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HomeMy WebLinkAboutCouncil Packet - 11/4/2024CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA Regular Session TO BE HELD AT Harold E. Getty Council Chambers Monday, November 4, 2024 5:30 PM CITY OF WATERLOO COMMUNITY VISION PLAN 1. Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo, and then leverage that pride to communicate the City's attributes to external audiences. 2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by providing access to capital. 3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by celebrating and connecting them with the community and region at large. 4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and employers for mutual growth. 5. Crossroads Doubledown: Re -energize the Crossroads Mall area into a sports/recreation-themed gravitational center. 6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the needs of future generations, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. 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 Page 1 of 292 is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address, and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (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, Belinda Creighton -Smith, Ward 4 Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of October 21, 2024, Regular Council Session, as proposed or Page 2 of 292 amended. 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. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 21, 2024, and date of public hearing as December 2, 2024, in conjunction with the FY 2025 W.A.R.P. 4th Addition, Contract No. 1114, and instruct City Clerk to publish said notice. 3. Resolution setting date for public hearing as January 6, 2025, to review the proposed funding recommendations set forth by the Housing Authority Board for the Five-year Capital Funds Action Plan for FY 2024-2028, as proposed by the Housing Authority Department for maintenance of the existing housing complex at Ridgeway Towers, and instruct the City Clerk to publish said notice. 4. Resolution approving the request by Brian and April Leadley, for tax exemptions on the construction of a new garage valued at $17,000.00, for property located at 1330 Wallgate Avenue and located in the Consolidated Urban Revitalization Area (CURA). 5. Resolution approving the request by Lamont W. Good, for tax exemptions on the construction of a new single-family home valued at $340,000.00, for property located at 4455 Charm Drive and located in the City Limits Urban Revitalization Area (CLURA). 6. Resolution approving submission of Highway Safety Improvement Program (HSIP) Grant Application in the amount of $640,000.00 for systemic snow protection of red signals, and authorizing the Mayor and City Clerk to execute said document. 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K & W Electric of Cedar Falls, Iowa, in the amount of $162,450.00, in conjunction with the Logan Ave. ASCT Project, DOT Project No. ICAAP-SWAP-8155(781)-- SH-07 Contract No. 1068, and authorize the release of retainage in the amount of $4,873.50. 8. Resolution approving Completion of Project and Recommendation of Acceptance of Work Page 3 of 292 for work performed by WRH, Inc., of Amana, Iowa, in the amount of $50,843.54, in conjunction with the FY 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation Project, Contract No. 1067, and receive and file a two-year maintenance bond. 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of $53,664.00, in conjunction with the FY 2025 Levee Rip Rap Spraying, Contract No. 1104, and receive and file a two-year maintenance bond. 10. Motion to approve Change Order No. 8 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $0.00, in conjunction with the Waterloo Convention Center Restroom Renovation Project, and authorizing the Mayor and City Clerk to execute said document. 11. Motion approving the appointment of Adarsh Tummula from the current Civil Service List to the position of Planner I in the Community Planning and Development Department, effective November 18, 2024. 12. Motion to approve the appointment of Richard Wagner from the current Civil Service list to the position of Construction Foreman in the Leisure Services Department, effective November 5, 2024. 13. Motion approving the appointment of Collin Weber from the current Civil Service List to the position of Solid Waste Technician in the Sanitation Department, effective November 5, 2024, pending pre -employment physical and drug testing. 14. Motion to approve the appointment of Kenneth Van Deest from the current Civil Service List to the position of Park Maintenance II Construction in the Leisure Services Department, effective November 5, 2024. 15. Motion to receive and file Leisure Services Commission Board minutes of September 10, 2024. 16. Liquor Licenses a. The Next Level, 229 E. 4th Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/17/2025. b. Traveling Tapster, 250 Ansborough Ave/Hippodrome, Class C Alcohol w/Sunday Sales (New) Exp: 11/25/2024. c. The Slippery Pickle, 341 Fletcher Ave., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 5/31/2025. 17. Motion approving Cigarette/Tobacco Permit Application for BP Fuel, 127 Jefferson Street. 18. Bonds. PUBLIC HEARINGS 1. Terminal Security Upgrades Project, Contract No. 5819, IDOT CSVI Grant. Page 4 of 292 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. Resolution rejecting the bid of K & W Electric, Inc., of Cedar Falls, Iowa in the amount of $514,894.00, in conjunction with the Terminal Security Upgrades Project, Contract No. 5819, IDOT CSVI Grant. Submitted by: Steven Kjergaard, Director of Aviation 2. Demolition and Site Clearance Services, Contract No. D-2024-10-06P. 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 approving award of bid to D.W. Zinser Company, Inc., of Walford, Iowa, in the amount of $118,000.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D-2024-10-06P, for properties located at 708 W. 3rd Street, 324-326 W. 7th Street, 617 W. 1st Street, and 200 E. Mullan Avenue (City -owned properties), and also 100 Commercial Street, and 128 Sycamore Street (Waterloo Development Corp. owned properties), and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 3. Demolition and Site Clearance Services, Contract No. D-2024-10-04P, 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 approving award of bid to D.W. Zinser, Co., of Walford, Iowa, in the amount of $198,000.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D-2024-10-04P, for properties located at 105 E. 11th Street, 114 E. 10th Street, 100 E. 9th Street (a.k.a. 105 E. 10th Street), and 1202 Sycamore Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 4. Agreement with Iowa Northland Regional Council of Governments to utilize city property for transit vehicle parking near 1325 Black Hawk 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. Page 5 of 292 Resolution approving a Property Use Agreement with Iowa Northland Regional Council of Governments, to park transit vehicles on city -owned property near 1325 Black Hawk Street, expiring December 31, 2026, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving a Farm Lease Agreement beginning March 1, 2025, and expiring February 28, 2026, with Lanehaven Farms, Inc., to farm approximately 70.25 acres of land located east of 4719 Ansborough Avenue at $300.00 per acre for annual rental payment of $21,075.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 2. Resolution approving a Development Agreement with Kent Dierks for the construction of a new commercial building with a tax rebate schedule of fifty percent for five years, and a Minimum Assessment Agreement of $574,720.00, located at 3169 West Airline Highway, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 3. Resolution approving a Project Demolition Agreement with Iowa Heartland Habitat for Humanity for the demolition of properties located at 512 Almond Street and 222 Randall Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving an Encroachment Agreement with Danielle White, to allow for a fence, gazebo, and swing set on city -owned property in the "R-2" One -and Two -Family Residence District and "A-1" Agricultural District located south of 601 Cedar Bend Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., in an amount not to exceed $667,900.00, to complete engineering and survey work related to the University Avenue Area TIF District projects, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution of the City of Waterloo, Iowa, authorizing official banking signatures. Submitted by: Bridgett Wood, Finance Director 7. Resolution approving a Property Lease Agreement for Underbridge Access Truck with the Iowa Department of Transportation, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Wayne Castle, PLS, PE, Assistant City Engineer 8. Resolution approving an ongoing Lease Agreement with C&S Car Company for a 2025 Page 6 of 292 Hyundai Santa Fe, VIN # 5NMP3DGL5SH069038, to be used by the Police Department, at no cost to the city, and authorizing the Mayor to execute said document. Submitted by: Aaron McClelland, Captain ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 7 of 292 October 21, 2024 The City Council of the City of Waterloo, Iowa, met in REGULAR SESSION at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, October 21, 2024. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Simon, Ms. Wilder and Mr. Feuss. Mr. Chiles, joined the meeting via Zoom. Prayer or Moment of Silence. Pledge of Allegiance, Rob Nichols, At -Large council Member. Approval of Agenda, as proposed or amended. Feuss/Nichols that the agenda, be approved. Voice vote -Ayes: Seven. Motion carried Approval of Minutes of October 7, 2024, Regular Council Session, as proposed or amended. Feuss/Nichols that the minutes of the October 7, 2024, Council meeting, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Aaron Stacey Roberts, 411 Almond Street; David Dryer, 3145 W. 4th Street; L.C. Smith 416 Oliver Street; Forest Dillavou, 1725 Huntington Road; John Hayes, 110 Sunset Road; LaTonya Graves, 607 E. Donald Street; Mr. Feuss, encouraged citizens to register and vote at the upcoming election. Ms. Creighton -Smith, commented Ward 4 will have their next meeting November 21, 2024, 6:00 p.m., Boys & Girls Club at the Teen Center and shared that several community members have questioned why African Americans are not being hired by Waterloo Fiber. Ms. Wilder shared Ward 3 meetings will resume on November 4, 2024, at 5:00 p.m. at the Waterloo Public Library and have meetings on the last Sunday of every month. Mr. Chiles, shared he will have office hours at the Ridgeway Sidecar from 12:00-1:00, on October 26, 2024. Feuss/Creighton-Smith to close public comments. Voice vote -Ayes: Seven. Motion carried. Page 1 of 12 Page 8 of 292 CONSENT AGENDA Feuss/Wilder that the following items on the consent agenda be received and placed on file, including the payment of bills for October 14, 2024, in the amount of $5,369,916.05, and October 21, 2024, in the amount of $6,760,729.92, be received and placed on file. Roll Call vote -Ayes: Seven. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-611. Resolution setting date of public hearing as November 4, 2024, for a property use agreement with Iowa Northland Council of Governments, expiring December 31, 2026, to utilize city property for transit vehicle parking near 1325 Black Hawk Street, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-612. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-613. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-614. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Martin Road Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-615. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024 and instruct the City Clerk to Page 2 of 12 Page 9 of 292 publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-616. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-617. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the University Avenue Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-618. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and setting date of consultation with taxing entities as November 1, 2024, and other general updates to the Plan, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-619. Resolution setting date of public hearing as November 18, 2024, to approve Amendment No. 7 to the San Marnan Urban Renewal and Redevelopment Plan, to remove properties from the TIF area, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-620. Resolution setting date of public hearing as November 18, 2024, to approve Amendment No. 8 to the San Marnan Urban Renewal and Redevelopment Plan, to expand the boundaries and to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entries as November 1, 2024, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-621. Resolution approving the acceptance of a public service grant from the Waterloo Elks Lodge in the amount of $4,000.00, for youth safety and education. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-622. Page 3 of 12 Page 10 of 292 Resolution approving the contract, bonds, and certificate of insurance with Shift General Contracting, of Cedar Rapids, Iowa, in conjunction with the FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration, Contract No. 1109, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-623. Resolution approving the sale of used equipment from the Public Works Department via the PurpleWave website. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-624. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing two Chevy Colorado's, in the amount of $69,375.60 from Karl Chevrolet, for the Police Department. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-625. Motion to receive and place on file the City of Waterloo's submitted 509A Application for Renewal and Statement of Actuarial Opinion for FYE 2024. Motion to approve Change Order No. 4 with WRH, Inc., of South Amana, Iowa, for a net decrease of $1,009.41, in conjunction with FY 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, Contract No. 1067, and authorizing the Mayor to execute said document. Motion to approve Change Order No. 4 with WRH, Inc., of South Amana, Iowa, for a net increase of $16,250.00, in conjunction with Titus Lift Station And Force Main, Contract No. 975, and authorizing the Mayor to execute said document. Motion to approve Change Order No. 8 with Woodruff Construction of Waterloo, Iowa, for a total increase of $5,265.70, in conjunction with the FY 2023 Gates Park Improvements Project, Contract No. 1076, and authorizing the Mayor to execute said document. Motion to approve the appointment of Jay Millett to the position of Equipment Operator II in the Street Department, effective October 22, 2024. Motion to approve the appointment of Chad Davis from the current Civil Service List to the position of Solid Waste Technician in the Sanitation Department, effective October 22, 2024, pending pre -employment physical and drug testing. Page 4 of 12 Page 11 of 292 Motion to approve the appointment of Shaubhik Roy from the current Civil Service List to the position of Financial Analyst in the Finance Department, effective October 22, 2024. Motion to approve the appointment of Kyler Fischels from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective November 4, 2024, pending pre -employment physical and drug testing. Motion to approve the appointment of Johnathon Gentz from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective November 6, 2024, pending pre -employment physical and drug testing. Communication from the Fire Department on the notice of the conclusion of employment of Micah Moore, Firefighter, effective September 26, 2024, with recommendation of approval of payout of $4,023.33 for unused benefits. Communication from the Leisure Services Department on the notice of the conclusion of employment of Paul Huting, Leisure Services Director, effective September 30, 2024, with recommendation of approval of payout of $32,520.35 for unused benefits. Communication from the Fire Department on the notice of the conclusion of the employment of Todd Petersen, Fire Lieutenant, effective September 27, 2024, with recommendation of approval of payout of $6,482.45 for unused benefits. Communication from the Fire Department on the notice of the conclusion of employment of Kerry Burt, Firefighter, effective October 1, 2024, with recommendation of approval of payout of $14,154.48 for unused benefits. Communication from the Fire Department on the notice of the conclusion of employment of Joshua Holley, Firefighter, effective October 5, 2024, with recommendation of approval of payout of $1,253.12 for unused benefits. Scott Voigt, Board/Commission: Planning, Programming and Zoning Commission, Expiration Date: October 21, 2027, [New]. Eric Poe, Board/Commission: Planning, Programming and Zoning Commission, Expiration Date: October 21, 2027, [New]. Page 5 of 12 Page 12 of 292 Liquor Licenses a. Love's Travel Stop #702, 3301 Greyhound Dr., Class B Alcohol w/Sunday Sales (Renewal) Exp: 11/16/2025. b. Fareway Stores #951, 40 W. San Marnan Dr., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/15/2025. c. 1850 Patio & Grill, 1850 W. Ridgeway Ave. Ste. 5, Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/31/2025. d. Brown Derby Ballroom, 618 Sycamore St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 9/30/2025. e. Capella Magna, 622 Commercial St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 11/30/2025. f. Carpenter's Diner, 518 Jefferson St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 11/2/2025. g. Chapala Mexican Restaurant, 900 La Porte Rd., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/22/2025. h. Danny's on Donald, 1125 W. Donald St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/4/2025. i. Express Mart, 2027 Falls Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/30/2025. j. Hy-Vee #1 Clubroom, 2834 Ansborough Ave., Special Class C Alcohol w/Sunday Sales (Renewal) Exp: 10/16/2025. k. K-Zar, 1761 Independence Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/13/2025. I. Dollar General #20584, 1650 Idaho St., Class B Alcohol w/Sunday Sales (Renewal) Exp: 11/6/2025. m. Friendship Village, 600 Park Lane, Class F Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/18/2025. Motion approving Application for Fireworks Display for the Bartlett/Bultsma Wedding Reception, October 26, 2024, at the Isle Casino Hotel, 777 Isle of Capri Blvd., Waterloo, beginning at 6:45 p.m. for approximately 15 minutes. Bonds. PUBLIC HEARINGS Waterloo Fire Rescue Turnout Gear Replacement Project. Boesen/Feuss to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. Page 6 of 12 Page 13 of 292 This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Feuss to close the hearing. Voice vote -Ayes: Seven. Motion carried. Boesen/Feuss A resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-626. Mr. Boesen questioned why no bids were submitted for the project. Bill Beck, Chief of Fire Services commented he expected bids from two different vendors, but they didn't submit bids in time, so he will now re -let the bid. Boesen/Feuss to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Seven. Motion carried. The Deputy Clerk reported no bids were received. FY 2025 prefabricated shelter at 1700 Idaho Street, for the Municipal Telecommunications Utility Project, Contract No. 1112. Nichols/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Wilder to close the hearing. Voice vote -Ayes: Seven. Motion carried. Nichols/Wilder A resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-627. Eric Lage, Waterloo Fiber General Manager explained the shelter being constructed on Idaho Street is similar to the one built near Fire Station No. 6 and is the second phase of the project. Mr. Boesen questioned the price difference between the two structures. Eric Lage explained the shelter at No. 6 did not contain a DC generator or a power plant so it was under $100,000.00 where this one includes those items. Mr. Boesen commented he is concerned that the bids came in $83,000.00 higher than the estimate. Page 7 of 12 Page 14 of 292 Eric Lage responded that they will review the bid and the specifications to determine the feasibility. Mr. Nichols questioned the difference between Waterloo Fiber and Metronet. Eric Lage explained Waterloo Fiber is the municipal provider under sewer and waterworks and Metronet is an independent business also building infrastructure. Mayor Hart explained the city voted in 2005 to form a municipal telecom with its own local board members and in 2022 passed a referendum to use money to go towards this project. Mr. Simon questioned how employees are hired by Waterloo Fiber. Eric Lage explained ITG is the general contractor and they hire subcontractors so Waterloo Fiber has no say in who is hired for the project. Mayor Hart explained the crews working on the project are minority crews. Mr. Simon questioned if there is an opportunity to hire locally. Mayor Hart explained Eric Lage is only responsible for staffing Waterloo Fiber locally. Nichols/Wilder to receive, file, and instruct the City Clerk to read bids and refer them to the Public Works Division Manager for review. Voice vote -Ayes: Seven. Motion carried. Estimate: $225,000.00 HM Cragg, Edina, Minnesota - 5% - $308,879.69 Sale and conveyance of approximately 1,250 square feet of city -owned property located adjacent to 4805 Edgebrook Drive. Wilder/Feuss to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Wilder/Feuss to close hearing. Voice vote -Ayes: Seven. Motion carried. Wilder/Feuss Resolution approving a request by David R. and Mary H. Alderman for the sale and conveyance of approximately 1,250 square feet of city -owned property located adjacent to 4805 Edgebrook Drive for $1.00, including a Development Agreement to construct a new sidewalk at a value of $1,235.00, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-628. Page 8 of 12 Page 15 of 292 Sale and conveyance of vacant lots within the Walnut Neighborhood to Iowa Heartland Habitat for Humanity. Creighton-Smith/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Beverly Cosby, 315 Wendell Court, questioned the street addresses for the proposed properties and commented it is already congested in this area and the new homes have no yards. Noel Anderson, Community Planning and Development Director explained, lots are located on Iowa Street, Argyle, Clay Street and a green space is located on Alban Street. Mayor Hart commented that for years, in this area residents have been asking for new housing opportunities and over the last 3-4 years hundreds of thousands of dollars have been invested in the area and 40% of new home owners through Habitat in that area are African Americans. Creighton-Smith/Wilder to close the hearing. Voice vote -Ayes: Seven. Motion carried. Resolution authorizing the sale and conveyance of city -owned properties located within the Walnut Neighborhood, in the amount of $1.00 each to Iowa Heartland Habitat for Humanity, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-629. 8913-24-159-006 Railroad Addition, Waterloo, the North 31 feet of the South 59 feet of Lot 7 in Block 21, the North 31 Page 201 of 337 feet of the South 59 feet of the West 40 feet of Lot 8 in Block 21 will not be sold to Iowa Heartland Habitat for Humanity at this time as the City is completing paperwork for the purchase of the property. The parcel will be sold at the November 18, 2024, meeting after the City obtains title to the property. Ms. Creighton -Smith commented she is excited to see new housing in this area but asked the council to keep an eye on the specifications for these properties. Creighton-Smith/Wilder Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for constructing three single-family homes, with a total of $15,000.00 Infill Housing Grant of $5,000.00 per home, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-630. RESOLUTIONS Resolution approving a Parking Contract with IPS Group of San Diego, California, in conjunction with the Multi -Spot Parking Meters upgrade, and authorizing the Mayor, City Attorney, and City Clerk to execute said document. Page 9 of 12 Page 16 of 292 Boesen/N ichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-631. Resolution approving the IGT Fund Transfer Agreement for FY 2026, and authorizing the Mayor to execute said agreement. Boesen/N ichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-632. Resolution approving the Provider Participation Agreement for FY 2026, and authorizing the Medical Supervisor, Jason Hernandez, to execute said document. Boesen/N ichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-633. Resolution approving a Forecast and Data Support Agreement with BAMWX, in the amount of $3,397.50 per year for three years, for providing weather radar forecasting tools, and authorizing the Mayor to execute said document. Boesen/N ichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-634. Resolution approving Amendment No. 1 to the Raise Grant Agreement, with the US Department of Transportation, in conjunction with the La Porte Road Improvements from Shaulis Road to Byron Avenue, and authorizing the Mayor to execute said document. Creighton-Smith/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-635. Jamie Knutson, City Engineer, gave updates on the LaPorte Road Project and bridge projects. Mayor Hart asked for an update on the grants received for the LaPorte Road Project. Jamie Knutson explained that several grants were received from different sources, around $40 million, and as the bids came in low for Phase I, once all three phases are completed any remaining funds may be used for fiber construction costs in this area. Bulk of enhancement grants will be used for putting all overhead utilities underground. Resolution approving a Federal -aid Agreement, with the Federal Highway Administration, in the amount of $750,000.00, in conjunction with the Railyard Relocation Study for the railyard located at 1006 E. 4th Street, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-636. Page 10 of 12 Page 17 of 292 Ms. Wilder questioned the completion date of the project as September 30, 2025. Mayor Hart explained the timeline for developing the concept and feasibility of relocating the railyard and the various moving parts for the project. Mr. Boesen questioned if part of the $750,000.00 grant goes towards the environmental assessment of the existing railroad lot. Mayor Hart explained part of the study would be the usability of the lot pertaining to brownfields or grayfields. Ms. Creighton -Smith commented this also gives the City other opportunities to secure additional funds from brownfield and federal grants and is excited about moving forward with the project. Mayor Hart commented the name of the grant is reconnecting communities. Resolution approving Supplemental Agreement No. 7 with Stanley Consultants, Inc., of Des Moines, Iowa, in the amount of $52,600.00, in conjunction with the FY 2022 11th Street and Park Avenue Bridge Replacements Project, Contract No. 1013, and authorizing the Mayor to execute said document. Creighton-Smith/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-637. Mr. Simon requested a clarification of the agreement and questioned the completion date. Jamie Knutson, City Engineer, explained this is part of the eleven and a half million dollar grant agreement and as part of the agreement, portions of the original beams from the bridge and placement of a historical marker are requirements to receive the grant. There will be a historical display and several prairie pathway signs will be placed on both sides of the bridge for compliance. Mr. Simon questioned why this wasn't included in the original draft. Jamie Knutson explained this was not included in the original plans as it was their focus to get the bridge portion of the project out for bid so as to not lose out on twelve and a half million in state funding. Mr. Simon questioned if this couldn't have been planned better rather than asking for more money later. Jamie Knutson explained the City and the State had difficulty contacting and getting cooperation from the 11th Street Railroad with the project in order to submit the application in a timely fashion which didn't allow for planning and designing the historical display. Mr. Boesen expressed concerns that there will be costs in addition to the $52,000.00. Jamie Knutson explained this is only for the design and inspection and there will be additional costs. Page 11 of 12 Page 18 of 292 Mr. Boesen questioned if Invision would also be charging more for their timeline for the project. Jamie Knutson explained Invision's costs are included in the $52,000.00 and to see the project bid by the first of the year as this is not the typical type would like to give contractors plenty of time to bid the project. services and the that he would like of construction so Mr. Boesen questioned if the project is going to require lane closures. Jamie Knutson responded there will be some but anticipated only a day or two. ADJOURNMENT Boesen/Wilder that the council adjourns at 6:28 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 12 of 12 Page 19 of 292 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 21, 2024, and date of public hearing as December 2, 2024, in conjunction with the FY 2025 W.A.R.P. 4th Addition, Contract No. 1114, and instruct City Clerk to publish said notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 20 of 292 Page 21 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT LeKeisha Veasley, Housing Authority Director Housing Authority Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution setting date for public hearing as January 6, 2025, to review the proposed funding recommendations set forth by the Housing Authority Board for the Five-year Capital Funds Action Plan for FY 2024-2028, as proposed by the Housing Authority Department for maintenance of the existing housing complex at Ridgeway Towers, and instruct the City Clerk to publish said notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 22 of 292 1. 5-Year Capital Funds Plan_ 2024 Public Hearing 2. 5-Year Capital Funds Plan (PH 1.6) Page 23 of 292 CITY OF %V44TERLOO IOWA Community of Opportunity Waterloo Housing Authority 620 Mulberry St, Waterloo, IA 50703 Phone: (319) 233-0201 CITYOFWATERLOOIOWA.COM NOTICE OF PUBLIC HEARING FOR THE WATERLOO HOUSING AUTHORITY 5-YEAR CAPITAL FUNDS ACTION PLAN FISCAL YEAR 2024-2028 9 qp The Waterloo Housing Authority Board will hold a public hearing on Monday, January 6, 2025, at 5:30 p.m., in the City Council Chambers of City Hall, 715 Mulberry Street, Waterloo, Iowa. The purpose of this hearing will be to receive public comments on the Waterloo Housing Authority's proposed 5-Year Capital Funds Action Plan for Fiscal Year 2024-2028. The purpose of the plan is to disclose how the Waterloo Housing Authority will utilize the funds to maintain its existing public housing complex called Ridgeway Towers. Department of Housing and Urban Development (HUD) Capital Fund provides funds, annually, to Public Housing Agencies (PHAs) for the development, financing, and modernization of public housing developments and for management improvements for the property. The 5-Year Capital Funds Action Plan is available for public review in two (2) locations: 1) The Waterloo Housing Authority Office, Carnegie Annex, 620 Mulberry Street, Waterloo, Iowa 50703 2) The Ridgeway Towers Apartment Complex, 225 West Ridgeway Ave, Waterloo, Iowa 50701 A 45-day comment period begins Saturday, November 9, 2024, and will end December 23, 2024. Written comments may be submitted to the Housing Authority at any time during the comment period, and will be incorporated into the final document. Written comments and/or questions may be directed to LeKeisha Veasley, Waterloo Housing Authority, Carnegie Annex, 620 Mulberry Street, Waterloo, Iowa 50703, and at phone number 329-233-0201/TDD lekeisha.veasley@waterloo-ia.org . FOR PUBLICATION Saturday November 9, 2024, IN THE WATERLOO COURIER LEGAL NOTICE SECTION. EQUAL HOUSING OPPORTUNITY Page 24 of 292 NOTICE OF PUBLIC HEARING FOR THE WATERLOO HOUSING AUTHORITY 5-YEAR CAPITAL FUNDS ACTION PLAN FISCAL YEAR 2024-2028 The Waterloo Housing Authority Board will hold a public hearing on Monday, January 6, 2025, at 5:30 p.m., in the City Council Chambers of City Hall, 715 Mulberry Street, Waterloo, Iowa. The purpose of this hearing will be to receive public comments on the Waterloo Housing Authority's proposed 5-Year Capital Funds Action Plan for Fiscal Year 2024-2028. The purpose of the plan is to disclose how the Waterloo Housing Authority will utilize the funds to maintain its existing public housing complex called Ridgeway Towers. Department of Housing and Urban Development (HUD) Capital Fund provides funds, annually, to Public Housing Agencies (PHAs) for the development, financing, and modernization of public housing developments and for management improvements for the property. The 5-Year Capital Funds Action Plan is available for public review in two (2) locations: 1) The Waterloo Housing Authority Office, Carnegie Annex, 620 Mulberry Street, Waterloo, Iowa 50703 2) The Ridgeway Towers Apartment Complex, 225 West Ridgeway Ave, Waterloo, Iowa 50701 A 45-day comment period begins Saturday, November 9, 2024, and will end December 23, 2024. Written comments may be submitted to the Housing Authority at any time during the comment period and will be incorporated into the final document. Written comments and/or questions may be directed to LeKeisha Veasley, Waterloo Housing Authority, Carnegie Annex, 620 Mulberry Street, Waterloo, Iowa 50703, and at phone number 329-233-0201/TDD lekeisha.veasley@waterloo-ia.org. FOR PUBLICATION Saturday November 9, 2024, IN THE WATERLOO COURIER LEGAL NOTICE SECTION. Page 25 of 292 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving the request by Brian and April Leadley, for tax exemptions on the construction of a new garage valued at $17,000.00, for property located at 1330 Wallgate Avenue and located in the Consolidated Urban Revitalization Area (CURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the commercial property under the Consolidated Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 15 in Block 28 in "Hagerman Place" Page 26 of 292 ATTACHMENTS 1. 1330 Wallgate Ave CURA Form 2. 1330 Wallgate Ave CURA Map Page 27 of 292 For Office Use Only Date Received: in- /5"as Received by: ( Staff to make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department) 3. This application must be filed with City prior to the l st working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Commercial properties must have a development agreement with the City that includes a minimum assessment agreement. Please fill out the following information for your application to be submitted to the City Council. NAME: ,l/{tLfrt 64ULi ti Lta,dkai SIGNATURE: tailitqc ADDRESS: Cr)10 Hi"CALO rn7t EMAIL: 44( 10° , All C 'Tt.. TELEPHONE: V)t.q'31 -141.r - DATE: (Q /f 51 A. What is the Address of the property being improved? I ?3W Li)a ti to live What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? P yce l VD Sag 197 ). -H c g o ? itqtrimign Net Lvt. 16 -gi oat. 2F' B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year 70% c. Third Year 60% d. Fourth Year 50% g. Seventh Year e. Fifth Year 40% h. Eighth Year f. Sixth Year -40% i. Ninth Year 20% j. Tenth Year 20% 30% 30% Note: Residentially assessed properties receiving the CURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July 1, 2024. C. What was the nature of the im rovement's)? 2� L 2-1 De&thP� Cray � D. If this is not a single-family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes No E. What was the cost of the improvement? 17 i pot). 0 0 F. Estimated or actual date of completion of these improvements? 9/2N j�Ll Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the BIack Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this line -- Office Use Only O. City of Waterloo Building and Inspections Department Information: Permit Number: `,),G91-1` 001119011Date permit was issued: 6 )9-0 124 Total permit(s) valuation: 1 1 W V CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor Page 28 of 292 Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein. either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats. surveys. recorded deeds. etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 1330 Wallgate Ave DOWNING DOWNING AVE AVE WALLGATEAVE DOWNING AVE 1 0 15 30 60 90 Feet Page 25 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving the request by Lamont W. Good, for tax exemptions on the construction of a new single-family home valued at $340,000.00, for property located at 4455 Charm Drive and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Southland Park 6th Addition Lot 4 Page 30 of 292 ATTACHMENTS 1. 4455 Charm Dr CLURA Form 2. 4455 Charm Dr CLURA Map Page 31 of 292 irnmi;i.1, 7--V For Office Use Only Date Received: I) -leg____ Received by: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS AND DAYCARE CENTER IMPROVEMENTS UNDER THE PROVISIONS OF THE C1TY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE C1TY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: I. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the working day of February following the year when tine improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Daycare facilities may need a development agreement with the City. Please contact the Waterloo Planning and Zoning Department for more infonnation. LPlease fill out the following information for your application to be submitted to the City Council. NAME: SIGNATURE: ADDRESS: 1I1/6S C IMie fl ]) j(. EMAIL: DATE: LitTmb,z 7GL 4 0 O TELEPHONE: 3/9 4L4) 67 � ? lg Ml s_e. Cbrri A. What is the Address of the property being improved? 1114 5 3 tZ 1-, /Q R !Y1 1) / . What is the Legal Description of the property? (May be available at County Recorder's Office on 2M floor of the Courthouse) 5o 6,7 74 ► J9, (D PfkR i -Q 0Dfi Bon) L a T 1.7/ B. Indicate desired exemption schedule: (1 or2) X One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year 70% c. Third Year 60% d. Fourth Year 50% g. Seventh Year 30% e. Fifth Year 40% h. Eighth Year 30% f. Sixth Year 40% i. Ninth Year 20% 20% j. Tenth Year Note: Residentially assessed properties receiving the CLURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July 1, 2024. C. What was the nature of the itnprovemen D. What was the cost of the new construction? 3 a,BBa r--f E. Estimated or actual date of completion of this new construction? ,5 Pr D /� Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this line — Office Use Only F. City of Waterloo Building and Inspections Department Information: c� Permit Number: tiJQ cts!�,I J '��� Date permit was issued: Total pennit(s) valuation: �)0 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED T.I. Koenigsfeld Black Hawk County Assessor Page 32 of 292 CHARM DR Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. Page 3 u CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving submission of Highway Safety Improvement Program (HSIP) Grant Application in the amount of $640,000.00 for systemic snow protection of red signals, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Grant funds 100% ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. HSIP-Local-Application (1) Page 34 of 292 Page 35 of 292 ^W� HSIP-Local Program — Application — State FY 2026 (Due November 15, 2024) General Information: Agency: City of Waterloo Contact Person: Tina Schellhorn Phone Number: (319)291-4440 Email Address: Tina.schellhorn@waterloo-ia.org The County/City is seeking HSIP-Local Federal -aid 'Swap' (State) funding for the following project type: (check all that apply) mprovement Type Intersections and Curves CRF*-% Improvement Type CRF*-% • Centerline Rumble Strips 10% • Transverse Rumble Strips 13% • Pave Shoulders + Install Rumble Strips 15% • Clearing and Grubbing varies ❑ Shoulder or Edgeline Rumble Strips 15% ❑ Pedestrian/Bike Improvements *** varies ❑ Grooved -in 6" Pavement Markings 7-10% ❑ Signs (new only) varies ❑ Clearing and Grubbing varies ❑ Rural Intersection Lighting SO%/night) • Speed Management varies • Curve Warning and Chevron Signs 10-20% Guardrail (new or upgraded) varies Curve/Intersection Friction (HFST) 25% • • • Lane Reconfiguration ** varies 0 Other: Signal face snow ice protection Iowa DOT Planning Level Crash Reduction Factors (CRF) provided for reference (Additional CRFs and info) Typical projects include 4-lane to 3-lane conversions (30% CRF) or similar Typical projects: crosswalk signing + marking with RRFB or PHB (HAWK signal) (40%-60% ped crash CRF) Project Details: (Note: HSIP-Local 'Swap' projects must be let through Iowa DOT. See Local Systems Bureau IM 1.150, Appendix A) Targeted letting fiscal year: FY 2026 FY Flexible? Yes Estimated funding request: 640,000 Project also includes Federal -aid funds? No Systemic snow and ice protection. Protection on one red traffic signal for every through phase at every signalized intersection throughout the city. Attached is a cost estimate and map. Additional Project Safety Documentation (helpful to attach when available): ❑ Project information sheet(s) or "Risk Score">50% from County/City Local Road Safety Plan (LRSP) ❑ FHWA SS4A funded Safety Action Plan or similar LPA comprehensive transportation safety plan ❑ Iowa DOT TEAP Study or similar analysis and/or project concept/exhibits ❑ Other project specific info (e.g. DOT TSIP Benefit/Cost analysis, ICAT reports/collision diagrams, etc) ❑ Project intersection and/or segment PCR Level (PCR-All or PCR-Severe) from the Iowa DOT Potential for Crash Reduction (PCR) web -based map tool (click pop -ups) https://per.iowadot.gov/ Potential for Crash Reduction (PCR) Information PCR Intersection ID Intersection or Segment Description or PCR Segment ID PCR-Severe Level Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. This application does not obligate the Agency or Iowa DOT to utilize HSIP-Local funds on the identified project. Rev. 08/24 Page 36 of 292 IWA I DOT Submit application to Traffic and Safety Bureau — Safety Programs Engineer — Greg Karssen Greg.Karssen@iowadot.us (515) 239-1267 by November 15 for following fiscal year or later. Rev. 08/24 Page 37 of 292 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K & W Electric of Cedar Falls, Iowa, in the amount of $162,450.00, in conjunction with the Logan Ave. ASCT Project, DOT Project No. ICAAP-SWAP-8155(781)--SH-07 Contract No. 1068, and authorize the release of retainage in the amount of $4,873.50. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES General Obligation Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 38 of 292 1. (782) Release of Retainage Request 2. Iowa DOT Certificate of Completion and Final Acceptance of Agreement Work Page 39 of 292 MOHAMMAD ELAHI From: Kevin Martin <kmartin@kwsign.com> Sent: Wednesday, September 18, 2024 8:52 AM To: MOHAMMAD ELAHI Subject: ICAAP-SWAP-8155(781)--SH-07 CAUTION: This email originated from outside the City of Waterloo email system. Do not click links or open unexpected attachments unless you recognize the sender and know the content is safe. Mohammad, would like final acceptance and release of retainage on project # ICAAP-SWAP-8155(781)--SH-07. Contract amount is $162,450.00 We have been paid up to contract minus retainage. Retainage is $4,873.50 which is what is left on the contract to pay. Kevin Martin President - Civil 3192770415 (0) 3192401119(M) ELECTRIC INC. 100% Employee Owned f in i Page 40 of 292 Form 640003 03-04 wd IOWA DOT CERTIFICATE of COMPLETION and FINAL ACCEPTANCE of AGREEMENT WORK COMPANY: KW Electric COUNTY/CITY: Waterloo ADDRESS: 1127 Lincoln St, Cedar Falls, IA 50613 PROJECT NO.: ICAAP-SWAP-8155(781)--SH-07 KIND OF WORK: Traffic Signals AGREEMENT DATE: 11/30/2021 FIELD COMPLETION DATE: 9/15/2024 This is to certify that the work covered by the above referenced agreement has been completed in accordance with said agreement and is hereby accepted, subject to final audit of costs. Mohammad SIGNATURE: Eteat�, ,d DATE: October 29 2024 Project Engineer (Res. Construction) (Area Engineer) (County) (City) Year (Consultant) *SIGNATURE: DATE: District (Construction) (Maintenance) (Local Systems) Engineer Year Approved and work accepted by the Board of Supervisors/City Council of this day of Year SIGNATURE: Chalrman/Mayor Acknowledge completion of project in accordance with referenced agreement by the Iowa Department of Transportation this day of Year SIGNATURE: Iowa Department of Transportation *On Local State Assisted Projects District does NOT certify but acknowledges completion of project. DO NOT WRITE IN THIS BOX. CENTRAL OFFICE USE ONLY. (Check or Initial Appropriate Box) ❑ Office of Audits ❑ Copy to Company ElCopies to District ❑ Original to Files 01/31/18 Appendix 1gAge 41 of 292 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by WRH, Inc., of Amana, Iowa, in the amount of $50,843.54, in conjunction with the FY 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation Project, Contract No. 1067, and receive and file a two-year maintenance bond. RECOMMENDED COUNCIL ACTION Approval of Completion of Project for Contract # 1067 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 42 of 292 1. 102324&Encl 2. Waterloo Clarifier #3 - Acceptance request 3. WRH Maint. Bond No. 100120893 4. WRH COS Bond No. 100120893 Page 43 of 292 STRAND ASSOCIATES® Exceilerce in E:rgirreering '1 Strand Associates, Inc® 910 West Wingra drive Madison, WI 53715 (P) 608.251.4843 www.stra nd.com October 23, 2024 Mr. Brian Bowman City of Waterloo 3505 Easton Avenue Waterloo, IA 50702 Re: F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation Contract 1067 City of Waterloo, Iowa Dear Brian, This letter serves as our recommendation of final payment for Contract 1067. Enclosed is a copy of the final Application for Payment and accompanying documentation in accordance with the Contract Documents, including the Maintenance Bond and consent of surety to final payment. A final inspection occurred on September 13, 2024. Based upon our observation of the Work during construction and final inspection, and our review of the final Application for Payment and accompanying documentation, it appears the Work has been satisfactorily completed. Therefore, we recommend final payment of the amount indicated in the enclosed final Application for Payment. Furthermore, in in support of our recommendation of payment of the final Application for Payment, this letter also provides our written notice to CITY and CONTRACTOR (by copy of this letter) that the Work is acceptable, subject to stated limitations in this notice and to the provisions of the Contract Documents. The Preliminary Certificate of Substantial Completion fixed the Substantial Completion date as August 29, 2024. In accordance with the Contract Documents, CONTRACTOR shall maintain all work for a period of 2 years from and after the date it is accepted by the CITY' s City Council. A review of the Work will be scheduled with CITY during the Correction Period to evaluate the Work for items that may require correction under the terms of the Contract. Please call 608-251-4843 if there are any questions. Sincerely, STRAND ASSOCIATES, INC.® Samuel K. Hocevar Enclosure c: Matt Yentz, Strand Associates, Inc.® Tim Williams, WRH, Inc. 4463.016VSKH:t1NL\MAD\Documents4 Specifications\ Archive\2022\Waterloo, City of(IA»4463.016.1067.skM(16) Specification Letters \(h) Final Payment and Notice of Acceptability of Work\102324.docx Arizona J Illinois I Indiana I Iowa I Kentucky J Ohio J Tennessee 1 Texas J Wisconsin Page 44 of 292 STRAND ASSOCIATES® Excellence in Engineering $ince 194,5 DATE: 10/23/2024 COMPANY NAME: ATTENTION: ADDRESS: CITY/STATE/ZIP: RE: Transmittal Letter City of Waterloo Strand Associates, Inc.® 910 West Wingra Drive Madison, WI 53715 (P) 608.251.4843 www.strand.com PROJECT NO. 4463.016 Brian Bowman 3505 Easton Avenue Waterloo, IA 50702 F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation City Contract 1067 - Payment Application WE ARE SENDING YOU: ❑ Agreement ❑ ❑ Change Order ❑ ❑ Other Contract Drawings ❑ Letter ❑ Pay Apps ❑ Report ❑ Samples ❑ Shop Drawings ❑ Specifications Copies Date No. Description 1 10/21/2024 Payment Application No. 15 with Schedule of Values 1 10/21/2024 Request for Project Acceptance Letter ITEMS TRANSMITTED AS SHOWN: • For approval • For your use ❑ As requested ❑ For review and comment ❑ Other REMARKS: ❑ Approved as submitted ❑ Approved as noted ❑ Approved as noted —Resubmit ❑ Not Approved ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Additional Information Required ❑ For signature Brian, If you have any questions regarding this payment application, please contact me at your convenience. Signed Samuel K. Hocevar Copy to: File Brad Manahl, City of Waterloo (via email) Tim Williams, WRH, Inc. (via email) Julianna Henrich, City of Waterloo (via email) S:\MAD\4400--4499\4463\016\Construction\Pay Requests\Pay App 15 - Final\2_Final\Pay App No. 15 Transmittal.docx Arizona Illinois Indiana Iowa I Kentucky Ohio I Tennessee I Texas Wisconsin Page 45 of 292 WRH, Inc. October 21, 2024 Mr. Sam Hocevar Strand Associates, Inc. 910 West Wingra Drive Madison, Wisconsin 53715 Re: Waterloo — FY 2023 Wastewater Treatment Plant Final Clarifier #3 Rehabilitation Project Acceptance Hello Sam, I have been informed that the FY 2023 Wastewater Treatment Plant Final Clarifier #3 Rehabilitation project is complete, completely functional, and under the control of the City of Waterloo staff. All punch list items have been completed. Record Drawings, Warranty, and Operation & Maintenance Documents have been delivered to your office. Notice of Request for Retainage Release has been sent to all subcontractors and suppliers. The Maintenance Bond and Consent of Surety will be delivered to Waterloo this week. Please provide the specific person to whom I should deliver these documents. At this time, I am officially requesting that the City of Waterloo accept the project and proceed to release retainage. Should you have any issues, please give me a call. Tim Williams Project Manager WRH, Inc. Cc: Brian Bowman — City of Waterloo Kyle Beth - Strand WRH, Inc. • PO Box 256, Amana, Iowa 52203 • 1648 T Avenue South Amana, IA 52203 Office: 319-622-3816 • Fax: 319-622-6095 • www.wrhconstruction.com • info@wendlerinc.com Page 46 of 292 SUMMARY SHEET (Use with AP2 or AP3) APPLICATION FOR PAYMENT OWNER: City of Waterloo PROJECT: Final Clarifier No. 3 Rehabilitation CONTRACTOR: WRH, Inc. CONTRACT: 1067 FOR PERIOD ENDING: September 30, 2024 PAYMENT APPLICATION DATE: October 21, 2024 PAYMENT APPLICATION NO.: 15 CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT PLUS: ADDITIONS TO THE CONTRACT LESS: DEDUCTIONS FROM THE CONTRACT ADJUSTED CONTRACT AMOUNT TO DATE WORK PERFORMED $ 842,000.00 $ 183,433.77 $ 8,562.88 $ 1,016,870.89 COST OF WORK COMPLETED $ 1,016,870.89 PLUS MATERIALS STORED (ATTACH SCHEDULE) $ 0.00 NET AMOUNT EARNED TO DATE $ 1,016,870.89 LESS AMOUNT OF RETAINAGE $ 0.00 SUBTOTAL $ 1,016,870.89 LESS PREVIOUS PAYMENTS $ 966,027.35 AMOUNT DUE THIS APPLICATION $ 50,843.54 CONTRACTOR's Certification: The undersigned CONTRACTOR certifies, to the best of its knowledge, the following: (1) All previous progress payments received from OWNER on account of Work done under the Contract have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment; (2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to OWNER at time of payment free and clear of all Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to OWNER indemnifying OWNER against any such Liens, security interest, or encumbrances); and (3) All Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. ❑ Required lien waivers attached. Dated: October 21, 2024 By By WRH, Inc. RACTOR (Authorized Sig Tim Williams (Print Name) Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated Oct 23, 2024 STRAND ASSOCIATES,.1- By (Authorized Signature) By Samuel Hocevar (Print Name) Initials 0C:\WRH WORKING DI RECTORY\JOB FILES\1419 WATERLOO CLARIFIER #3\PAY APPLICATIONS\PAY APP 1015 OCTOBER 2024\FORM AP5 - PAY APP 15 OCTOBER 2024. DOCX\102124 STRAND ASSOCIATES, INC®. 12/20 AP5 Page 47 of 292 Contractor's Applicati Application Period: October 1st thru October 30th To (Owner): City of Waterloo - Brian Bowman Project: Final Clarifier No. 3 Rehabilitation Owner's Contract No.: 1067 Application For Payment Change Order Summary From (Contractor): WRH, Inc. Address: PO Box 256 Amana, IA 52203 Contractor's Project No.: 2301-00-1419 Approved Change Orders Number Additions Deductions CO-1 RFC-3 $ 7,553.47 CO-1 RFC-2A $ 44,159.31 CO-2 $ 108,092.58 CO-3 RFC-8 $ 1,244.19 CO-3 RFC-9R $ 7,375.12 CO-3 RFC-10 $ 22,562.57 CO-4 RFC-11 $ 1,009.41 Totals $ 183,433.77 $ 8,562.88 NET CHANGE BY CHANGE ORDERS $174,870.89 CONTRACTORS CERTIFICATION The undersigned Contractor certifies that: (1) All prevoius progress payments received from owner an account of work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work coverd by prior Applications for Payment; (2) Title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner againstany such Liens, security interest or encumbrances); and (3) All Work covered by this Application for Payment is in accordance with the Contract documents and is not defective. By: gitn WWait o Date: Ucteheic 21) 2U24 on for Payment No. 15 Application Date: Monday, October 21, 2024 Via (Engineer): Strand Associates, Inc. Sam Hocevar, PE Address: 715 Mulberry St Waterloo, IA 50703 Engineer's Project No.: 4463.016 File No.: Contractor Invoice Number -- 1. ORIGINAL CONTRACT PRICE 2. Net change by Change Orders 3. CURRENT CONTRACT PRICE (Line 1+/- 2) 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate) 5. RETAINAGE: a. 0% x $1,016,870.89 Work Completed b. 5% x $0.00 Stored Material c. Total Retainage (Line 5a + Line 5b) 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c) 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application) 8. AMOUNT DUE THIS APPLICATION 9. BALANCE TO FINISH, PLUS RETAINAGE (Column I on Progress Estimate + Line 5 above) $ 842,000.00 $ 174,870.89 $ 1,016,870.89 $ 1,016,870.89 $ $ 1,016,870.89 $ 966,027.35 $ 50,843.54 $ Payment of: $ 50,843.54 (Line 8 or other - attach explanation of other amount) is recommended by: (Engineer) (Date) Payment of: $ 50,843.54 (Line 8 or other - attach explanation of other amount) is approved by: Approved by: (Owner) (Date) Funding Agency (if applicable) (Date) Page 48 of 292 Progress Estimate - Lump Sum Work Contractor's Application For (contract): Project: Final Clarifier No. 3 Rehabilitation Application Number: 15 Application Period: October 1st thru October 30th Application Date: Monday, October 21, 2024 A B C D E F G Specification Section No. Description of Work P Scheduled Value Work Completed Materials Being Stored (not in C or D) Total Completed and Stored to Date percent Complete Balance to Finish From Previous Application This Period Division 1 - General Requirements $ 133,500.00 $ 133,500.00 $ - $ - $ 133,500.00 100.000/o $ - 01 31 00 Coordination, Field Engineering, and Meetings Bonds, Permits & Insurance $ 35,000.00 $ 35,000.00 $ - $ 35,000.00 100.00% $ - Mobilization $ 15,000.00 $ 15,000.00 $ - $ 15,000.00 100.00% $ - Project Management $ 10,000.00 $ 10,000.00 $ - $ 10,000.00 100.00% $ - Safety $ 5,000.00 $ 5,000.00 $ - $ 5,000.00 100.000/0 $ - 01 33 00 Submittals Procurement $ 6,000.00 $ 6,000.00 $ - $ 6,000.00 100.00% $ - 01 45 00 Quality Control Field Superintendent $ 15,000.00 $ 15,000.00 $ - $ 15,000.00 100.000/0 $ - Material Testing $ 5,000.00 $ 5,000.00 $ - $ 5,000.00 100.00% $ - 01 50 00 Temporary Facilities Portable Toilet $ 3,000.00 $ 3,000.00 $ - $ 3,000.00 100.000/0 $ - Refuse Collection $ 3,500.00 $ 3,500.00 $ - $ 3,500.00 100.00% $ - Temporary Electric $ 25,000.00 $ 25,000.00 $ - $ 25,000.00 100.00% $ - Construction Sign $ 3,000.00 $ 3,000.00 $ - $ 3,000.00 100.00% $ - 01 52 13 Field Offices and Sheds Contractor Storage and Offices $ 2,500.00 $ 2,500.00 $ - $ 2,500.00 100.00% $ - 01 57 00 Temporary Controls Erosion Control $ 2,000.00 $ 2,000.00 $ - $ 2,000.00 100.00% $ - 01 91 00 Starting of Systems Labor $ 3,500.00 $ 3,500.00 $ - $ 3,500.00 100.00% $ - Division 2 - Site Work $ 70,000.00 $ 70,000.00 $ - $ - $ 70,000.00 100.00% $ - 02 41 00 Demolition Electrical Disconnection/Reconnect $ 10,000.00 $ 10,000.00 $ - $ 10,000.00 100.00% $ - Remove Concrete Topping $ 35,000.00 $ 35,000.00 $ - $ 35,000.00 100.00% $ - Remove Pressure Relief Valves $ 25,000.00 $ 25,000.00 $ - $ 25,000.00 100.00% $ - Division 3 - Concrete $ 106,500.00 $ 106,500.00 $ - $ - $ 106,500.00 100.000/o $ - 03 01 30 Concrete Repair Base Slab Surface Repairs +/- 3" - 10 CF Allowance #1 ( $9 $ - $ $ - Full Depth Base Slab Rem./Repl - 20 Y Allowance #2 ( $32 $ - $ - $ - 03 30 00 Cast -In -Place Concrete Concrete Materials $ 20,000.00 $ 20,000.00 $ - $ 20,000.00 100.00% $ - Concrete Labor $ 30,000.00 $ 30,000.00 $ - $ 30,000.00 100.00% $ - Hydrophilic Waterstop Materials $ 3,500.00 $ 3,500.00 $ - $ 3,500.00 100.00% $ - Hydrophilic Waterstop Labor $ 4,000.00 $ 4,000.00 $ - $ 4,000.00 100.000/0 $ - Bonding Agent Materials and Labor $ 9,000.00 $ 9,000.00 $ - $ 9,000.00 100.000/0 $ - Pour PRV Replacements Labor and Materials $ 40,000.00 $ 40,000.00 $ - $ 40,000.00 100.00°/0 $ - 03 64 00 Crack Repairs Chemical Injection - 100 LF Allowance #3 ( $10k) $ - $ - $ - Page 49 of 292 Progress Estimate - Lump Sum Work Contractor's Application For (contract): Project: Final Clarifier No. 3 Rehabilitation Application Number: 15 Application Period: October 1st thru October 30th Application Date: Monday, October 21, 2024 A B C D E F G Specification Section No. Description of Work Scheduled Value Work Completed Materials Being Stored (not in C or D) Total Completed and Stored to Date percent Complete Balance to Finish From Previous Application This Period Division 9 - Finishes $ 175,000.00 $ 175,000.00 $ - $ - $ 175,000.00 100.00% $ - 09 91 00 Painting Labor Materials $ 175,000.00 $ 175,000.00 $ - $ 175,000.00 100.00% $ - and Division 31 - Earthwork $ 128,500.00 $ 128,500.00 $ - $ - $ 128,500.00 100.00% $ - Dewatering 31 23 19 Labor Equipment $ 125,000.00 $ 125,000.00 $ $ 125,000.00 100.00% $ and 31 32 19 Geotextiles Labor Materials $ 3,500.00 $ 3,500.00 $ - $ 3,500.00 100.00°/u $ - PRV and 46 - Water and Wastewater Equipment $ 177,500.00 $ 177,500.00 $ - $ - $ 177,500.00 100.00% $ - Division Final Clarifier Equipment Inspection and Repair 46 43 22 Washing Prior to Inspection $ 7,500.00 $ 7,500.00 $ - $ 7,500.00 100.00% $ Pressure Clarifier Truss Repair - Allowance #4 $ 5,000.00 $ 5,000.00 $ - $ 5,000.00 100.00% $ Clarifier Mechanism Repairs - Allowance #5 $ 50,000.00 $ 50,000.00 $ - $ 50,000.00 100.00% $ Clarifier Inspection $ 25,000.00 $ 25,000.00 $ - $ 25,000.00 100.000/0 $ Clarifier Rehab $ 90,000.00 $ 90,000.00 $ - $ 90,000.00 100.00% $ $ $ - $ - Approved Change Orders $ 225,870.89 $ 197,515.14 $ 28,355.75 $ - $ 225,870.89 0.000/0 $ - Delete Clarifier Motor Replacement $ (7,553.47) $ (7,553.47) $ - $ (7,553.47) 100.00% $ _ CO-1 RFC-3 Replacement of Sluice Gate G-5-11-2 $ 44,159.31 $ 14,215.93 $ 29,943.38 $ 44,159.31 100.00% $ CO-1 RFC-2A Add Use owner provided Skimmer Arm. Add replacement of arm wiper blade $ (6,553.80) $ - $ (6,553.80) $ (6,553.80) 100.000/0 $ CO-2 RFC-4 existing skimmer Allowance adjustment, floor repair, skimmer blade Clarifier Equipment Repair $ 159,670.80 $ 159,670.80 $ - $ 159,670.80 100.00% $ CO-2 RFC-5R2 materials, Manifold Seal Repair Plates $ 5,975.58 $ - $ 5,975.58 $ 5,975.58 100.00% $ CO-2 RFC-6 Unitube Header Wall Clearance $ 1,244.19 $ 1,244.19 $ - $ 1,244.19 100.00% $ CO-3 RFC-8 Plates in Influent Well $ 7,375.12 $ 7,375.12 $ - $ 7,375.12 100.00°/0 $ CO-3 RFC-9R Mend 8 Pressure Releif Valves $ 22,562.57 $ 22,562.57 $ - $ 22,562.57 100.000/0 $ CO-3 RFC-10 Additional during dewatering process $ (1,009.41) $ (1,009.41) $ (1,009.41) 100.00% $ CO-4 RFC-11 Electrical service usage $ $ - $ $ TOTAL $ 1,016,870.89 $ 988,515.14 $ 28,355.75 $ - $ 1,016,870.89 100.00% $ - Page 50 of 292 MAINTENANCE BOND ALL MEN BY THESE PRESENTS: Bond No. 100120893 That, WRH, Inc. of Amana, IA as Principal, and the Merchants Bonding Company (Mutual) as Surety, are held and firmly bound unto City of Waterloo, Iowa in the penal sum of One Million Sixteen Thousand Eight Hundred Seventy & 891100 ($ 1,016,870.89 Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas the said Principal entered into a certain contract, with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, Contract No. 1067 in waterloo, IA In conformity with certain specifications; and Whereas a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from date of acceptance of the work under said contract; and Whereas the said Merchants Bonding Company (Mutual) for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of two (2) years from the date of date of acceptance of the work under said contract, by reason of had workmanship or poor material used in the construction of said work and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise, to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this 21st day of October , 2024 WRH, Inc. Principal By: Merchants Bonding Company (Mutual) Surety B Jamie,Gifford i P.O. Box 14498 Address Des Moines, IA 50306-3498 } o1,o►ric coy1A . -a- 013• y-in 'act �•`�'d • 1933 ry; Page 51 of 292 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Alissa Cahalan; Anne Crowner; Austin Muehlschlegel; Bailey Beach; Ben Williams; Brian J Oestreich; Brian M Deimerly; Cameron M Burt; Colby D White; Craig E Hansen; D Gregory Stilts; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Dickinson; Grace Rasmussen; Graydon Dotson; Greg Krier; Jamie Gifford; Jay D Freiermuth; Jennifer Marino; Jessica Jean Rini; Jessie Allen; Joe Tiernan; John Cord; Joseph Cardinal; Joshua R Loftis; Kate Zanders; Keeton Welch; Kristine M Becks; Mark R DeWitt; Mark Sweigart; Mary Ashley Allen; Melinda C Blodgett; Michelle Morrison; Michelle R Gruis; Nathan Weaver; Nicole Stillings; R C Bowman; Rachel Thomas; Sandra M Engstrum; Sara Huston; Sarah C Brown; Seth D Rooker; Taylor Fogle; Ted Jorgensen; Tim McCulloh; Todd Bengford COUNTY OF DALLAS ss. On this 27th day of August 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Departrnent of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27th day of August 2024 -11©N. C •�O�N� ilf • . .• RP Opp p•, • O RPoq °q'. c2GD �4pv..y• .�.�O Q: -O- 0.0. .F.- ? -0- p: 2003 ; % y 1933 a By STATE OFIOWA •4' • *..• •.•• •IN1..... .... • • •. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. dfb/a MERCHANTS NATIONAL INDEMNITY COMPANY President Q.12 11�I/4 IOWA s Penni Miller Commission Number 787952 • My Commission Expires January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. En Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 21 st day of October y....n.•.••• .•'•w--•••• +•`"•�10 144 ••.,• •• %NG Co:.. ht� a ,o• � 3).04• .c- o o/aPOR 9•. iv ; 2003 .co: : ,1933 :cti• :•mod ./.���;'+ •.• i, . •c.v... Secretary , 2024 . POA 0018 (6/24) Page 52 of 292- ARAIA Document G7O7TM-1994 Consent Of Surety to Final Payment Bond No: 100120893 PROJECT: (ATame and address) F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, Contract No. 1067, Waterloo, Iowa TO OWNER: (Name and address) City of Waterloo, Iowa 715 Mulberry Street, Waterloo, IA 50703 ARCHITECT'S PROJECT NUMBER: CONTRACT FOR: General Construction CONTRACT DATED: OWNER: F7 ARCHITECT: CONTRACTOR: P SURETY:[ — OTHER: fl In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) Merchants Bonding Company (Mutual) P.O. Box 14498 Des Moines, IA 50306-3498 SURETY, on bond of (Insert name and address of Contractor) WRH, Inc. P. O. Box 256 Amana, IA 52203 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that Final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: October 21, 2024 (Insert in writing the month followed by the numeric date and year.) o,0}NG ep4 .a: -0^ 03• • •a. 1933 1 : •,dam . `1a: Merchants Bonding Company (Mutual) (Syr• , OWNER, a gnature o authorized repres ni ive) 0.4444-42 Jamie Gifford, Attorney -in -Fact (Printed name and title) AIA Document G707TM —1994. Copyright © 1982 and 1994 by The American protected by U.S. Copyright Law and International Treaties. Unauthorized result in severe civil and criminal penalties, and will be prosecuted to the institute of Architects. All rights reserved. WARNING: This AIA5 Document is reproduction or distribution of this Ale Document, or any portion of it, may maximum extent possible under the law. User Notes: (1466710072) Page 53 of 292 MERCHAN-i BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively called the 'Companies") do hereby make, constitute and appoint, individually, Alissa Cahalan; Anne Crowner; Austin Muehlschlegel; Bailey Beach; Ben Williams; Brian J Oestreich; Brian M Deimerly; Cameron M Burt; Colby D White; Craig E Hansen; D Gregory Stilts; Diane R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Dickinson; Grace Rasmussen; Graydon Dotson; Greg Krier; Jamie Gifford; Jay D Freiermuth; Jennifer Marino; Jessica Jean Rini; Jessie Allen; Joe Tiernan; John Cord; Joseph Cardinal; Joshua R Loftis; Kate Zanders; Keeton Welch; Kristine M Becks; Mark R DeWitt; Mark Sweigart; Mary Ashley Allen; Melinda C Blodgett; Michelle Morrison; Michelle R Gruis; Nathan Weaver; Nicole Stillings; R C Bowman; Rachel Thomas; Sandra M Engstrum; Sara Huston; Sarah C Brown; Seth D Rooker; Taylor Fogle; Ted Jorgensen; Tim McCulloh; Todd Bengford their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27th day of August . 2024 • �,.•' AZIO N 4 •d o sv�~ 2003 •;,.s, .:0 �- , STATE OF IOWA •••k * �+'`� COUNTY OF DALLAS ss. .••""""s� • *,,ANG Cp4 •94tY' FOA.•A9. :ti 2 -0-• cll. • : • 1933 cr. C; By • .�. ate: MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. dlb/a MERCHANTS NATIONAL INDEMNITY COMPANY President On this 27th day of August 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. hP¢tA<s Penni Miller a ^ Commission Number 787952 Z u��t3 r • •,• • • • My Commission Expires IOWA January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 21st day of October ....Alb:r'g10Np�••.•�• •••VW .Q4lo•. 'RPO/pq �O : • • �O,•ORP0g9.9y 7Z O- OtG; .�:•_ -0- �. • • etiv':2003 :�0 : y 1933 .' c: • •may. :ty'. : ��: . vd. •••3�y' .........: �4,, .•dW t, • \\.• . •...... . POA 0018 (6124) `"""'•} Secretary , 2024 • Page 54 of-292— WRH, Inc. October 21, 2024 Mr. Sam Hocevar Strand Associates, Inc. 910 West Wingra Drive Madison, Wisconsin 53715 Re: Waterloo — FY 2023 Wastewater Treatment Plant Final Clarifier #3 Rehabilitation Project Acceptance Hello Sam, I have been informed that the FY 2023 Wastewater Treatment Plant Final Clarifier #3 Rehabilitation project is complete, completely functional, and under the control of the City of Waterloo staff. All punch list items have been completed. Record Drawings, Warranty, and Operation & Maintenance Documents have been delivered to your office. Notice of Request for Retainage Release has been sent to all subcontractors and suppliers. The Maintenance Bond and Consent of Surety will be delivered to Waterloo this week. Please provide the specific person to whom I should deliver these documents. At this time, I am officially requesting that the City of Waterloo accept the project and proceed to release retainage. Should you have any issues, please give me a call. Tim Williams Project Manager WRH, Inc. Cc: Brian Bowman — City of Waterloo Kyle Beth - Strand WRH, Inc. • PO Box 256, Amana, Iowa 52203 • 1648 T Avenue South Amana, IA 52203 Office: 319-622-3816 • Fax: 319-622-6095 • www.wrhconstruction.com • info@wendlerinc.com Page 55 of 292 SUMMARY SHEET (Use with AP2 or AP3) APPLICATION FOR PAYMENT OWNER: City of Waterloo PROJECT: Final Clarifier No. 3 Rehabilitation CONTRACTOR: WRH, Inc. CONTRACT: 1067 FOR PERIOD ENDING: September 30, 2024 PAYMENT APPLICATION DATE: October 21, 2024 PAYMENT APPLICATION NO.: 15 CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT PLUS: ADDITIONS TO THE CONTRACT LESS: DEDUCTIONS FROM THE CONTRACT ADJUSTED CONTRACT AMOUNT TO DATE WORK PERFORMED $ 842,000.00 $ 183,433.77 $ 8,562.88 $ 1,016,870.89 COST OF WORK COMPLETED $ 1,016,870.89 PLUS MATERIALS STORED (ATTACH SCHEDULE) $ 0.00 NET AMOUNT EARNED TO DATE $ 1,016,870.89 LESS AMOUNT OF RETAINAGE $ 0.00 SUBTOTAL $ 1,016,870.89 LESS PREVIOUS PAYMENTS $ 966,027.35 AMOUNT DUE THIS APPLICATION $ 50,843.54 CONTRACTOR's Certification: The undersigned CONTRACTOR certifies, to the best of its knowledge, the following: (1) All previous progress payments received from OWNER on account of Work done under the Contract have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment; (2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to OWNER at time of payment free and clear of all Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to OWNER indemnifying OWNER against any such Liens, security interest, or encumbrances); and (3) All Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. ❑ Required lien waivers attached. Dated: October 21, 2024 By By WRH, Inc. RACTOR (Authorized Sig Tim Williams (Print Name) Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated STRAND ASSOCIATES, INC.° By (Authorized Signature) By (Print Name) Initials 0C:\WRH WORKING DI RECTORY\JOB FILES\1419 WATERLOO CLARIFIER #3\PAY APPLICATIONS\PAY APP 1015 OCTOBER 2024\FORM AP5 - PAY APP 15 OCTOBER 2024. DOCX\102124 STRAND ASSOCIATES, INC®. 12/20 AP5 Page 56 of 292 e a O. YI 0 IC L 0 U Application Date: Application Period: Address: PO City of Waterloo - Brian Bowman cu c 0 O 1- Contractor Invoice Number 0 O 0 O O N co lid 1. ORIGINAL CONTRACT PRICE o oo 0 N co N rl 4. TOTAL COMPLETED AND STORED TO DATE 1,016,870.89 (Column F on Progress Estimate) 5. RETAINAGE: a) 0) a E O U O rn (b 0 N co 0 Stored Material O O X X Oo O in rci _D Ln a) c J (0 Ln J cu (0 c .(0 a) rY To 0 1- U rn oo 0 N co O 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c) Ln en N N O 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application) Ln cf.) ap O In 8. AMOUNT DUE THIS APPLICATION 9. BALANCE TO FINISH, PLUS RETAINAGE C E O 0 U c 0 E a) i 167 0 O 113 v L a0 a) 0 0 (v c J is recommended by: 0) v m w O 0 a) a. (a 0 E (D Cr.) L 0 0 0 CO fa a 0) a) L (11 (0 11) r 0 0 CO c J is approved by: 0) CO 0 0) 0 Approved by: 0) 0 Funding Agency (if applicable) Approved Change Orders Deductions $ 7,553.47 CT o CV Ln co $174,870.89 !CONTRACTORS CERTIFICATION The undersigned Contractor certifies that: (1) All prevoius progress payments received from owner an account of work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work coverd by prior Applications for Payment; (2) Title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner againstany such Liens, security interest or encumbrances); and (3) All Work covered by this Application for Payment is in accordance with the Contract documents and is not defective. Cbq rl ('n $ 108,092.58 Cr) ,--I N ,--I $ 22,562.57 1 N N a) Cr; tj Ln M f6 0 -I N cf 7 `-' d- of r-1 I-- M co Q Number I CO-1 RFC-3 1 CO-1 RFC-2A N CO-3 RFC-8 CO-3 RFC-9R CO-3 RFC-10 CO-4 RFC-11 O NET CI CHANGI L7 U 0 Page 57 of 292 Contractor's Application 0 E a E J f0 E to (A w 0 a C Monday, October 21, 1U14 F G Balance to Finish Vr 0 Ui iH Vf HF iPr 0 0 0- iPr W 0 0-0- +n- 4/1-# 0- 0 0 Percent Complete G 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 0 0 a 0 0 0 0 1 100.00% 100.00% 0 0 0 0 0 0 0 0 O O 0 O 0000 O 00 0000 O O 00 O 00, 000000 ,,,,0,1 D o 0 06 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 O O .-1 .-1 O O .y .-1 O ,ti O O ti O ti O O ti .y O .i O ,.i O .ti O ,ti 0 o O .-( , I 0 .-1 0 0 .-1 .� 0 0 .� 0 ,-i Total Completed and Stored to Date $ 133,500.00 O o $ 10,000.00 $ 5,000.00 O o $ 5,000.00 $ 3,000.00 $ 3,500.00 $ 25,000.00 $ 3,000.00 O O O $ 70,000.00 o o I$ 25,000.00 $ 106,500.00 O 1 $ 30,000.00 $ 3,500.00 0 0 0 O O O O O O O O O O 0 0 0 O O O O O O O O O O O O O O O O O Ir1 tri M ,- 1 O O VD O O In .- O 1 r 1 N O O N O I f l M O O O O O LriM O O O O O O O d' 01 O O O a 41- y} y} y} H} M V+ Hf iH +1f-fA- Vf 0 fPr t HR Application Number: Application Date: E Materials Being Stored (not in C or D) ilf Project: Final Clarifier No. 3 Rehabilitation October 1st thru October 30th B 1 C D Work Completed From Previous This Period Application Yl y} U- M 0- V} 41- * 0 M W 0. U} V} 0 in W 0-:Pr in- [H 0 VI :R 0 0 0 41- #Pr 0 0 $ 35,000.00 $ 15,000.00 $ 10,000.00 $ 5,000.00 0 0 0 0 0 $ 3,000.00 $ 3,500.00 $ 25,000.00 0 0 0 0 0 0 0 0 $ 70,000.00 $ 10,000.00 $ 35,000.00 $ 25,000.00 $ 106,500.00 0 o $ 30,000.00 $ 3,500.00 $ 4,000.00 $ 9,000.00 $ 40,000.00 0 O O O O O O O O 0 0 O O O Irl O 111 O M ri 1 tlf tD +R ..--1 +A- 0 pi (h HI N 0 (-V W (hin {R N +f} Scheduled Value $ 35,000.00 $ 15,000.00 $ 10,000.00 $ 5,000.00 0 0 $ 5,000.00 $ 3,000.00 $ 3,500.00 $ 25,000.00 0 0 $ 2,000.00 $ 3,500.00 0 0 0 $ 25,000.00 $ 106,500.00 0 $ 30,000.00 $ 3,500.00 $ 4,000.00 $ 9,000.00 1 $ 40,000.00 0 0 O O O O 0 0 0 0 1 0' 0 f9 M •1 iR O oo l0 iR O 00 - tR O 0 ni tR O Vol N 49- C 0 0. n - * O O O O O tri n-, w ' k 1 N O O !q N For (contract): Application Period: A Description of Work Division 1 - General Requirements Coordination Field Engineering and Meetinos Bonds, Permits & Insurance Mobilization Project Management Safety vV✓Procurement Material Testing Temporary Facilities Portable Toilet Refuse Collection Temporary Electric Construction Sign Field Offices and Sheds Contractor Stnraae and Offices Erosion Control Starting of Systems Iohnr 0 m Electrical Disconnection/Reconnect Remove Concrete Topping Remove Pressure Relief Valves Division 3 - Concrete Concrete Repair Roo Slab Surface Repairs +/- 3" - 10 CF Allowance #1 ( $S Full Depth Base Slab Rem./Repl - 20 Y Allowance #2 ( $32 Cast -In -Place Concrete Concrete Materials Concrete Labor Hydrophilic Waterston Materials Hydrophilic Waterstop Labor Bonding Anent Materials and Labor Pour PRV Replacements Labor and Materials Crack Repairs Chemical Injection - 100 LF Allowance #3 ( $10k) N a C a c a 1 v c C 0 > ..... c o V L t UL ;a i o c c c � t v j LL O' a ti a 0 Specification Section No. O O 01 45 00 O r1 O 0 0 03 01 30 03 30 00 03 64 00 M M O�N 0 7 N 0 O O O O O Page 58 of 292 Contractor's Application 0 E 0. 4.4 E �4 a W G7 En 0 a a N O N .-i N in-0 , y +2 , Balance to Finish Vt iPr iN' y} y} d} EA- iPr iA iPr +A d% +A VR +A W V# iPr +Pr y} +Pr $ $ 1,016,870.89 I 100.00% $ - Percent Complete ' p do O O .+ 0 p p p 0 O O O .I o o o O O .+ o .-I p O p 0, O O O 0 0 00000 O 0 .-I 0 o o .-I .i 0 0 ua 0 6 6 0 0 .+ r, 0 0 o 0 0.00% 100.00% 0 O 6 o ,y 0 co, o 6 O .-I 0 0 000000 0 O .1 0 0 0 0 0 0 6 0 O o .-I .+ .-1 0 0 6 6 o o .+ 0 0 0 o - rum wa F Total Completed and Stored to Date $ 175,000.00 00 00 O O O O N .^+ N ri iA i/} O O O 0 n .Ni 4.4 In 00 O O O O O M n P ri V} 'VI- O 1 O 00 In N. iA $ 5 000.00 $ 50 000.00 25 000.00 90 000.00 225 870.89 • 7 553.47 44 159.31 O o M ul 1.0 1-0 +Pr o CO O N 10 O V7 . iPr a0 a1 Ln .i .-I 1n a Ln N a I, 01 N In .i I� W +Pr +A N If IA Na; tD M ul N N H} .1 d' I 0 O r1 `-' - f - I I - iPr Application Number: Application Date: E Materials Being Stored (not in C or D) Project: Final Clarifier No. 3 Rehabilitation October 1st thru October 30th B I C I D Work Completed From Previous This Period Application iR 4A * iPr +A iR +Pr iPr VR +A i!i 28 355.75 29 943.38 CO of u V} iPr $ 5,975.58 iA i - i1 a of O ri +A $ 28,355.75 00'000 SZT $ 00'00S 8ZT 00'000 SLT 00'000 SCE 3 500.00 $ 177 500.00 o cn ntn +A $ 5 000.00 $ 50 000.00 25 000.00 90 000.00 197 515.14 7 553.47 • 14 215.93 +A 03 0 l0 0 cn .i 49- 1 244.19 7 375.12 $ 22,562.57 ri 1-1 in o 03 el * Scheduled Value p O O in P .4 * 0 p O 0 0 p 0 N �D ,1 N ri iA iR O O O OO N r, . Op Op O a Lnn 0 M n n ri V} * 000 000 O inc n� . O W 50,000.00 25 000.00 90 000.00 225 870.89 7 553.47 $ 44,159.31 o n) uc1 O U} CO 0 r. rn '+ +A 5 975.58 1 244.19 7 375.12 $ 22,562.57 a a; O . V} $ 1,016,870.89 @ c O L2L o c c •V7 a ¢ o n a) p 'u. G ,N C I-, a ' M c m Y Z c 0 p `J° W c °, S. m'JJ 3 o a 0 = O .a.�Ua000O a) C7 c N W yaca@ 10 .I, m v ro a�•+ m @ I@` O .oavv~F @ J co O 0. u c °- CT a L W c V� O p @ a 3 O' a @ 4_.w co # a) c G a ce E c N O u ti a) a) w a ar a a) 4... � i E ,cp CA n: C L o 'O 0`'aa))o.E,av�m,nwa) _ ,`p aU Q 23 N ,I, t.-Itl 6 y ? Ln a) 0 O. w� a) -o o¢D o c E U @ a 1- -0 Q E° ¢` m Y 3 Ln E c @Eva > o E . 2 c CT ° c, v01i ' aa))¢ -o @ a N E E Y 0 cT . o ' O .` v a) Vl V —� C 3 a) ° a a V Q. @ v In W @ a @ @ c EZMZ¢W w m coe N d n..L a@+ @ •— cv 0 -o O a CP N al o @ U 0 c@ ` u v J 1- Specification Section No. nn m nn rn .-I M N 0 ,y N M 46 43 22 CO-1 RFC-3 CO-1 RFC-2A CO-2 RFC-4 CO-2 RFC-5R2 CO-2 RFC-6 CO-3 RFC-8 CO-3 RFC-9R CO-3 RFC-10 CO-4 RFC-11 o Page 59 of 292 MAINTENANCE BOND ALL MEN BY THESE PRESENTS: Bond No. 100120893 That, WRH, Inc. of Amana, IA as Principal, and the Merchants Bonding Company (Mutual) as Surety, are held and firmly bound unto City of Waterloo, Iowa in the penal sum of One Million Sixteen Thousand Eight Hundred Seventy & 891100 ($ 1,016,870.89 Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas the said Principal entered into a certain contract, with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, Contract No. 1067 in waterloo, IA In conformity with certain specifications; and Whereas a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from date of acceptance of the work under said contract; and Whereas the said Merchants Bonding Company (Mutual) for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of two (2) years from the date of date of acceptance of the work under said contract, by reason of had workmanship or poor material used in the construction of said work and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise, to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this 21st day of October , 2024 WRH, Inc. Principal By: Merchants Bonding Company (Mutual) Surety B Jamie,Gifford i P.O. Box 14498 Address Des Moines, IA 50306-3498 } o1,o►ric coy1A . -a- 013• y-in 'act �•`�'d • 1933 ry; Page 60 of 292 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Alissa Cahalan; Anne Crowner; Austin Muehlschlegel; Bailey Beach; Ben Williams; Brian J Oestreich; Brian M Deimerly; Cameron M Burt; Colby D White; Craig E Hansen; D Gregory Stilts; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Dickinson; Grace Rasmussen; Graydon Dotson; Greg Krier; Jamie Gifford; Jay D Freiermuth; Jennifer Marino; Jessica Jean Rini; Jessie Allen; Joe Tiernan; John Cord; Joseph Cardinal; Joshua R Loftis; Kate Zanders; Keeton Welch; Kristine M Becks; Mark R DeWitt; Mark Sweigart; Mary Ashley Allen; Melinda C Blodgett; Michelle Morrison; Michelle R Gruis; Nathan Weaver; Nicole Stillings; R C Bowman; Rachel Thomas; Sandra M Engstrum; Sara Huston; Sarah C Brown; Seth D Rooker; Taylor Fogle; Ted Jorgensen; Tim McCulloh; Todd Bengford COUNTY OF DALLAS ss. On this 27th day of August 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Departrnent of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27th day of August 2024 -11©N. C •�O�N� ilf • . .• RP Opp p•, • O RPoq °q'. c2GD �4pv..y• .�.�O Q: -O- 0.0. .F.- ? -0- p: 2003 ; % y 1933 a By STATE OFIOWA •4' • *..• •.•• •IN1..... .... • • •. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. dfb/a MERCHANTS NATIONAL INDEMNITY COMPANY President Q.12 11�I/4 IOWA s Penni Miller Commission Number 787952 • My Commission Expires January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. En Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 21 st day of October y....n.•.••• .•'•w--•••• +•`"•�10 144 ••.,• •• %NG Co:.. ht� a ,o• � 3).04• .c- o o/aPOR 9•. iv ; 2003 .co: : ,1933 :cti• :•mod ./.���;'+ •.• i, . •c.v... Secretary , 2024 . POA 0018 (6/24) rage 61 of 292 ARAIA Document G7O7TM-1994 Consent Of Surety to Final Payment Bond No: 100120893 PROJECT: (ATame and address) F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, Contract No. 1067, Waterloo, Iowa TO OWNER: (Name and address) City of Waterloo, Iowa 715 Mulberry Street, Waterloo, IA 50703 ARCHITECT'S PROJECT NUMBER: CONTRACT FOR: General Construction CONTRACT DATED: OWNER: F7 ARCHITECT: CONTRACTOR: P SURETY:[ — OTHER: fl In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) Merchants Bonding Company (Mutual) P.O. Box 14498 Des Moines, IA 50306-3498 SURETY, on bond of (Insert name and address of Contractor) WRH, Inc. P. O. Box 256 Amana, IA 52203 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that Final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: October 21, 2024 (Insert in writing the month followed by the numeric date and year.) o,0}NG ep4 .a: -0^ 03• • •a. 1933 1 : •,dam . `1a: Merchants Bonding Company (Mutual) (Syr• , OWNER, a gnature o authorized repres ni ive) 0.4444-42 Jamie Gifford, Attorney -in -Fact (Printed name and title) AIA Document G707TM —1994. Copyright © 1982 and 1994 by The American protected by U.S. Copyright Law and International Treaties. Unauthorized result in severe civil and criminal penalties, and will be prosecuted to the institute of Architects. All rights reserved. WARNING: This AIA5 Document is reproduction or distribution of this Ale Document, or any portion of it, may maximum extent possible under the law. User Notes: (1466710072) Page 62 of 292 MERCHAN-i BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively called the 'Companies") do hereby make, constitute and appoint, individually, Alissa Cahalan; Anne Crowner; Austin Muehlschlegel; Bailey Beach; Ben Williams; Brian J Oestreich; Brian M Deimerly; Cameron M Burt; Colby D White; Craig E Hansen; D Gregory Stilts; Diane R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Dickinson; Grace Rasmussen; Graydon Dotson; Greg Krier; Jamie Gifford; Jay D Freiermuth; Jennifer Marino; Jessica Jean Rini; Jessie Allen; Joe Tiernan; John Cord; Joseph Cardinal; Joshua R Loftis; Kate Zanders; Keeton Welch; Kristine M Becks; Mark R DeWitt; Mark Sweigart; Mary Ashley Allen; Melinda C Blodgett; Michelle Morrison; Michelle R Gruis; Nathan Weaver; Nicole Stillings; R C Bowman; Rachel Thomas; Sandra M Engstrum; Sara Huston; Sarah C Brown; Seth D Rooker; Taylor Fogle; Ted Jorgensen; Tim McCulloh; Todd Bengford their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27th day of August . 2024 • �,.•' AZIO N 4 •d o sv�~ 2003 •;,.s, .:0 �- , STATE OF IOWA •••k * �+'`� COUNTY OF DALLAS ss. .••""""s� • *,,ANG Cp4 •94tY' FOA.•A9. :ti 2 -0- cll. • • : • 1933 cr. C; By • .�. ate: MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. dlb/a MERCHANTS NATIONAL INDEMNITY COMPANY President On this 27th day of August 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. hP¢tA<s Penni Miller a ^ Commission Number 787952 Z u��t3 r • •,• • • • My Commission Expires IOWA January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 21st day of October ....Alb: ''RPO/pq �O : • • �O,•ORP0g9.9y • 7Z O- OtG; .�:•_ -0- �. • • etiv':2003 :�0 : y 1933 .' c: • •may. :ty'. : ��: . vd. •••3�y' .........: �4,, .•dW t, • \\.• . •...... . POA 0018 (6124) `"""'�} Secretary , 2024 • age 63 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of $53,664.00, in conjunction with the FY 2025 Levee Rip Rap Spraying, Contract No. 1104, and receive and file a two- year maintenance bond. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 64 of 292 1. Maintenance Bond 1104 Page 65 of 292 MERCHANTS BONDING COMPANY,. MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498, DES MOINES, IA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That Landmark Turf Services, LLC Bond No. 101309783 of Dunkerton, IA as Principal, and the Merchants National Bonding, Inc. held and firmly bound unto the City of Waterloo fifty-three thousand six hundred sixty-four DOLLARS, lawful money of the United States of America, for the payment of made, the Principal and Surety bind themselves, their and each of their heirs, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 4th day of November WHEREAS, the Principal entered into a certain contract, dated the 4th day of November 2024 with the as Surety are in the penal sum of ( $$53,664.00 ) which, well and truly to be executors, administrators, 2024 to furnish all the material and labor necessary for the construction of FY 2025 Levee Rip Rap Spraying Contract No 1104 in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 2 years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Merchants National Bonding, Inc. for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo as aforesaid; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work, within the period of 2 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted. Any obligation beyond this shall be that of only the Principal. Approved By CON 0304 (2/15) Landmark Turf Services, LLC Principal By VC -- Merchants National Bonding, Inc. By L1,4+ Samantha Trost Attorney -in -Fact ••••'•. otN.p1NG Cp 1 ,: : � wow v' 3° • • t 7933 : C. • V' . `' •P ge•66 of 292 MERCHANTS BONDING COMPANY,,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the 'Companies") do hereby make, constitute and appoint, individually, Samantha Trost their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Atlomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." `The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 28th day of October , 2024 • +. wr w•• .' Cp,�•. +•�O oa P o,� -a•- .• y. 1933 : • STATE OF IOWA COUNTY OF DALLAS ss. On this 28th day of October 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. dtbla MERCHANTS NATIONAL INDEMNITY COMPANY 747/4, hii�'A4s Penni Miller z iitti, . Commission Number 787952 • .,n+i. • My Commission Expires tOWA January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this :oj7••'p,R�PoOvRqq�•°.p,+; ,4O..O$P0,9q.gi. .•OWN Cps•. '•�. .• A •. /.'b %''L. • A••046 j\ 2003 :;,0 : •, 1933 •' • a'•. ate •• 28th day of Secretary October 2024 - POA 0018 (6/24) Page 67 of 292 MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 • DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 • FAX: (515) 243-3854 ADDENDUM TO BOND This Addendum is in reference to the bond(s) to which it is attached. Merchants Bonding Company (Mutual) ("Merchants") deems the digital or electronic image of Merchants' corporate seal below affixed to the bond(s) to the same extent as if a raised corporate seal was physically stamped or impressed upon the bond(s). The digital or electronic seal below shall have the same force and effect as though manually fixed to the bond(s). All terms of the bond(s) remain the same. Signed and effective March 23, 2020. MERCHANTS BONDING COMPANY (MUTUAL) By: 7, Larry Taylor, President Page 68 of 292 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 8 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $0.00, in conjunction with the Waterloo Convention Center Restroom Renovation Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION A. CR 16: Adding 8 GFCI for the sinks - add $3,093.00 B. Reduce specified general allowance from $11,601.34 to $8,508.34. Contract sum remains unchanged. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 69 of 292 ATTACHMENTS 1. Change Order No. 8 - WCC Restroom Reno Page 70 of 292 Al Document G701° - 2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sullivan Brothers Convention Center - Contract For: General Construction Change Order Number: 008 Restroom Renovation 233 W 4th Street Date: Date: October 18, 2024 Waterloo, IA 50701 OWNER: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 ARCHITECT: (Name and address) I&S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 CONTRACTOR: (Name and address) Peters Construction Corporation 901 Black Hawk Road Waterloo, IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) CR 16: Adding 8 GFCI for the sinks ADD #3,093.09 REDUCE SPECIFIED GENERAL ALLOWANE FROM S11,601.34 TO $8,508.34. CONTRACT SUM REMAINS UNCHANGED. The original Contract Sum was $ 995,697.00 The net change by previously authorized Change Orders $ 6,038.00 The Contract Sum prior to this Change Order was $ 1,001,735.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 1,001,735.00 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be 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. MS Group, Inc. (ISO) ARCHITECT (Firm name) Peters Construction Corporation CON CTOR (Firm name) SIGNATURE SIGNATURE Nathan Cornptont Project Manager Bradley Best, President PRINTED NAME AND TITLE October 18, 2024 DATE PRINTED NAME AND TITLE Iojig124 DATE DATE City of Waterloo OWNER (Firm naine) SIGNATURE PRINTED NAME AND TITLE AIA Document G701 — 2017. Copyright 1979, 1987, 2000 , 2001 and 2017. All rights reserved. `The American Institute of Architects,"American Institute of Architects," "AIA," the AMA Logo, and 'MA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 12:51:26 ET on 10/1812024 under Order No.3104238598 which expires on 12/1212024, is not for resale, is licensed for ono -lima use only, and may only be used In accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiscontracts.com. User Notes: (3B9ADA4D) 1 Page 71 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Planning & Zoning Department November 4, 2024 AGENDA ITEM TITLE Motion approving the appointment of Adarsh Tummula from the current Civil Service List to the position of Planner I in the Community Planning and Development Department, effective November 18, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Signed PR Form PLANNER 18.2024 Page 72 of 292 PERSONNEL REQUISITION FORM Check as applicable: To start recruiting or civil service process and/or To fill a vacancy 0 Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Planner I Department: Planning & Zoning Reports To: Noel Anderson, Director Work Location: 715 Mulberry Street Employment Status: X Regular Full Time LJ Temporary Full Time from to El Regular Part Time Temporary Part Time from to Li Regular 7-Month D Intern/Co-op Student from to Type of Position: Civil Service Position: X Yes Bargaining Position: X Yes Bargaining Group: AFSCME Local 1195 Non -bargaining Position: Yes Recommended Recruitment Sources: 0 No 11 Internal Posting Only 0 No X Internal Posting and External Advertising x No Complete the following if the requisition is to fill a vacancy: El New Position or X Replacement Position for: Seth Hyberget- Planner 1 (Specify name and title of former incumbent) If replacement, former incumbent: X Retired/Resigned/Terminated 0 Transferred El Promoted Date incumbent terminated employment: 7/8/2024 Date of final payout: Anticipated start date: ASAP No. of hours/week: 40 Work schedule: Monday- Friday 8 a.m. — 5 p.rn. with one hour unpaid lunch Justification of need for position: This position is essential for the continued operation and workload of the Community Planning & Development Department What are the likely consequences if the position is not filled? If not filled, the cement staff will be overloaded with monthly and weekly agenda items, to the delrimen1 of proactive economic development, land use property rnanagement initiatives. APPROVALS Annual salary requirements: $64,251,20 Hourly Rate: $30,89 Benefits: 48.63/$101,145.43 wawa taxes, pension, health ins,- assuming family) Is position budgeted for this and future FYs? X Yes 0 No If no, how will position be funded? Approved subject to the allow onditions: 241 Submitting Department Head Date (Slayelt 7,00a4' 67) 08/08/2024 04:13 PM EDT Chief Financial Officer Date "Ra.41 Felot.550CNED 08/12/2024 01:39 PM EDT Human Resources Committee Chairperson Date Created 6/30/2017 Otteniia 08/08/2024 12:30 PM EDT Mayor Date LA-V,V, 3108/013/2024 03 09 PM EDT I hinan Resources Director Date Page 73 of 292 PERSONNEL REQUISITION The following questions are provided as guidelines to assist you in developing your rational for the position of Planner I in the Planning Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? This position will work to review and sign off on permits for City and County work per the Zoning and Subdivision Ordinance Guidelines. The staff will accept, prepare, review, and investigate necessary information for staff reports to the Planning Commission, Board of Adjustment, Historic Preservation Commission, Highway 218 Design Review Borad, and any other necessary boards or commissions. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. The amount of workload, office coverage, and applications and agenda items requires this position as other staff has additional duties for the department. (3) How is the work of this position being accomplished now? The duties of this position have been assigned to other staff. Other staff will continue to make sure the minimal amounts of all necessary actions are completed to keep us updated on applications to Planning Commission, variances to Board of Adjustment, ect. are met on a monthly basis. The stretching of so many duties will slow us down from practice economic development projects and activities, as well as necessary updates to TIF Districts, the Comprehensive Plan, Ordinances, etc. We will also need to update indexing of items for searches, Minutes, Resolutions, later after the position is filled. As these are record- keeping items that are necessary, but can wait if no other options. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. Staff is at high levels for the number of agenda items going through the Planning Commission, Board of Adjustment, Design Review Boards, staff to Main Street (# committees), Historic Preservation, as well as contracting for the Black Hawk County Duties. The division of Economic Development oriented staff and Planning Staff has also helped to achieve record highs in permits values, averaging $147.99 million over the last 3 years. Page 74 of 292 (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? The filling of this position will allow for us to continue to proactively work with businesses for expansion, new expansion attraction, and meet the needs of requests, applications, permits, and planning for the City of Waterloo to achieve its goals of growth, development; and redevelopment. (6) What cost savings or revenues, if any, would your department or'the City realize if this position is filled? This position allows us to continue to receive revenue from Black Hawk County for staffing their Board and Commission, and performing permits for them, as well as continuing to see high levels of permit fees and construction du to increased levels. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? We are not paying overtime. Comp time is awarded to Planner I's now, and they have been gaining it due to longer night meetings, etc. that can disrupt our normal staffflow due to larger amounts of absences. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. As previously noted, our division of duties has risen the level of permit activity from the goal of $100 million to reaching average of $147.99 million the last 3 years. The City continues to make great stride in shovel- ready and business and industrial park creation, which increases our buildability for the community. Many of these projects also take actions for rezoning, platting, site plan amendments, etc. so a majority of staff actions are required as these number stay high. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. As we are required by State Code on many zoning actions, and have normal monthly meetings on several agendas with turn -in times and deadlines, and do property acquisitions for sewer, road, etc. projects, we must continue to prioritize those types of requests on a monthly basis. The ability to get back to developers for potential project, economic development, and long range and master planning partnerships with private developers would suffer the Page 75 of 292 most, as well as the potential for other needed programs (property acquisitions) to go slower and slow down other departments projects. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? We work with staff to plan their vacation times to avoid specific deadline turn -in times for the month, etc. If necessary, we have other staff cover certain responsibilities (agenda preparation, staff reports, required mailings, etc.) for short periods of time. But if a staff person is responsible for the specific Commission, we work to avoid them being gone with the agendas and mailing have to go out, when the Commission meeting is held, etc. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No. Not only would it be inefficient, but it would be a concern for the confidentiality of work being performed at times for economic development. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? I would rank this position high. The performance of this position on the daily takss and smaller request continue to allow more experiences staff to perform higher duties that lead to the betterment of the community through tax base growth, job creation, construction activity, etc. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position helps with goals, 1, 2, 3, and 9 immediately through permits for new housing, helping with projects through the Planning Commission for economic development, working on potential trial or open space project approvals for quality of place actions, as well as Downtown development. Note: Forward completed questionnaire to Human Rena Department with original copy of Personnel Requisition updated job description. Page 76 of 292 Page 77 of 292 CITY OF yATERLOO CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION PLANNER I DEPARTMENT COMMUNITY PLANNING & DEVELOPMENT SALARY $30.89 HOURLY FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT AFSCME LOCAL #1195 GENERAL STATEMENT OF DUTIES Performs a wide range of assignments relating to housing, neighborhood revitalization, economic development, zoning, subdivision of land, the physical development of the City including capital improvements programming and various sections of the master plan, county zoning and agricultural preservation. The work is performed under the general direction of the City Planner or the Community Development Director, but considerable leeway is granted for the exercise of independent judgment and initiative. May supervise temporary employees or interns. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. In addition to daily operational responsibilities, each Planner I will be assigned to work any of the following: PLANNING & ZONING 1. Reviews subdivision plans for conformity with principles of good planning and land use practices in adjacent developments for compliance with subdivision and zoning regulations. 2. Conducts field surveys to determine land use. 3. Develops zoning and planning studies. 4. Advises members of the public who are seeking information concerning planning and zoning questions. 5. Researches, writes and submits reports dealing with major planning and zoning issues. 6. Works with a vast array of Federal and State projects, agencies and grants including but not limited to Certified Local Government, National Register of Historic Places, Brownfields funding, transportation funding, State Transportation Improvements Plan, census data, lowa Department of Economic Development, EPA and State Historic Preservation Office. 7. Provides assistance to the Planning, Programming & Zoning Commission, the Waterloo Board of Adjustment, the Highway 218 Design Review Board, the Complete Streets Advisory Committee, Main Street Board, Main Street Councils and the Historic Preservation Commission. Page 78 of 292 8. Provides assistance to the Black Hawk County Planning & Zoning Commission and the Black Hawk County Board of Adjustment. 9. Coordinates and monitors issues and responds to inquiries involving salvage yards. 10. Assists with Administration of all aspects of the Brownfields grant and redevelopment program. 11. Assists with economic development activities and projects, including RISE or other grants, residential, commercial and industrial programs for City (TIF, CURA, CLURA, WHIP, etc.), State (WHP, HQJC, etc.,) and Federal (New Market) and other economic development programs. 12. Coordinates and administers the Bus Bench Program. 13. Coordinates and administers the Planning Department approval of alcohol licensing. COMMUNITY DEVELOPMENT & HOUSING 1. Tracks and reports on Federal programs and develops housing planning studies. 2. Advises members of the public who are seeking information concerning neighborhood revitalization. 3. Researches, writes and submits reports dealing with major State and Federal assistance programs. 4. Provides assistance to the Community Development Board and the Waterloo Housing Authority. BOTH AREAS 1. Locates, selects and compiles basic data and prepares planning reports. 2. Prepares necessary maps, including utilization of Geographic Information System (GIS) software, line drawing charts, designs and layouts for City projects. 3. Assists in the collection, assembly, implementation and analysis of marketing data, strategies and plans. 4. Assists giving presentations on community planning projects. 5. Prepares grants for various outside funding entities. 6. Assists in the development and implementation of neighborhood planning initiatives. 7. Compiles reports, performs data entry and completes forms on personal computer using the applicable software, including Word, Excel and ArcGIS. 8. Works independently and with others with minimum supervision. 9. Attends work regularly at the designated place and time. 10. Performs all work duties and activities in accordance with City policies, procedures and City, OSHA and Community, Planning & Development safety rules and regulations. 11. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of the principles and practices of planning and zoning, affordable housing and neighborhood revitalization including basic techniques of statistics and design. 2. Ability to plan, assist and occasionally supervise the work of others as it relates to planning principles and practices. 3. Ability to plan projects and prepare related designs, plans, maps and cost estimates. 4. Ability to present materials and information in good report form, complete forms and perform required record keeping. 5. Skilled in use of personal computer, cartographic and drafting instruments and equipment, microfilm and general office equipment. 6. Ability to function with independent judgement and skills to plan, organize and implement activities Page 79 of 292 of the Community Planning & Development Department. 7. Ability to communicate orally and in writing and to read, analyze, record and interpret complex technical data, review materials on a variety of projects, present facts and findings clearly and concisely, give advice and recommendations and respond to questions from the public, public officials and coworkers. 8. Ability to communicate effectively and maintain working relationships with other City employees, supervisors, public officials, other governmental subdivisions and agencies and the public. 9. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Graduate of an accredited college or university with a bachelor's degree in urban planning, geography or related field (will accept candidates who have not yet completed their degree, but degree must be completed prior to hire); prefer minimum one year of experience in planning, housing, landscape architecture or related field. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. If operating a City vehicle must have an Iowa Driver's License and a good driving record based on the City of Waterloo driver performance criteria. A candidate with any of the following will be eliminated from operating a City vehicle: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or loss of driving privileges with a City vehicle may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; a combination of three or more at -fault accidents within a three year period. Applicant's driving record will be reviewed prior to an offer of employment. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to respond to questions from the public, public officials and coworkers in person or on the telephone and make oral presentations. 2. Sufficient personal mobility that permits the employee to safely operate a passenger vehicle, travel inside and outside in all weather, review development sites for rezoning or rehabilitation and attend meetings. 3. Sufficient vision and manual dexterity that permits the employee to operate a personal computer, use cartographic and drafting instruments, review plans and development or rehabilitation sites, handle files and perform other administrative and technical duties. Page 80 of 292 MISCELLANEOUS 1. The City of Waterloo reserves the right to require a physical examination, including a drug test, by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the job classification. 2. The City of Waterloo will conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 3. Must submit to and pass Civil Service examination procedures including an oral interview. WORK SCHEDULE Generally, 8:00 a.m. to 5:00 p.m. Monday through Friday with a one hour unpaid lunch although schedule may need to be adjusted based on meeting schedule. Must also be available for department or City activities or meetings that require the attendance of the Planner I. May be significant number of evening meetings. Limited overtime. EXAMINATION INFORMATION All qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on passing a background investigation on any applicant being considered for this position. ORAL EXAMINATION DATE Qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. PLANNER I AUGUST 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 81 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Interim Director, Leisure Services Leisure Services Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Richard Wagner from the current Civil Service list to the position of Construction Foreman in the Leisure Services Department, effective November 5, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. CONSTRUCTION FOREMAN 6.2024 Page 82 of 292 PERSONNEL REQUISITION FORM Check as applicable: X To start recruiting or civil service process and/or To till a vacancy r Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ********************************************************** Position Title Reports To: F,aol►tc �l"tc5lect,Manager Foreman Employment Status:. ►-1 Regular Full Time ❑ Regular Part Time 11j. Regular 7-Month ►1 *********************** Department: Leisure Services Work Location: Leisure Ser .ices,,. Temporary Full Time from to Temporary Part Time from to Intern/Co-op Student from to 1ypc l Posit i Revolittneltdoci %ec rultlt Lzti o r Civil ServiceP coition: ►D Yes j No e Internal Posting Only Bargaining Position: 11 Yes ❑ No ❑ Internal Posting and External Advertising Bargaining Group: Pill 111 Non -bargaining Position: ❑ Yes 0 No **************************.********************************** Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Larry Vogel, Construction Foreman (Specify name and title of former incumbent) If replacement, former incumbent: 11 Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 7/31/2024 Date of final payout: 8/9/2024 Anticipated start date: 8/1/2024 No. of hours/week: 40 Work schedule: 7-3:30 M-F Justification of need for position: The construction foreman is responsible for the day to day scheduling and on -site supervision of full and part-time employees on the construction crews. What are the likely consequences if the position is not filled? The Facilities/Project Manager would be taken away from other duty responsibities to oversee the construction crews on jobsites. APPROVALS Annual salary requirements: $74,984 Hourly Rate: $36.05 Is position budgeted for this and future FYs? 111 Yes ❑ No Approved subject to the following conditions: Benefits: 9 ✓'I • All 1191. 1 Q n. ian heap ins.- assuming family) taxes,pe s no, how will position be funded? Submitting Departmen IVU 'Sala SIDNd 06/17/2024 09:46 AM EDT Chief Financial Officer Ra.„9 Feu.ss Si d 06/17/202409:52 AM EDT Human Resources Committee Chairperson Date Date Querdin J- sisnm Mayor La.v1.L2 �tn.vun. sis o 06/13/2024 07:03 PM EDT 06/17/2024 09:41 AM EDT Human Resources Director Date Created 6/30/2017 Page_ 83 of 292 __ PERSONNEL REQUISITH)N The following questions- are provided as guidelines to assist you in developing your rational for the position of Construction Foreman in the LeisureServices Department, Depending upon your situationsome questions may or may not apply. Please provide written responses to these questions as part of your preixtration for meeting With the Mayor. (1) What are the key job responsibilities of this position? The construction Foreman is responsible jar the day to day scheduling and on -site supervision ofthe full and part-time employees on the construction crews. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. All other employees are being used to their !idlest potential. (3) How is the work of this position being accomplished now? The senior Park iliktintenance 11 is temporarily filling in for Construction Foreman leaving an opening at PMIL Those PM1I duties are not being completed causing a backlog of inspections and repairs. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Filling the position would allow for more timely inspections safety and park inspections and maintenance in the city's 52 park and Leisure Services (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position keeps the parks and playgrounds safe reducing the cityliability claims and protects the users ofthe parks and playgrounds from injury. The maintenance done on facility structures and buildings increases the longevity, of their use ulness and increases the time be ore replacement Page 84 of 292 AA/E.O. Minority, feraldisabled individuals are encouraged to apply. Page 85 of 292 (9) (7) Ifyou are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? It would require 40 hours overtime or comp to replace this position weekly (8) How has the work :load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The work load and demandfor the Construction Foreman position is constantly increasing every year. Any time a new trail playground or amenity is added it creates maintenance and inspection requirements. Also the aging of our park system is requiring more maintenance requirements than before. If this position is not filled, what affect will it have on your department? What work will not get done'? What costs will you incur? Please he as specific as possible. The Construction .Foreman position is responsible ibr safety and maintenance of the park system. A Park Maintenance 11 Construction employee would be tasked at doing forernan's duties which would be a 25% reduction in maintenance and safety related inspections and repairs in the city's 52 parks and creates liability, issuesfor the city, Leisure Services would be „forced to use overtime and comp to complete work not completed by reduction in staff (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation'? The Facilities/Project Manager assumes the role on short ter (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? This position is required to multi -task and change directions at any given time. The employee has to be proficient in scheduling and overseeing all kinds ofrepairs and maintenance. The repairs usually happen simultaneously during the inspections. This being a skilled trade position I see an increase in cost to the city `ij'this position was outsourced Page 86 of 292 (12) Ilow would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? 4/1 positions within Leiury Serri( es e Important to the sltiety and. ihe wellbeing 01 the Cite OS a Whole I it work together w achieve a common goal to create a itt and well maintained park system within the city (13) Mow does this position impact the Goals and Objectives for the City adopted by the City Council? This position supports Goal 7 Sportstown USA of the 2030 Vision Plan. All Leisure Services staff help to maintain and enhance City amenities and promote quality of life/attractiveness within the City. Note: Forward completed questionnaire to Homan Resources Department with original cops of Personnel Requisition form & updated job description. Page 87 of 292 CITY OF J{y TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA PROMOTIONAL EXAMINATION CONSTRUCTION FOREMAN DEPARTMENT LEISURE SERVICES SALARY $36.05 FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Skilled working supervisor position responsible for coordination and supervision of all operational activities related to the construction and maintenance of park related structural, mechanical, and utility systems. The work is performed under the general direction of the Facilities/Project Manager, but considerable leeway is granted for the exercise of independent judgement. Will supervise other park maintenance and seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Directly supervises, plans, assigns, schedules and reviews work of construction crews, including receiving and transmitting assignments, organizing projects, ensuring job completion and making required reports. 2. Coordinates with Building Maintenance on plumbing and electrical tasks for Leisure Services facilities. 3. Ensures productivity of the construction crews. 4. Orients new full time and seasonal employees and participates in solving personnel problems. 5. Responds to calls regarding equipment malfunctions or breakdowns and reports problems to Facilities/Project Manager or Mechanic for maintenance or repair. 6. Assists in the selection of seasonal employees. 7. Performs safety inspections on playground equipment. 8. Operates a variety of hand and power tools used for the maintenance and construction of park facilities and buildings 9. Performs rough and finish carpentry, masonry, concrete flat work, metal work, lays out and installs playground equipment, performs installation, repair and preventive maintenance of Leisure Services facilities and buildings. Page 88 of 292 10. Assists in setting up safety training programs for assigned crews and ensures that all construction staff receive initial and ongoing safety training including hazardous material and personal protective equipment training. 11. Participates in department preventive maintenance program for vehicles and equipment. 12. Operates a variety of machines and equipment including light and heavy-duty trucks, tractors, backhoe, trencher, power tools and hand tools. 13. Lifts and carries items weighing up to sixty (60) pounds with assistance as needed. 14. Works outside in all weather conditions during extended period of time; works around mechanical, hydraulic and electrical hazards; work environment is dirty; low visibility during unfavorable weather; operates equipment and tools that cause vibration; noise level is frequently loud; walking surface may be uneven, wet, muddy or slippery; work is 80% outside, 20% inside. 15. Inputs and receives data collected on computer applications via phone, tablet or desktop computer. Uses City email account. 16. May assist park maintenance crews with mowing and snow removal as needed. 17. May assist other departments with building construction, maintenance projects and snow removal. 18. Works independently and with others with minimum supervision. 19. Attends work regularly at the designated place and time. 20. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Leisure Services safety rules and regulations. 21. Performs all other duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Thorough knowledge of techniques and principles of park facilities construction and maintenance and of the occupational hazards and safety procedures of the work. 2. Thorough knowledge of the tools and equipment used in the construction of park facilities and buildings. 3. Knowledge of and ability to safely operate a variety of machines and equipment including light and heavy-duty trucks, tractors, backhoe, trencher, powered and manual tools of the trade. 4. Ability to read, interpret and follow blueprints and plans of the constructions trade; ability to read and understand chemical hazard labels and written or verbal directions of supervisor. 5. Ability to perform strenuous activity such as rough and finish carpentry, masonry, concrete flatwork, metal work. Laying out and installing playground equipment, picnic tables, chairs, benches, chain link fence and signs. 6. Ability to make decisions regarding work assignments and scheduling, purchasing supplies, equipment and material, solving production, equipment and tool problems, interviewing seasonal job applicants, assisting in orienting new employees and performing safety inspections on playground equipment. 7. Ability to use phone, tablet or computer to input and receive data. Ability to send and receive emails. 8. Ability to plan, assign and supervise the work of subordinates. 9. Ability to exercise technical judgement based on familiarity with construction problems. 10. Ability to exercise independent judgement in completion of assigned tasks. 11. Ability to respond to questions and comments from the public tactfully and politely. 12. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. Page 89 of 292 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum six (6) years of experience in construction or park facility maintenance with a minimum of two (2) years of supervisory experience. OR Any equivalent combination of experience and training that provides the knowledge, skills and abilities necessary to perform the work. 3. Prefer post high school technical training in construction trades. 4. Iowa Valid driver's license and good driving record based on City of Waterloo driver performance criteria. Iowa Class A Commercial driver's license required within 6-month probation period. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citation for moving violation with the previous three-year period, excluding speeding violation of 10 mph or less over the posted speed limit; three or more citations for moving violations with the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at - fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. And applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. 5. State of Iowa Commercial Pesticide Applicators License for ornamental turf. Required within six (6) month probation. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength, mobility and flexibility to lift and move concrete blocks, playground equipment, picnic tables, park signs, chain link fence, timbers, soil pipe and powered constructions tools (lifting up to 60 pounds with weight distributed among crew members). 2. Sufficient speech and hearing that permits the employee to communicate effectively with other workers in person or over a radio, to safely operate equipment and to hear surrounding equipment and traffic. 3. Sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 4. Sufficient dexterity to safely operate powered and manual construction tools and equipment. 5. Sufficient hearing to understand verbal instructions, respond to questions from the public and diagnose equipment malfunctions. 6. Sufficient personal mobility that permits the employee to safely operate a variety of motorized and manual park and snow removal equipment in all types of weather. Page 90 of 292 MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, hearing protection, gloves, protective clothing and respirator. 2. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 3. Following a conditional offer of employment, the City of Waterloo requires a physical examination and drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical and drug test will result in withdrawal of the employment offer. 4. The City of Waterloo reserves the right to conduct a background investigation including driving, employment and education on any applicant being considered for this position. After a conditional offer of employment is made a criminal history record search may also be completed. 5. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Will generally work Monday -Friday 7:00 am-3:30 pm with 1/2 hour unpaid lunch, but will be subject to overtime, sometimes working until dark during the spring, summer and fall months or when working on special construction projects. May also work extended hours during snow removal or other weather - related emergencies. EXAMINATION INFORMATION All qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full-time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. CONSTRUCTION FOREMAN 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 91 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Motion approving the appointment of Collin Weber from the current Civil Service List to the position of Solid Waste Technician in the Sanitation Department, effective November 5, 2024, pending pre- employment physical and drug testing. RECOMMENDED COUNCIL ACTION Requesting approval of appointment. SUMMARY STATEMENT AND BACKGROUND INFORMATION Collin Weber will be replacing Jason Sandoval who transferred to Code Enforcement. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating budget. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. SOLID WASTE TECHNICIAN - Jason Sandoval replacement 9.2024 Page 92 of 292 Page 93 of 292 PERSONNEL REQUISITION FORM Check as applicable: ❑ To start recruiting or civil service process and/or ® To fill a vacancy Active Civil Service List Expires: T"eleo e_ss -ft) each,, C Ii A proposed job description and questionnaire must accompany this form at title of s`ttbmission to Human Resources. *xxxxxx*xxxrxxxxxxxxx*xxxx*x*txacxxxxxx**xxxxxxxxxxxxxxx*x*xxxxxxxxxxxxxxxxx*x*xxxxxxx*xxxxxxxxxxx Position Title: Solid Waste Technician Department: Sanitation Department Reports To: Sanitation Director Work Location: 625 Glenwood Street Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporaiy Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: 177 Non -bargaining Position: ® Yes ® Yes Recommended Recruitment Sources: ❑ No ❑ Internal Posting Only ❑ No ® Internal Posting and External Advertising ❑ Yes ® No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Jason Sandoval, Sanitation Technician (Specify name and title of former incumbent) If replacement, former incumbent: ❑ Retired/Resigned/Terminated Transferred ❑ Promoted Date incumbent terminated employment: 9/17/2024 Date of final payout: Anticipated start date: 1 D12(4 No. of hours/week: 40 Work schedule: 6:00 am - 2:00 pm Justification of need for position: Position is required to support Sanitation Department operations in refuse can delivery, recycling and yard waste pick-ups, and compost site maintenance. What are the likely consequences if the position is not filled? A reduced number of employees will have a negative impact on the department's ability to complete all necessary operations. APPROVALS Annual salary requirements: 64,563.20 Hourly Rate: 31.04 Benefits: "4-414n) 0()�21/7 ' (Payroll taxes, pension, health ins.- assi hung fatuity) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: Querduz SI3i; 09/12/202412'. 23 PM EDT Submitting Department Head Date Mayor Date wok SICCNEU 09/16/202410:50 AM EDT Chief Financial Officer l:a-9 Peu.55 sic�o 09/16/2024 11:20 AM EDT Date I Inman Resources Committee Chairperson Date La.VI.ce I)IA.WW 'Sul', 09/16/20240919AMEDT Human Resources Director Date Created 6/30/2017 Page 94 of 292 (3) PERSONNEL REQUISITION Solid Waste Technician The following questions are provided as guidelines to assist you in developing your rational for the position of Solid Waste Technician in the Sanitation Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Delivery of garbage carts, maintain yard waste site, service sanitation routes if operator is unavailable, complete recycle and yard waste routes as assigned. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? Yes; however, a reduced number of operators will directly impact the ability to provide timely citizen services. How is the work of this position being accomplished now? Reduced number of operators equals reduced tasks that can be accomplished. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet departmental objectives — ie. delivery of garbage carts, maintain yard waste site, service sanitation routes if operator is unavailable, complete recycle and yard waste routes as assigned. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. This position is directly related to providing citizen services in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Overtime/comp time requirements are seasonal or based on weather events. The department pays overtime only as necessary. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Staffing levels have remained consistent over the past three fiscal years. Page 95 of 292 (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Department will incur additional overtime/comp time costs. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Employee time off is managed to ensure daily work assignments are covered. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It would not be practical to outsource this position. Outsourcing this position would require outsourcing the entire department. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is funded completely by user fees and not property taxes. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 96 of 292 CITY OF /TERLOO IOWA Community of opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION PUBIC WORKS - SOLID WASTE TECHNICIAN DEPARTMENT SANITATION SALARY $30.04, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Under the general direction of the Sanitation Director, or his/her designee, performs collection of solid waste, trash, refuse, yard waste and recycling during all weather conditions. Other duties that may be required include customer satisfaction, code enforcement cleanups, maintenance, cart delivery, cart pickup, cart repair & washing, and flood relief. Will also be required, as necessary, to support emergency City-wide operations. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Operates a variety of heavy equipment including but not limited to dump truck, automated garbage truck, rear packer garbage truck, backhoe, multi -compartment recycling truck, end loader, compost turner, screener and yard waste grinder. 2. Performs daily work as directed by Sanitation Director in support of department objectives. Work may include but not be limited to curbside collection, delivery of customer carts, repairs to customer carts, missed garbage, missed yard waste, missed recycling, code enforcement clean-ups, bulk item clean-ups and yard waste site maintenance. 3. Follows established routes and maintains collection schedules and route logs. Prepares and leaves notices or tags on refuse not complying with established ordinance/rules. Enters data into collection system for proper and accurate data collection. 4. Ensures vehicles and equipment are properly equipped, operate correctly, present a neat and clean appearance and are completely fueled at the end of the workday in preparation for the next day's work assignment. Equipment pre -check forms to be completed prior to equipment use and any issues relayed to Sanitation Director. 5. Supports special events including but not limited to neighborhood clean-ups, City-wide clean-ups and hazardous materials collection and disposal events. Page 97 of 292 6. Responds to citizen complaints, questions and requests for service. 7. May assist in answering telephone customer service calls, filling out reports and servicing calls or inquiries. 8. Work is performed in busy traffic areas, in vehicle and on foot, in all weather conditions. Operates equipment that causes vibration, noise level is loud, atmosphere may contain dust and traffic fumes, work environment is dirty with low visibility during bad weather. Works in inclement weather conditions for extended periods of time. 9. Works independently and with others with minimum supervision. 10. Performs work of a repetitive nature and varied workload. 11. Attends work regularly at the designated place and time. 12. Performs all duties and activities in accordance with City policies and procedures. Must comply with OSHA, EPA and Public Works safety rules and regulations. 13. Supports department goals and objectives by making recommendations to management for delivery of service improvements. 14. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of traffic laws and safety rules. 2. Ability to learn City street layout. 3. Ability to read street signs, chemical hazard labels and written directions. 4. Ability to keep work logs and prepare notices. 5. Ability to safely operate department equipment. 6. Ability to respond to questions and comments from the public tactfully and politely. 7. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 8. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic or unfavorable weather conditions. 9. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. 10. Ability to work with a tablet for proper data entry of the day's tasks. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hard-hat, reflective vest, hearing protection, gloves and over -garments as required by daily work assignment. 2. Must wear standard uniform as supplied by City. Uniform must be clean and present a neat appearance. 3. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 5. The City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. Page 98 of 292 6. Must submit to Civil Service examination procedures including an equipment driving test and a panel interview ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year experience in the skilled operation of a large truck or other large vehicle or equipment OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 3. Required to possess or obtain an Iowa Class B Commercial Drivers' License (CDL) with air brake and tanker endorsements within 6 months of employment. Good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: Toss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or Toss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault within a three-year period. 4. An applicant's driving record will be reviewed prior to consideration for an interview, prior to offer of employment and at least annually after hire. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina to work at a steady pace for up to ten hours or longer during unfavorable weather conditions or during special projects. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio, to understand and give verbal instructions, respond to questions from the public and to hear and respond to approaching traffic. 4. Sufficient color vision, depth perception, distance and peripheral vision, and hand/eye coordination to safely operate vehicles and equipment in all weather conditions, work in high traffic areas and climb on and off vehicles and equipment; dexterity and grip strength to run controls on compactor and inside automated trucks. 5. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. 6. For applicants that meet the essential physical abilities standards, reasonable accommodations may be considered. Page 99 of 292 WORK SCHEDULE Scheduled work shift is generally 6:00 a.m. - 2:00 p.m. Monday -Friday. Weather, holidays, or emergency conditions may require working later, other days or weekends. May be significant overtime during weather emergencies. Required to adjust work week to support department/City programs and objectives, including but not limited to neighborhood clean-up events, City-wide clean-up events, etc. EQUIPMENT EXAMINATION Those applicants with a good motor vehicle driving record will be required to participate in a driving test that will test skills in operating equipment used in this job classification. An individual must receive a minimum of eighty out of one hundred points to achieve a passing score on the equipment examination. ORAL EXAMINATION Those candidates who successfully complete the equipment examination will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. EXAMINATION INFORMATION Those applicants who successfully complete the equipment and oral examinations, as outlined above, will have their total scores determined by giving 40% weight to the equipment test score and 60% weight to the oral test score. The top applicants, as ranked by their scores, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. Failure to pass these tests will result in the withdrawal of the employment offer. All qualified candidates who apply by the deadline date will be notified of the time, place and date of the equipment and oral examinations. SOLID WASTE TECHNICIAN JULY 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 100 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Interim Director, Leisure Services Leisure Services Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Kenneth Van Deest from the current Civil Service List to the position of Park Maintenance II Construction in the Leisure Services Department, effective November 5, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. PARK MAINTENANCE II- CONSTRUCTION 6.2024 Page 101 of 292 Page 102 of 292 PERSONNEL REQUISITION FORM Check as applicable: To start recruiting or civil service process and/or s To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Park aini atattcc Il )nstrt Reports To: Facilities/Project Manic Department: Leisure Services, Work Location: Leisure Services Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: ►! Yes Bargaining Position: Z Yes Bargaining Group: LII'? Non -bargaining Position: ❑ Yes E No ❑ No No Complete the following if the requisition is to fill a vacancy: Spec c mmcnd ti ,itt c ntitplcnt S rce : Internal Posting Only Z Internal Posting and External Advertising ❑ New Position or la Replacement Position for: vacated, PMII Construction due to prom (Specify name and title of former incumbent) If replacement, former incumbent: El Retired/Resigned/Terminated ❑ Transferred Date incumbent terminated employment: 8/1/2024 Date of final payout: N/A Anticipated start date: 8/1/2024 No. of hours/week: 40 Work schedule: 7-3:30 M-F Justification of need for position: This position is necessary to address maintenance and safety issues in the City's 52 parks and Leisure Services facilities. Duties include park and playground inspections and associated maintenance to include rough and finish carpentry, masonry, facilities maintenance and duties as assigned. Promoted What are the likely consequences if the position is not filled? Park maintenance and safety related maintenance will not be completed. APPROVALS Annual salary requirements: $64,56'7 Hourly Rate: $31.04 Benefits:, �'��) (Payroll taxes, pension, health in :- assuming family) Is position budgeted for this and future FYs? ❑ Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: Submitting Department 161,1. (Sala S�y�o 06/17/202409:46 AM EDT Chief Financial Officer RC,/ Fe -LA -SS 6i1 06/17/20240952 AM EDT Date Date Human Resources Committee Chairperson Date Q ,r 'z siunEo Mayor 06/13/2024 07:03 PM EDT LG nc e 1/((y\ fr SI B 06/17/2024 09:41 AM EDT Human Resources Director Date Date,.... Created 6/30/2017 Page 103 of-292 PERSONNEL REQUISITION The following questions are provided as guidelines to assist you in developing your rational for the position of Park Maintenance II L'onstruction in the leisure Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Performs construction, maintenance and repair of Leisure Services buildings, structures and.facilitie,s (2) Can the job responsibilities of this position be assigned to other employees within the department? if no, why not? No. All other employees are being used to their.fullest potential.. (3) How is the work of this position being accomplished now? This work is not getting completed since position was vacated by resignation o .former employee (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) Mow would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Filling this position would allow for more timely safety and park inspections and maintenance in the city's 52 parks and Leisure Services facilities. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position keeps the parks and playgrounds safe reducing the city's liability claims and protects the users of the parks and playgrounds from injury. The maintenance done on facility structures and building' increases the longevity of their usefidness and increases the time before replacement. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid Page 104 of 292 out or earned that is directly attributable to this position and over what period of time? It would require 40 hours f overtime or comp to replace this position weekly (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The work load and demand for the Park Maintenance 11 Construction position is constantly increasing every year. Any time a new trail, playground or amenity is added it creates maintenance and inspection requirements. Also the aging o f our park system is requiring more maintenance requirements than before. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. The Park Maintenance 11 Construction position is responsible for safety and maintenance of the park system. By reducing the position by one person creates a 25% reduction in maintenance and safety related inspections and repairs in the city's 52 parks and creates liability issues for the city. Leisure Services would be forced to use overtime and comp to complete work not completed by reduction in staff (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The Park Maintenance crew prioritizes all responsibilities and completes task based on priority. This method creates a backlog of maintenance concerns that remains uncompleted or repaired. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? This position is required to multi -task and change directions at any given time. The employee has to be proficient in all .kinds of repairs and maintenance. The repairs, usually happen simultaneously during the inspections. This being a skilled trade position 1 see an increase in cost to the city if this position was outsourced (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you'? Page 105 of 292 ill po.siti n within Leis rk '>t rtc s tr€j i t rfety and the wellbeing of the City as a ti,<hole. They work together to achieve ct common goal to create a safe and well tttaintained park system within the city, (13) How does this position i by the City Council? ]oals a Id Objectives ` r the adopted This position supports Coal 7 Sportstown USA oldie 20 0:Vision Plan. All Leisure Services staff help to maintain and enhance City amenities and promote quality of lifeiattractiveness within the City. gi Reg Page 106 of 292 CITY OF TERLOO IOWA Community of Opportunity CITY OF WATERLOO, IOWA XAMINATION PARK MAINTENANCE II- CONSTRUCTION DEPARTMENT LEISURE SERVICES SALARY $30.04, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Performs construction, maintenance and repair of Leisure Services buildings, structures and facilities. The work is performed under the general direction of the Facilities/Project Manager and supervision of the Construction Foreman but often works independently and with minimum supervision. Supervises seasonal or part- time employees as assigned. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Performs rough and finish carpentry, masonry, and concrete flatwork and general facility maintenance related to construction. 2. Performs safety inspections on playground equipment 3. Installs, maintains and repairs playground equipment, picnic tables, grills, chairs, benches and chain link fences. 4. Prepares and paints Leisure Services structures, facilities, playground equipment and signs. 5. Assists park maintenance crews with mowing and snow removal as needed. 6. Operates light and heavy-duty trucks, tractors, backhoe, trencher, power tools, and hand tools and snow removal equipment. 7. Participates in department preventive maintenance program for vehicles and equipment. 8. Responds to questions from the public concerning Leisure Services building maintenance and repair work. 9. May assist other departments with building construction, maintenance projects and snow removal. 10. Directs the work activities of part time and seasonal workers as assigned. 11. Workload varies and may be repetitive. 12. Works independently and with others with minimum supervision. Page 107 of 292 13. Works outside in all weather conditions; works around mechanical, hydraulic and electrical hazards; work environment is dirty; low visibility during unfavorable weather; operates equipment and tools that cause vibration; noise level is frequently loud; walking surface may be uneven, wet, muddy, or slippery. 14. Attends work regularly at the designated place and time. 15. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Leisure Services safety rules and regulations. 16. Inputs and receives data collected on computer applications via phone, tablet or computer. 17. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Thorough knowledge of techniques and principles of park facilities construction and maintenance and of the occupational hazards and safety procedures of the work. 2. Knowledge of occupational hazards involved with and the safety precautions necessary when performing building maintenance and construction or operating powered equipment and tools. 3. Knowledge of the tools and equipment used in the construction of facilities and buildings. 4. Ability to read, interpret and follow blueprints and plans of the construction trade. 5. Knowledge of and ability to safely operate a variety of machines and equipment including light and heavy-duty trucks, tractors, backhoe, trencher, powered and manual tools of the trade. 6. Ability to read and understand chemical hazards labels and written or verbal directions of supervisor. 7. Ability to respond to questions and comments from the public tactfully and politely. 8. Ability to communicate effectively and maintain working relationships with other City employees, supervisors, and the public. 9. Ability to use phone, tablet, or computer to input and receive data. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic, and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum four (4) years of experience in building construction OR Any equivalent combination of experience and training that provides the knowledge, skills and abilities necessary to perform the work. 3. Iowa Valid driver's license and good driving record based on City of Waterloo driver performance criteria. Iowa Class A Commercial driver's license required within 6-month probation period. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citation for moving violation with the previous three-year period, excluding speeding violation of 10 mph or less over the posted speed limit; three or more citations for moving violations with the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, Page 108 of 292 reckless driving or other major moving violation within the previous five years; two or more at - fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. And applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks (lifting up to 60 pounds with weight distributed among crew members. 2. Sufficient strength and stamina to perform strenuous activity such as carpentry, masonry, and concrete flatwork. 3. Sufficient speech and hearing that permits the employee to communicate effectively with other workers in person or over a radio, and to safely operate equipment. 4. Sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions; sufficient dexterity to safely operate powered and manual construction tools and equipment; sufficient hearing to understand verbal instructions, respond to questions from the public and diagnose equipment malfunctions. 5. Sufficient personal mobility that permits the employee to safely operate a variety of motorized and non -motorized park and snow removal equipment in all types of weather. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, hearing protection, gloves, protective clothing and respirator. 2. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 3. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical and drug test will result in withdrawal of the employment offer. 4. The City of Waterloo reserves the right to conduct a background investigation including driving, employment and education on any applicant being considered for this position. After a conditional offer of employment is made a criminal history record search may also be completed. 5. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Will generally work Monday -Friday 7:00 a.m. - 3:30 p.m. with a half-hour unpaid lunch. May be required to work significant overtime on special construction projects, snow removal, or other weather -related emergencies. EXAMINATION INFORMATION Qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the Page 109 of 292 interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL EXAMINATION DATE Qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. PARK MAINT II- CONSTRUCTION 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 110 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department November 4, 2024 AGENDA ITEM TITLE Motion to receive and file Leisure Services Commission Board minutes of September 10, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board Minutes 09-10-2024 Page 111 of 292 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, September 10, 2024 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. The meeting was called to order at 7:32 am. Present: Council Liaison Dave Boesen, Jessica Rucker, Ellen Vanderloo, Tom Powers, Tom Christensen, Allison Richter Staff: Paul Huting, Chris Dolan, Travis Nichols, Bob Etringer, Todd Derifield, JB Bolger Absent: Council Liaison Nia Wilder, Robert Welch, Tim Moses Tom Christensen called for approval of the agenda. Tom Powers motioned to approve the agenda, second by Ellen Vanderloo. Ayes: All Nays: None Tom Christensen called for motion for the approval of the August 13, 2024 meeting minutes. Jessica Rucker motioned to approve the meeting minutes, second by Toni Powers. Ayes: All Nays: None REVIEW OF BILLS Toni Christensen called for approval of the bills. Questions were answered. Motion by Tom Powers to approve August 2024 bills, Jessica Rucker made a second. Ayes: All Nays: None STAFF UPDATES Forestry — Todd Derifield Forestry Crew is working on the removal of 150 stumps. Many of these stumps were left over from tree removals from late last fall and winter. Due to the wind storm in May and other priorities these stump removals were delayed as compared to past years. The crew has also been watering newly planted trees as well as all the new plantings at Gates Park. Watering at Gates alone takes a couple of people an entire day to complete and has been needed three times a week. The two forestry apprentices will be attending ACRT Training in Ohio in a few weeks. This training is required by OSHA when trimming trees near power lines. The training will teach them to identify electrical hardware and ultimately work safely around electrical conductors. Sports and SportsPlex — Bob Etringer Mayor's Fun Run will take place next Tuesday, September 17th with program starting at 9:30 at Expo Plaza. Mayor's Basketball League starts next week, about sixty kids will meet Monday and Wednesday evenings until Thanksgiving. Flag Football Clinic will be starting up which will include sixty kids for about five weeks. Karate will also be starting and will meet for eight weeks with about twenty fiver participants. At the SportsPlex the gym floor and fitness studio were refinished last week and the gym will open later this week. Winter rentals have been starting to be booked. As of right now thirty events are to take place in the gym October 24th through November 25th. Then ten more events on the turf December 25fh to March 25th. Page 112 of 292 Construction, Projects — Travis Nichols The park maintenance crew continues to do restroom cleaning, summer garbage route, park inspections and repairs. With school back in session we should see a down tick in garbage and clean up in the parks. We are working on closeout for Greenbelt Lake. Todd has some interpretive signage that needs to be installed. Sulentic Shelter Project was held up due to delay from shelter manufacturer. The shelter should be delivered this month. We have our pre -construction meeting tomorrow. Gates Park is moving along nicely. Electricians have been working onsite the last few weeks doing their part to allow for concrete deck to be poured. We have changed the closing time at the splash pad to sunset per Iowa Code requirement at a splash pad. We will also be posting signage that states the splash pad will close September 22nd and the inclusive play area will close October 30. Byrnes Pool and Pump House are removed. The pool contractor is onsite prepping pool area to start underground work. Golf and Downtown Area — JB Bolger Golf rounds report was distributed showing 66,195 total rounds played through the end of August. This is 5,212 more rounds this year than at the same point last year. Additionally the FY2024 golf revenue finished with record revenue of $1,263,545 which equaled a per course total subsidy of only $38,575. This is a great deal especially considering that the Golf Operation employs 9 full time City Staff that are used for snow removal and can be used in other City emergencies such as major flooding. The Downtown Area Maintenance Crews assisted with Pridefest, Food Truck Festival, and Cedar Valley Release and Remember events over the past month. Staff met informally with members of Align Architecture to review and chart a path forward regarding the South Hills Golf Course Maintenance building which is in poor and declining condition. Early recommendations from the architects state that it is not a wise investment to fix up or repair the old building but rather build a new standalone office, restroom, and heated equipment repair bay and use the old building as a non - heated storage for a few more years. Young Arena — Chris Dolan Waterloo Black Hawks final exhibition game will be Tuesday September 10 vs Cedar Rapids. All Contracted ice user groups have started programming. Young Arena staff continue to make repairs to a HVAC controls /units. Staff is also starting the process to replace water heaters for all locker rooms and upper north concessions and rest rooms. The next regular Leisure Services Commission Meeting will be held Tuesday, October 8, 2024. Jessica Rucker made a motion to adjourn the meeting, second by Tom Powers. Tom Christensen adjourned the meeting at 8:15. , Secretary Jessica Rucker io Date Page 113 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department November 4, 2024 AGENDA ITEM TITLE Liquor Licenses a. The Next Level, 229 E. 4th Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/17/2025. b. Traveling Tapster, 250 Ansborough Ave/Hippodrome, Class C Alcohol w/Sunday Sales (New) Exp: 11/25/2024. c. The Slippery Pickle, 341 Fletcher Ave., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 5/31/2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 114 of 292 ATTACHMENTS None Page 115 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department November 4, 2024 AGENDA ITEM TITLE Motion approving Cigarette/Tobacco Permit Application for BP Fuel, 127 Jefferson Street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 116 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department November 4, 2024 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BONDS FOR COUNCIL APPROVAL 11.04.24 Page 117 of 292 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL November 4, 2024 100011309 CDB UTILITY CONTRACTORS, INC. DAVENPORT, IA 67242925 D.C. CORPORATION WATERLOO, IA 100097932 D.W. ZINSER COMPANY WALFORD, IA B 1321707 HARRIS DIRECTIONAL BORING, INC. SLATER, IA Page 118 of 292 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Terminal Security Upgrades Project, Contract No. 5819, IDOT CSVI Grant. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 10.24.2024 FY 2025 Waterloo Regional Airport Terminal Upgrades Page 119 of 292 BID SUMMARY SHEET WATERLOO REGIONAL AIRPORT TERMINAL SECURITY UPGRADES (2024) IDOT CSVI PROJECT NO. 91240ALO200 IDOT CONTRACT NO. CNTRT-00005819 AECOM PROJECT NO. 60734402 October 24, 2024 Bidder Bid Security Addendum Base Bid K&W Electric, Inc. Cedar Falls, IA 5% $514,894.00 Engineer's Estimate 1 $374,370.00 Page 120 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Demolition and Site Clearance Services, Contract No. D-2024-10-06P. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The properties in question were acquired by the City, with two being owned by the Waterloo Development Corporation (WDC), and have been tested and abated for asbestos, and are now ready to be demolished. The City recently approved a Project Funding Agreement with WDC, where WDC agrees to pay the City for the costs associated with their properties, and agrees to indemnify and hold the City harmless. City of Waterloo properties include 708 W 3rd Street, 324-326 W 7th Street, 617 W 1st Street, and 200 E Mullan Avenue. WDC properties include 100 Commercial Street and 128 Sycamore Street. The Project Funding Agreement with WDC also includes 118 Sycamore Street, but this will be demolished later by separate contract, as it will have to be partially demolished as a RACM demo (regulated asbestos containing materials). NEIGHBORHOOD IMPACT The demolition activity will have a positive impact on the neighborhoods by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate $160,000. Source of funds: Nuisance Abatement bonds and/or TIF funds, with WDC property expenses reimbursed by WDC. ALTERNATIVE ACTION Page 121 of 292 LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tabulation - Demolition Services D2024-10-06P 2. Demolition RFB Contract D-2024-10-06P 3. 708 W 3rd St Aerial 4. 708 W 3rd Beacon Report 5. 324-326 W 7th St Aerial 6. 324-326 W 7th St Beacon Report 7. 617 W 1st St Aerial 8. 617 W 1st St Beacon Report 9. 200 E Mullan Av Aerial 10. 200 E Mullan Av Beacon Report 11. 100 Commercial St Aerial 12. 100 Commercial St Beacon Report 13. 128 Sycamore St Aerial 14. 128 Sycamore St Beacon Report Page 122 of 292 Demolition and Site Clearance Services Contract No. D-2024-10-06P October 24, 2024 1 Bidder Bid Seccurrit y Bid Amount Dore & Associates, Inc. Bay City, MI 5% $223,300.00 D.W. Zinser, Co. Walford, IA 5% $118,000.00 Hatch Grading & Contracting Dysart, IA 5% $231,600.00 Lehman Trucking & Excavating, Inc. Waterloo, IA 5% $146,242.00 Benton's Sand & Gravel Cedar Falls, IA 5% $165,172.00 Walker Reclaim and Demo LLC Iowa Falls, IA 5% $122,096.00 Earth Services & Abatement Des Moines, IA 5% $266,000.00 Page 123 of 292 CITY OF WATERLOO, IOWA OF WAr,,A AF 4. oa ah..... -71 O 0 ,, 4.,.. • . 7b►1 Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos -containing materials (no RACM)] October 2024 RFB Demolition and Site Clearance Services Contract D-2024-10-06P 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av, (City owned properties), and 100 Commercial St, and 128 Sycamore St (WDC owned properties) City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 124 of 292 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 services Contract D-2024-10-06P for the properties at 708 W 3rd St, 324-326 W 7tn St, 617 W 1st St, and 200 E Mullan Av (City owned properties), as well as 100 Commercial St, and 128 Sycamore St (WDC owned properties). 1.1 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 October 24, 2024, 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 should be marked as noted below, and include the name of the company submitting the bid. RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: Demolition and Site Clearance Services (Non-RACM) Demolition Contract D-2024-10-06P October 3, 2024 There will not be a mandatory walk thru Thursday October 24, 2024, at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (NO-RACM) DEMOLITION CONTRACT D-2024- 10-06P. City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) E-mail Address: aric.schroeder@waterloo-ia.org Phone: Phone: 319-291-4366 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-06P: 708 W 3`a St, 324-326 W 7° St, 617 W 1s` St, and 200 E Mullan Av (City properties), and 100 Commercial St and 128 Sycamore St (WDC properties) Page 2 of 28 Page 125 of 292 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, October 24, 2024, 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 Channel. 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 award. The awarding of the Contract is anticipated to be at the City Council meeting on Monday, November 4, 2024. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on November 4, 2024, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 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 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 is required. 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 Contractor shall provide certificate of insurance having the City of Waterloo and Waterloo Development Corporation as additional insured. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-06P: 708 W 3`a St, 324-326 W 7° St, 617 W 1S1 St, and 200 E Mullan Ay (City properties), and 100 Commercial St and 128 Sycamore St (WDC properties) Page 3 of 28 Page 126 of 292 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 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 and Waterloo Development Corporation will be named as 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 bid 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 the 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". RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-06P: 708 W 3`a St, 324-326 W 7° St, 617 W 1s` St, and 200 E Mullan Ay (City properties), and 100 Commercial St and 128 Sycamore St (WDC properties) Page 4 of 28 Page 127 of 292 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) months, anticipated to be from November 4, 2024 to March 3, 2025. 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. City's Project Manager may administratively approve up to four (4) one (1) week time period renewals. Further renewals will require approval of the City Council as an amendment to the Contract. 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 and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB 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 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; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-06P: 708 W 3`a St, 324-326 W 7° St, 617 W 1s` St, and 200 E Mullan Ay (City properties), and 100 Commercial St and 128 Sycamore St (WDC properties) Page 5 of 28 Page 128 of 292 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 Invoices for 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 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 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. 3.2.4 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 demolition and site clearance services (no- RACM) for: 708 W 3rd St, 324-326 W 7tn St, 617 W 1st St, and 200 E Mullan Av (City owned properties), as well as 100 Commercial St, and 128 Sycamore St (WDC owned properties). The City of Waterloo is working jointly with the Waterloo Development Corporation (WDC) to complete demolition and site clearance services work on the two noted properties owned by WDC. The City has a separate agreement with WDC to provide the authorization for the City to proceed with the work. 4.1 Scope of Work RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-06P: 708 W 3`a St, 324-326 W 7i° St, 617 W 1s` St, and 200 E Mullan Av (City properties), and 100 Commercial St and 128 Sycamore St (WDC properties) Page 6 of 28 Page 129 of 292 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. This Contract includes six properties, including: 708 W 3rd St (2 story home), 324-326 W 7th St (2 story duplex), 617 W 1st St (2 story home), 200 E Mullan Av (1 story commercial garage), 100 Commercial St (1 story commercial building), and 128 Sycamore St (1 story commercial building). Please note: All properties have been abated for asbestos containing material (ACM). The garage behind 708 W 3' St is being sold on contract to an abutting property owner and is to remain (protect). 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. 4.3 There will not be a mandatory walkthrough for this project. Bidders are advised/encouraged to make their own inspections of the properties prior to bid submittal. The Planning Department is not in possession of a key for most of the properties. We do have a key for 100 Commercial St and 128 Sycamore St. Keys can be checked out from the Planning Department. The other properties may be partially boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you remove to attempt to maintain security. Please Note: Some of the properties are in very poor condition and may require careful methods (such as an extension ladder) to reach basements or upper levels. Use caution when entering the properties. Enter at your own risk. 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-06P: 708 W 3`a St, 324-326 W 7° St, 617 W 1" St, and 200 E Mullan Av (City properties), and 100 Commercial St and 128 Sycamore St (WDC properties) Page 7 of 28 Page 130 of 292 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. SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo and WDC, and their respective officials, officers, directors, employees and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-06P: 708 W 3`a St, 324-326 W 7i° St, 617 W 1S1 St, and 200 E Mullan Ay (City properties), and 100 Commercial St and 128 Sycamore St (WDC properties) Page 8 of 28 Page 131 of 292 under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-06P: 708 W 3`a St, 324-326 W 7° St, 617 W 1s` St, and 200 E Mullan Ay (City properties), and 100 Commercial St and 128 Sycamore St (WDC properties) Page 9 of 28 Page 132 of 292 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 sites are, not to exceed: 708 W 3rd Street $ 324-326 W 7th Street $ 617 W 1st Street $ 200 E Mullan Avenue $ 100 Commercial Street (WDC property) $ 128 Sycamore Street (WDC property) $ 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 133 of 292 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES — (NO-RACM) DEMOTION CONTRACT D-2024-10-06P 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties) PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/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 (except for trees specifically noted to remain on the attached aerial photos of each site), structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences (except as noted to remain on the attached aerial photos of each site), 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), 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. 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. Remove and replace sidewalk and paving as required. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 11 of 28 Page 134 of 292 I. 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 or Sidewalk Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to submit a traffic control plan to the appropriate City authority 48 hours in advance of any lane or road closures indicating the area of closure and the signs and traffic control devises to be used to set up the closure. Adequate barricades and warning signs will be placed as required by the City. 2. If sidewalks are to be closed during demolition, submit a sidewalk closure plan that meets the ADA requirements to the Waterloo Engineering Department 48 hours prior to the scheduled closure. Contractor shall install necessary signing and barricades according to the approved closure plan. 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 or vertical openings wider than four 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 dust 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3'd St, 324-326 W 7'h St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 12 of 28 Page 135 of 292 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/Explosives: No fires of any kinds will be permitted in the demolition work area. No explosives 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 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. 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 and WDC assume 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Ay (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 13 of 28 Page 136 of 292 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 and WDC 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. 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. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. The Contractor shall obtain all necessary work in right-of-way permits. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 14 of 28 Page 137 of 292 compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in Part 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 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. 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 $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, as well as the City of Waterloo, Iowa and WDC, and their respective officials, officers, directors, employees and agents, 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3'd St, 324-326 W 7th St, 617 W 15t St, and 200 E Mullen Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 15 of 28 Page 138 of 292 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, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. All basement areas and below grade excavation areas are 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 areas 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 do provide indication for presence of basements and approximate areas. 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. 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 (except as otherwise specifically noted or as directed by the City's Representative). 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3'd St, 324-326 W 7'h St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 16 of 28 Page 139 of 292 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. As an old farmhouse, 1318 Martin Road is presumed to have a septic tank. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials 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 the Contract. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 17 of 28 Page 140 of 292 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. Asbestos Abatement: The structures have been tested and abated for asbestos containing materials (ACM). Contractor shall notify the City's Representative if asbestos is discovered in the demolition process. No further work will be allowed until the asbestos has been removed by a licensed contractor. F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil or sand 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. 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. All backfill shall be adequately compacted so as to minimize soil settling. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 18 of 28 Page 141 of 292 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 straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7'h St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 19 of 28 Page 142 of 292 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. Storm Sewer: Disconnect all sump pump and area drain connections to the storm sewer system. Notify the Waterloo Engineering Department for inspection of the disconnection prior to placing backfill material. D. Backfill and Compaction: 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 Depaitiiient 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. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 20 of 28 Page 143 of 292 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, and all hazards removed. 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 pick up any oil spilled from loading or hauling vehicles. 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 21 of 28 Page 144 of 292 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 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. 2.17 SPECIAL PROVISIONS 708 W 3rd St: A portion of the rear property of this property, including the garage, is being sold on contract to an abutting property owner and is to remain (protect). The driveway approach for this property (the portion between the street and the public sidewalk) is to remain, and a paved area in front of the garage to the joint noted on the below picture is to remain. The remainder of the driveway is to be removed. There are several large trees on this property. The large tree between the street and the public sidewalk is to remain. The large tree between the house and the garage is to be removed. There is a large tree on the abutting property at 714 W 3rd St that is also to be removed with consent of that property owner. Special care will be needed to remove this tree. Stumps are also to be removed. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 22 of 28 Page 145 of 292 - 324-326 W 7th St: Bluff St abutting the property has been vacated, and the sidewalk along vacated Bluff St is no longer public sidewalk, and is to be removed as noted. Several existing tree stumps are to also be removed. Remove All Stumps Remove Sidewalk Remove Sidewalk Sidewalk Remain (Protect) - 617 W 1st St: The fence along the rear property line is the abutting property owner's and is to remain (protect). There is an overhead utility line along the alley that is in very close proximity to the house that will remain (protect). - 200 E Mullan Av: Close proximity to the abutting home at 210 E Mullan Av. Careful demolition techniques needed so as not to damage the abutting home. Pavement/retaining wall between 200 E Mullan and 210 E Mullan is to remain. Driveway approach to E. Mullan Av to remain (protect). Two driveway approaches to Sycamore St to be removed. Approach Remain (Protect) RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 23 of 28 Page 146 of 292 - 100 Commercial St: Has a stump and fuel tank to remove. There is an overhead utility line along the rear that is in very close proximity to the building that will remain (protect). Behind rear property is private property, not a public alley. Both driveway approaches are to remain (protect) (one from W Mullan Av and one from Commercial St). - 128 Sycamore St: Two billboard signs to remain (protect). Pavement between billboards and building to be removed. Private sidewalk along side of building to be removed. Newley planted trees along E. 1st St to remain (protect). Public sidewalk (including decorative pavers) to remain (protect). Building foundation wall (to be removed) is directly abutting the public sidewalk. Any sidewalk sections damaged during foundation removal are to be replaced. Abutting building at 118 Sycamore is very close, but will be demolished soon. Billboards Remain (Protect) Ilf Private Sidewalk Remove Trees Remain (Protect) 0: Sidewalk Remain (Protect) awl����IIW111�11�1�11��1/IIM�N�� RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 24 of 28 Page 147 of 292 Exhibit "C" CONTRACT D-2024-10-06P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 708 W 3rd Street, 324-326 W 7th Street, 617 W 1st St, and 200 E Mullan Avenue (City owned properties), and 100 Commercial Street, and 128 Sycamore Street (WDC owned properties) This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of November 4, 2024 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. Term and Services. For the period of November 4, 2024 thru March 3, 2025, 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). The Waterloo Development Corporation (WDC) is an intended beneficiary of this Contract with respect to properties owned by WDC. However, WDC is not liable to Contractor for any sums payable under or in connection with this Contract, City shall be the sole party responsible to pay Contractor for its services hereunder, and Contractor hereby waives any right to pursue collection against WDC on any legal theory or to place a lien against any property owned by WDC. Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. 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. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 25 of 28 Page 148 of 292 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 RFB Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. 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. 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 Contract. 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 and WDC, and their respective officials, officers, directors, 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 and WDC, and their respective officials, officers, directors, 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 or WDC. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 26 of 28 Page 149 of 292 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; 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1s` St, and 200 E Mullen Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 27 of 28 Page 150 of 292 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 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 CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2024-10-06P: 708 W 3rd St, 324-326 W 7th St, 617 W 1st St, and 200 E Mullan Av (City properties), and 100 Commercial St, and 128 Sycamore St (WDC properties). Page 28 of 28 Page 151 of 292 Neighbor's tree to remain (protect) but trim overhanging limbs Public sidewalk to remain (protect) Driveway approach to remain (protect) Note'. Base map data source Is Black Hawk County. This map does not represent a survey, no liability Is assumed for the accuracy of the data delineated herein. either expressed or implied by Black Hawk County. the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information mown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. UN of Waterloo, Iowa 0 15 30 ect W+E Penn of ')Q7 wy� Black Hawk County, IA Summary Parcel ID 891326183004 Alternate ID Property Address 708 W 3RD ST WATERLOO IA 50701 Sec/Twp/Rng N/A Brief Tax Description LEAVITTS ADDITION LOT 6 BLK 7 (Note: Not to be used on legal documents) Deed Book/Page 202400004705 (10/5/2023) Contract Book/Page Adjusted CSR Pts 0 Class R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) District 940001- WATERLOO CITY/WATERLOO SCH School District WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood CWTLO-03 Owner information Deed CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Address Change Form Mail To CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Link to the Address Change Form Sales Multi Date Seller Buyer Recording Sale Condition - NUTC Type Parcel Amount 5/27/1992 627-462 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 Deed $27,000.00 8/5/1988 281-817 SALE BY LENDING INSTITUTION OF PROPERTY ACQUIRED AS RESULT OF ... - PRIOR 09 Contract $14,000.00 Show Deed/Contract Show Deed/Contract Land Lot Dimensions Regular Lot: 60.00 x 150.00 Lot Area 0.21 Acres;9,000 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Page 153 of 292 Residential Dwelling Occupancy Single -Family / Owner Occupied Style 2 Story Frame Architectural Style N/A Year Built 1891 Exterior Material Asb Total Gross Living Area 2,069 SF Attic Type None; Number of Rooms 6 above; 0 below Number of Bedrooms 3 above; 0 below Basement Area Type Full Basement Area 930 Basement Finished Area Plumbing 1 Water Closet; l Sink; 1 Shower Stall/Tub; Central Air Yes Heat Yes Fireplaces Porches 1S Frame Enclosed (160 SF); 1S Frame Open (107 SF); Decks Additions 1 Story Frame (53 SF); 1 Story Frame (156 SF); Garages 864 SF (24F W x 36F L) - Det Frame (Built 1975); Permits Permit # Date Description Amount FC 06/17/2024 Demo/Rmvl 0 WA 2322 11/01/2005 Roof 2,170 Valuation 2024 2023 2022 2021 2020 Classification Residential Residential Residential Residential Residential + Assessed Land Value $9,180 $9,180 $9,180 $9,180 $9,180 + Assessed Improvement Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $13,490 $13,490 $11,210 $11,210 $12,450 Gross Assessed Value $22,670 $22,670 $20,390 $20,390 $21,630 Exempt Value ($22,670) $0 $0 $0 $0 = Net Assessed Value $0 $22,670 $20,390 $20,390 $21,630 Exemptions Code Description E86 CITY PROPERTY Taxation Amount 22,670 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $4,254 $5,017 $4,969 $5,178 + Taxable Improvement Value $0 $0 $0 $0 + Taxable Dwelling Value $6,252 $6,126 $6,068 $7,023 = Gross Taxable Value $10,506 $11,143 $11,037 $12,201 Military Exemption $0 $0 $0 $0 Homestead 65+ Exemption $0 $0 $0 $0 = Net Taxable Value $10,506 $11,143 $11,037 $12,201 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 Gross Taxes Due $453.12 $447.81 $435.95 $489.90 Ag Land Credit $0.00 $0.00 $0.00 $0.00 Family Farm Credit $0.00 $0.00 $0.00 $0.00 Homestead Credit $0.00 $0.00 $0.00 $0.00 Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 Business Property Credit $0.00 $0.00 $0.00 $0.00 Net Taxes Due $453.12 $447.81 $435.95 $489.90 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March 2025 $227 No 618246 September 2024 $227 No 2022 March2024 $224 Yes 551065 September 2023 $224 Yes Page 154 of 292 Year Due Date Amount Paid Date Paid Receipt 2021 March 2023 $3 Yes 4/10/2023 416131 September 2022 $0 No 2021 March 2023 $4 Yes 4/10/2023 416131 September 2022 $0 No 2021 March 2023 $218 Yes 4/10/2023 416131 September 2022 $218 Yes 10/3/2022 2020 March2022 $0 No 347156 September 2021 $4 Yes 10/4/2021 2020 March2022 $245 Yes 3/31/2022 347156 September2021 $245 Yes 10/4/2021 2019 March 2021 $517 Yes 3/31/2021 215716 September 2020 $517 Yes 9/14/2020 2018 March2020 $0 No 051021 September 2019 $38 Yes 4/22/2020 2018 March2020 $426 Yes 4/22/2020 051021 September 2019 $426 Yes 4/22/2020 2017 March 2019 $4 Yes 7/25/2019 051021 September 2018 $0 No 2017 March2019 $0 No 051021 September 2018 $6 Yes 10/17/2018 2017 March 2019 $19 Yes 7/25/2019 051021 September2018 $0 No 2017 March 2019 September 2018 2016 March 2018 September 2017 2016 March 2018 September 2017 2016 March 2018 September 2017 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches $420 Yes 7/25/2019 051021 $420 Yes 10/17/2018 $0 No 051021 $20 Yes 12/28/2017 $20 Yes 10/30/2018 051021 $0 No $4 Yes 10/30/2018 051021 $0 No $435 Yes 10/30/2018 051021 $435 Yes 12/28/2017 Page 155 of 292 Sketch by wwx.carnavisian.corn Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 09/23/2021 Sales by Neighborhood Sales by Subdivision Distance: L 1500 Feet To: 1S FR [53] 16 3 16 1S FR EP [160] 1S FR [156] 10 26 16 14 8 24 2S B FR (MAIN) [930] 10 11 13 14 12 3 1S FR OP [107] 09/23/2024 Sales by Distance 14 Page 156 of 292 • • • • • • • • • • • • • • • • • • • • • Remove sidewalk to nearest joint by abutting building Vacated sidewalk, remove between red lines Remove stumps • • • • • • G,c • Remove private walk '/c Abutting land owned by City, may be used for staging (repair damage) Tree to remove 324-326 W 7th St Remove gravel driveway Remove private walk Driveway approach (gravel) to remove Remove private walks Public sidewalk to remain (protect) Note'. Base map data source Is Black Hawk County. This map does not represent a survey, no liability Is assumed for the accuracy of the data delineated herein. either expressed or implied by Black Hawk County. the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. UN of Waterloo, Iowa 0 15 30 ect W+E Penn 1 17 of ')Q7 wy� Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891326283003 326 W 7TH ST 324 W 7TH ST WATERLOO IA 50702 N/A ORIGINAL PLAT WATERLOO WEST SE 5 FT SW 75 FT LOT 9 BLK 47 SW 75 FT LOT 10 BLK 47 (Note: Not to be used on legal documents) 202400004704(10/5/2023) 0 M - Residential (MR R3+) (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 941041- WATERLOO RIVERFRONT UR TIF WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood CWTLO-18 R3+ CONV Owner information Deed CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Address Change Form Mail To CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Link to the Address Change Form Sales Date Seller 5/25/2006 KELLER,MICHAEL 5/27/2004 CHASE,MOLLY J 5/9/2002 CHASE,WILLIAMJ 11/30/2001 CHASE,WILLIAM J 12/29/2000 CHASE,WILLIAMJ Show Deed/Contract Show Deed/Contract Buyer Recording MONTE,GERSON M 2006- 28668 KELLER,MICHAELJ 2004- 33286 PRICE,PATRICK F L JDS PROPERTIES INC PRICE,PATRICK F L 346-420 345-444 Sale Condition - NUTC NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 CONTRACT FORFEITURE - PRIOR 09 COMMERCIAL SALE OF TWO OR MORE PARCELS -SINGLE CONSIDERATION - PRIOR 09 341-424 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 O Show There are other parcels involved in one or more of the above sales: Land Lot Dimensions Regular Lot: 75.00 x 65.00 Lot Area 0.11 Acres;4,875 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Multi Type Parcel Amount Deed $100,000.00 Deed $32,000.00 Deed $836,572.00 Contract $836,572.00 Contract $44,000.00 Page 158 of 292 Residential Dwelling Occupancy Style Architectural Style Year Built Exterior Material Total Gross Living Area Attic Type Number of Rooms Number of Bedrooms Basement Area Type Basement Area Basement Finished Area Plumbing Central Air Heat Fireplaces Porches Decks Additions Garages Permits Permit # WA 124088 WA 04488 WA HA 1096 WA HA 1094 Valuation Four -Family Conversion 2 Story Frame N/A 1890 Asb 3,040 SF Floor & Stairs; 12 above; 0 below 4 above; 0 below Full 1,640 4 Standard Bath; 3 Sink; No Yes 1S Frame Open (45 SF); 1S Frame Open (45 SF); Wood Deck (32 SF); 1 Story Frame (120 SF) (120 Bsmt SF); 1 Story Frame (120 SF) (120 Bsmt SF); Classification + Assessed Land Value + Assessed Improvement Value + Assessed Dwelling Value = Gross Assessed Value Exempt Value = Net Assessed Value Exemptions Code Description E86 CITY PROPERTY Taxation + Taxable Land Value + Taxable Improvement Value + Taxable Dwelling Value = Gross Taxable Value Military Exemption Homestead 65+ Exemption = Net Taxable Value x Levy Rate (per $1000 of value) Gross Taxes Due Ag Land Credit Family Farm Credit Homestead Credit Disabled and Senior Citizens Credit Business Property Credit Net Taxes Due Date 10/07/2021 08/15/2013 10/01/2004 10/01/2004 2024 Residential (Mr R3+) $8,790 $0 $47,830 $56,620 ($56,620) $0 Amount 56,620 2023 Residential (Mr R3+) $8,790 $0 $47,830 $56,620 $0 $56,620 Description Misc Deck/Patio Furnace Furnace 2022 Residential (Mr R3+) $7,540 $0 $47,220 $54,760 $0 $54,760 2021 Residential (Mr R3+) $7,540 $0 $47,220 $54,760 $0 $54,760 Amount 3,500 2,268 1,800 1,800 2020 Residential (Mr R3+) $7,540 $0 $47,220 $54,760 $0 $54,760 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 $4,074 $4,121 $4,807 $5,090 $0 $0 $0 $0 $22,166 $25,806 $30,103 $31,874 $26,240 $29,927 $34,910 $36,964 $0 $0 $0 $0 $0 $0 $0 $0 $26,240 $29,927 $34,910 $36,964 43.12949 40.18730 39.49908 40.15223 $1,131.72 $1,202.69 $1,378.91 $1,484.19 $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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,131.72 $1,202.69 $1,378.91 $1,484.19 Page 159 of 292 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March 2025 $566 No 636026 September2024 $566 No 2022 March 2024 $601 Yes 567897 September 2023 $601 Yes 9/19/2023 2021 March 2023 $689 Yes 3/20/2023 407298 September 2022 $689 Yes 9/21/2022 2020 March 2022 $742 Yes 3/22/2022 372727 September 2021 $742 Yes 9/23/2021 2019 March 2021 $789 Yes 201758 September 2020 $789 Yes 9/21/2020 2018 March 2020 September 2019 2017 March 2019 September 2018 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches $811 Yes 3/20/2020 051421 $811 Yes 9/20/2019 $864 Yes 3/20/2019 051421 $864 Yes 9/18/2018 $911 Yes 3/15/2018 051421 $911 Yes 9/22/2017 wo OK [32] Sketch by wevr.carnavision.corn Page 160 of 292 Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 09/23/2021 Sales by Neighborhood Sales by Subdivision To: 09/23/2024 Distance:l 1500 I Feet Homestead Tax Credit and Exemption Sales by Distance Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption No data available for the following modules: Agricultural Land/CSR, Commercial Buildings, Agricultural Buildings, Yard Extras, Tax Sale Certificate, Special Assessments, Board of Review Petition. The maps and data available for access at this website are provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. User Privacy Policy I GDPR Privacy Notice Last Data Upload: 9/21/2024,12:56:17 AM Contact Us Schneider GE OSPAT IA Page 161 of 292 Retaining wall to remove, regrade lot Public sidewalk to remain (protect) Neighbor's fence to remain (protect) Note'. Base map data source Is Black Hawk County. This map does not represent a survey, no liability Is assumed for the accuracy of the data delineated herein. either expressed or implied by Black Hawk County. the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. UN of Waterloo, Iowa 0 15 30 CCt W+E Penn 1 AO of ')Q7 wy� Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District School District 891326178016 617W1STST WATERLOO IA 50701 N/A ORIGINAL PLAT WATERLOO WEST NE 35 FT LOT 6 BLK 35 (Note: Not to be used on legal documents) 202400003787 (9/14/2023) 0 R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood CWTLO-03 Owner information Deed CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Address Change Form Mail To CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Link to the Address Change Form Sales Date Seller 1/13/2017 BIERMAN,CHRIS IRA 4/21/2016 REHL,CASEY DION 1/20/2014 JOHNSTON,KENT R 2/22/2001 SECRETARY OF VETERANS AFFAIRS 5/15/1997 9/4/1996 6/1/1993 Show Deed/Contract now Deed/Contract Land Buyer Recording KURTZ,ANDREW 2017- 00013228 BIERMAN,CHRIS IRA 2016- 00018031 REHL,CASEY DION 2014- 00014055 COUNTRYWIDE HOME 677-498 LOANS Sale Condition - NUTC IMPROVEMENTS OR DEMOLITION AFTER JANUARY 1 OF THE YEAR OF THE SALE BUT... SALE WITH CONSIDERATION PAID FOR REAL PROPERTY OF $10,000 OR LESS NORMAL SALE TO/BY GOVERNMENT - PRIOR 09 325-372 SALE TO/BY GOVERNMENT - PRIOR 09 655-490 SALE BY LENDING INSTITUTION OF PROPERTY ACQUIRED AS RESULT OF ... - PRIOR 09 306-698 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 Lot Dimensions Regular Lot: 35.00 x 60.00 Lot Area 0.05 Acres;2,100 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Multi Type Parcel Amount Contract $15,000.00 Deed $6,000.00 Contract $30,000.00 Deed $16,627.00 Contract $18,102.00 Deed $20,374.00 Contract $32,500.00 Page 163 of 292 Residential Dwelling Occupancy Style Architectural Style Year Built Exterior Material Total Gross Living Area Attic Type Number of Rooms Number of Bedrooms Basement Area Type Basement Area Basement Finished Area Plumbing Central Air Heat Fireplaces Porches Decks Additions Garages Valuation Single -Family / Owner Occupied 2 Story Frame N/A 1909 Wd Lap 1,304 SF None; 6 above; 0 below 3 above; 0 below Full 572 1 Standard Bath; Yes Yes 1S Frame Enclosed (144 SF); 2 Story Frame (80 SF); Classification + Assessed Land Value + Assessed Improvement Value + Assessed Dwelling Value = Gross Assessed Value Exempt Value = Net Assessed Value Exemptions Code E86 Taxation Description CITY PROPERTY + Taxable Land Value + Taxable Improvement Value + Taxable Dwelling Value = Gross Taxable Value Military Exemption Homestead 65+ Exemption = Net Taxable Value x Levy Rate (per $1000 of value) = Gross Taxes Due Ag Land Credit Family Farm Credit Homestead Credit Disabled and Senior Citizens Credit Business Property Credit = Net Taxes Due Tax History Year 2023 2022 2021 2020 2020 2020 Due Date March 2025 September 2024 March 2024 September 2023 March 2023 September 2022 March 2022 September 2021 March 2022 September 2021 March 2022 September 2021 2024 Residential $3,260 $0 $3,650 $6,910 ($6,910) $0 Amount 6,910 2023 Residential $3,260 $0 $3,650 $6,910 $0 $6,910 2022 Residential $3,260 $0 $3,540 $6,800 $0 $6,800 2021 Residential $3,260 $0 $3,540 $6,800 $0 $6,800 2020 Residential $3,260 $0 $3,930 $7,190 $0 $7,190 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 $1,511 $1,782 $1,765 $1,839 $0 $0 $0 $0 $1,692 $1,935 $1,916 $2,217 $3,203 $3,717 $3,681 $4,056 $0 $0 $0 $0 $o $o $o $o $3,203 $3,717 $3,681 $4,056 43.12949 40.18730 39.49908 40.15223 $138.14 $149.38 $145.40 $162.86 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.00 $o.00 $o.00 $o.00 $0.00 $0.00 $0.00 $0.00 $138.14 $149.38 $145.40 $162.86 Amount $69 $69 $75 $75 $73 $73 $0 $4 $4 $11 $81 $81 Paid No No Yes Yes Yes Yes No Yes Yes Yes Yes Yes Date Paid 8/15/2022 8/15/2022 6/20/2022 6/20/2022 6/20/2022 6/20/2022 6/20/2022 Receipt 618156 542811 414582 339809 339809 339809 Page 164 of 292 Year Due Date Amount Paid Date Paid Receipt 2019 March 2021 $80 Yes 11/10/2020 226570 September 2020 $80 Yes 11/10/2020 2019 March2021 $0 No 226570 September 2020 $2 Yes 11/10/2020 2018 March2020 $81 Yes 11/10/2020 050928 September 2019 $81 Yes 4/7/2020 2018 March2020 $0 No 050928 September 2019 $7 Yes 4/7/2020 2018 March2020 $5 Yes 11/10/2020 050928 September2019 $0 No 2018 March2020 $0 No 050928 September 2019 $7 Yes 4/7/2020 2017 March 2019 $14 Yes 4/7/2020 050928 September 2018 $22 Yes 4/7/2020 2017 March 2019 $80 Yes 4/7/2020 050928 September 2018 $80 Yes 4/7/2020 2017 March 2019 $14 Yes 4/7/2020 050928 September 2018 $22 Yes 4/7/2020 2017 March2019 $0 No 050928 September 2018 $4 Yes 4/7/2020 2017 March2019 $0 No 050928 September 2018 $4 Yes 4/7/2020 2016 March 2018 September 2017 2016 March 2018 September 2017 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches $443 Yes 4/16/2018 050928 $443 Yes 4/16/2018 $7 Yes 4/16/2018 050928 $47 Yes 4/16/2018 $0 No 050928 $4 Yes 4/16/2018 Page 165 of 292 Sketch by %um...camavisian.com Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 09/23/2021 Sales by Neighborhood Sales by Subdivision Distance: L 1500 Feet To: 2S FR 8 [80] 10 26 29 B FR [MAIN] [572] 22 1S FR EP 8 [144] 18 09/23/2024 Sales by Distance Page 166 of 292 Neighbor's driveway to remain (protect) Neighbor's attached garage to remain (protect) Public sidewalk to remain (protect) Overhead utilities to remain (protect) Note. Base map data source Is Black Hawk County. This map does not represent a survey, no liability Is assumed for the accuracy of the data delineated herein. either expressed or implied by Black Hawk County. the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the Information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. UN of Waterloo, Iowa 0 15 30 CCt W+E Page 167 of 292 Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891323477012 200 E MULLAN AVE WATERLOO IA 50703 N/A ORIGINAL PLAT WATERLOO EAST SW 15 FT NW 107 FT LOT 7 BLK 9 NW 107 FT LOT 10 BLK 9 (Note: Not to be used on legal documents) 202400008058 (12/20/2023) 0 C - Commercial (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 941311- WATERLOO LOGAN UR TIF AMD1 WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood *DOWNTOWN WA-E Owner information Deed CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Address Change Form Mail To CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Link to the Address Change Form Sales Date Seller Buyer Recording Sale Condition - NUTC 12/8/2023 A LINE VENTURES L C CITY OF WATERLOO 2024- SALE TO/BY GOVERNMENT/EXEMPT 00008058 ORGANIZATION 10/25/2005 NICHOLS,HAROLD A LINE VENTURES L 2006-10831 VACANT BUILDINGS - PRIOR 09 C 10/4/2001 KIES ELECTRIC SUPPLY NICHOLS,HAROLD 680-625 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 Deed INC Show Deed/Contract Show Deed/Contract Land Lot Area 0.18 Acres ;8,025 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Commercial Buildings Total GBA 600 SF Building 1: Shop, C'BlkorTile -8"/Stucco onC'BIk,1Story, Built -1940,600SF, Bsmt-0SF, HVAC - No HVAC, Roof - 3-Ply Compo/ Wood Deck Adjustments: Heat - none, 600 SF Plumbing - no whse(LS), 1 SF Building Extras: #1- Door, O.H. - Door - Manual, 10 Ft Wide, 9 Ft High, 1940, Qtyl Yard Extras #1- (1) Paving - Concrete 2,000 SF, Concrete Parking, Average Pricing, Built 1940 Permits Permit # WA 2652 Date 10/19/2000 Description Demo/Rmvl Multi Type Parcel Amount Deed $7,000.00 Deed $19,600.00 $24,000.00 Amount 0 Page 168 of 292 Valuation 2024 2023 2022 2021 2020 Classification Commercial Commercial Commercial Commercial Commercial + Assessed Land Value $20,750 $20,750 $14,450 $14,450 $14,450 + Assessed Improvement Value $3,170 $3,170 $4,790 $4,790 $4,790 + Assessed Dwelling Value $0 $0 $0 $0 $0 Gross Assessed Value $23,920 $23,920 $19,240 $19,240 $19,240 Exempt Value $0 $0 $0 $0 $0 Net Assessed Value $23,920 $23,920 $19,240 $19,240 $19,240 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $9,616 $7,897 $13,005 $13,005 + Taxable Improvement Value $1,469 $2,618 $4,311 $4,311 + Taxable Dwelling Value $0 $0 $0 $0 = Gross Taxable Value $11,085 $10,515 $17,316 $17,316 Military Exemption $0 $0 $0 $0 Homestead 65+ Exemption $0 $0 $0 $0 = Net Taxable Value $11,085 $10,515 $17,316 $17,316 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 Gross Taxes Due $478.09 $422.57 $683.97 $695.28 Ag Land Credit $0.00 $0.00 $0.00 $0.00 Family Farm Credit $0.00 $0.00 $0.00 $0.00 Homestead Credit $0.00 $0.00 $0.00 $0.00 Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 Business Property Credit $0.00 $0.00 ($272.60) ($259.50) = Net Taxes Due $478.09 $422.57 $411.37 $435.78 Tax History Year Due Date 2023 March 2025 September 2024 2022 March 2024 September 2023 2021 March 2023 September 2022 2020 March 2022 September 2021 2019 March 2021 September 2020 2018 March 2020 September 2019 2017 March 2019 September 2018 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Amount Paid Date Paid Receipt $239 No 644808 $239 Partial 7/24/2024 $211 Yes 12/20/2023 505785 $211 Yes 9/29/2023 $206 Yes 3/23/2023 435456 $206 Yes 9/15/2022 $218 Yes 3/21/2022 336108 $218 Yes 9/21/2021 $350 Yes 3/23/2021 206363 $350 Yes 9/28/2020 $342 Yes 3/24/2020 046455 $342 Yes 9/26/2019 $347 Yes 3/19/2019 046455 $347 Yes 9/13/2018 $349 Yes 3/14/2018 046455 $349 Yes 9/21/2017 Page 169 of 292 Sketches Sketch by vnrx.carnavision.carn Map 30 B1-1S CBLK [600] 20 Page 170 of 292 Approach to remain (protect) Decorative concrete to remain (protect) Overhead utilities to remain (protect) Decorative concrete to remain (protect) 100 Commercial St Overhead utilities to remain (protect) Public sidewalk to remain (protect) Note: Base map data source Is Black Hawk County. This map does not represent a survey, no liability Is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Haunt County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk Countyis Office for complete and accurate information. UN of Waterloo, Iowa 0 15 30 yot W-+E Page 171 of 292 Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR 0 Pts Class 891326202020 District TIF District School District 100 COMMERCIAL ST WATERLOO IA 50701 N/A ORIGINAL PLAT WATERLOO WEST LOT 5 BLK 11 EXC THAT PART DESC AS BEGAT NLY MOST CORNER LOT 5 TH S 49 DEG 01 MIN 49 SEC E 24.17 FT TH S 40 DEG 55 MIN 08 SEC W 3.07 FT TH N 49 DEG 04 MIN 52 SEC W 24.18 FT TH N 41 DEG 07 MIN 39 SEC E 3.09 FT TO POB (Note: Not to be used on legal documents) 202300015785 (5/25/2023) C - Commercial (Note: This is for assessment purposes only. Not to be used for zoning.) 940001 -WATERLOO CITY/WATERLOO SCH 941041- WATERLOO RIVERFRONT UR TIF WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood *DOWNTOWN WA-W Owner information Deed WATERLOO DEVELOPMENT CORPORATION 360 WESTFIELD AVE SUITE 200 WATERLOO IA 50701 Address Change Form Mail To WATERLOO DEVELOPMENT CORPORATION 360 WESTFIELD AVE SUITE 200 WATERLOO IA 50701 Link to the Address Change Form Sales Date Seller Buyer 5/23/2023 RITTER,GARY C WATERLOO DEVELOPMENT CORP Show Deed/Contract Show Deed/Contract Land Recording Sale Condition - NUTC Multi Type Parcel Amount 2023-00015786 ADJOINING OR ADJACENT PROPERTIES Deed Y $210,000.00 O Show There are other parcels involved in one or more of the above sales: Lot Area 0.19 Acres ;8,326 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Commercial Buildings TotalGBA 1,176SF Building 1: Service Station w/Bays, C'BIk or Tile - 8", 1 Story, Built - 1959, 1176 SF, Bsmt - 0 SF, HVAC - Suspended Unit Heater (Gas), Roof -Tar and Gravel/ Wood Dk Adjustments: Office - internal w/heat only, 140 SF Plumbing: 1- Toilet Room 1- Lavatory Building Extras: #1- Door, O.H. - Door - Manual, 10 Ft Wide, 10 Ft High, 1959, Qty2 Yard Extras #1- (1) Paving - Concrete 400 SF, Concrete Parking, Average Pricing, Built 1959 #2 - (1) Paving - Asphalt 4,700 SF, Asphalt Parking, Average Pricing, Built 1959 #3 - (1) Paving - Concrete 2,000 SF, Concrete Parking, Average Pricing, Built 1992 #4 - (1) Sign Poles (Wood and Steel) 10 LF, 10' Steel, 0 Diameter, Built 1959 Page 172 of 292 Permits Permit # Date Description Amount WA 00296 03/05/2008 Furnace 1,850 WA 2543 09/24/2001 Ext-Remodel 200 2139 10/22/1993 Ext-Remodel 1,400 Valuation 2024 2023 2022 2021 2020 Classification Commercial Commercial Commercial Commercial Commercial + Assessed Land Value $49,960 $49,960 $24,980 $24,980 $24,980 + Assessed Improvement Value $42,260 $42,260 $25,170 $25,170 $25,170 + Assessed Dwelling Value $0 $0 $0 $0 $0 = Gross Assessed Value $92,220 $92,220 $50,150 $50,150 $50,150 Exempt Value $0 $0 $0 $0 $0 = Net Assessed Value $92,220 $92,220 $50,150 $50,150 $50,150 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $23,153 $13,652 $22,482 $22,482 + Taxable Improvement Value $19,584 $13,755 $22,653 $22,653 + Taxable Dwelling Value $0 $0 $0 $0 = Gross Taxable Value $42,737 $27,407 $45,135 $45,135 Military Exemption $0 $0 $0 $0 Homestead 65+ Exemption $0 $0 $0 $0 Net Taxable Value $42,737 $27,407 $45,135 $45,135 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 Gross Taxes Due $1,843.23 $1,101.41 $1,782.79 $1,812.27 Ag Land Credit $0.00 $0.00 $0.00 $0.00 Family Farm Credit $0.00 $0.00 $0.00 $0.00 Homestead Credit $0.00 $0.00 $0.00 $0.00 Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 Business Property Credit $0.00 $0.00 ($710.54) ($676.39) Net Taxes Due $1,843.23 $1,101.41 $1,072.25 $1,135.88 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March 2025 $922 No 630422 September 2024 $922 Yes 9/20/2024 2022 March2024 $551 Yes 4/17/2024 551232 September 2023 $551 Yes 9/27/2023 2022 March 2024 $4 Yes 4/17/2024 551232 September 2023 $0 No 2022 March2024 $8 Yes 4/17/2024 551232 September 2023 $0 No 2021 March2023 $536 Yes 3/27/2023 451413 September 2022 $536 Yes 9/26/2022 2020 March 2022 $568 Yes 3/28/2022 345133 September 2021 $568 Yes 9/28/2021 2019 March 2021 $559 Yes 3/30/2021 222547 September 2020 $559 Yes 9/28/2020 2018 March2020 $564 Yes 3/30/2020 100927 September 2019 $564 Yes 9/26/2019 2017 March 2019 $559 Yes 4/1/2019 100927 September 2018 $559 Yes 9/26/2018 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Page 173 of 292 Sketches 28 131-1S C'BLK [1176] 42 Sketch by www.carnavisbn.corn Map Page 174 of 292 Available parking lot for staging or vehicle parking Abutting property at 118 Sycamore is near zero lot line, but will be demolished as well in near future 128 Sycamore St Billboards (two) to remain (protect) Overhead utilities to remain (protect) Approach to be removed Public sidewalk to remain (protect), sawcut edge II Remove pole (former sign) Remove private walk Newly planted trees (4) to remain (protect) Note: Base map data source Is Black Hawk County. This map does not represent a survey, no liability Is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Haunt County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the Information shown on this map, and expressly disclaims liability for the accuracy thereof Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk Countyis Office for complete and accurate information. UN of Waterloo, Iowa 0 15 30 Feet WE Page 175 of 292 Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891323479002 128 SYCAMORE ST WATERLOO IA 50703 N/A ORIGINAL PLAT WATERLOO EAST SE 90 FT LOT 1 BLK 8 SE 90 FT LOT 4 BLK 8 (Note: Not to be used on legal documents) 202300016702 (6/13/2023) 0 C - Commercial (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 941041- WATERLOO RIVERFRONT UR TIF WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood *DOWNTOWN WA-E Owner information Deed WATERLOO DEVELOPMENT CORPORATION 360 WESTFIELD AVE SUITE 200 WATERLOO IA 50701 Address Change Form Mail To WATERLOO DEVELOPMENT CORPORATION 360 WESTFIELD AVE SUITE 200 WATERLOO IA 50701 Link to the Address Change Form Sales Date Seller Buyer 5/31/2023 D AND S BUILDING WATERLOO CO INC DEVELOPMENT CORP 6/10/1987 Show Deed/Contract Show Deed/Contract Land Recording Sale Condition - NUTC 2023- PROPERTY WITH DUAL CLASSIFICATION/SALE OFTWO 00016702 OR MORE PARCELS WITH ... 593-05 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 Deed O Show There are other parcels involved in one or more of the above sales: Lot Area 0.25 Acres;10,800 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Commercial Buildings Total GBA Building 1: 8,100 SF Warehouse (Storage), C'Blk or Tile - 8", 1 Story, Built - 1948, 8100 SF, Bsmt - 0 SF, HVAC - Combination FHA - AC /Suspended Unit Heater (Gas), Roof - Metal/ Stl/ Insul (=> 100' Wide) Adjustments: Office -internal with Heat &A/C,1388 SF Mezzanine - open storage/Whse/wd,1388 SF Office - internal w/heat only, 96 SF Partition C'BIk (8") - P.S.F.S.A., 896 SF Plumbing: Building Extras: 2 -Toilet Room #1- Door, O.H. - Door - Power, 12 Ft Wide, 14 Ft High, 1948, Qty1 #2- Door, O.H. - Door - Manual, 9 Ft Wide, 7 Ft High, 1948, Qty1 #3- DRYWALL PARTITION, Quantity=560.00, Units=SFSA, Height=14, 1948, Qty1 Yard Extras #1- (1) Paving - Asphalt 1,500 SF, Asphalt Parking, Average Pricing, Built 1980 #2 - (1) Sign Poles (Wood and Steel) 15 LF, 15' Steel, 0 Diameter, Built 1980 Multi Type Parcel Amount Deed Y $185,000.00 $75,000.00 Page 176 of 292 Permits Permit # Date Description Amount WA 10388 12/31/2010 Furnace 2,082 WA 00026 02/11/2009 Furnace 1,900 WA 05541 08/18/2008 Misc 1,500 WA 01477 04/25/2008 Misc 2,500 Valuation 2024 2023 2022 2021 2020 Classification Commercial Commercial Commercial Commercial Commercial + Assessed Land Value $32,400 $32,400 $21,600 $21,600 $21,600 + Assessed Improvement Value $164,320 $164,320 $178,320 $178,320 $178,320 + Assessed Dwelling Value $0 $0 $0 $0 $0 = Gross Assessed Value $196,720 $196,720 $199,920 $199,920 $199,920 Exempt Value $0 $0 $0 $0 $0 = Net Assessed Value $196,720 $196,720 $199,920 $199,920 $199,920 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $18,375 $13,712 $19,440 $19,440 + Taxable Improvement Value $93,188 $113,192 $160,488 $160,488 + Taxable Dwelling Value $0 $0 $0 $0 = Gross Taxable Value $111,563 $126,904 $179,928 $179,928 Military Exemption $0 $0 $0 $0 Homestead 65+ Exemption $0 $0 $0 $0 = Net Taxable Value $111,563 $126,904 $179,928 $179,928 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 Gross Taxes Due $4,811.66 $5,099.93 $7,106.99 $7,224.51 Ag Land Credit $0.00 $0.00 $0.00 $0.00 Family Farm Credit $0.00 $0.00 $0.00 $0.00 Homestead Credit $0.00 $0.00 $0.00 $0.00 Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 Business Property Credit $0.00 $0.00 ($2,832.51) ($2,696.40) Net Taxes Due $4,811.66 $5,099.93 $4,274.48 $4,528.11 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March 2025 $2,406 No 644835 September 2024 $2,406 Yes 9/20/2024 2022 March 2024 $2,550 Yes 4/17/2024 505813 September 2023 $2,550 Yes 9/27/2023 2022 March2024 $38 Yes 4/17/2024 505813 September 2023 $0 No 2022 March 2024 $4 Yes 4/17/2024 505813 September 2023 $0 No 2021 March 2023 $2,137 Yes 3/24/2023 435483 September 2022 $2,137 Yes 9/26/2022 2020 March2022 $2,264 Yes 4/4/2022 308521 September 2021 $2,264 Yes 10/1/2021 2019 March2021 $2,227 Yes 4/2/2021 273304 September 2020 $2,227 Yes 10/2/2020 2018 March 2020 $2,247 Yes 5/4/2020 046480 September 2019 $2,247 Yes 10/3/2019 2017 March 2019 $3,606 Yes 4/2/2019 046480 September 2018 $3,606 Yes 10/4/2018 2016 March 2018 $3,628 Yes 4/3/2018 046480 September 2017 $3,628 Yes 10/4/2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Page 177 of 292 Sketches Sketch by vnrx.carnavision.carn Map OFF C'BLI�, PART DRY PART 100 MEZZ OFF 61-1S CBLK [8100] 81 Page 178 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Demolition and Site Clearance Services, Contract No. D-2024-10-04P, RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The properties in question were acquired by the City, and have been tested and abated for asbestos, and are now ready to be demolished. The properties include: 105 E 11th St (part of the former lumberyard), 114 E 10th St (former Andrews Auto), 100 E 9th St a.k.a. 105 E 10th St (former Crystal Ice building), and 1202 Sycamore St (a single family home). NEIGHBORHOOD IMPACT The demolition activity will have a positive impact on the neighborhoods by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate $400,000. Source of funds: Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 179 of 292 ATTACHMENTS 1. Bid Tabulation - Demolition Services D2024-10-04P 2. Demolition RFB Contract D-2024-10-04P 3. E 10th St Area Demo Aerial Page 180 of 292 Demolition and Site Clearance Services Contract No. D-2024-10-04P October 24, 2024 Bidder Bid Security Bid Amount Dore & Associates, Inc. Bay City, MI 5% $314,300.00 D.W. Zinser Co. Walford, IA 5% $198,000.00 Midwest Demolition Contractors, Inc. Walford, IA 5% $283,940.00 Hatch Grading & Contracting Dysart, IA 5% $448,100.00 Lehman Trucking & Excavating, Inc. 5% $384,085.00 Waterloo, IA Benton's Sand & Gravel Cedar Falls, IA 5% $214,470.10 Page 181 of 292 CITY OF WATERLOO, IOWA OF WAr,,A AF 4. oa ah..... -71 O 0 ,, 4.,.. • . 7b►1 Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos -containing materials (no RACM)] October 2024 RFB Demolition and Site Clearance Services Contract D-2024-10-04P 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 10th St), and 1202 Sycamore St City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 182 of 292 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 services Contract D-2024-10-04P for the properties at 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 10th St), and 1202 Sycamore St. 1.1 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 October 24, 2024, 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 should be marked as noted below, and include the name of the company submitting the bid. RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: Demolition and Site Clearance Services (Non-RACM) Demolition Contract D-2024-10-04P October 3, 2024 There will not be a mandatory walk thru Thursday October 24, 2024, at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (NO-RACM) DEMOLITION CONTRACT D-2024- 10-04P. City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) E-mail Address: aric.schroeder@waterloo-ia.org Phone: Phone: 319-291-4366 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 111h St, 114 E 10`h St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 2 of 27 Page 183 of 292 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, October 24, 2024, 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 Channel. 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 award. The awarding of the Contract is anticipated to be at the City Council meeting on Monday, November 4, 2024. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on November 4, 2024, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 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 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 is required. 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 Contractor shall provide certificate of insurance having the City of Waterloo and Waterloo Development Corporation as additional insured. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11'h St, 114 E 10`h St, 100 E 9`h St (a.k.a. 105 E 10'h St), and 1202 Sycamore St. Page 3 of 27 Page 184 of 292 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 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 and Waterloo Development Corporation will be named as 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 bid 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 the 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". RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11'h St, 114 E 10ih St, 100 E 9`h St (a.k.a. 105 E 10'h St), and 1202 Sycamore St. Page 4 of 27 Page 185 of 292 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for six (6) months, anticipated to be from November 4, 2024 to May 2, 2025. 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. City's Project Manager may administratively approve up to four (4) one (1) week time period renewals. Further renewals will require approval of the City Council as an amendment to the Contract. 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 and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB 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 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; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11'h St, 114 E 10ih St, 100 E 9`h St (a.k.a. 105 E 10'h St), and 1202 Sycamore St. Page 5 of 27 Page 186 of 292 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 Invoices for 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 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 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. 3.2.4 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 demolition and site clearance services (no- RACM) for: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 10th St), and 1202 Sycamore St. 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: Contract: D-2024-10-04P: 105 E 11'h St, 114 E 10ih St, 100 E 9`h St (a.k.a. 105 E 10'h St), and 1202 Sycamore St. Page 6 of 27 Page 187 of 292 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. This Contract includes four properties, including: 105 E 11th St (1 story building that was the dock bays for the former lumberyard building that has already been demolished), 114 E 10th St (1 story commercial building, former Andrews Auto), 100 E 9th St which is also known as 105 E 10t" St (2 story commercial building, former Crystal Ice building), and 1202 Sycamore St (2 story home). Please note: All properties have been abated for asbestos containing material (ACM). 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. 4.3 There will not be a mandatory walkthrough for this project. Bidders are advised/encouraged to make their own inspections of the properties prior to bid submittal. The Planning Department is not in possession of a key for most of the properties. We do have a key for 114 E 10th St, but all should be accessible without keys. If needed, keys can be checked out from the Planning Department. The properties may be partially boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you remove to attempt to maintain security. Please Note: Some of the properties are in very poor condition and may require careful methods (such as an extension ladder) to reach basements or upper levels. Use caution when entering the properties. Enter at your own risk. 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11'h St, 114 E 10ih St, 100 E 9`h St (a.k.a. 105 E 10'h St), and 1202 Sycamore St. Page 7 of 27 Page 188 of 292 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. SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, directors, employees and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11'h St, 114 E 10ih St, 100 E 9`h St (a.k.a. 105 E 10'h St), and 1202 Sycamore St. Page 8 of 27 Page 189 of 292 the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11'h St, 114 E 10ih St, 100 E 9`h St (a.k.a. 105 E 10'h St), and 1202 Sycamore St. Page 9 of 27 Page 190 of 292 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 sites are, not to exceed: 105 E 11th Street $ 114 E 10th Street $ 100 E 9th Street (a.k.a. 105 E 10th Street) $ 1202 Sycamore 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 191 of 292 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES — (NO-RACM) DEMOTION CONTRACT D-2024-10-04P 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 10th St), and 1202 Sycamore St PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/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 (except for any trees specifically noted to remain on the attached aerial photos of each site), structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences (except as noted to remain on the attached aerial photos of each site), 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), 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. 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 (except see Special Provisions for 105 E 11th St). G. Perform site clearance, grading, restoration and erosion control. H. Remove and replace sidewalk and paving as required. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 11 of 27 Page 192 of 292 I. 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 or Sidewalk Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to submit a traffic control plan to the appropriate City authority 48 hours in advance of any lane or road closures indicating the area of closure and the signs and traffic control devises to be used to set up the closure. Adequate barricades and warning signs will be placed as required by the City. 2. If sidewalks are to be closed during demolition, submit a sidewalk closure plan that meets the ADA requirements to the Waterloo Engineering Department 48 hours prior to the scheduled closure. Contractor shall install necessary signing and barricades according to the approved closure plan. 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 or vertical openings wider than four 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 dust 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 12 of 27 Page 193 of 292 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/Explosives: No fires of any kinds will be permitted in the demolition work area. No explosives 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 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. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 10th St), and 1202 Sycamore St. Page 13 of 27 Page 194 of 292 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. 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. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. The Contractor shall, if necessary, obtain a sidewalk repair permit issued by the City of Waterloo Engineering Department, which fee will be waived. The Contractor shall obtain all necessary work in right- of-way permits. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 14 of 27 Page 195 of 292 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in Part 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 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. 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 $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, and its officials, officers, directors, employees and agents, shall be named as additional insured on the third -party salvager's general liability insurance policies and certificates of insurance RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 15 of 27 Page 196 of 292 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, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. All basement areas and below grade excavation areas are 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 areas 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 do provide indication for presence of basements and approximate areas. 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. 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 (except as otherwise specifically noted or as directed by the City's Representative). 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 16 of 27 Page 197 of 292 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. As an old farmhouse, 1318 Martin Road is presumed to have a septic tank. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Deparliilent 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 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 the Contract. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 17 of 27 Page 198 of 292 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. Asbestos Abatement: The structures have been tested and abated for asbestos containing materials (ACM). Contractor shall notify the City's Representative if asbestos is discovered in the demolition process. No further work will be allowed until the asbestos has been removed by a licensed contractor. F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil or sand 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. 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. All backfill shall be adequately compacted so as to minimize soil settling. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 18 of 27 Page 199 of 292 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 straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, electricity, natural gas, cable television, phone and interne. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 19 of 27 Page 200 of 292 (except for 105 E 11th St, see Special Provisions). 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 (except for 105 E l lth St, see Special Provisions). 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. Storm Sewer: Disconnect all sump pump and area drain connections to the storm sewer system. Notify the Waterloo Engineering Department for inspection of the disconnection prior to placing backfill material. D. Backfill and Compaction: 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. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 20 of 27 Page 201 of 292 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, and all hazards removed. 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 pick up any oil spilled from loading or hauling vehicles. 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) RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 21 of 27 Page 202 of 292 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 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 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. 2.17 SPECIAL PROVISIONS - 105 E 1 lth St: This property was a former lumberyard, and previously had a building demolished, but the remaining building was the "dock bays" for the lumberyard. The remaining building is built zero lot line (is abutting/connecting) to the property at 114 E 10th St, which building is also included in this demolition contract. See attached aerial photo. The "yard" area of this property between the remaining building and E 11th St is being used as a "lay down" area for a contractor working to replace the 11 th Street bridge. This portion of the property will not be accessible to the demolition Contractor, and the building to be demolished must be accessed from the rear (the west), after 114 E 10th Street is demolished. Contractor is not responsible for any sewer disconnect or water disconnect or kills for this property, and the City of Waterloo will take care of those disconnects as part of the street reconstruction for the bridge. - 114 E 10th St: This property was the former Andrew's Auto Supply. The building sits near zero lot line on all four sides, but the City owns abutting land on all for sides that can be used, except that the property to the southeast (105 E l lth St) has most of the yard area being used by the contractor reconstructing the 1 lth St Bridge as a "lay down" area, and Contractor will need to keep all demolition activity out of the "lay down" area. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 22 of 27 Page 203 of 292 - 100 E 9th St (a.k.a. 105 E 10th St): This property was a former Crystal Ice building. All trees on this property are to be removed. The property extends from the right-of-way of E 9th St to the right-of-way of E 10th St, and has driveway approaches and driveways to be removed along both E 9th St and E 10th St. See attached aerial photo for "cut line" for where the driveway and pavement areas for the abutting privately owned property at 106 E 9th St will remain (protect). 1202 Sycamore St: This was a single-family home. All trees on this property are to be removed, except for the two street trees between the sidewalk and the street along E 10th St which are to remain (protect). Driveway approach to Sycamore is to be removed. All fencing to be removed. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 23 of 27 Page 204 of 292 Exhibit "C" CONTRACT D-2024-10-04P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 105 E l lth Street, 114 E 10th Street, 100 E 9th Street (a.k.a. 105 E 10th Street), and 1202 Sycamore Street This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of November 4, 2024 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. Term and Services. For the period of November 4, 2024 thru May 2, 2025, 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, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. 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. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 24 of 27 Page 205 of 292 that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. 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. 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 Contract. 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, directors, 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, and its officials, officers, directors, 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 25 of 27 Page 206 of 292 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. 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 26 of 27 Page 207 of 292 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 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 CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-04P: 105 E 11th St, 114 E 10th St, 100 E 9th St (a.k.a. 105 E 101h St), and 1202 Sycamore St. Page 27 of 27 Page 208 of 292 co Cut Line SYCAMORE ST 1112 Sycamore St Remain (protect) (City property) Public sidewalk to remain (protect) Tree to remove Tree to remain (protect) Remove dock 106 E 9th St Remain (protect) Remove all trees and overgrowth Driveway Remain (protect Remove Driveway Remove pavement 100 E 9th St aka 105 E 10th St Remove_driveway/pavemen WATER ST E 10TH ST Remove driveway SYCAMORE ST 1202 Sycamore Remove fence Remove all trees U) 0 W I I I I I I Bridge Contractor Iaydown area, n;o access/use City Property - may be used, but access from west only Approx. limit of laydown area Construction Area - No Access Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no wananty, express or Implied, as to the accuracy of the information shown on this map. and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. Citti of Waterloo, Iowa 0 15 30 ®Feet Pa 209 of 2 2 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Agreement with Iowa Northland Regional Council of Governments to utilize city property for transit vehicle parking near 1325 Black Hawk Street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This land use agreement will allow INRCOG to park transit vehicles on city -owned property near 1325 Black Hawk Street. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION That part of Lots 2, 3, 4 & 5, Black 64, Anthony Baker's Addition, City of Waterloo, Iowa, lying Southwesterly of the Southwesterly toe of the Cedar River Levee. ATTACHMENTS Page 210 of 292 1. INRCOG Property Use Agreement Page 211 of 292 PROPERTY USE AGREEMENT This Property Use Agreement is entered into by and between the City of Waterloo, Iowa, ("City") and Iowa Northland Regional Council of Governments ("INRCOG"). WHEREAS, City owns real property at Black Hawk Street, identified as parcel no. 8913- 25-330-003 and legally described as set forth on Exhibit "A" attached hereto (the "Property"); and WHEREAS, the parties desire to allow for INRCOG's use of the Property on the terms set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 1. Use of Property. INRCOG is hereby authorized to use the southerly half of the Property for parking of transit vehicles that INRCOG uses in its operations and personal vehicles of employees and agents making use of the transit vehicles. INRCOG shall not conduct any other activities upon the Property. INRCOG agrees that use of the Property by INRCOG, its officers, employees and agents, is at their sole risk. INRCOG shall also, at its sole expense, spray the premises as needed to maintain weed control and maintain the existing rock ground cover to ensure even coverage. 2. Improvements. INRCOG may, at its sole expense, replace existing fencing with a taller fence of similar make and materials, from six (6) to eight (8) feet in height. INRCOG is prohibited from making any permanent modifications to the Property or other improvements to the Property without the express written consent of City, and any modifications, improvements and fixtures shall become the property of City upon installation, without compensation to INRCOG. 3. Security. City shall obtain a 911 address for the Property. City shall install security cameras at the Property at its own expense, but City shall provide no dedicated security or other security for the Property. 4. Rent. In consideration of the cooperative relationship between the parties, INRCOG shall pay no rent to City for the rights and privileges granted herein. 5. Insurance. During the term of this Agreement and at INRCOG's expense, INRCOG shall procure and maintain combined single limit liability, bodily injury, and property damage insurance in the amount of not less than $ I,000,000 per occurrence. City shall have no duty to insure the personal property of INRCOG, its officers, employees or agents, or to replace same in the event of any loss or damage from any cause whatever. Coverage shall extend to acts or occurrences occurring in or upon the Property or surrounding premises that are related to INRCOG's actions or business. City shall be named as an additional insured on any such policy, and the policy shall include a waiver of subrogation. The policy shall provide for at least 30 days' prior written notice to City before cancellation of any policy. INRCOG shall provide proof of insurance to City upon execution of this Agreement and annually thereafter upon City's request. Page 212 of 292 6. Indemnification by INRCOG. INRCOG agrees to indemnify, defend and hold harmless the City of Waterloo, Iowa, its officers, elected officials, employees, and agents (collectively, "City Parties"), from and against any and all claims, demands, causes of action, costs, expenses, fines, fees, penalties, losses, damages or liabilities or any type or nature whatsoever, including but not limited to reasonable attorneys' fees and expenses, that arise from or in connection with use of the Property and all related activities of or by INRCOG, its officers, directors, employees, and agents (collectively, "INRCOG Parties"), except to the extent attributable to the gross negligence or willful misconduct of a City Party. This paragraph shall survive the expiration or termination of this Agreement for any reason. 7. Indemnification by City. City agrees to indemnify, defend and hold harmless the INRCOG Parties from and against any and all claims, demands, causes of action, costs, expenses, fines, fees, penalties, losses, damages or liabilities or any type or nature whatsoever, including but not limited to reasonable attorneys' fees and expenses, that arise from or in connection with the gross negligence or willful misconduct of a City Party. This paragraph shall survive the expiration or termination of this Agreement for any reason. 8. Term and Termination. The term of this Agreement shall commence upon execution of the Agreement by both parties and shall continue until and including December 31, 2026. The term shall be automatically extended on a year-to-year basis thereafter unless either party provides at least 60 days' advance written notice to the other party of its intent to terminate. In addition, City may terminate this Agreement at any time upon 90 days' advance written notice to INRCOG if City needs the Property for development purposes. 9. Assignment and Subletting. The rights granted to INRCOG in this Agreement are personal to INRCOG, and INRCOG may not sublet or assign this Agreement or any interest in the Property without the prior written consent of City. 10. Relationship of Parties. 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 parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 11. General Terms. This Agreement is the entire agreement of the parties with respect to the subject matter hereof, superseding all prior or contemporaneous discussions, understandings, promises or agreements between the parties. It may be amended only by a written instrument signed by both parties. This Agreement is binding on the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Property Use Agreement by their duly authorized representatives as of the last date of signature below. [signatures on next page] 2 Page 213 of 292 CITY OF WATERLOO, IOWA IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Date: 3 oon, Executive Director Date: /D " 11/ Page 214 of 292 EXHIBIT "A" Property Description That part of Lot 3, Block 64, Anthony Baker's Addition, City of Waterloo, Iowa, lying Southwesterly of the Southwesterly toe of the Cedar River levee. Page 215 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving a Farm Lease Agreement beginning March 1, 2025, and expiring February 28, 2026, with Lanehaven Farms, Inc., to farm approximately 70.25 acres of land located east of 4719 Ansborough Avenue at $300.00 per acre for annual rental payment of $21,075.00, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for a farm lease agreement beginning March 1, 2025 and expiring February 28, 2026, with Lanehaven Farms, Inc. to farm approximately 70.25 acres of land located east of 4719 Ansborough Avenue at $300.00 per acre for annual rental payment of $21,075.00. The rental payment shall be due no later than December 1st. This land is part of the area known as the South Waterloo Business Park and Lanehaven Farms has farmed all the land in the past. The reduction in acreage is due to the City conveying land to PWM Companies, who plan to develop the land north of this area in the proposed lease. Also, land used for grass waterways and non -tillable land near the adjacent communications tower is deducted from the acreage. The date does say an expiration of February 28, 2026, but, if the City does not provide an official notice to terminate the lease before September 1, 2025, the lease rolls over into another year, and it is part of the State Code of Iowa that lessees shall be notified before that date. NEIGHBORHOOD IMPACT No negative impact is anticipated, as Lanehaven Farms, Inc. has farmed this land for nearly 14 years. DATA, ANALYSIS, AND STRATEGIES According to farm rental rates data from Iowa State University, the average price per acre between high and medium quality land in Black Hawk County is $321. The proposed rental rate appears to be a fair amount. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 216 of 292 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION That part of Parcel "G" of the Southwest Quarter of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, as shown on the Plat of Survey recorded in File number 2019-00009242 in the Black Hawk County Recorder's Office, more particularly described as follows: Commencing at the Center of said Section 9, also being a point on the east line of said Parcel "G"; thence S00°26'04"W along the easterly line of said Parcel "G", 70.34 feet to the point of beginning; thence departing the easterly line of said Parcel "G" N89°10'03"W, 321.75 feet; thence S00°49'57"W, 408.17 feet; thence N89°10'03"W, 1166.98 feet; S00°49'57"W, 468.17 feet; thence N89°10'03"W, 766.04 feet to the west line of said Parcel "G"; thence S00°18'39"W along said west line, 665.93 feet; thence continuing along said west line S00°20'27"W, 405.21 feet to the southwest corner of said Parcel "G"; thence S89°50'32"E along the south line of said Parcel "G", 1928.69 feet; thence continuing along said south line S89°50'46"E, 330.05 feet to the southeast corner of said Parcel "G"; thence N00°26'04"E along the east line of said Parcel "G", 1920.86 feet to the point of beginning. Described tract of land contains 73.95 Acres. ATTACHMENTS 1. Farm Lease Agreement 2. Survey Page 217 of 292 Iowa Farm Cash Lease This agreement is made the day of , between City of Waterloo hereinafter called the landlord and whose address for the purposes of this lease is 715 Mulberry Street, Waterloo, IA 50703 , and Lanehaven Farms, Inc. hereinafter called the tenant and whose address for the purposes of this lease is 7502 Hammond Ave, Waterloo, IA 50701 SECTION I. DESCRIPTION OF FARM In consideration of the rent specified below, the landlord hereby leases to the tenant the farm of 70.25 acres, more or Tess, known as the L&H Development Farm, located in Black Hawk County, State of Iowa. The description of the farm is as follows: Parcel "I" of the Southwest Quarter of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, as shown on the Plat of Survey recorded in File Number 2024-00019659 in the Black Hawk County Recorder's office, and more particularly described as follows: That part of Parcel "G" of the Southwest Quarter of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, as shown on the Plat of Survey recorded in File number 2019-00009242 in the Black Hawk County Recorder's Office, more particularly described as follows: Commencing at the Center of said Section 9, also being a point on the east line of said Parcel "G"; thence S00°26'04"W along the easterly line of said Parcel "G", 70.34 feet to the point of beginning; thence departing the easterly line of said Parcel "G" N89°10'03"W, 321.75 feet; thence S00°49'57"W, 408.17 feet; thence N89°10'03"W, 1166.98 feet; S00°49'57"W, 468.17 feet; thence N89°10'03"W, 766.04 feet to the west line of said Parcel "G"; thence S00°18'39"W along said west line, 665.93 feet; thence continuing along said west line S00°20'27"W, 405.21 feet to the southwest corner of said Parcel "G"; thence S89°50'32"E along the south line of said Parcel "G", 1928.69 feet; thence continuing along said south line S89°50'46"E, 330.05 feet to the southeast corner of said Parcel "G"; thence NOO°26'04"E along the east line of said Parcel "G", 1920.86 feet to the point of beginning. Described tract of land legally contains 73.95 Acres. Deduction of grassed waterways and non -tillable land near the radio tower results in a net tillable area for purposes of this Farm Lease of 70.25 Acres. SECTION II, LENGTH OF THE LEASE Subject to the terms hereof, the length of the lease is from March 1, 2025 , through the last day of February 2026 , and continuing thereafter from year to year until either party gives written notice to the other before September 1 to terminate the lease on the last day of the next February. EARLY TERMINATION; Compensation to Tenant. Notwithstanding anything to the contrary in this Section II, Tenant agrees that the landlord may terminate this agreement, as to any part or all of the premises, upon sixty (60) days' advance written notice if the landlord needs the use of the premises for its own purposes, including but not limited to a third -party economic development purpose, and tenant hereby expressly waives any rights under Iowa law that may require the giving of a different notice of termination or the giving of notice of termination by a specific date. Tenant hereby acknowledges and agrees that it takes and uses the premises subject to the risk of early termination, and tenant hereby Page 218 of 292 agrees to assume said risk. Tenant may terminate this agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department. As consideration for tenant's agreement to allow early termination as set forth in the preceding paragraph, landlord agrees that upon early termination, if there are crops still in the ground at the effective date of termination and not suitable for harvesting, landlord will compensate tenant as follows: a. Corn. For corn of any variety that has been planted but not harvested, a sum equal to the product of (A x P x Y x 1.1), where A is the number of tillable acres on which a corn crop is growing, P is the Iowa average calendar year cash corn price per bushel as most recently reported by Iowa State University Extension and Outreach or its successor office ("ISU"), and where Y is the 10-year average corn yield for Black Hawk County as most recently reported by Isu. b. Soybeans. For soybeans of any variety that have been planted but not harvested, a sum equal to the product of (A x P x Y x 1.1), where A is the number of tillable acres on which a soybean crop is growing, P is the Iowa average calendar year cash soybean price per bushel as most recently reported by ISU, and where Y is the 10-year average soybean yield for Black Hawk County as most recently reported by ISU. If any report or resource referred to in the preceding paragraphs is no longer published or available at the time that crop -loss damages are calculated, landlord may substitute any other report or resource that it considers appropriate in its reasonable discretion. SECTION III. AMOUNT OF RENT The tenant will pay to the landlord as rent for the above -described farm annual cash rent totaling $21,075 or $300 per tillable acre for all cropland in the above -described farm. In computing the cash rent the acres used shall be determined by FSA measurement. The cash rent shall be due and payable as follows: (Date) December 1 , (Amount) $21,075.00 of each lease year. SECTION IV. OTHER PROVISIONS 1. Care of Property. Tenant agrees to do what is reasonably necessary to control soil erosion including, but not limited to, providing labor and normal farm equipment for the maintenance of existing watercourses, waterways, ditches, drainage areas, terraces and tile drains, and abstaining from any practice which will cause damage to the premises. Tenant agrees to use reasonable efforts to control weeds in fields, fence rows, road ditches, building lots, and all other areas of the premises. 2. No Hunting. Tenant shall not hunt nor permit any other person to hunt on the premises. If tenant becomes aware of trespassers on the premises, it will instruct them to leave immediately. 3. Indemnity. Tenant hereby agrees to indemnify and hold harmless landlord, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, fines, fees, penalties, costs, damages or liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising from or in any way related to the negligent acts or 2 Page 219 of 292 omissions or intentional misconduct of tenant, its employees, contractors and agents, upon or about the premises. 4. Insurance. Tenant shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of tenant, its employees and agents, and shall protect the landlord against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the premises during the term of this agreement. 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 landlord no later commencement of the lease term. A renewal certificate shall be provided to the landlord prior to expiration of any policy. The landlord shall provide no Insurance for the property or activities of the tenant, its agents or employees. 5. Chemicals. Tenant shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Tenant shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the premises. Chemicals used on the premises shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the premises. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Tenant shall immediately notify landlord of any chemical discharge, leak, or spill which occurs on the premises. Further, tenant shall employ all means appropriate to ensure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Tenant shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Tenant shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the premises. Solid waste may not be disposed of on the premises. No underground storage tanks shall be placed or maintained on the premises. After termination, tenant shall remain liable for violations which occurred during the term of this agreement. 6. No Sublease or Assignment. Tenant shall not lease or sublet any part of the premises nor assign this agreement to any other person without the prior written permission of the landlord. 7. Condition at End of Term. Tenant agrees that on termination of the agreement, tenant will yield possession of the premises to landlord without further demand or notice, in as good order and condition as at the beginning of the term of this agreement. Loss or damage by forces beyond tenant's control and ordinary wear and tear are excepted. 8. Access. Tenant shall permit landlord, its employees, contractors and agents, access to the premises, upon reasonable advance notice, for purposes of inspection and testing in connection with proposed economic development. 9. Miscellaneous. This agreement contains the entire agreement between the parties, and no provisions hereof may be in any manner modified or waived, except by written instrument duly signed by both parties. This agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 Page 220 of 292 IN WITNESS WHEREOF, the parties have executed this Iowa Farm Cash Lease by their duly authorized representatives as of the date first set forth above. THE CITY OF WATERLOO, IOWA, A MUNICIPAL CORPORATION By: Quentin M. Hart, Mayor By: Kelley Felchie, City Clerk L & H FARMS, LTD. By: LANEHAVEN FARMS, INC., Partner g ,arge-1. n Blake G. of is. Manager Blake G. ollis, Manager 4 Page 221 of 292 DRAWING PATH: P:\2023000814\04-Drawings\Survey\2023000814 Boundary Base.dwg PLOT DATE: 08/27/2024 6:45 PM PLOTTED BY: STEVE ZIMMERMAN INDEX LEGEND City: Waterloo County: Black Hawk Section 9-Township 88 North -Range 13 West / Parcel "G" Aliquot Part: SW1/4 Proprietor: City of Waterloo Requested by: OPUS Surveyor: Stephen L. Zimmerman II Company: McClure Prepared by and return to: Stephen L. Zimmerman II 335 SE Oralabor Road Ankeny, Iowa 50021 / 515-512-1361 This Plat of Survey has been reviewed by the City of Waterloo Signature f City Ordinance Aockistrator 4\/20 Date MEASURED LINE TABLE LINE # DIRECTION LENGTH L1 NO3°19'26"W 112.93' L2 N06°09'25"W 50.54' L3 NOO°45'55"E 6.74' L4 N89°03'32"W 24.17' L5 NOO°25'49"E 35.96' L6 N88°22'52"E 6.97' L8 N00°19'16"E 85.27' L9 N05°03'10"E 64.52' L10 NO2°47'31"W 100.12' L13 NO2°55'19"W 87.54' RECORD LINE TABLE LINE # DIRECTION LENGTH R20 S03°46'45"E 88.08' R22 N04°13'00"W 112.35' R23 N06°55'40"W 50.59' R24 N00°28'52"E 6.73' R25 N89°54'17"W 24.08' R26 NOO°41'06"W 36.02' R27 N87°44'54"E 6.97' R28 N04°15'57"E 64.47' PARCEL "I" AREA SUMMARY: Section 9-T88N-R13W SW1/4 - 73.84 Acres L5 R26 ACQUISITION PLAT 2012-12497 W1/4 CORNER 9-88-13 X-CUT CC NO. 2024-9353 L6 R27 L4 R25 L3 R24 70.66' N88°39'31"E - 70.62' (R) N04°36'28"E W 100.29' (M) f:4 rzq YPC 17340 N05°02'49"E 70.23' (M) N04°10'55"E 70.20' (R) J 73 O • NOO°18'59"E 499.95' (M) • NO3°29'49"E 100.29' (R) NO3°24'18"W 100.12' (R) CC ti co S88°56'01"W 317.21' (R) S89°46'48 "W 317.18' (M) PARCEL"C" ONNER: CUTLER, DARRON P. TING: A-1, AGRICULTURAL i L PARCEL "I" LEGAL DESCRIPTION: That part of Parcel "G" of the Northwest Quarter, the Southwest Quarter, and the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, as shown on the Plat of Survey recorded in File number 2019-00009242 in the Black Hawk County Recorder's Office, more particularly described as follows: Commencing at the Center of said Section 9; thence SOO°26'04"W along the east line of said Southwest Quarter, also being the east line of said Parcel "G", 60.00 feet to the point of beginning; thence S89°56'10"W, 338.51 feet; thence SOO°26'04"W, 408.02 feet; thence S89°56'10"W, 1,166.04 feet; thence SOO°26'04"W, 468.02 feet; thence S89°56'10"W, 756.17 feet to the west line of said Parcel "G"; thence SOO°19'16"W along said west line, 641.21 feet; thence SOO°20'27"W continuing along said west line, 405.21 feet to the southwest corner of said Parcel "G"; thence S89°50'32"E along the south line of said Parcel "G", 1,928.69 feet to the northwest corner of Parcel 'F', of said Southwest Quarter of said Section 9, as shown on the Plat of Survey recorded in File number 2013-7386 in the Black Hawk County Recorder's Office; thence continuing along the south line of Parcel "G", being coincident with the north line of said Parcel 'F', S89°50'46"E, 330.05 feet to the northeast corner of said Parcel 'F', also being the southeast corner of said Parcel "G"; thence departing said north line of Parcel 'F', NOO°26'04"E along the east line of said Parcel "G", 1,931.19 feet to the point of beginning. Described tract of land contains 73.84 Acres. PT. SW QUARTER OWNER: CUTLER, DARRON P. ZONING: A-1, AGRICULTURAL PT. SW QUARTER OWNER: BRAINARD, RONALD E. ZONING: A-1, AGRICULTURAL S00°19'16"W 641.21' (M) S00°20'27"W 405.21' PLAT OF SURVEY PARCEL "I" S W 1 /4-S9-T88N-R1 3W EST QUARTER NORTNW OWNER: CITY OF WATERLOO ZONING: B-P, BUSINESS PARK DISTRICT S89°56'10'W 2648.02' (M) SOUTH LINE NORTHWEST QUARTER S89°06'09"W 2577.88' (R) S89°56'10"W TN E 13 WEST 9 �P $$ NOR RANG SECTION ?GWNSN S00°26'04"W 0 0 z SW CORNER PARCEL"G" 756.17' S89°56'10"W N CO 1166.04' EST QUARTER SOUTHW OWNER: CITY OF WATERLOO ZONING: B-P, BUSINESS PARK DISTRICT S89°18'46"W 1928.61' (R) PARCEL "I" 73.84 AC PARGa CENTER OF SECTION 9-T88N-R13W STONE CC NO. 2022-24199 P.O.C. PARCEL "I" 338.51' WEST LINE NORTHEAST QUARTER FOUND 1" CLIP PIN 0.7' EAST & 0.1' SOUTH OF SECTION CORNER CC NO. 2016-9567 SEE SURVEY NOTE 2 S89°03'04"W 679.63' (R) S00°26'04 "W S89°56'10"W GN D_ S00°23'45"E 1991.09' (---OPC 12265 NW CORNER PARCEL 'F' OF SW1/4 S89°17'58"W 330.00' (R) ST QUARTER EAST LINE SOUTW S89°50'32"E 1928.69' OWNER: JAMES L. GRADY TRUST ZONING: A-1, AGRICULTURAL SURVEY NOTES: 1 )Basis of bearings was established from GNSS observations. The horizontal datum used is the Iowa Regional Coordinate System Zone 5, NAD83(2011), (EPOCH2O10.00). 2 )A granite stone was called out as the Center of Section in an 1889 survey by John Ball, a 1976 survey by IDOT, and a 2022 survey by VJ Engineering. McClure recovered said granite stone in June, 2024 as part of a Plat of Survey. Said granite stone is in line with the remnants of the ancient north -south fence separating the Southwest Quarter and Southeast Quarter. A 1" clip pin was called out as the Center of Section in an acquisition plat filed in Document No. 2006-18278, a Plat of Survey filed in Document No. 2013-07386, a corner certificate filed in Document No. 2016-9567, and a Plat of Survey filed in Document No. 2019-9242. Based upon historical ownership and occupation, how the aforesaid plats are tied into said Center of Section, and any bona -fide rights that may be affected thereby, the granite stone was accepted as the Center of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian. 3) The purpose of this survey is to create a parcel for conveyance. 4) The unadjusted error of closure for the boundary is less than 1 in 10,000. PT SW QUARTER OWNER: CITY OF WATERLOO ZONING: A-1, AGRICULTURAL S89°50'46"E 330.05' (M) PARCEL 'F', SW1/4 FILE NO. 2013-73861 OWNER: MIDAMERICAN ENERGY ZONING: A-1, AGRICULTURAL S89°54'07"W 680.34' (M) P.O.B. \ S00°26'04"W PARCEL "I" 60.00' NOO°26'04"E 1931.19' PT SOUTHEAST QUARTER OWNER: WOLFE, JOH R. ZONING: A-1, AGRICULTURAL AST QUARTER SOUTHE PT SOUTHEAST QUARTER OWNER: JAMES L. GRADY TRUST ZONING: A-1, AGRICULTURAL OPC 12265 NE CORNER PARCEL 'F' SE CORNER PARCEL "G" I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESS! AL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. STEP 3' ZIMMEFFR N II DATE MY LI • NSE REN EWAL DATE IS DECEMBER 31, 2024 PAGES OR SHEETS COVERED BY THIS SEAL: SHEET 01 DATE SURVEYED: 6/17/2024 NORTH 0 38 75 150 (IN FEET) 1 inch = 150 ft. SOUTH LINE NORTHEAST QUARTER ENGINEER LL SURVEYOR SLZ DRAWN BY SLZ CREW CHIEF AF SHEET NO. 01/01 PARCEL "I" PLAT OF SURVEY REVISIONS WATERLOO, IOWA BLACK HAWK COUNTY SEC. 9-88-13 2023000814 8/202/2024 I MCCLURET" making lives better. 335 SE Oralabor Road Ankeny, Iowa 50021 515-512-1361 Page 222 of 292 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving a Development Agreement with Kent Dierks for the construction of a new commercial building with a tax rebate schedule of fifty percent for five years, and a Minimum Assessment Agreement of $574,720.00, located at 3169 West Airline Highway, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The dimensions of the new building are 60'x126', 7,560 square feet, and will add nearly $300,000.00 in value to the property. Rebates for the project are set for five years at fifty percent for the added value of the property, and the Minimum Assessment will be $574,720.00. NEIGHBORHOOD IMPACT This is another project of continued growth near the Waterloo Regional Airport. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES East Waterloo Unified TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel "F" of Plat of Survey filed October 11, 2013, as Doc. No. 2014-8122, being a part of Lots 4 and 5, "South Port Second Addition," City of Waterloo, Black Hawk County, Iowa. Page 223 of 292 ATTACHMENTS 1. Development Agreement 2. Aerial Map Page 224 of 292 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024 by and between Kent Dierks (the "Developer") and the City of Waterloo, lowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan area ("Urban Renewal Area"). B. Developer is willing and able to finance and erect structures and related improvements on property legally described on Exhibit "A" attached hereto (the "Property") located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, 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. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Developer owns the Property. Developer will undertake the Project (defined below) upon the Property. Page 225 of 292 2. Improvements by Developer. Developer shall construct on the Property a commercial building of no Tess than 7,500 square feet, as well as related landscaping, storm water detention, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 3. Developer agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Property, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Developer submit specific building designs and site plans for City review and approval. Developer 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 any of the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Construction Plans. Developer agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Developer agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Developer shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Developer shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Developer of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Developer's Plans or Modified Plans fail to conform to 2 Page 226 of 292 the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Developer shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Construction; Possibility of Termination. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to offer the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Developer must begin construction of the Improvements and Substantially Complete construction within twelve (12) months after the date of this Agreement (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed pursuant to the Plans or Modified Plans to the extent necessary for City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. B. Events triggering termination. If Developer does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 17, and City shall then have no further obligation under this Agreement. In any circumstance where Developer's progress on the Project fails to meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months 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 any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 3 Page 227 of 292 5. Utilities. Developer 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. 6. Minimum Assessment Agreement. Developer acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Developer further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $574,720.00 (the "Minimum Actual Value"), through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) 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. Developer agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 7. Tax Rebates. Provided that Developer has completed Substantially Completed the Improvements before the Completion Deadline, and subject to the other terms of this Agreement, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Five 50% rebate each year for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value of $262,320. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Developer has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Developer must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of 4 Page 228 of 292 $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such improvements or a partial Fiscal Year. As an example of the above provision, in the event all Improvements on the Property are Substantially Completed prior to January 1, 2025 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2025 assessed value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one- half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could be applied for after March 31, 2027 and prior to April 1, 2028. 8. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Developer as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 7 hereof, City shall have no obligation to make a payment of a Rebate to Developer if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Developer, as contemplated under Section 7 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or 5 Page 229 of 292 otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Developer. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Developer under the terms of Section 7, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Developer. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 9. Conditions to City Funding, A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Developer if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Developer each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the expansion of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Developer in Section 12 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. 6 Page 230 of 292 (ii) Developer shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Developer, or a substantial decrease in the financing commitments secured by Developer for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Developer will be unable to fulfill its covenants and obligations under this Agreement. 10. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows with respect to each phase of Improvements: A. Developer 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 the Improvements are Substantially Completed, Developer 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 Developer with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date Developer 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. Developer 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 Developer. E. Until the MAA termination date Developer will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Developer agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any 7 Page 231 of 292 amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Developer 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 and any amendments thereto. G. Until the MAA termination date Developer 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 Developer'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. Developer shall pay, or cause to be paid, when due, al! real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Developer 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 Developer, 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. 11. 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. 12. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. 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. 8 Page 232 of 292 B. This Agreement has been duly and validly executed and delivered by Developer 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 Developer 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. C. 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 any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. There are no actions, suits or proceedings pending or threatened against or affecting Developer 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 Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. E. The financing commitments, which Developer will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Developer to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 13. Indemnification and Releases. A. Developer 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 arising after Developer's lease or acquisition of the same 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 Developer 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, Developer agrees to protect and 9 Page 233 of 292 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 Developer 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. 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 Developer agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Developer agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% 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. Developer 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 Developer under this Agreement. Notwithstanding the foregoing, Developer may mortgage the Property to a lender as security for financing of Project improvements, but for no other purpose. 16. 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 Developer to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 10 Page 234 of 292 B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City except as authorized by Section 15 or otherwise as security for financing of Project improvements; C. Failure by Developer to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Developer (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Property. F. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer 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. 17. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer 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 Developer 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 Developer before the date of termination as set forth in this Agreement. 11 Page 235 of 292 B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer 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 Developer 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. 18. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 19. Performance by City. Developer 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. 20. 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. 21. 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: 12 Page 236 of 292 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at 1885 260th Street, Denver, Iowa 50622. 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) four (4) 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. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. 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. 24. 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. 25. 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. 26. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have 13 Page 237 of 292 been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 27. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 29. 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. 30. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk DEVELOPER C� Kent` 14 Page 238 of 292 EXHIBIT "A" Legal Description of Property Parcel "F" of Plat of Survey filed October 11, 2013, as Doc. No. 2014-8122, being a part of Lots 4 and 5, "South Port Second Addition," City of Waterloo, Black Hawk County, Iowa. Page 239 of 292 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2024, by and among the CITY OF WATERLOO, IOWA ("City"), KENT DIERKS ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Developer pursuant to the Development Agreement, 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 Minimum 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 Minimum Improvements by Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Developer as a part of the Project shall not be Tess than $574,720.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 240 of 292 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, 2034. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Developer shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Developer or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Developer agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Developer (not limited to the statutory remedies for unpaid taxes) and that Developer shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Developer agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) 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, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 241 of 292 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, lowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. 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. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 242 of 292 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) DEVELOPER On this day of , 2024, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of 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 Dierks. TIM ANDERA COMMISSION NO. 772518 MY COMMISSION EXPIRES APRIL 11, 2027 Notary Public 2024 by Kent 4 Page 243 of 292 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum 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 described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Five Hundred Seventy -Four Thousand Seven Hundred Twenty and 00/100 Dollars ($574,720.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2024 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 244 of 292 AIRLINE HWY. RUNE . 4iRL NE HWY 940041 SOUTH PORT 2NDADDIT1ON PART OF LOTS4AND 5 DESCAS BEGAT NE COR SAID LOT4TH ALONG E LUNE SAID LOT E 2255 FTTH N {Note: Not to be used on legal documents; Alternate I Dn.'a Class C Acreage nia Owner Addressf I E RKS, KENT 1885 260TH ST DENVER, IA 50622 17 Page 245 of 292 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving a Project Demolition Agreement with Iowa Heartland Habitat for Humanity for the demolition of properties located at 512 Almond Street and 222 Randall Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve. SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo and Iowa Heartland Habitat for Humanity have worked together in the past, and intend to continue working together on the redevelopment of properties, and have entered into development agreements pertaining to the redevelopment of 512 Almond Street and 222 Randall Street, and are proposing to enter into a Project Demolition Agreement, that would provide for the City to let and oversee contracts for asbestos testing, asbestos abatement, and for demolition of the two Habitat for Humanity owned properties. The City of Waterloo is responsible to pay for the demolition activity per the approved development agreements. This Project Demolition Agreement provides for the City and City contractors to have access to complete the project, and indemnifies and holds the City harmless. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuisance Abatement Bonds or TIF funds ALTERNATIVE ACTION Page 246 of 292 LEGAL DESCRIPTION ATTACHMENTS 1. City -Habitat project demo agt Habitat signed 2. 512 Almond St Aerial 3. 222 Randall Aerial Page 247 of 292 PROJECT DEMOLITION AGREEMENT This Project Demolition Agreement (the "Agreement") is entered into effective as of , 2024, by and between Iowa Heartland Habitat for Humanity ("Company") and the City of Waterloo, Iowa ("City"). RECITALS A. Company and City have worked together, and intend to continue working together, on a project to complete asbestos testing, asbestos abatement, and undertake demolition of Company -owned properties, including 512 Almond Street and 222 Randall Street (the "Project"). In connection with undertaking the Project, the City will enter into certain contracts for asbestos testing, asbestos abatement, demolition, and related matters. B. The parties desire to enter this Agreement to express their continued desire to work together for advancement of the Project on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. City Responsibility. City will let one or more contracts (the "Contracts") for professional services needed for the Project. City will utilize competitive bidding procedures as prescribed by Iowa law; will comply with all other laws or regulations which may apply to its activities in carrying out the Project; and will comply with all terms, covenants, and conditions of the Contracts. City agrees to cooperate with Company in good faith on all future decisions regarding Project specifications and to consult with Company from time to time regarding Project status. City will oversee all Project activities, will review and approve all requests for payment from Project contractors, and will issue payment to the requestor in timely fashion (subject to any contractual or other rights to audit, protest, or deny payment). 2. Company Responsibility. Company has reviewed, or before award shall review, the Contracts. Company agrees to allow the City of Waterloo, its officials, officers, employees, contractors and agents, to enter the Project properties to complete the Project, and agrees to indemnify and hold harmless the City, its officials, officers, employees, contractors and agents (the "indemnified parties"), with respect to any and all claims for injuries, death, property damage, property loss or otherwise arising from or in connection with the acts or omissions of the indemnified parties in carrying out the Project, except those claims arising out of the negligent acts or omissions or willful misconduct of the indemnified parties or non-compliance or violation of applicable law by an indemnified party. Company agrees to cooperate with City in good faith on all future decisions regarding Project specifications. Page 248 of 292 3. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: COMPANY Iowa Heartland Habitat for Humanity 803 W 5th Street Waterloo, Iowa 50702 Attn: Executive Director CITY City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Attn: Aric Schroeder Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 4. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 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. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Project Demolition Agreement by their duly authorized representatives as of the date first set forth above. IOWA HEARTLAND HABITAT FOR HU ITY CITY OF WATERLOO, IOWA By: By: Quentin Hart, Mayor Title: X 0 G4--cA-k\-2 41,%C-tar Attest: Kelly Felchle, City Clerk 2 Page 249 of 292 ALMOND ST 512 Almond St Mal Note: Base map data source is Black Hawk County. This map does not represent a survey. no liability is assumed for the actuary of the data delineated herein, eXher expressed or Implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty. express or Implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 512 Almond Street D.�no ')G11 of 000 222 Randall St RANDALL ST Note: Base map data source is Black Hawk County. This map does not represent a survey. no liability is coed for the accuracy of the data delineated herein, eXher expressed or Implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty. express or Implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 222 Randall Street 0 10 20 30 Feet Deno ')I1 of 909 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving an Encroachment Agreement with Danielle White, to allow for a fence, gazebo, and swing set on city -owned property in the "R-2" One -and Two -Family Residence District and "A-1" Agricultural District located south of 601 Cedar Bend Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting an encroachment agreement to install a fence, gazebo, and swing set on city -owned property. The fence will be 4' tall and will effectively add approximately 5,800 square feet to the applicants' yard area. The applicant has stated that the fence will be constructed to be partially removable, using post supports that would go into the ground, allowing fence panels to be taken out with securing bolts at the base. The fence may be constructed with chain -link or wood paneling. The applicant is requesting to fence in the area as an extension of their yard and keep their young children safe. The swing set will be anchored to the ground and the gazebo will be placed on runners to make it moveable. The applicant is interested in purchasing the area, however the area was purchased as part of the flood control levee system, and Engineering has indicated that the area can not be sold, but they are okay with an encroachment agreement as long as the improvements stay at least 15 feet away from the toe of the levee. The request was unanimously approved by the Planning, Programming, and Zoning Commission at their regular meeting on October 8, 2024. NEIGHBORHOOD IMPACT The request for an Encroachment Agreement would not appear to have a negative impact on the surrounding neighborhood as the area is behind the flood control levee and the encroachment can be removed if needed. DATA, ANALYSIS, AND STRATEGIES Page 252 of 292 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION A part of Government Lot No. 3, in the Northwest'/4 of Section 15, Township 89 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, lying within the following described boundaries: Beginning at a point on the West line of Cedar Bend Street which point is 75 feet South of the intersection of the North line of Lot "G" in "Cedar Dale", extended Westerly, with the West line of Cedar Bend Street; thence North along the West line of Cedar Bend Street a distance of 135 feet; thence due West a distance of 200 feet; thence South 60 feet to a point which is 200 feet West of the Point of Intersection of said North line of Lot "G", extended Westerly, with the West line of Cedar Bend Street; thence West to the Northeasterly bank of the Cedar River; thence Southeasterly along the the Northeasterly bank of the Cedar River to a point which is due West of the point of beginning thence East to the point of beginning, except that part retained by the City of Waterloo, Iowa, described as follows: A part of the Government Lot No. 3, in the Northwest'/4 of Section 15, Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, lying within the following described boundaries: Beginning at a point on the West line of Cedar Bend Street which point is 75.0 feet South of the intersection of the North line of Lot "G" in "Cedar Dale", extended Westerly with the West line of Cedar Bend Street; thence North along the West line of Cedar Bend Street a distance of 13.63 feet; thence deflecting to the left at an angle of 90 degrees 56'20" a distance of 106.62 feet; thence deflecting to the right at an angle of 90 degrees 01'50" a distance of 121.96 feet to a point which is 108.51 feet due West on a point of the West line of Cedar Bend Street which is 60.0 feet North of the intersection of said North line of Lot "G", extended Westerly, with the West line of Cedar Bend Street; thence due West a distance of 91.49 feet; thence South 60.0 feet to a point which is 200 feet West of the point of intersection of said North line of Lot "G", extended Westerly, with the West line of Cedar Bend Street; thence West to the Northeasterly Bank of the Cedar River to a point which is due West of the point of beginning; thence East to the point of beginning. ATTACHMENTS 1. Council Packet 2. Signed EA 3. Exhibit A Page 253 of 292 October 8, 2024 REQUEST: Request by Danielle White for an Encroachment Agreement to allow for a fence, gazebo, and swingset on city -owned property in the "R-2" One- and Two -Family Residence District and "A-1" Agricultural District located south of 601 Cedar Bend Street. APPLICANT(S): Danielle White, 601 Cedar Bend St, Waterloo, IA 50703 GENERAL The applicant is requesting an encroachment agreement to DESCRIPTION: install a fence, gazebo, and swingset on city owned property south of 601 Cedar Bend Street within the flood control area. IMPACT ON The request for an Encroachment Agreement would not NEIGHBORHOOD & appear to have a negative impact on the surrounding SURROUNDING neighborhood as the area is behind the flood control levee LAND USE: and the encroachment can be removed if needed. VEHICULAR & The request for an Encroachment Agreement would not PEDESTRIAN appear to have a negative impact on vehicular or pedestrian TRAFFIC traffic in the area. CONDITIONS: The site is located along the westerly side of Cedar Bend Street about 570 feet to the south of the intersection of Cedar Bend Street and Virginia Street. Cedar Bend Street is considered a collector street. There is a no sidewalk along Cedar Bend Street. RELATIONSHIP TO The Cedar Valley Lakes Trail abuts the area in question to the RECREATIONAL southwest. TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY A portion of the site is zoned "R-2" One and Two Family FOR SITE AND Residence District and has been zoned as such since it was IMMEDIATE VICINITY: rezoned from "U-1" Unclassified District on December 10, 1990. The other portion of the site in question is zoned "A-1" Agricultural District and has been zoned as such since it was rezoned from "U-1" Unclassified District on June 15, 1998. The surrounding land uses and their zoning are as follows: North and East— Single family homes, zoned "R-2" One and Two Family Residence District West and South — Greenspace and the Cedar River, zoned "A-1" Agricultural District. BUFFERS The request does not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed encroachment area would not appear to have a negative impact on drainage. DEVELOPMENT The area is composed of single-family homes constructed HISTORY: between 1918 and 1949. Encroachment Agreement — S of 601 Cedar Bend St Page 1 of 4 9 Page 254 of 292 October 8, 2024 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND -USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: The encroachment area is not located within a special flood hazard area according to the 2024 Flood Insurance Administration's Flood Insurance Rate Map. The site is located within Zone X, which is protected by the levee. Lincoln Elementary School is located approximately 0.35 miles to the southeast and George Washington Carver Academy is located approximately 1.47 miles to the east of the encroachment area. Tibbets Park is located approximately 0.18 miles to the north of the site in question. There are overhead utilities and a 24" drain tile located along the westerly side of Cedar Bend Street. The Future Land Use Map designates this area as Parks, Open Spaces, Schools, Hospitals, Government Facilities, Public Areas, and Airport. The request is in conformance with the Future Land Use Map for this area as the area will be used for greenspace. The encroachment area is located within the Primary Growth Area as identified in the City's Comprehensive Plan adopted August 21, 2023. The applicant is requesting an encroachment agreement to install a fence, gazebo, and swing set on city owned property. The fence will be 4' tall and will effectively add approximately 5,800 square feet to the applicants yard area. The applicant has stated that the fence will be constructed to be partially removeable, using post supports that would go into the ground allowing fence panels to be taken out with securing bolts at the base. The fence may be constructed with chain -link or wood paneling. The applicant is requesting to fence in the area as an extension of their yard and keep their young children safe. The swing set will be anchored to the ground and the gazebo will be placed on runners to make it moveable. The applicant is interested in purchasing the area, however the area was purchased as part of the flood control levee system, and Engineering has indicated that the area can not be sold, but they are okay with an encroachment agreement as long as the improvements stay at least 15 feet away from the toe of the levee. Knutson noted that he would send an updated site plan of the allowed encroachment area to update the maps in the packet. Encroachment Agreement — S of 601 Cedar Bend St Page 2 of 4 10 Page 255 of 292 October 8, 2024 STAFF ANALYSIS — SUBDIVISION ORDINANCE: The applicant is not proposing to subdivide the property. Picture 1: The home at 601 Cedar Bend. Picture 2: Looking north at encroachment area toward the home. Encroachment Agreement - S of 601 Cedar Bend St Page 3 of 4 11 Page 256 of 292 October 8, 2024 Picture 3: Looking north along encroachment area with levee to the left. STAFF Therefore, staff recommends that the request by Danielle RECOMMENDATION: White for an Encroachment Agreement to allow for a fence, gazebo, and swing set on city -owned property in the "R-2" One- and Two -Family Residence District and "A-1" Agricultural District located south of 601 Cedar Bend Street, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The proposed structure will not interfere with the levee. Subject to the following conditions: 1. A fully signed and executed encroachment agreement. Encroachment Agreement — S of 601 Cedar Bend St Page 4 of 4 12 Page 257 of 292 City of Waterloo Planning, Programming and Zoning Commission October 8, 2024 W{AK_ ONDA'DR flI W DONALD ST— r ~� A-1 ems— VIRGINIA ST Esri Commu icrosoft, Esri, TomT. • NASA, DQNALD ST AVIS CT JOSEPHINE ST u_• c�. ,Q 11 M-1 Walker St d ----• SREES ST------ A on t tors, Iowa F l �ir2e r�r im : Graph, Ge. •!'llifilsfr:T:frsl nc, .1 1 iP h • : it •5, US Cen5 aile:., ■ .LA, USFWS r n He South of Got Cedar Bend Street Encroachment Agreement Danielle White 13 Pnnr 9cfl of 7r1^_ w �; F '� s a OF '"a l- '�� u��%//Q • "„' IIII//// .-' — mo o ''S 7n,l■� City of Waterloo Planning, Programming and Zoning Commission October 8, 2024 •:.It]fi7U ts, lowd •••I. SaTL'GapFi. CAE = PA. N PS, 5 e37. South of 601 Cedar Bend Street Encroachment Agreement Danielle White 14 Pon!- 9' J1 of 7»1^_ irilkr 0* w r� V 1II� o �'{:;;ri,;;T.,'o 6�S IVO f) Bow EbaW,:tCo.•.yIA x Linkteddasrner0• Gao*Ekx." 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WLATCEFUREF ' y 1',rr'.L it 1, 226i 1 • 521q5655213 T I B 3 II % 0 wi suin Li vrp. 4d i :12Y1 15 Page 260 of 292 Matthew & Danielle White 601 Cedar Bend Street Waterloo, IA 50703 matt50707white@gmail.com 319-830-0105 9/9/2024 Waterloo City Planning & Zoning 715 Mulberry Street Waterloo, IA 50703 Dear Members of the Waterloo City Planning & Zoning Committee, hope this letter finds you well, I am writing to formally request to enter into an encroachment agreement of the south lot adjacent to my property located at 601 Cedar Bend Street. This side lot, which is currently owned by the City of Waterloo and part of a 102+1- acre flood zone control, has a direct impact on the safety, well-being, and overall quality of life for my family, particularly my young children. Allow me to present the key reasons why I am interested in having this land by encroachment agreement that would be in the best interest of both the city and my family. 1. Enhanced Safety for My Children As a parent, the safety of my children is my highest priority. The side lot, being an open, unmanaged space, presents certain risks, particularly with uneven terrain, debris accumulation, and the active presence of strangers that use the area for parking. By being allowed to legally maintain and do as I will with this land, I would be able to ensure that it is maintained as a safe and secure area for my children to play, reducing these risks significantly. Having the ability to properly fence and maintain the lot would allow me to create a private, secure environment that fosters a safer, family -friendly space. Also, being so close to the public school, Lincoln Elementary, we do not need extra cars and strangers parked around the residental neighborhood. This empty lot is known for people parking and leaving for the bike trail. I would like to keep my kids in and others out. 2. Reduction of Maintenance Burden for the City Currently, the City of Waterloo is technically responsible for the upkeep of this lot. We however, do the mowing, removing debris, and other general maintenance tasks that require time and resources.My proposal would be relieving the city of these duties and the associated costs. This would be a small yet meaningful step toward reducing the city's maintenance obligations. There 16 Page 261 of 292 are 3 trees in this area, an unsightly bush and overgrowth and a pile of cement and debris. In my proposal, we would acquire the responsibility to care for this land to beutify. 3. Community Benefit Allowing me to have an encroachment agreement for the side lot to my property would also contribute to the overall aesthetic and residential development of the neighborhood. A well -maintained, privately owned lot would reflect positively on the surrounding community, helping to foster neighborhood pride and encourage further investment by my neighbors. 5. Positive Environmental Impact Once available to be maintained by me, I would have the opportunity to implement environmentally friendly landscaping practices, potentially planting trees and other greenery that could improve air quality and provide shade. This would be a beneficial addition to the local environment and would align with the city's ongoing efforts to promote sustainability and green spaces. 6. My Plan I would like to request the lot in whole, to the red city line on Beacon mapping. I am open to taking and finding the best options.\ I do have a vision for a fence (this being my most important reason) playland/swings and a gazebo. Said fence can be partially removable, using post supports that would go into the ground allowing fence panels to be taken out with securing bolts at the base. This design would still allow the army corps of engineers, city personnel and flood management access to the levy if needed in emergencies. All my landscape ideas would be made in a manner of need, beauty and convenience. I sincerely hope the Zoning and Planning Committee and Waterloo City Council will consider my request and approve an encroachment agreement, understanding the significant benefits that would come from this —not only for my family but for the city and neighborhood as a whole. I am more than happy to discuss this matter further or provide additional details as needed. Thank you for your time and consideration. 1 look forward to your positive response. Sincerely, Matthew White & Danielle White 601 Cedar Bend Street Waterloo, lA 50703 17 Page 262 of 292 4" x 4" x 24" Post Support Model Number: 858654 i Menards ® SKU: 1712808 EVERYDAY LOW PRICE 11' ; RE.13/0I:' Good Through 9/15/24 PRICE AFTER REBATE* • Heavy duty steel • Powder coated finish for long lasting protection • Double sided welds on top box and bottom blades increase product strength and durability View More Information > Ship To Store - Free! Enter your ZIP Code for store information i=lgt View Shipping & Delivery Options Share Description & Documents Specifications Optional Accessories CTAdd o List`r $13.99 $1.54 $ 1 2 ach You Save $'1.54 After Mail -In Rebate* 4" x 4" x 24" Post support is great for fencing, bird houses and any other non-structural application where a 4x4 is required. They install easily in minutes using only a sledgehammer, a block of wood and level. No need to dig holes and no need to set with concrete. 18 Page 263 of 292 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291.4366 ,❑ Offer to Vacate and Purchase City Right -of -Way Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant (Business Name if Applicable: p dell Address: 60 cetkod6RAAI 5 f Phone No. ( 7 ().50-010,5- Email: tM r 0-7 di eaTeri . C061 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 6,n ct Prae-c►6-, sd,ttln o-P 6 0 ( CtotpLAr .eAA-. - S� Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation- One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation - Seventy Five Dollar ($75.00) Filing Fee • Encroachment - One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated - No Fee • Any request not meeting the Sale of Property Policy - One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request wi required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price - Deductions = Value of Property: Offer Price for Entire Area: of be Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate bnd purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reasgn for the request. 1.iMe11e VIit(k2 aVAv`‘k,k Applicant Print Name °I',2 ate *Not required for easement vacates sidewalk vacates or Encroachment Agreements 19 Page 264 of 292 Prepared by: Lexi Schneider, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between Matt and Danielle White, hereinafter "Owners", and the City of Waterloo, Iowa, hereinafter "City" this day of Max(-, 2024. WHEREAS, Owners are the owners of real estate commonly known as 601 Cedar Bend St, Waterloo, Iowa 50703 and legally described as: A part of Government Lot No. 3, in the Northwest 1/4 of Section 15, Township 89 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, lying within the following described boundaries: Beginning at a point on the West line of Cedar Bend Street which point is 75 feet South of the intersection of the North line of Lot "G" in "Cedar Dale", extended Westerly, with the West line of Cedar Bend Street; thence North along the West line of Cedar Bend Street a distance of 135 feet; thence due West a distance of 200 feet; thence South 60 feet to a point which is 200 feet West of the Point of Intersection of said North line of Lot "G", extended Westerly, with the West line of Cedar Bend Street; thence West to the Northeasterly bank of the Cedar River; thence Southeasterly along the the Northeasterly bank of the Cedar River to a point which is due West of the point of beginning thence East to the point of beginning, except that part retained by the City of Waterloo, Iowa, described as follows: A part of the Government Lot No. 3, in the Northwest 1/4 of Section 15, Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, lying within the following described boundaries: Beginning at a point on the West line of Cedar Bend Street which point is 75.0 feet South of the intersection of the North line of Lot "G" in "Cedar Dale", extended Westerly with the West line of Cedar Bend Street; thence North along the West line of Cedar Bend Street a distance of 13.63 feet; thence deflecting to the left at an angle of 90 degrees 56'20" a distance of 106.62 feet; thence deflecting to the right at an angle of 90 degrees 01'50" a distance of 121.96 feet to a point which is 108.51 feet due West on a point of the West line of Cedar Bend Street which is 60.0 feet North of the intersection of said North line of Lot "G", extended Westerly, with the West line of Cedar Bend Street; thence due West a distance of 91.49 feet; thence South 60.0 feet to a point which is 200 feet West of the point of intersection of said North line of Lot "G", extended Westerly, with the West line of Cedar Bend Street; thence West to the Northeasterly Bank of the Cedar River to a point which is due West of the point of beginning; thence East to the point of beginning, hereinafter "Owners Property"; and WHEREAS, Owners are proposing to allow for the placement of a fence, swing set, and gazebo, hereinafter "Encroachment" that will encroach into City property; and WHEREAS, for the benefit of Owners Property, the Owners are requesting to allow said Encroachment within a portion of said City property along Cedar Bend Street as shown on the attached Exhibit "A"; and WHEREAS, the City is willing to allow said Encroachment into said City property as shown on attached Exhibit "A" (hereinafter the "Encroachment Area"), subject to the following agreement regarding each party's rights. THEREFORE IT IS HEARBY AGREED by and between the parties as follows: 1. Owners hereby recognizes and reaffnins said City property, and claim no rights or privileges therein except to the limited extent provided for in this agreement. Page 265 of 292 The City grants Owners the right to place and maintain said Encroachment in said City property, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said right-of-way, expressly recognizing and acknowledging that any damage that occurs to said Encroachment will be the sole risk and expense of the Owners including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs the Encroachment to be temporarily moved for access to said City property, Owners shall move said improvements in the Encroachment Area if present and able, otherwise the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to move said Encroachment and assess any costs for moving against Owners or against Owners Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by Owners, and said Encroachment continues to exist, and that this agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the Owners Property and runs with the land. It is further understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to permanently remove to Owners, and that Owners agree to remove said Encroachment prior to the end of the 60 days notice and termination of this agreement. If Owners fail to remove said Encroachment upon termination of this agreement, Owners authorize the City of Waterloo to remove said Encroachment and assess costs to Owners, or against Owners Property. 4. Owners shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and its officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License Agreement from any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) arising out of the use, maintenance, or removal of said Encroachment. This covenant shall survive the ten nination of this Agreement. 5. This is the entire agreement between the parties with respect to the subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon parties and their respective transferees, successors, heirs, and assigns. Time is of the essence in observing the terms of this agreement. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by thei v ua o .�-d officers as of the date first set forth above. Daniel e White, Owner City of Waterloo: By: Quentin Hart Its: Mayor Attest: Kelley Felchle, City Clerk Page 266 of 292 STATE OF IOWA OWNERS) SS. This instrument was acknowledged before me on this 1,,L day of Opt , 2024, by Matt White and Danielle White as Owners. IOW' EMILY SELIGA Commission Number 849716 My Commission Expires July 27, 2026 Notary Publ STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this day of , 2024, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. Notary Public Page 267 of 292 Exhibit A 601 Cedar Bend Street f Levee chment Area dar Bend South of 6oi Cedar Bend Street Agreement Pnnn 9R9 of 9 1`a N �,c WEncroachment s 0 15 30 60 Feet CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., in an amount not to exceed $667,900.00, to complete engineering and survey work related to the University Avenue Area TIF District projects, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to enter into a professional services agreement with AECOM Technical Services, Inc. to conduct engineering design work and survey work related to multiple projects within the University Avenue Area TIF District. The projects include: • Roundabout at Katoski & Greenhill • Hwy 218 Underdeck lighting • Greenhill Bridge Underdeck lighting • Falls Ave Bridge Demolition • Flower St Storm Sewer Improvements • ROW Vacation for several parcels along the corridor. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 269 of 292 SOURCE OF EXPENDITURES TIF or Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Professional Services Agreement Univeristy Ave Area TIF District Improvements Page 270 of 292 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com UNIVERSITY AVENUE AREA TIF DISTRICT IMPROVEMENT PROJECTS PRELIMINARY AND FINAL DESIGN SERVICES CITY OF WATERLOO, IOWA PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two- year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re - perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 271 of 292 AECOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Liability including third party Bodily Injury and Property Damage Liability and Contractual Liability insurance in a limit of One Million Dollars ($1,000,000) each occurrence and in the aggregate. (c) Business Auto Liability Insurance (owned, non -owned or hired) in a combined single limit of One Million Dollars ($1,000,000). Page 272 of 292 AECOM Page 3 ATS agrees to include CLIENT as Additional Insured on the Commercial General Liability and Business Auto Liability policies, but only to the extent of ATS's negligence under this agreement and only to the extent of the insurance limits specified herein. (d) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above -described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non -renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of Six Hundred Sixty -Seven Thousand Nine Hundred Dollars ($667,900.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared Page 273 of 292 AECOM Page 4 even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third -party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. Page 274 of 292 AECOM Page 5 CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In Page 275 of 292 AECOM Page 6 the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third -party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM TECHNICALS SERVICES, INC By: By: Printed Name: Title: Date: Quentin Hart Printed Name: Michelle M. Sweeney, PE, PTOE Mayor Title: Associate Vice President Date: Page 276 of 292 UNIVERSITY AVENUE AREA TIF DISTRICT IMPROVEMENT PROJECTS PRELIMINARY AND FINAL DESIGN SERVICES CITY OF WATERLOO, IOWA SCOPE OF SERVICES I. PROJECT DESCRIPTION The University Avenue Area TIF District project includes the complete reconstruction of the existing Greenhill Road and Katoski Drive intersection as a roundabout. This will include the removal of the existing traffic signals and replace the existing configuration with a roundabout intersection design, which will improve traffic flow and safety. Reconstruction will include pavement removal, removal of traffic signals, storm sewer modifications, grading, roundabout paving, bicycle and pedestrian improvements, streetlighting, landscaping, and aesthetics. The reconstruction limits on Greenhill Road are approximately from Tunis Circle to South Hackett Road and on Katoski Drive approximately 700 feet south of Greenhill Road to Greenhill Road. Also included in this project is: improved lighting under the Hwy 218 Bridge over the Sergeant Road Trail; University Avenue Bridge over Greenhill Road; key fiber and conduit connections along University Avenue; Flower Street storm sewer improvements; right-of-way vacation; and Falls Avenue Bridge Demolition. II. SCOPE OF SERVICES The services provided under this agreement will include personnel and services necessary to complete the survey and base mapping, conceptual design, preliminary design, final design, and project administration of the Greenhill Road and Katoski Drive Roundabout Intersection. Also included is concept analysis and design of lighting improvements under the University Avenue Bridge over Greenhill Road and the Hwy 218 Bridge over the Sergeant Road Trail. The scope also includes design and details for fiber and conduit connections along University Avenue, Flower Street storm sewer improvements, right-of-way vacation, and Falls Avenue Bridge Demolition. The scope of services is further described as follows: Property, Topographic Survey, and Data Gathering (Tasks 1-9). These tasks will include the topographic survey of Greenhill Road and Katoski Drive within the project limits described above. Also included in these tasks is the data gathering of existing utilities, property lines, existing plan information and other existing information that will assist in the design of the proposed roundabout intersection. Also included is the topographic survey of Flower Street, topographic survey of the Falls Avenue Bridge area, and field survey of utilities for the excess right-of-way project. Task 1 — Data Gathering of Existing Plans Task 2 — Utility Survey within Project Limits Task 3 — Project Control Task 4 — Locate/Tie Property Pins and Section Corners Task 5 — Greenhill Road Topographic Survey Task 6 — Katoski Drive Topographic Survey Task 7 — Flower Street Topographic Survey Task 8 — Falls Avenue Bridge Topographic Survey Task 9 — Base Mapping Page 277 of 292 Conceptual Analysis / Design (Tasks 10-13). These tasks will include the conceptual layout of the proposed roundabout. The services will include an operations analysis based on the traffic study completed by Waterloo Public Schools, conceptual layout of the proposed roundabout intersection, and conceptual construction cost estimate. Also included in these tasks is a conceptual analysis of lighting options under the University Avenue Bridge over Greenhill Road. Lighting options would include review and analysis of motion activated lighting system that meets roadway lighting standards and requirements. Task 10 — Roundabout Operations Analysis Task 11 — Conceptual Layout of Roundabout Intersection Task 12 — Conceptual Construction Cost Estimate Task 13 — Conceptual Analysis of Underdeck Motion Activated Lighting System Preliminary Design (Tasks 14-27). Preliminary design activities will include the development of preliminary plans, utility reviews, and preliminary construction cost based on the preliminary plans. The following tasks lead to the completion and submittal of preliminary plans for the proposed Greenhill Road and Katoski Drive Roundabout Intersection. Task 14 — Title Sheet and Legend Sheet (A -Sheet) Task 15 — Typical Sections (B-Sheets) Task 16 — Plan and Profile Sheets (D and E Sheets) Task 17 — Geometric Sheets (G-Sheets) Task 18 — Right -of -Way Layout Sheets (H-Sheets) Task 19 — Staging Sheets (J-Sheets) Task 20 — Preliminary Roundabout Geometry / Speedpaths (L-Sheets) Task 21 — Storm Sewer Layout Sheets (M-Sheets) Task 22 — Preliminary Aesthetic Design and Layout (O-Sheets) Task 23 — Recreational Trail and Sidewalk Layouts (S-Sheets) Task 24 — Cross Section Sheets (W-Sheets) Task 25 — Existing Utility Review / Accommodation Task 26 — Preliminary Construction Cost Estimate Task 27 — Submittals Final Design (Tasks 28-56). The following tasks lead to the completion and submittal of final grading, drainage, and paving construction plans for the project. Final design activities also include construction cost estimate, printing and submittals, field review, specifications / special provisions, and bidding assistance. Final design also includes details and specifications for standard underdeck lighting at the University Avenue Bridge over Greenhill Road, underdeck lighting at the Hwy 218 Bridge over the Sergeant Road Trail, and key fiber and conduit connections along University Avenue. The following tasks are included: Task 28 — Title and Legend Sheets (A -Sheets) Task 29 — Typical Sections and Details (B-Sheets) Task 30 — Bid Items and General Notes (C-Sheets) a. Bid Item and Quantity Listing b. Estimate Reference Information c. General Notes Task 31 — Tabulations and Quantities (C-Sheets) Task 32 — Plan and Profile Sheets (D and E-Sheets) a. Greenhill Road b. Katoski Drive Task 33 — Removal Sheets (DR -Sheets) Task 34 — Geometric Sheets (G-Sheets) Task 35 — Right -of -Way Sheets (H-Sheets) Page 278 of 292 Task 36 — Staging and Traffic Control Sheets (J-Sheets) Task 37 — Intersection Geometric, Staking and Roundabout Details Sheets (L-Sheets) Task 38 — Storm Sewer / Subdrain Sheets (M-Sheets) Task 39 — Signing and Pavement Marking Sheets (N-Sheets) Task 40 — Lighting Design Sheets for Roundabout (P-Sheets) Task 41 — Lighting Design Sheets for Underdeck Lighting (P-Sheets) a. Hwy 218 Bridge b. Greenhill Road Bridge Task 42 — Lighting Design Sheets for Fiber and Conduit Improvements (P-Sheets) a. Greenhill Road Bridge b. Black Hawk Creek Bridge Task 43 — Erosion Control Sheets (RC, RE, and RU Sheets) Task 44 — Final Landscaping Design (O-Sheets) Task 45 — Aesthetic Enhancement Design (O-Sheets) a. Gateway Features Design b. Roundabout Aesthetic Features Design c. Crosswalk / Median Enhancements Task 46 — Recreational Trail and Sidewalk Design (S-Sheets) Task 47 — Earthwork Quantities / Tabulation (T-Sheets) Task 48 — Special Details (U-Sheets) Task 49 — Cross Sections (W, and X-Sheets) Task 50 — Quality Control Review a. Quality Control Reviews b. Roundabout Review Revisions c. Check Plan Review Revisions d. Final Plan Review Revisions Task 51 — Existing Utility Review / Accommodation Task 52 — Construction Cost Estimate Task 53 — Printing and Submittals Task 54 — Field Review Task 55 — Specifications / Special Provisions Task 56 — Bidding Assistance Preliminary & Final Design of Flower Storm Sewer Improvements (Tasks 57-74) As part of redevelopment efforts along Flower Street in Waterloo, the City is developing plans to extend storm sewer from the SW quadrant of the Flower Street and Littlefield Road intersection to the NW approximately 230'. Gas, water and sanitary are located behind the back of curb in the north right-of-way. The alignment of the new storm sewer will be determined based on the location of the existing utilities. Roadway patching is anticipated for the storm sewer connection to the existing intake near Littlefield Road and may be required along the north portion of Flower Street depending on the location of field surveyed utilities in the project area. The scope of services is described as follows: Task 57 — Title and Legend Sheets (A -Sheets) Task 58 — Typical Sections and Details (B-Sheets) Task 59 — Bid Items and General Notes (C-Sheets) a. Bid Item and Quantity Listing b. Estimate Reference Information c. General Notes Task 60 — Tabulations and Quantities (C-Sheets) Task 61 — Plan and Profile Sheets (D and E-Sheets) Task 62 — Removal Sheets (DR -Sheets) Task 63 — Geometric Sheets (G-Sheets) Page 279 of 292 Task 64 — Staging and Traffic Control Sheets (J-Sheets) Task 65 — Storm Sewer / Subdrain Sheets (M-Sheets) Task 66 — Erosion Control Sheets (RC, RE, and RU Sheets) Task 67 — Cross Sections (W-Sheets) Task 68 — Quality Control Review Task 69 — Existing Utility Review / Accommodation Task 70 — Construction Cost Estimate Task 71 — Printing and Submittals Task 72 — Field Review Task 73 — Specifications / Special Provisions Task 74 — Bidding Assistance Preliminary & Final Design of Falls Avenue Bridge Demolition (Tasks 75-91) This project includes the demolition, removal, and restoration of the Falls Avenue Bridge over Black Hawk Creek. Also included in this project is the removal of Falls Avenue from Black Hawk Road to Hwy 218. A 90-degree bend will be constructed at Black Hawk Road and Falls Avenue. The services provided under this agreement will include personnel and services necessary to complete the removal of the bridge and Falls Avenue. The services will include Iowa DNR coordination, removal details, roadway removal details, erosion control details, and NPDES permit. The scope of services is further described below: Task 75 — Title and Legend Sheets (A -Sheets) Task 76 — Typical Sections and Details (B-Sheets) Task 77 — Bid Items and General Notes (C-Sheets) a. Bid Item and Quantity Listing b. Estimate Reference Information c. General Notes Task 78 — Tabulations and Quantities (C-Sheets) Task 79 — Plan and Profile Sheets (D and E-Sheets) Task 80 — Removal Sheets (DR -Sheets) Task 81 — Geometric Sheets (G-Sheets) Task 82 — Erosion Control Sheets (RC, RE, and RU Sheets) Task 83 — Earthwork Quantities / Tabulation (T-Sheets) Task 84 — Cross Sections (W-Sheets) Task 85 — Quality Control Review Task 86 — Existing Utility Review / Accommodation Task 87 — Construction Cost Estimate Task 88 — Printing and Submittals Task 89 — Field Review Task 90 — Specifications / Special Provisions Task 91 — Bidding Assistance Right -of -Way Vacation Plats & Splat of Surveys (39 Plats) (Tasks 92-97) This project includes the field work, utility locates, base mapping, the development of 39 excess right-of-way plats, and the setting of property corners for excess right-of-way along University Avenue and Falls Avenue. The services are further described below: Task 92 — Field Survey Along University Avenue and Falls Avenue Task 93 — Utility Locates Task 94 — Base Mapping Activities Task 95 — Preparation of 39 Plats and Descriptions Task 96 — Recording of 39 Plats and Descriptions Page 280 of 292 Task 97 — Set Property Corners Based on Recorded Plats Project Administration, Permitting, and Meetings (Tasks 98-104). These tasks include public involvement, rendering of intersection aesthetics, project administration, and coordination meetings throughout the project development. Permitting for the project is anticipated to include the NPDES construction permit and CORPS coordination for Falls Avenue Bridge Demolition. These tasks also include pre -letting activities and general project administration. The following identifies tasks leading to the completion of project administration, meetings, and coordination during the design phase of the project. Task 98 — Public Involvement a. Property Owner / Stakeholder Meetings (4) b. Public Information Meeting Task 99 — Renderings of Corridor and Aesthetics (3) Task 100 — City Update Meetings (4) Task 101 — NPDES Permitting (Greenhill Road — Katoski Drive RDBT) Task 102 — NPDES Permitting and CORPS Coordination (Falls Avenue Bridge Demolition) Task 103 — Project Team Coordination Task 104 — Project Administration CONSTRUCTION -RELATED SERVICES The scope for construction -related services for these projects will be determined at the time the services are needed and defined under a future amendment to this agreement. Construction -related services include construction staking, on -site field review, material testing, contract administration during construction and right-of-way staking, including new property pins. L:\Secure_DCS\Administration\AGREE\PROF\Wat Univeristy Ave Area TIF District Improvements.doc Page 281 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution of the City of Waterloo, Iowa, authorizing official banking signatures. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Resolution Authorizing Official Banking Signatures - 2024-XX Page 282 of 292 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY OF WATERLOO, rowA AUTHORIZING OFFICIAL BANKING SIGNATURES. WHEREAS, accounts have been established in the name of the City of Waterloo, Iowa with Bank Iowa of Waterloo, IA, Community Bank & Trust of Waterloo, IA, Farmers State Bank of Waterloo, IA, First Security State Bank of Evansdale, IA, Great Western Bank of Waterloo, IA, Iowa Public Agency Investment Trust of Des Moines, IA, Trust Lincoln Savings Bank of Waterloo, IA, Heartland B & T of Waterloo, IA, Public Employees Credit Union of Waterloo, IA, Regions Bank of Waterloo, IA, Stifel Nicolaus & Company, Inc. of Waterloo, IA, UMB Bank (formerly Bankers Trust) of Des Moines, IA, US Bank of Waterloo, IA, Veridian Credit Union of Waterloo, IA, Wells Fargo Bank, N.A. of Waterloo, IA, wherein may be deposited any of the funds of the City of Waterloo whether represented by cash, check, note, or other evidences of debt, and from which deposit withdrawals may be made in the name of the City of Waterloo, Iowa by duly authorized officials of the city. NOW, THEREFORE, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO IOWA, AS FOLLOWS: Section 1. Powers Granted: That the City Council of the City of Waterloo, Iowa hereby grants the officials named below the authority to sign on the City of Waterloo's financial accounts. Quentin Hart, Mayor Bridgett Wood, Finance Director Kim Bahr, Assistant Finance Director Doug Anderson, Clerk II Ryan Stuber, Clerk II Kelley Felchle, City Clerk Emily Graham, Financial Analyst Shaubhik Roy, Financial Analyst Carrie Jackson, Waterloo Convention Center Manager Section 2. That the City Council of the City of Waterloo, Iowa hereby grants the officials of the Waterloo Police Department named below the authority to sign only on the account designated as the Waterloo Police Department Property Account at Farmers State Bank. Greg Fangman Kelsey Gifford Ruth Muller Michelle Boesen Section 3. Accounts Payable and Payroll Checks: That the Mayor and the Financial Analysts names shall appear on accounts payable checks and payroll checks. Section 4. Previously Adopted Resolutions: Any resolution previously adopted by the City Council of the City of Waterloo, Iowa establishing authorized signers on the City of Waterloo's financial accounts is hereby rescinded. PASSED AND ADOPTED this 4th day of November 2024. Quentin Haert, Mayor Page 283 of 292 Resolution No. 2024-XXX Page 2 ATTEST: Kelley Felchle, City Clerk SEAL Page 284 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving a Property Lease Agreement for Underbridge Access Truck with the Iowa Department of Transportation, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Estimated amount of $4,872.84. Actual price will finalized after project completion. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. City of Waterloo Cover 2. City of Waterloo Page 285 of 292 Page 286 of 292 IOWADOT SMARTER I SIMPLER I CUSTOMER DRIVEN www.iowadot.gov Office of Bridges & Structures/Highway Division 800 Lincoln Way, Ames, IA 50010 Phone: 515-233-7725 Fax: 515-239-1978 Email: david.bare@dot.iowa.gov Oct 7, 2024 Jamie Knutson, PE, City Engineer City of Waterloo 715 Mulberry St. Waterloo, IA 50703 Dear Mr. Knutson: Enclosed is the lease agreement that needs to be signed and returned to us by mail before the first scheduled workday of November 11, 2024. Please note I have estimated 20 hours of working and traveling for the Under -Bridge Inspection Vehicle for two trips. Under -Bridge Inspection Vehicle A-31395 truck, B-37872 mounted unit, located in Ames. Equipment is being used to access two bridges owned by the City of Waterloo. The first trip will be November 11, 2024 and the second trip will be at a date to be determined. The total price I have used ($4,872.84) is an estimate. The actual price will be finalized after the project has been completed. The lease agreement contains a requirement that all individuals working with the Under -Bridge Access Equipment must verify they have had fall protection training according to the OSHA regulations specified in the agreement. If you have any questions, please feel free to contact me at 515-233-7725. Page 287 of 292 01:a11owa Department of Transportation s+ Form 532042wd (05-13) PROPERTY LEASE AGREEMENT For UNDERBRIDGE ACCESS TRUCK Lessee: City of Waterloo Address: 705 Mulberry St., Waterloo, IA, 50703 Contact Person/Title: Jamie Knutson, PE, City Engineer Phone No. 319-291-4312 Requested From Office of Bridges and Structures Contact Person: David Bare Phone No. 515-509-3981 List property, intended use, assigned location, and equipment number(s): Under -Bridge Inspection Vehicle A-31395 truck, B-37872 mounted unit, located in Ames. Equipment is being used to access bridges owned by the City of Waterloo. Condition: Good DOT operator(s) are required. Date requested from: November 11, 2024 to: future date Recommended: Scott Neubauer Date: October 10, 2024 Office Director or Bridge Maintenance Engineer *************************************************************************************************************************************** Estimated lease fee based on requested usage: Units Unit Costs Subtotal Property UB Inspection Vehicle 20 x 125.00 = 2,500.00 Personnel Truck Operator Personnel Bucket Operator 20 x( 34.23 x 1.8033 Hourly Rate Additive** 16 x( 39.44 x 1.8033 Hourly Rate Additive** ) Misc. Expense = 1,234.53 1,137.95 Misc. Expense x = 0.00 * Attach additional sheets as necessary ** Additive is published annually, usually August 1, by Office of Finance Estimated Total $ 4,872.48 DISTRIBUTION: Original: Retained by Office Director or Bridge Maintenance Engineer during lease, sent to Finance upon return of property, or retain with Property/Benefit Balance Sheet until settlement. Copies: Lessee, Office that estimated fee, Office Director or Bridge Maintenance Engineer Page 1 of 3 Page 288 of 292 LEASE TERMS AND LESSEE LIABILITY STATEMENTS 1. The lessee, if an agency of the State, agrees to indemnify, save, and hold harmless the Iowa Department of Transportation from liability for any personal injury, death, or property damage of any kind or nature which may arise out of use or lease of the property. 2. The lessee, if a political subdivision of the State, its agents and employees agree to defend all claims, demands, or actions against the State, its agents and employees, and to indemnify, save, and hold harmless the State, its agents and employees from liability for any personal injury, death, or property damage of any kind or nature which may arise out of use or lease of the property. 3. The lessee, if a person or corporation completing a contract with the Department, agrees to defend all claims, demands, or actions against the State, its agents and employees, and to indemnify, save, and hold harmless the State, its agents and employees from liability for any personal injury, death, or property damage of any kind or nature which may arise out of use or lease of the property. A contractor shall be required to comply with the liability and insurance requirements of sections 1107.02 and 1107.12 of the Standard Specifications for Highway and Bridge Construction and supplements thereto. 4. Should loaned Iowa Department of Transportation employees required under the terms of this agreement as qualified operator become injured while loaned to the lessee, the lessee shall defend, indemnify, and hold harmless the Iowa Department of Transportation from any worker's compensation claims or sick leave that may arise out of said injuries. 5. The lessee agrees to be the only party authorized to use the leased property. This lease cannot be assigned to another party. 6. The lessee agrees to pick up the property and return it to the Department in good condition, allowing for wear due to normal usage during the lease period. The lessee also agrees to compensate the Department for any damage to the property during the lease period. 7. The lessee shall return the leased property to the Department on or before the day specified in the agreement or on demand by the Department. 8. The lessee promises, and shall certify, that only a qualified, licensed person shall be assigned to operate leased Department property requiring a qualified operator. 9. THE LESSEE AGREES TO ACCEPT PROPERTY AS -IS WITH NO WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. LESSEE ALSO WAIVES THE RIGHT TO ANY DAMAGES INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE RENTAL AND USE OF EQUIPMENT. 10. The lessee promises, and shall certify, that all individuals working with Iowa DOT bridge inspection equipment have been trained and evaluated in accordance with applicable OSHA safety regulations. These regulations include, but are not limited to, fall protection (29 C.F.R. 1926 Subpart M), vehicle -mounted elevating and rotating work platforms (29 C.F.R. 1910.67) and operations near overhead electric power lines (29 C.F.R. 1910.333). The lessee is solely responsible for implementing the applicable OSHA safety regulations during the terms of this property lease agreement. The lessee shall provide all necessary fall protection equipment. As an authorized representative for City of Waterloo , I agree to lease the property and operator from the Iowa Department of Transportation as stated on the reverse side and will return the property to the location where it was obtained on or before the return date listed. I also agree to the Lease Terms and Lessee Liability Statements above. I understand that final billing will be calculated on actual usage based on the stated unit costs and that the estimated total fee is subject to change. Alternatively, an equivalent exchange of benefits, for example, county employee labor in exchange for use of Department equipment, may be agreed upon and documented. Lessee's Authorized Representative Title Iowa Department of Transportation Office Director or Bridge Maintenance Engineer Date Date Page 2 of 3 Page 289 of 292 Date Returned Condition Final Fee: Units Unit Costs Subtotal Property x = 0.00 Personnel x( x ) = 0.00 Hourly Rate Additive` Personnel x x ) = 0.00 Misc. Expense Hourly Rate Additive* Misc. _ Expense x 0.00 Additive is published annually, usually August 1, by Office of Finance Prepared by Date Total $ 0.00 Page 3 of 3 Page 290 of 292 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rob Duncan, Chief of Police Police Department MEETING DATE November 4, 2024 AGENDA ITEM TITLE Resolution approving an ongoing Lease Agreement with C&S Car Company for a 2025 Hyundai Santa Fe, VIN # 5NMP3DGL5SH069038, to be used by the Police Department, at no cost to the city, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 291 of 292 Page 292 of 292