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Council Packet - 4/20/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, April 20, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 187 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Pat Treloar, Fire Chief Agenda, as proposed or amended. Minutes of April 13, 2020, Regular Session, as proposed. Proclamation declaring the Week of April 20-24, 2020 as National Community Development Week. Proclamation Declaring April 19-25, 2020 as Arbor Week. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving cancellation of assessment for 1915 Plainview Street in the amount of $287.05, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 3. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as May 14, 2020 and date of public hearing as May 18, 2020, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications, Contract No. 1021, and instruct City Clerk to publish said notice. Submitted By: Brian Bowman, Treatment Operations Supervisor 4. Resolution approving request of Noel Anderson for a waiver for a concrete driveway, located at 209 Alice Avenue, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer Page 2 of 187 5. Motion approving final quantity adjustment for a net decrease of $12,017.50, in conjunction with the FY 2020 Waterloo Air and Rail Park Tree Clearing, Contract No. 1017, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by J. Pettiecord, Inc., of, Bondurant, Iowa, in the amount of $117,060, in conjunction with the FY 2020 Waterloo Air and Rail Park Tree Clearing, Contract No. 1017. Submitted By: Jamie Knutson, PE, City Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Officers Lamere, Law, Mrzljak, Nicholls, Nichols, Roberts and Sears Class/Meeting: Field Training Solutions FTO Basic School Destination: Waterloo, IA Dates: April 20-22, 2020 Amount not to exceed: $2,065 b. Officers Aitchison, Bonwell and Kramer Class/Meeting: Iowa Law Enforcement Academy Basic Officer Certification Destination: Johnston, IA Dates: April 27 - August 14, 2020 Amount not to exceed: $27,450 1 LIQUOR LICENSES a. Waterloo Bucks, 850 Park Rd. - 6 Months Class: B Beer New Application Does not include Sunday Expiration Date: 10/15/2020 b. Riverloop Expo Plaza, 400 Jefferson St. - 6 Months Class: Special Class C Liquor and Outdoor Service New Application Expiration Date: 10/24/2020 c. HyVee Food Store #2, 2181 Logan Ave. Class: B Wine, C Beer, and E Liquor Renewal Application Includes Sunday Expiration Date: 3/23/2021 d. CVS Pharmacy #8546, 205 Franklin St. Class: B Wine, C Beer, and E Liquor Renewal Application Includes Sunday Expiration Date: 5/31/2021 e. Cork's Grocery, 1956 Lafayette St. Class: C Beer Page 3 of 187 Renewal Application Includes Sunday Expiration Date: 4/30/2021 f. Casey's General Store #2879, 3260 University Ave. Class: B Wine and C Beer Renewal Application Includes Sunday Expiration Date: 4/18/2021 g. Casey's General Store #2880, 1604 LaPorte Rd. Class: B Wine and C Beer Renewal Application Includes Sunday Expiration Date: 4/18/2021 h. Cadillac Lanes, 650 LaPorte Rd. Class: C Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/27/2021 Panchero's Mexican Grill, 2845 Crossroads Blvd. Class: B Beer and Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/31/2021 j. Lost Island Waterpark, 2225 E. Shaulis Rd. - 6 Months Class: C Liquor and Outdoor Service New Application Includes Sunday Expiration Date: 11/1/2020 k. Jim Lind Standard, 230 E. Ridgeway Ave. Class: C Beer Renewal Application Includes Sunday Expiration Date: 4/6/2021 I. El Mercadito, 520 LaPorte Rd. Class: C Beer Renewal Application Includes Sunday Expiration Date: 5/21/2021 m. Grout Museum, 503 South St. Class: Special Class C Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/14/2020 n. CVS Pharmacy #8544, 1825 E. San Marnan Dr. Class: B Wine, C Beer, and E Liquor Renewal Application Includes Sunday Expiration Date: 5/31/2021 o. Dollar General #4698, 2935 Logan Ave. Class: B Wine and C Beer Renewal Application Includes Sunday Page 4 of 187 Expiration Date: 2/28/2021 p. Anton's Garden, 518 Sycamore St. Class: Special Class C Liquor and Outdoor Service New Application Includes Sunday Expiration Date: 4/14/2021 2. Motion to approve Exception to Burning Yard Waste Application for Midwest Ecosystem Management, LLC to burn a small 24 acre prairie planting at 1553 E. Donald Street, between April 21, 2020 and May 31, 2020, as weather permits. Submitted By: Pat Treloar, Chief of Fire Services 3. Recommendation of appointment of Joel Fitzgerald to the position of Police Chief, effective June 1, 2020, subject to passing background checks and satisfying the certification requirements of the Iowa Law Enforcement Academy. Submitted By: Mayor Quentin Hart 4. Bonds. PUBLIC HEARINGS 2. FY21 One -Year Action Plan for CDBG and HOME Funds. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval from Community Development Board. Resolution approving proposed funding recommendations set forth by the Community Development Board for FY21 One Year Action Plan for CDBG and HOME program funds for the Waterloo/Cedar Falls Consortium. Submitted By: Rudy D. Jones, Community Development Director 3. Ansborough Avenue Improvements Project from Black Hawk Road to Downing Avenue, IDOT Project No. STP-A-8155(757)--86-07. 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 plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of bid to Lodge Construction of Clarksville, Iowa, in the amount of $299,321.40 and approving the contract, bond and certificate of insurance, in conjunction with the Ansborough Avenue Improvements Project. Submitted By: Mohammad Elahi, Traffic Engineer 4. Request by the City of Waterloo to vacate a portion of public alley located within Block 18 of Linden Place, former Lafayette School located at 2265 Lafayette Street, and rescinding Ordinance No. 5145. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate a portion of public alley located within Block Page 5 of 187 18 of Linden Place, former Lafayette School located at 2265 Lafayette Street, and rescinding Ordinance No. 5145. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 5. Resolution approving a request by XL Colt Farms, LLC, for the final plat of Audubon Hills 2nd Addition, to allow for the development of a twenty -lot residential subdivision, located east of 1866 Red Tail Drive, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving an application to the Black Hawk County Metropolitan Area Transportation Policy Board, for Surface Transportation Block Grant program funding, in conjuntion with the Hess Road Reconstruction and Complete Streets Project. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving Supplemental Agreement No. 01, to the Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, in an amount not to exceed $28,643, in conjunction with the Park Avenue and 11th Street Bridge Replacement Feasibility Study, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $29,750, in conjunction with the Truck Wash Area Improvements Project, for the City of Waterloo Public Works Facility, and authorizing the Mayor to execute said document. Submitted By: Randy Bennett, Public Works Division Manager 9. Resolution approving a Reimbursement Agreement with The Salvation Army, for sidewalk reconstruction located on properties southeast of 55 Franklin Street and 415 E. 7th Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:40 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION Page 6 of 187 1. Communication from the Engineering Department on the notice of the conclusion of employment for Larry Crain, Engineering Technician, effective April 2, 2020 with recommendation of approval of payout of $2,087.23 for unused benefits. 2. Planning, Programming & Zoning minutes of March 3, 2020. Page 7 of 187 CITY OF WATERLOO Council Communication Minutes of April 13, 2020, Regular Session, as proposed. City Council Meeting: 4/20/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 4/14/2020 - 9:25 AM ATTACHMENTS: Description Type ❑ Minutes of 4/13/2020, as proposed Backup Material Submitted by: Submitted By: Page 8 of 187 April 13, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, April 13, 2020. Mayor Quentin Hart in the Chair. Roll Ca11: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Tim Jamison, Waterloo -Cedar Falls Courier 157693- Morrissey/Feuss that the Agenda, as proposed, for the Regular Session on Monday, April 13, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157694 - Morrissey/Feuss that the Minutes, as proposed, for the Regular Session on Monday, April 6, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS No oral presentations were received. 157695 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157696 - Morrissey/Boesen that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated April 13, 2020, in the amount of $2,927,950.65 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-241. 2. Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12) month period at a cost of $166.67 per motorcycle, per month, for a total amount of $4000, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-242. 3. Resolution approving award of bid to Brock Even Construction, LLC, of Jesup, Iowa, in the amount of $373,166.21, and approving contract, bonds and certificate of insurance, in conjunction with the FY 2020 Sidewalk Repair Program - Zone 10, Contract No. 1009, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-243. 4. Resolution approving submission of a grant application to the U.S. Department of Justice for the 2020 Coronavirus Emergency Supplemental Funding Program for local communities affected by the COVID-19 virus. Resolution adopted and upon approval by Mayor assigned No. 2020-244. Page 9 of 187 April 13, 2020 Page 2 1. 2. 5. Resolution setting a date of public hearing as April 27, 2020, to approve a Development Agreement with Goldfinch S&M Properties LLC, for the redevelopment of a residential property located at 1804 E. 4th Street, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-245. 6. Resolution setting a date of public hearing as April 27, 2020, to approve a Development Agreement with Goldfinch S&M Properties LLC, for the redevelopment of a residential property located at 1332 Walker Street, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-246. 7. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 30, 2020 and public hearing as May 4, 2020, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-247. 8. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 30, 2020 and public hearing as May 4, 2020, in conjunction with the 5 Sullivan Brothers Convention Center Skywalk Improvements Project, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-248. 9. Resolution setting date of public hearing as April 27, 2020, to approve a request by Justin Tucker, on behalf of AirCare, for a Site Plan Amendment to the "M-2, P" Planned Industrial District, to install a trailer for emergency crews adjacent to hanger 5, located west of 2814 Betsworth Drive, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-249. 10. Resolution naming and dedicating a one (1) mile portion of newly constructed roadway, West Shaulis Road, located east of Ansborough Avenue and west of Kimball Avenue, and a half (1/2) mile portion of newly constructed roadway, East Shaulis Road, located east of Kimball Avenue and west of Hawkeye Road (Iowa Highway 21), and to dedicate additional right-of-way for Ansborough Avenue, located north of West Shaulis Road and south of US Highway 20, and to dedicate additional right-of-way for West Shaulis Road, located west of Ansborough Avenue, in the City of Waterloo, Black Hawk County, Iowa, and rescinding Resolution No. 2013-205. Resolution adopted and upon approval by Mayor assigned No. 2020-250. b. Motion to approve the following: a. a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Lt. Duncan and WPD Investigations Division PATCtech Digital Forensic Webinar Waterloo, IA April 20-24, 2020 $349 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Includes Date Sunday Jim's Food, 437 Sullivan Avenue B Wine, C Beer, E Liquor Renewal 4/14/2021 x J's R&B Lounge C Liquor Renewal 4/6/2021 x Page 10 of 187 April 13, 2020 Page 3 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Sylvia Jackson Planning, Programming and Zoning Commission 4. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157697 - Morrissey/Feuss April 13, 2023 New that proof of publication of notice of public hearing on 2020 Waste Water Treatment Plant and Lift Stations Mowing Contract, as published in the Waterloo Courier on March 30, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157698 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157699 - Morrissey/Grieder that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-251. 157700 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids. Bid Estimate $41,211.00 Bidder Bid Security Bid Amount Option A: $875/$3,199 B&B Lawn Care Inc. $1,500 Option B: $219/$825 Waterloo, IA CK #032626 Option C: $420/$887 Option D: $973 Total Bid Amount: $31,150 Wilson Custom Tree Option A: $1,100/$2,300 Option B: $725/$1,000 Cresco, IA 5% Option C: $375/$1,000 Option D: $904 Total Bid Amount: $38,766 Voice vote -Ayes: Seven. Motion carried. 157701 - Morrissey/Grieder that "Resolution awarding bid to B & B Lawn Care, Inc. of Waterloo, Iowa in the amount of $31,150, and approving the contract, bond and certificate of insurance, in conjunction with the 2020 Wastewater Treatment Plant and Lift Stations Mowing Contract, and authorizing the Mayor to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-252. Page 11 of 187 April 13, 2020 Page 4 157702 - Feuss/Amos that proof of publication of notice of public hearing on FY 2020 CIP Pipelining Phase IVA Project, Contract No. 1014, as published in the Waterloo Courier on March 30, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157703 - Feuss/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157704 - Feuss/Amos that "Resolution confirming approval of plans, specifications, form of contract etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-253. 157705 - Feuss/Amos Motion to receive and file and instruct City Clerk to read bids and refer to the Collections System Project Director for review. BASE BID ESTIMATE = $501,738.24 ALTERNATE 1 TOTAL ESTIMATE = $270,429.50 ALTERNATE 2 TOTAL ESTIMATE = $106,316.00 BASE BID + ALTERNATES TOTAL ESTIMATE = $878,483.74 Bidder Bid Security Bid Amount Granite Inliner Base Bid $954,886 Hugo, MN 5% Alt. 1 $329,765 Alt. 2 $177,920 Municipal Pipe Tool Co LLC Base Bid $387,887.50 Hudson, IA o 5% Alt. 1 $302,635 Alt. 2 $82,594 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 157706 - Klein/Grieder that "Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed October 16, 2017, in an amount not to exceed $99,000, in conjunction with the Waste Water Treatment Plant Clarifier No. 3 Maintenance and Repairs Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-254. 157707 - Klein/Grieder that "Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of a 2020 Police Interceptor Utility AWD Base vehicle, in the amount of $33,577, from Stivers Ford of Waukee, Iowa", be adopted. Roll call vote -Ayes: Seven. Motion carried. Randy Bennett, Public Works Director, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2020-255. Page 12 of 187 April 13, 2020 Page 5 157708 - Klein/Grieder that "Resolution approving construction plans for storm sewer and paving serving the Audubon Hills Second Addition, as submitted by Townsend Engineering, of Davenport, Iowa", be adopted. Roll call vote -Ayes: Seven. Motion carried. Jamie Knutson, City Engineer, provided an overview of the item and explained that the developer is paying for the project. Resolution adopted and upon approval by Mayor assigned No. 2020-256. 157709 - Amos/Grieder that "Resolution approving an amendment to the Purchase Agreement dated February 18, 2020 with Parking -Inc., of Des Moines, Iowa, in the amount of $40,453, for the installation of the parking control premise server, in conjunction with the Waterloo Parking Access and Control System Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Mr. Boesen commented that he asked if additional costs would apply to the project back on February 17, 2020 and was assured then that there would be no additional costs. Noel Anderson, Community Planning and Development Director, explained that city had the option of choosing between a cloud -based system, which would include a monthly charge to operate the system, or server -based system. After meeting internally and with Republic, the decision was made that the server -based system would be the best choice for the city. Mr. Boesen questioned why the server options were not included in the original discussion with council. Noel Anderson commented that at the time they felt the cloud -based system would work better but believe that the server option is actually going to work better. Mr. Morrissey questioned if additional costs will be required down the road. Noel Anderson commented that they believe there will be no further charges. Mrs. Klein questioned if the cloud option would have incurred a monthly fee. Noel Anderson confirmed. Mrs. Klein questioned if there will be any type of monthly fee associated with the server -based system. Noel Anderson commented that he does not believe so. Mayor Hart questioned if there were attachments included for council's review prior to the meeting. Kelley Felchle, City Clerk, confirmed that the proposal is attached on tonight's agenda, as well as the agenda of February 17, 2020. Mayor Hart commented that the concerns of Mr. Boesen and Mr. Morrissey are more about, if the choice of system had been made clear, council would have had the expectation to return for consideration of additional costs. Mr. Grieder questioned what would happen if the council does not approve this option Mayor Hart explained that it would likely mean going back to a monthly cloud -based system. Resolution adopted and upon approval by Mayor assigned No. 2020-257. 157710 - Amos/Grieder Page 13 of 187 April 13, 2020 Page 6 that "Resolution approving a request by AutoZone, Inc., to approve the preliminary plat of Kimball Addition, a 2-lot commercial subdivision located south of 3115 Kimball Avenue", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-258. 157711 - Amos/Grieder that "Resolution approving a request by CGA Engineers, on behalf of Midwest Development, to approve the preliminary plat of Lincolnshire Addition located northwest of 3520 Ansborough Avenue", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-259. 157712 - Morrissey/Grieder that "Resolution approving a Short Form Agreement to the Professional Services Agreement with HR Green Company of Cedar Rapids, Iowa, originally approved on October 7, 2019, in an amount not to exceed $500, in conjunction with finalizing Environmental Investigation documentation at the former Wonder Bread Bakery site, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-260. 157713 - Morrissey/Grieder that "Resolution approving a Funding Release Agreement with Black Hawk Contracting and Development Co., for the release of funds prior to sidewalk construction, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Mr. Boesen questioned why the funds are being released prior to the job being completed. Noel Anderson, Community Planning and Development Director, explained that they have requested funding now to allow them to move forward. Mr. Boesen questioned the city's recourse if the sidewalks are not in by the deadline in May. Noel Anderson explained it would require legal action. Mrs. Klein commented that she does not agree with an upfront payment. Resolution adopted and upon approval by Mayor assigned No. 2020-261. 157714 - Morrissey/Grieder that "Resolution approving an Amendment to the Development and Minimum Assessment Agreement with Village Creek Rentals, LLC, of Waterloo, Iowa, originally executed November 20, 2017, to extend the time -frame for construction of two new homes, and reverting property back to the City of Waterloo, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen commented that he is seeing development agreements coming to council that should have been null and void since the deadlines are not being met by developers. He questioned if they received $5,000 up front. Noel Anderson commented that the developers actually had to pay the city $5,000 for the lot. Mr. Boesen clarified that the $5,000 would be returned to the developer once the project is completed. Noel Anderson confirmed and explained that the extension request is because this developer has been trying to obtain the State Housing Tax Incentive Program, which does not appear to be happening this year. Page 14 of 187 April 13, 2020 Page 7 Mr. Boesen clarified that the city would get the lots back and questioned if the delay was due to state funding. Noel Anderson confirmed. Mr. Morrissey questioned if there are other developers wanting the property that would revert back to the city. Noel Anderson confirmed that one developer is interested and another is possibly interested as well. Mr. Morrissey questioned if interest has had to be foregone while the city was waiting on determining whether the city would get the lots back. Noel Anderson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2020-262. ORDINANCES 157715 - Amos/Grieder that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property located north of 5225 Dysart Road", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: One. Nays: Six (Boesen, Morrissey, Klein, Feuss, Grieder, and Juon). Motion failed. Ordinance assigned No. 5553 Mayor Hart read an email from Maureen Cross concerning the effect the business will have on the water running through Sink Creek. Mr. Morrissey commented that since last week he has had three phone calls expressing opposition to this item. He has also received seven letters of opposition to the development. Mrs. Juon commented that she has received a lot of correspondence opposing this this development. She questioned if opposition was heard during the Planning and Zoning Commission meeting. Noel Anderson commented that opposition was not received at the commission meeting. Mrs. Juon questioned if all neighbors were made aware of the planning and zoning change request. Noel Anderson commented that state code requires they send correspondence to everyone within 250 feet of the property. Mrs. Juon questioned if that would include the Timothy Ridge neighborhood. Noel Anderson read a list of those that received correspondence. Mrs. Juon clarified that the people council are hearing from were not notified of the action. Noel Anderson confirmed. Mrs. Klein commented that she received a lot of correspondence and many of them stated that they have not heard about the project until now. Mayor Hart clarified that the city is following state law on proceeding with the project. Mr. Grieder commented that his constituents are opposed to the project. He explained that he understands the city is following state law on the project and commented that city could consider moving the time of the Planning and Zoning Commission meeting. Mr. Boesen commented that none of the contact he has received from residents is in favor of the project. Page 15 of 187 April 13, 2020 Page 8 Mr. Amos commented that two individuals contacted him about the project. He questioned if it has been determined that the project would negatively affect the neighborhood. Noel Anderson commented that the project fits with the future land use map and there are no homes immediately abutting the property. It is a matter of opinion whether the project will negatively affect the neighborhood. Mr. Morrissey commented that people learned about the project in the paper. He stated that there is a future residential development planned around the theme park and is concerned that congestion will occur over time. He stated that he would vote against the project. Mrs. Juon questioned if flooding issues have been addressed. Jamie Knutson, City Engineer, explained that the site has been reviewed for storm water retention and the development meets city code. Mr. Amos questioned how close the next house outside of the 250-foot range is. Noel Anderson commented that state code calls for 200 feet, not the 250 feet as previously stated and explained that by law, the city must match the code and does not have the option of extending the distance of notification. Joe Russow, Farnsworth Group, explained traffic and safety issues that had been addressed in the planning of the project, along with store design. Mrs. Juon questioned if the only change to the store is the wood paneling. Joe Russow explained ADJOURNMENT 157716 - Morrissey/Grieder that the Council adjourn at 6:32 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 16 of 187 CITY OF WATERLOO Council Communication Proclamation declaring the Week of April 20-24, 2020 as National Community Development Week. City Council Meeting: 4/20/2020 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Wyatt, Kendra Approved 3/13/2020 - 1:29 PM Clerk Office Higby, Nancy Approved 4/9/2020 - 4:24 PM ATTACHMENTS: Description Type ❑ National Community Development Week Cover Memo Submitted by: Submitted By: Page 17 of 187 CITY OF WA1tRLoo, IOWA PROCLAMATION 'WHEREAS, the week of April 20 through April 24, 2020, has been designated as National Community Development Week to recognize and celebrate the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships (HOME) Program; and since 1975, the CDBG Program has provided annual funding and flexibility to local communities to provide affordable housing, a suitable living environment, and economic opportunities; and since 1992, the HOME Program has created and preserved affordable housing for low-income families; and over the past five years, our community has received more than $5,986,772 CDBG funds and $2,110,902 in HOME Funds; and both programs have suffered funding cuts over the years. NOW THEREFORE BE IT RESOLVED that the City of Waterloo, Iowa, designates the week of April 20 - 24, 2020, as NATIONAL COMMUNITY DEVELOPMENT NT WEEK in support of these two valuable programs that have made tremendous contributions to the viability of the housing stock, infrastructure, public services, and economic vitality of our community. BE IT FURTHER RESOLVED that we urge Congress and the Administration to recognize the outstanding work being done locally with CDBG and HOME funds by providing increased funding for both programs in FY 2021. IN WITNESS IITHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo, Iowa, to be affixed this 20th day of April 2020. ATTEST: elley Felchle Quentin Hart City Clerk V Mayor Page 18 of 187 CITY OF WATERLOO Council Communication Proclamation Declaring April 19-25, 2020 as Arbor Week. City Council Meeting: 4/20/2020 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Wyatt, Kendra Approved 4/16/2020 - 3:31 PM Clerk Office Felchle, Kelley Approved 4/16/2020 - 3:51 PM ATTACHMENTS: Description Type ❑ Arbor Week Cover Memo Submitted by: Submitted By: Page 19 of 187 J CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, WHEREAS, WHEREAS, trees provide a pleasing environment in Waterloo for the benefit of our residents and visitors, contributing greatly to our positive image; and the optimum reforestation of Waterloo will require public participation and cooperation, resulting in an attractive community; and the management of trees increases the benefits to our community through planning, planting, maintenance, timely removal and replacement; and the Iowa Legislature has designated the last Friday in April as "Arbor Day" throughout Iowa. NOW, THEREFORE., I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 19 — 25, 2020, as ARBOR WEEK in Waterloo, Iowa, and encourage all citizens of Waterloo to celebrate this occasion and the beauty of our city by planting a tree. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 20th day of April 2020. ATTEST: Kelley Felch( Quentin Hart City Clerk V Mayor O 1 Page 20 o CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for 1915 Plainview Street in the amount of $287.05, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 4/20/2020 Prepared: 4/14/2020 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 4/14/2020 - 7:36 AM SUBJECT: Resolution approving cancellation of assessment for 1915 Plainview Street in the amount of $287.05, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Summary Statement: $ 152.73 Sewer $ 24.47 Storm $109.85 Garbage Total: $287.05 Page 21 of 187 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as May 14, 2020 and date of public hearing as May 18, 2020, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications, Contract No. 1021, and instruct City Clerk to publish said notice. City Council Meeting: 4/20/2020 Prepared: 4/14/2020 REVIEWERS: Department Reviewer Action Date Waste Management Hosford, Matt Approved 4/15/2020 - 9:29 AM Clerk Office Higby, Nancy Approved 4/15/2020 - 10:27 AM ATTACHMENTS: Description Type ❑ Digester No. 3 Cover Modifications Backup Material ❑ Notice to Bidders Backup Material SUBJECT: Submitted by: Recommended Action: Source of Funds: Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as May 14, 2020 and date of public hearing as May 18, 2020, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications, Contract No. 1021, and instruct City Clerk to publish said notice. Submitted By: Brian Bowman, Treatment Operations Supervisor Approve the specifications, etc. and taking of bids, and set the date of bid opening and hearing Sewer Funds Page 22 of 187 NOTICE OF PUBLIC HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE F.Y. 2020 WASTEWATER TREATMENT PLANT DIGESTER NO. 3 COVER MODIFICATIONS IN THE CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1021 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 14th day of May 2020, until 1 P.M. for the construction of the F.Y. 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications, City Contract No. 1021 as described in detail in the plans and specifications now on file in the Office of the City Clerk. Bidders shall review the enclosed "City of Waterloo Municipal Bidding and COVID-19" document for additional guidelines for submitting bids while public access to City Hall is limited and the City Clerk's Office is closed to the public in response to COVID-19. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 14th day of May 2020, at 1 P.M., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 P.M. on the 18th day of May 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City Engineering Department are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 NOTICE OF PUBLIC HEARING Section NPH-1 4463.008/City Contract No. 1021 Page 23 of 187 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The work shall include the following items: 1. This project is rehabilitation of an existing anaerobic digester at the City of Waterloo Wastewater Treatment Plant. Work includes rehabilitation and reinstallation of a digester cover on anaerobic Digester No. 3; concrete tank wall and surface repairs; roof slab removal and replacement; architectural finish repairs; spray foam insulation replacement; installation of new pipe support hangers to support existing process piping; rehabilitation and reinstallation of three cover mounted draft tube mixers; start-up testing; and miscellaneous metals, painting, piping, electrical, and demolition work. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of CITY OF WATERLOO, IOWA BY: City Clerk END OF SECTION NOTICE OF PUBLIC HEARING Section NPH-2 4463.008/City Contract No. 1021 Page 24 of 187 CTY F A Municipal Bidding and COVID-19 The Waterloo City Clerk's Office is committed to balancing the important role municipal bidding plays in the local economy with ensuring the safety of city staff as COVID-19 cases spread through Iowa. We encourage prospective bidders to follow the guidelines below for submitting bids while public access to City Hall is limited and the City Clerk's Office is closed to the public. 1. We strongly recommend all bidders submit bids by mail, Fed -Ex, or UPS prior to the bid deadline. Bids should be mailed to the following address: City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Please note on the envelope which project you are bidding on. 2. Contractors wishing to deliver a bid in person while public access to City Hall is limited should call the City Clerk's Office at 319-291-4323 prior to dropping off a bid in person. In the event another city department receives a bid, employees will work to ensure it arrives at the correct location prior to the bid opening. Bids delivered to a department other than City Clerk's Office will be accepted if received prior to the deadline listed in the notice. 3. All bids received will be initialed and the time received recorded, in accordance with Iowa public bidding laws. 4. Bid openings will be held in the Harold E. Getty Council Chambers on the second floor of City Hall until public access to City Hall changes. The bid openings will be livestreamed on YouTube and made available on the city website. 5. Contractors or the public may request copies of opened bids by calling the City Clerk's Office at 319-291-4323 or emailing clerkCc�waterloo-ia.orq. Received bids are made available on the Document Center page of the city website after the bid opening at the following link: http://www.citvofwaterlooiowa.com/government/citvdocumentsearch/index.pho 6. Please direct questions about this process to the City Clerk's Office at 319-291-4323. Page 25 of 187 NOTICE TO BIDDERS FOR THE TAKING OF CONSTRUCTION BIDS FOR THE F.Y. 2020 WASTEWATER TREATMENT PLANT DIGESTER NO. 3 COVER MODIFICATIONS IN THE CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1021 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 14th day of May 2020, until 1 P.M. for the construction of the F.Y. 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications, City Contract No. 1021, as described in detail in the plans and specifications now on file in the Office of the City Clerk. Bidders shall review the enclosed "City of Waterloo Municipal Bidding and COVID-19" document for additional guidelines for submitting bids while public access to City Hall is limited and the City Clerk's Office is closed to the public in response to COVID-19. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 14th day of May 2020, at 1 P.M. and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 P.M. on the 18th day of May 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK This project is rehabilitation of an existing anaerobic digester at the City of Waterloo Wastewater Treatment Plant. Work includes rehabilitation and reinstallation of a digester cover on anaerobic Digester No. 3; concrete tank wall and surface repairs; roof slab removal and replacement; architectural finish repairs; spray foam insulation replacement; installation of new pipe support hangers to support existing process piping; rehabilitation and reinstallation of three cover mounted draft tube mixers; start-up testing; and miscellaneous metals, painting, piping, electrical, and demolition work. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed." Work will be substantially complete within 120 calendar days after the date when the Contract Time commences to run and will be completed and ready for final payment within 150 calendar days after the date when the Contract Time commences. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials NOTICE TO BIDDERS Section NB-1 4463.008/City Contract No. 1021 Page 26 of 187 have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by Strand Associates, Inc.® (CONSULTANT), which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Complete digital Project Bidding Documents are available at www.strand.com or at www.questcdn.com. Download the digital Bidding Documents by inputting Quest project number #7006618 on the website's Project Search page. Please contact QuestCDN.com at (952) 233-1632 or info@questcdn.com for assistance with free membership registration, downloading, and working with this digital project information. Optional paper copies of the Plans and Specifications are available from Strand Associates, Inc.®, 910 West Wingra Drive, Madison, WI 53715, upon the receipt of a $150 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of its subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. All Bidders submitting a sealed Bid shall obtain the Bidding Documents from QuestCDN.com or from Strand Associates, Inc.® Bidders who submit a Bid must be a Plan Holder of record at the Issuing Office. Bids from Bidders who are not on the Plan Holders List may be returned as not being responsive. Plan Holders are requested to provide an e-mail address if they wish to receive addenda and other information electronically. Plan Holders are requested to designate whether they are a prime contractor, subcontractor, or supplier if they want this information posted on the project Plan Holders List. The City has the right to reject any bids that do not have current bidding documents included in the Bid submission. Upon award of project, the prime contractor, its subcontractors and suppliers shall be supplied with up to six paper copies and one electronic copy of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid with any combination of bid alternatives selected by the City. NOTICE TO BIDDERS Section NB-2 4463.008/City Contract No. 1021 Page 27 of 187 The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of Bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The Bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the lump sum in numerals on the blanks provided. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, Bidder's bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful Bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to Bidder in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. NOTICE TO BIDDERS Section NB-3 4463.008/City Contract No. 1021 Page 28 of 187 A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of two thousand dollars ($2,000) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. BIDDER STATUS Attention of Bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each Bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. NOTICE TO BIDDERS Section NB-4 4463.008/City Contract No. 1021 Page 29 of 187 SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. PROJECT CONTACT The Strand Associates, Inc.® project contact is Sam Hocevar and can be contacted at Strand Associates, Inc.®, 910 West Wingra Drive, Madison, WI 53715, (608) 251-4843 regarding the project. All bidding -related questions are to be submitted via e-mail to sam.hocevar@strand.com. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA END OF SECTION NOTICE TO BIDDERS Section NB-5 4463.008/City Contract No. 1021 Page 30 of 187 CITY OF WATERLOO Council Communication Resolution approving request of Noel Anderson for a waiver for a concrete driveway, located at 209 Alice Avenue, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 4/20/2020 Prepared: 4/14/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 4/15/2020 - 11:44 AM Clerk Office Higby, Nancy Approved 4/15/2020 - 11:47 AM ATTACHMENTS: Description Type ❑ Waiver Backup Material SUBJECT: Resolution approving request of Noel Anderson for a waiver for a concrete driveway, located at 209 Alice Avenue, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: Legal Descriptions: I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. HOLLYWOOD ADDITION LOT 7 Page 31 of 187 WAIVER Date: fpr,1 15411. 1.?D Honorable Mayor and City Council City Hall Waterloo, IA. 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a e,enert-le driveway or sidewalk located at (concrete or asphalt) 269 A\; 4. aver`v� (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: ebrivila4' n. 614-1 #it- due- -Ia ,t f U-ra.1 eft) yS 1�cv� arG Ccl�(esJ. I agree to the following; 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, AKO GIACriq Printed Name of Property Owner Signature of Property Owner Page 32 of 187 CITY OF WATERLOO Council Communication Motion approving final quantity adjustment for a net decrease of $12,017.50, in conjunction with the FY 2020 Waterloo Air and Rail Park Tree Clearing, Contract No. 1017, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 4/20/2020 Prepared: 4/14/2020 REVIEWERS: Department Engineering Clerk Office SUBJECT: Submitted by: Summary Statement: Reviewer Gentz, Dennis Even, LeAnn Action Approved Approved Date 4/15/2020 - 11:48 AM 4/15/2020 - 1:43 PM Motion approving final quantity adjustment for a net decrease of $12,017.50, in conjunction with the FY 2020 Waterloo Air and Rail Park Tree Clearing, Contract No. 1017, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. Page 33 of 187 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by J. Pettiecord, Inc., of, Bondurant, Iowa, in the amount of $117,060, in conjunction with the FY 2020 Waterloo Air and Rail Park Tree Clearing, Contract No. 1017. City Council Meeting: 4/20/2020 Prepared: 4/14/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 4/15/2020 - 10:25 AM Clerk Office Even, LeAnn Approved 4/15/2020 - 10:46 AM SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by J. Pettiecord, Inc., of, Bondurant, Iowa, in the amount of $117,060, in conjunction with the FY 2020 Waterloo Air and Rail Park Tree Clearing, Contract No. 1017. Submitted By: Jamie Knutson, PE, City Engineer Landmark Turf Services, LLC has completed the above referenced project in accordance with the plans and specifications. GO Bonds Page 34 of 187 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste Application for Midwest Ecosystem Management, LLC to burn a small 24 acre prairie planting at 1553 E. Donald Street, between April 21, 2020 and May 31, 2020, as weather permits. City Council Meeting: 4/20/2020 Prepared: 4/15/2020 REVIEWERS: Department Reviewer Action Clerk Office Felchle, Kelley Approved SUBJECT: Date 4/15/2020 - 10:50 AM Motion to approve Exception to Burning Yard Waste Application for Midwest Ecosystem Management, LLC to bum a small 24 acre prairie planting at 1553 E. Donald Street, between April 21, 2020 and May 31, 2020, as weather permits. Submitted by: Submitted By: Pat Treloar, Chief of Fire Services Page 35 of 187 CITY OF WATERLOO Council Communication Recommendation of appointment of Joel Fitzgerald to the position of Police Chief, effective June 1, 2020, subject to passing background checks and satisfying the certification requirements of the Iowa Law Enforcement Academy. City Council Meeting: 4/20/2020 Prepared: 4/17/2020 REVIEWERS: Department Reviewer Action Date Mayor Office Felchle, Kelley Approved 4/17/2020 - 12:52 PM ATTACHMENTS: Description Type ❑ Hiring Process Letter.pdf Backup Material ❑ Job Description Backup Material ❑ Police Department Organizational Chart Backup Material ❑ Personnel Requisition Form Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Recommendation of appointment of Joel Fitzgerald to the position of Police Chief, effective June 1, 2020, subject to passing background checks and satisfying the certification requirements of the Iowa Law Enforcement Academy. Submitted By: Mayor Quentin Hart Approval. Please see the attached documents for further information. Salary: $141,463 Benefits: $57,190 Certification Completion: $5,000 Moving Allowance: $5,000 Page 36 of 187 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 Jonathan Grieder Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON JUON At -Large Dave Boesen At -Large CITY OF WATERLOO 715 East Mulberry Street, Waterloo, Iowa 50703 April 17, 2020 To: Council members From: Mayor Hart CC: Lance Dunn, Human Resources Director Re: Police Chief Hiring Process Council members: One of the greatest honors I have as Mayor is serving with the fine men and women of the Waterloo Police Department. For several months you have been without a Police Chief, under the excellent leadership of Major Leibold and the command staff. I am happy to announce that I have made a decision for Waterloo Police Chief. As I have stated from the beginning, this decision is not about my personal preferences, but about needs and future of WPD and the residents of Waterloo. Our process for selection went as follows: • Advertising for the position • Screening for qualified applicants • Telephone interviews (HR, Mayor, WPD members) • In person interviews (community members, council members, civil service member, HR, Mayor and Union Rep, Captain, and Lieutenant) • Union interviews (only current members) • Community presentations (broad range of members of the community) • In person conversations with WPD members individually • Extensive reference checks • Human Resources Background Check • Sheriff Background Screening Check As a result of this process, I am pleased to announce I have selected Dr. Joel Fitzgerald as the next Chief of Police for Waterloo Iowa. Dr. Fitzgerald comes with an extensive background and is excited to join our efforts. His start date is June 1, 2020. As you are aware, Major Joe Leibold and Lieutenant Corbin Payne also applied and did tremendous jobs. I would like to personally thank them for the dedication and sacrifice to the Citizens of Waterloo. Quentin Hart Mayor Page 37 of 187 CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION CHIEF OF POLICE DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT POLICE DEPARTMENT $125,000-$142,000 annualized (negotiable based on experience) EXEMPT INCLUDED NON -BARGAINING GENERAL DESCRIPTION OF DUTIES Professional administrative and supervisory position responsible for providing overall leadership, philosophy, direction, planning, organization and goal development for the Police Department, and resources to upgrade law enforcement services, protection and safety of the community. Duties include but are not limited to the following: directs law enforcement and crime prevention activities of the department; ensures that law and order are maintained, laws and ordinances are enforced and measures are implemented to prevent crimes and protect life and property; enforces City personnel policies, rules and regulations and Police Department general orders and standard operating procedures; develops community and City government support for the Police Depai liiient; plans, organizes and directs the activities of professional, administrative and clerical personnel; with the assistance of the Chief Financial Officer, prepares and administers the deparliiient budget; cooperates with County, State and Federal officials where mutual law enforcement interests are concerned; with the assistance of the Human Resources Department, administers the City and State Civil Service rules and regulations and the collective bargaining agreements affecting Police Department personnel; establishes and maintains rapport with other law enforcement agencies, civic groups, news media and professional organizations to foster good police community relations; maintains knowledge of Federal and State laws and City ordinances as they relate to the responsibilities of the Police Depailiiient; continually reviews staff assignments and personnel problems with management staff and makes decisions and recommendations regarding disciplinary actions; interviews, selects and evaluates Police Depar liiient officers and staff; meets with individuals, community and civic groups and other agencies regarding municipal law enforcement issues; other duties as assigned. The work is performed under the general direction of the Mayor and City Council but considerable leeway is granted for the exercise of independent judgement and initiative. Directly or indirectly supervises approximately one hundred thirty employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) 1. Plans, organizes, directs and evaluates the work of all subordinates in implementing the expressed goals, policies, and directives of the Police Department. 2. With input from employees, develops policies and procedures designed to increase the efficiency and effectiveness of department operations and address emergency services needs within the City of Waterloo. 3. Assists in the development and manages the operating and capital budgets for the Police Department. 4. Confers with the Police Department management team to track implementation of policies and receive specific recommendations and suggestions on department operations. 5. Provides status reports to the Mayor on deparliiient operations, any major shift in policies or procedures and recommendations for future development. 6. Reviews and analyzes methods, equipment utilized and performance to increase program effectiveness and forecast long-term needs Page 38 of 187 and commitments. 7. Assists in various aspects of personnel administration within the Police Department, including hiring, termination, grievance procedures and coordinating employee training. 8. Serves as the chief spokesperson for the Police Department. 9. Performs special projects for the Mayor as requested. 10. Keeps Mayor fully and accurately informed concerning work progress, including present and potential work problems and makes suggestions for new or improved ways of addressing such problems. 11. Attends meetings, conferences, workshops and training sessions and reviews publications and audio-visual materials to become and remain current on the principles, practices and new developments in assigned work areas. 12. Responds to citizens' questions and comments in a courteous and timely manner 13. Communicates and coordinates regularly with appropriate department heads to maximize the effectiveness and efficiency of interdepartmental operations and activities. 14. Performs all work duties and activities in accordance with City policies, procedures, and Police safety rules and regulations. 15. Performs other directly related duties consistent with the role and function of the classification. 16. Assists the Police Department staff in the marketing of training programs to other entities. 17. Will have appointing authority over the Police Department (As per Iowa Code 400.14). REQUIRED KNOWLEDGE & ABILITIES 1. Comprehensive knowledge of the principles and methods of planning, organization, management and personnel supervision. 2. Comprehensive knowledge principles and practices administration. of current of public 3. Ability to provide administrative direction within a municipal department. 4. Ability to supervise, evaluate, and lead the work of others and maintain a high level of discipline and morale. 5. Ability to communicate effectively with others, orally and in writing, using technical and non -technical language. 6. Ability to understand and follow oral and/or written policies, procedures and instructions. 7. Ability to prepare and present accurate and reliable reports containing findings and recommendations. 8. Ability to operate a personal computer using standard or customized software applications appropriate to assigned tasks. 9. Ability to use logical and creative thought processes to develop solutions according to written specifications and/or oral instructions. 10. Ability to perform a wide variety of duties and responsibilities with accuracy and speed under the pressure of time -sensitive deadlines. 11. Ability and willingness to quickly learn and put to use new skills and knowledge brought about by rapidly changing information and/or technology. 12. Ability to develop community support for and promotion of department activities through speeches to civic, business and school groups. 13. Ability to administer collective bargaining agreements that cover Police Department employees. 14. Ability to work with people from a broad Page 39 of 187 variety of social, economic, racial, ethnic and educational backgrounds. 15. Ability to react quickly and calmly and to direct the work of subordinates in emergency situations. 16. Ability to establish and maintain liaisons with Federal, State and other government subdivisions, businesses, civic and citizen groups and the media. 17. Ability to promote effective working relationships with other departments, staff, subordinates, elected officials and the public. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree, preferably in police science, criminology, sociology, business administration, political science, public administration or other management or law enforcement related field with minimum fourteen years of experience as a sworn law enforcement officer with minimum two of those years in police administration and management at the rank of lieutenant or higher in a law enforcement agency of comparable size OR Associate's Degree in police science, criminal justice or closely related with minimum sixteen years of experience as a sworn law enforcement officer with minimum five of those years in police administration and management at the rank of lieutenant or higher in a law enforcement agency of comparable size. Prefer experience in municipal law enforcement. 2. Certification by the State of Iowa Law Enforcement Academy (ILEA) as a peace officer or the ability to be certified within one year of appointment and meet all ILEA required certification standards as governed by the Iowa Code and administrative rules. 3. Experience working with culturally and racially diverse communities. 4. Must possess a current driver's license from state of residence and good driving record based on City of Waterloo driver performance criteria. 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 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 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. An applicant's driving record will be reviewed at the time of application, prior to certification of the Civil Service List and prior to an offer of employment. After hire, driving record will be reviewed at least annually. Must obtain Iowa driver's license within thirty days of appointment to position. ESSENTIAL PHYSICAL ABILITIES Requires the following with or without reasonable accommodations: 1. Sufficient clarity of speech and hearing or other communication capabilities that permits the employee to communicate effectively. 2. Sufficient vision or other powers of observation that permits the employee to review a wide variety of written material in electronic or hard copy form. 3. Sufficient manual dexterity that permits the employee to operate a personal computer and Page 40 of 187 related equipment. 4. Sufficient personal mobility and physical reflexes that permits the employee to have access to various work sites throughout the City and out of the area. 5. Must also possess the functions that are considered essential for the successful performance in this job classification and are derived from the performance objectives stated in the Medical Protocol for Police Officers as per the Municipal Fire and Police Retirement System of Iowa. MISCELLANEOUS 1. Willing to comply with the City of Waterloo Residency Policy for depai liilent directors. Must establish residency within the city limits of Waterloo within one year of employment. 2. The City of Waterloo will conduct an extensive background investigation on any applicant being considered for this position including personal, professional and employment references. 3. Following a conditional offer of employment, the City of Waterloo requires a physical examination including a drug test based on the medical protocol developed by the Municipal Fire and Police Retirement System 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. 4. Required to submit to Civil Service Examination testing procedures including oral interview testing. WORK SCHEDULE Generally 8:00 a.m. - 5:00 p.m. Monday through Friday with one hour unpaid lunch. Must also be available outside these hours for depailiiient or City activities or meetings that require the attendance of the Police Chief including Council Meetings and staff meetings. EXAMINATION INFORMATION Qualified applicants who apply by the deadline date will be preliminarily screened using a telephone interview. Those candidates who pass that screening are required to appear before an oral examination 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 oral examination. The top applicants, as ranked by their scores on the oral examination 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 military or naval 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. ORAL EXAMINATION DATE Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. CHIEF OF POLICE DESCRIPTION 19 September 2019 Page 41 of 187 Investigations Lieutenant 1st Watch Investigations Sergeant 1st shift Investigators DART/ICAC 2nd Watch Investigations Sergeant 2nd shift Investigators Crime Lab Sergeant Crime Lab Investigators School Resource Officers Tri-County Task Force Lieutenant r Tri-County Task Force Sergeant • Tri-County Task Force Investigators 1st Watch Patrol Lieutenant 1st Watch Lead Sergeant 1st A Squad Sergeant 1st B Squad Sergeant 1st C Squad Sergeant 1st Watch Police Officers Citizens of Watedoo Mayor Police Chief Patrol Captain 2nd Watch Patrol Lieutenant 2nd Watch Lead Sergeant 2nd ASquad Sergeant 2nd B Squad Sergeant 2nd C Squad Sergeant VCAT Serge ant 2nd Watch Police Officers Administrative Assistant 3rd Watch Patrol Lieutenant 3rd C Squad Sergeant Community Resource Lieutenant Internal Affairs Lieutenant Administration Captain Training Lieutenant Property Evidence Coordinator Property Evidence Tech Training Officer Page 42 of 187 d RECEIVE® SEP 1 3 21 If no, how will position be Check as applicable: PERSONNEL ' 1 QUISITION FO To start recruiting or civil service process and/or ►1 To fill a vacancy A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ********************ie**ie***+'c* it 9;*is ic*********lock * * * * * * * * * * ******9:**ix**it* kirk**k*****ix* A.* ** Position Title: Police Chief Department: Waterloo Police Department Reports To: Mayor Work Location: City of Waterloo Employment Status: ►1 Regular Full Time LJ 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: Recommended Recruitment Sources: Civil Service Position: /1 Yes ❑ No ❑ Internal Posting Only Bargaining Position: n Yes ►1 No 0 Internal Posting and External Advertising Non -bargaining Position: ® Yes ❑ No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ►1 Replacement Position for: Vacant Position (Specify name of former incumbent) If replacement, former incumbent: Retired/Resigned/Terminated n Transferred ❑ Promoted Date incumbent terminated employment/fmal payout: November 30th, 2019 Anticipated start date: January 1st, 2020 No. of hours/week: 40 /R �dUo */500lJ D Annual salary requirements: 138 278.00 is position budgeted for this and future FYs? Yes ❑ No OM Funds Work schedule: 5/2 Justification of need for position: The Waterloo Police Depai turent will have a vacancy for Chief of Police on November 30th, 2019. Police Chief is responsible for the overall leadership, philosophy, direction, planning, and organization of Police Department. The work is performed under the general direction of the Mayor and City Council and supervises approximately one hundred thirty two employees directly and indirectly. What are the likely consequences if the position is not filled? The Police Department would not have the direction and leadership required to operate internally and externally. This is a mandatory position for the Police Department. Approved subject to the following conditions: APPROVALS Submitting Department Head ChiefTinancial Officer I F, Date Mayor Date Date Human Resources Director Date _ e .---—r 1{Lmdry D,eseo ces t i `-2L Clip-{Yigaw ' Page 43 of 187 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 4/20/2020 Prepared: REVIEWERS: Department Reviewer Action Date Water Works Felchle, Kelley Approved 4/15/2020 - 11:37 AM ATTACHMENTS: Description Type ❑ BONDS FOR COUNCIL APPROVAL_4.20.20 Backup Material SUBJECT: Bonds. Page 44 of 187 BONDS FOR COUNCIL APPROVAL April 20, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 W150278883 ARENDS EXCAVATING, LLC (EXP 4/30/2020) WATERLOO, IA 65038756 BRAVO CONTRACTING, LLC DENVER, IA IA 577939 MICHAEL B GEISLER DBA GEISLER BUILDERS CEDAR FALLS, IA 62814559 MP NEXLEVEL, LLC MAPLE LAKE, MN 55-207712 QUALITY CONCRETE CONSTRUCTION, INC. WATERLOO, IA SY08901 WEBB CONCRETE, INC. INDEPENDENCE, IA 55-203860 WICKS CONSTRUCTION, INC. DECORAH, IA Page 45 of 187 CITY OF WATERLOO Council Communication FY21 One -Year Action Plan for CDBG and HOME Funds. City Council Meeting: 4/20/2020 Prepared: 4/13/2020 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 4/14/2020 - 9:47 AM Clerk Office Even, LeAnn Approved 4/14/2020 - 10:45 AM ATTACHMENTS: Description Type ❑ Council Recommendations Cover Memo ❑ Request from We Care Neighborhood Cover Memo ❑ Annual Action Plan Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Background Information: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval from Community Development Board. Resolution approving proposed funding recommendations set forth by the Community Development Board for FY21 One Year Action Plan for CDBG and HOME program funds for the Waterloo/Cedar Falls Consortium. Submitted By: Rudy D. Jones, Community Development Director Approve funding recommendations and consider written comments received A 30-day comment period was advertised and held March 1-31, 2020 on the proposed action plans. One comment was received. CDBG and HOME Program Funds The Waterloo Community Development Board approved the attached recommendations on February 18,2020. Page 46 of 187 CDBG Organization CODE Index Tab FY20 funding Level FY21 Request SubCommittee Recommendation- Activity Operation Threshold HSG 4 $ 20,000 $ 30,000 $ 20,000 Weatherization- Repair housing to reduce utility costs City of Waterloo / Leisure Services Dept. PF 5 $ 25,000 $ - FY2021 Sullivan Park Swing Set Project Emergency Repairs HSG 6 $ 75,000 $ 80,000 Emergency repair for single family homes. General Program Administration (20% of allocation) ADM 7 $ 247,391 $ 250,642 CDBG Administration 20% Iowa Heartland Habitat of Humanity HSG 8 $ 20,000 $ 75,000 $ 10,000 Emergency Repairs for Walnut and Church Row locations Neighborhood Services PS 9 $ 85,000 $ 80,000 Neighborhood Liason Northeast Iowa Food Bank PS 10 $ 10,000 $ 20,000 $ 15,000 To fund salaries and benefits for three full time employees Hospitality House PS 11 $ 25,000 $ 5,000 Waterloo Warming Center Boys and Girls Club of Cedar Valley PF 12 $ 400,000 Lime Street Elevator Boys and Girls Club of Cedar Valley PF 13 $ 150,000 Lime Street Window Weatherization Iowa Legal Aid PS 14 $ 20,000 $ 100,000 $ 5,000 Community Stabilization Project Rehabilitation Administration ADM 15 $ 300,000 $ 20,000 $ 300,000 Rehabilitation Project Delivery Costs Housing Rehabilitation HSG 16 $ 444,564 $ 472,570 Single Family Owner -Occupied Rehabilitation The Salvation Army PS 17 $ 15,000 $ 20,000 $ 15,000 Housing Services- Emergnecy Shelter TOTAL CDBG REQUESTS $ 1,236,955 $ 865,000 $ 1,253,212 HOME Organization CODE n • ex Tab FY20 Funding Level FY21 Request SubCommittee Recommendation- Activity City of Cedar Falls HSG 19 $ 89,800 $ 90,000 $ 102,222 Annual Allocation - HOME Consortium Iowa Heartland Habitat for Humanity (CHDO Request) 15% = HSG 20 $ 64,142 $ 64,200 $ 73,016 Affordable Single Family Homes - New Construction $50,571 Waterloo, $22,445 Cedar Falls Operation Threshold HSG $ 20,000 Security Deposit Assistance Down Payment Assistance HSG $ 100,000 Down Payment for income qualified first time home buyer Single Family Rehabilitation HSG 21 $ 110,916 c 262,855 Single Family Owner -Occupied Rehabilitation Administration (10% of allocation) ADM 22 $ 42,761 $ 42,800 $ 48,677 HOME Administration TOTAL HOME REQUESTS $ 427,619 $ 197,000 $ 486,770 FY20Funding FY21 Funding Estimated CHDO Allocation AVAILABLE FUNDS CDBG Award CDBG Program Income CDBG Reallocated Funds TOTAL CDBG FUNDS AVAILABLE HOME Award - ESTIMATE CHDO Activity (15% of allocation) $ - Program Income HOME Reallocated Funds TOTAL HOME FUNDS AVAILABLE Page 47 of 187 WE CARE NEIGHBORHOOD 438 COTTAGE STREET WATERLOO, IOWA 50703 24 March 2020 COMMUNITY DEVELOPMENT 715 MULBERRY ST. WATERLOO, IA.50703 Dear Mr. Jones: Greetings! I am writing on behalf of my Neighborhood Association and my neighbors that reside here in the North West corridor of Waterloo. I am asking that you would consider part of the CDBG funding that is received each year to be used to demolish dilapidated garages, sheds, ramps or houses that are beyond rehabbing. If they could be torn down or rehabbed so that they don't make our neighborhoods look unkept. At this time I know it may be passed the deadline date to make such a request for this year ;but if it is not then I would ask that you would consider setting aside funds to cover as many dilapidated garages, sheds or ramps for this year and perhaps make it a standard item to consider each year. If you would consider this opportunity to beautify Waterloo's East side it would be greatly appreciated. I understand that we all are working under quarantine but if this could be on your agenda for the upcoming meeting in April or May of this year it would be greatly appreciated. If you need more information you may reach me at 319-234-5875 or 319-610-0689. Again, I trust that you will take my request under advisement. Yours Truly, Maxine Tisdale, President Page 48 of 187 HUD PROGRAM YEAR 20 WATERLOO COMMUNITY DEVELOPMENT 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Page 49 of 187 Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The 2019-2023 Five Year Consolidated Plan identifies community needs related to eliminating slums and blight, creating and preserving affordable housing, expand economic development, ensure fair housing, improve neighborhoods, public services and facilities, and other similar needs that can assist low income households and to identify strategies to meet those goals. The Annual Action Plan describes how the jurisdiction will use the public resources each year to meet the goals and priorities identified in the Consolidated Plan. The City of Waterloo receives an annual formula allocation of Community Development Block Grant funds (CDBG). The funding must be used to assist low -moderate income individuals and households, low -moderate income areas or address an urgent need. The cities of Waterloo and Cedar Falls have established a consortium under the federal HOME program, which allows contiguous units of local government that would not otherwise qualify for funding to form a consortium to directly participate in the program. The City of Waterloo is the designated lead entity for the Waterloo/Cedar Falls HOME Consortium. HOME funding is used to address specific housing needs within the city. Each year the Waterloo Community Development Board forms a subcommittee to determine how the funds will be used to address priority needs and goals. Outside agencies may apply for funding through an annual application process. An applicant may qualify if the funding request addresses a priority need or goal identified in the Consolidated Plan. The subcommittee allocates funding based on the prior year grant funding. If the City's actual grant allocation is increased the funding will be added to rehabilitation activities. If the amount of funding allocation is decreased from the prior year, the percentage of the decrease will be subtracted from each individual activity. 2. Summarize the objectives and outcomes identified in the Plan OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 1 2020 Page 50 of 187 The goals and outcomes identified in this Action Plan are taken from the Consolidated Plan which describes how federal funds and other resources will be allocated and what other actions will be taken to address community development and affordable housing needs over the next five years. • To provide decent housing in the community by preserving and providing new affordable housing, reducing barriers to housing, increasing supportive housing for those with special needs, and transitioning homeless persons and families into housing. • Provide suitable living environments by eliminating slums and blight, create safer and more resilient neighborhoods, integrate of low - and moderate -income residents in both communities with housing opportunities, improve access to public services and facilities, and reinvest in deteriorating neighborhoods. • Expand economic opportunities through more jobs paying self-sufficient wages, homeownership opportunities, improving access to employment, development activities that promote long-term community viability, and the empowerment of low- and moderate -income person to achieve self-sufficiency through public services and other means. 3. Evaluation of past performance The City of Waterloo was successful in achieving its goals through programs including our Owner -Occupied Single -Family Rehabilitation Program that was partnered with our Lead Hazard Control Program to provide homeowners with grants for home rehabilitation to sustain the affordable housing stock in the area. The City of Waterloo successfully rehabilitated 28 single-family owner -occupied homes during the program year. The Emergency Repair Program provided homeowners with a grant for emergency situations that affected health and safety. At this time, 23 households were assisted with emergency assistance for repairs. Funds provided to the Salvation Army were used to operate two homeless shelters in the Waterloo area. The Salvation Army's shelters give those in the crisis of homelessness a safe environment in which all of their basic needs for shelter, food, and clothing are met. As reported during the previous year the Salvation Army assisted 302 homeless individuals. 4. Summary of Citizen Participation Process and consultation process OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 2 2020 Page 51 of 187 In 2019, Waterloo conducted a multi -pronged approach to citizen participation and engagement. An advertisement was posted online and, in the Waterloo, /Cedar Falls Courier asking citizens to participate in the annual planning process. The "Your Opinion Counts" campaign allowed citizens to submit comments and ideas for how the annual funding could be spent. Most of the Citizen Participation took place during the planning of the 5 Year Plan. Waterloo and Cedar Falls collaborated on an online survey asking for citizen to answer the survey regarding community needs. Social media outlets from both cities, but also each school district, other organizations, and neighborhood groups were used to share the online survey. Paper versions of the same survey were also made available through city offices, but also at local agencies and organizations that provide assistance to low-income households. Those agencies included Operation Threshold and the Northeast Iowa Food Bank, and Eastside Ministerial Alliance. In addition, other opportunities for outreach were utilized to notify the upcoming survey, including the 2018 Waterloo Fall Neighborhood Association Leadership Meeting. Four focus groups were also organized with stakeholders from the community representing public agencies and private non-profit organizations that serve both communities. For those that were unable to attend, follow up one-on-one interviews and digital surveys utilizing the focus group questionnaires were used for input. Based on the input received from the community, stakeholders, including service providers, non-profit organizations, city departments and staff, and the prepared housing market analysis, and the analysis of impediments, a set of priorities were established by the cities for the next five years. The planning process and input for were utilized for preparing the Five -Year Consolidated Plan. The input included a review on identifying city needs and evaluation of existing resources. Additional information provided by focus groups and one-on-one meetings identified additional needs and gaps in services, and provided input in establishing strategies to address both the needs and gaps in services and programs in the community. Additional information, including city regulations and ordinances, and additional data and resources were also utilized for preparing the Consolidated Plan. In preparation of the FY20 Annual Plan the Waterloo Community Development Board held its first public hearing for citizen Input on January 14, 2020. A second public hearing was held on February 18th and another during the City Council Meeting on April 20, 2020. 5. Summary of public comments OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 3 2020 Page 52 of 187 Waterloo Community Development was open to take comments during our " Your Opinion Counts" campaign, January 14th Public Hearing, February 18th Public Hearing, the March 1-31 Comment Period and also the April 20th City Council Public Hearing. The following comments were received: • Fix up older homes that are repairable and allow more low-cost rentals. • Northeast Iowa Food Bank thanked the board for their past funding and explained the need for help is still there. The Food Bank is asked for $20,000 as they serve an estimated 3,000 people per month. • Northeast Iowa Food Bank thanked the board for their past funding and thanked the subcommittee for recommending the funding amount of $15,000 for FY21. • We Care Neighborhood Association submitted a comment letter recommending funding for demolition and clearance of garages, sheds and ramps that are beyond rehabbing. The neighborhood would like to see dilapidated structures torn down to improve the neighborhood. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments were accepted. 7. Summary The City of Waterloo engaged in a variety of public outreach and provided different levels of opportunity for public input from the community in order to prepare an Annual Plan that best reflected the needs of the community. Over the next year, Waterloo will continue to provide housing and community development services through housing programs and through partnerships with a wide variety of community and public service providers. Affordable housing remains our number one goal and we will engage in activities to support and achieve our affordable housing goals. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 4 2020 Page 53 of 187 PR-05 Lead & Responsible Agencies — 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Agency Role Name Department/Agency Lead Agency WATERLOO CDBG Administrator WATERLOO Community Development Department HOPWA Administrator HOME Administrator WATERLOO Community Development Department HOPWA-C Administrator Table 1— Responsible Agencies Narrative The Waterloo Community Development Department is the lead agency for the preparation of the Waterloo/Cedar Falls Consolidated Plan and the HOME grant program. Waterloo and Cedar Falls are part of a HOME Consortium to receive HOME funds to address housing needs in the two communities. Each city is responsible for the administration of their respective CDBG Program. Consolidated Plan Public Contact Information Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Phone- 319-291-4429 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 5 2020 Page 54 of 187 AP-10 Consultation — 91.100, 91.200(b), 91.215(1) 1. Introduction In 2018-2019 during the development of the 2019-2023 Five Year Consolidated Plan is when the main consulting occurred. Four focus groups were organized on December 4, 5, and 6, 2018 with the community development staff from both Waterloo and Cedar Falls to discuss the current needs and gaps in services, actions that would remove barriers, as well as what actions the two communities could take to improve those issues. For those agencies and non -profits that were unable to attend the focus groups, additional one-on-one meetings were held. In preparation of the 2020 Annual Action Plan, Waterloo Community Development Staff met with a number of agencies including nonprofit and for -profit developers, public service agencies and other departments within the city to address housing barriers, needs and goals for the upcoming fiscal year. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) During the Consolidated Plan consultations, Waterloo Community Development staff and City of Cedar Falls staff met with 28 different Cedar Valley organizations. The organizations formed focus groups to talk about housing, healthcare, utilities, homelessness, childcare, transportation and other general need topics. Each agency was able to contribute to the group the services they provide in the community. In addition, Waterloo Community Development meets with the Black Hawk County Health Department to discuss rehabilitation services and children with elevated blood lead levels (EBL) monthly. The Community Development staff keeps the Black Hawk County Health Department up to date on programs available to the community. In turn, Black Hawk County Health Department has partnered with Waterloo Community Development to provide outreach for our current grant funding. The Waterloo Community Development Board holds its monthly board meeting at City Hall the third Tuesday of every month. During the meeting a service agency is invited to speak to the board and explain the types of services they provide. This provides open discussion on how we can partner our services to be more effective in the community. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 6 2020 Page 55 of 187 Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Black Hawk County Local Homeless Coordinating Board (LCHB) as part of the Black Hawk/Grundy/Tama Coordinate Service Region has prepared their 2018 Policy and Procedure for Coordinated Entry, which identifies goals, principles, and identified targeted populations. In addition, the Policy and Procedure identifies the designated lead agency for coordinated entry procedures, provides guidance for assessments, screening, prioritization, and also provides guidance for the evaluation and updating of these procedures. Representative from agencies, including Community Housing Initiatives, the designated lead agency, that are members of the LCHB participated in the December 4th focus group and provided detailed information on housing needs for homeless persons as well as those that are at -risk of homelessness, and provided input on housing needs, barriers, and potential solutions. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Waterloo and Cedar Falls currently do not receive ESG funds. The Black Hawk County Local Homeless Coordinating Board (LCHB) is the region's Continuum of Care (Coc) organizations, which manages homelessness policies and coordinates entry. The LCHB has extensive membership, with over 50 members and with representation from approximately 40 different agencies, including state and local government agencies, non-profit, faith -based organizations, health clinics, and local businesses. The board meets every two months to coordinate their efforts to respond to housing and service needs of Black Hawk County's homeless population. In addition, the board organizes the annual Point -In -Time survey, which is conducted in January of every year. The LHCB does have a county -wide focus, but the majority of services and needs are met within Waterloo and Cedar Falls. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 7 2020 Page 56 of 187 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization WATERLOO HOUSING AUTHORITY Agency/Group/Organization Type PHA What section of the Plan was addressed by Consultation? Public Housing Needs Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Participated in one on one interview. 2 Agency/Group/Organization BLACK HAWK COUNTY HEALTH DEPARTMENT Agency/Group/Organization Type Services -Health Health Agency What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Lead -based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Monthly meetings are held with the Black Hawk County Health Department to discuss lead- based paint programs and outreach. Black Hawk County Health Department is a partner in our Lead Hazard Control Program. 3 Agency/Group/Organization CITY OF CEDAR FALLS Agency/Group/Organization Type Other government - Local Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 8 Page 57 of 187 What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Strategy Economic Development Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Waterloo is in a HOME Consortium with the City of Cedar Falls. Regular meetings were held to discuss affordable housing strategies, economic development and homeless strategies. 4 Agency/Group/Organization IOWA HEARTLAND HABITAT FOR HUMANITY Agency/Group/Organization Type Services - Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held. Habitat is the CHDO for Waterloo and Cedar Falls. Habitat is also in partnership with the City of Waterloo to revitalize target neighborhoods. 5 Agency/Group/Organization IOWA WORKFORCE DEVELOPMENT Agency/Group/Organization Type Services -Employment What section of the Plan was addressed by Consultation? Housing Need Assessment Non -Homeless Special Needs Anti -poverty Strategy Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 9 Page 58 of 187 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held. Iowa Workforce Development has partnered with Hawkeye Community College to provide job skill training on residential rehabilitation to help individuals who are currently working on their GED gain employment. Waterloo Community Development has partnered in the program to provide technical assistance. 6 Agency/Group/Organization HAWKEYE COMMUNITY COLLEGE Agency/Group/Organization Type Services -Education What section of the Plan was addressed by Consultation? Housing Need Assessment Non -Homeless Special Needs Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held. Hawkeye Community College has partnered with Iowa Workforce Development to provide job skill training to individuals currently working on their GED. Waterloo Community Development has also partnered with the groups to provide technical assistance. 7 Agency/Group/Organization NORTHEAST IOWA FOOD BANK Agency/Group/Organization Type Food Pantry What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings are held with the Northeast Iowa Food Bank. Email communication was also used in consulting. The Northeast Iowa Food Bank is a food supplier for low -moderate income households. The food bank provides essentials to low income and homeless individuals. Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 10 Page 59 of 187 8 Agency/Group/Organization OPERATION THRESHOLD Agency/Group/Organization Type Services - Housing Services -homeless Services - Victims What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held with Operation Threshold to discuss housing strategies and homelessness. 9 Agency/Group/Organization THE SALVATION ARMY Agency/Group/Organization Type Services -homeless What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held in addition to email correspondence. Waterloo Community Development partners with The Salvation Army for HMIS and homeless data collection. 10 Agency/Group/Organization WATERLOO PLANNING AND ZONING DEPARTMENT Agency/Group/Organization Type Other government - Local Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 11 Page 60 of 187 What section of the Plan was addressed by Consultation? Housing Need Assessment Non -Homeless Special Needs Market Analysis Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held to discuss planning strategies of publicly owned land that could possibly be used for affordable housing. Identify any Agency Types not consulted and provide rationale for not consulting Agencies were consulted in relevance to the 5 Year Con Plan goals. All agency types were consulted for the completion of the 5 Year Plan. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Black Hawk County Local Homeless Coordinating Board The city supports efforts to reduce homelessness and improve and coordinate strategies for identifying homeless persons and assisting with efforts to provide housing OMB Control No: 2506-0117 (exp. 06/30/2018) Table 3 — Other local / regional / federal planning efforts Annual Action Plan 12 2020 Page 61 of 187 AP-12 Participation — 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Citizen Participation for Waterloo Community Development consisted of furnishing citizens with information concerning the amount of Community Development Block Grant (CDBG) and HOME funds there were expected to be available for community development and housing activities, and the range of activities that may be undertaken with those funds. Citizens are then given opportunity to comment and make suggestions on how the funds could be used for low -moderate income activities or activities for prevention of slum and blight. Citizen Participation Outreach Sort 0 rder Mode of 0 utreach Target of 0 utreach Summary of response/att endance Summary o f comments r eceived Summary of co mments not accepted and reasons URL (If applicable) 1 Informatio n Forum Community Services November 12, 2019 an Informationa I Forum was held for CDBG and HOME applicants. There were 8 service agencies and the CHDO organization in attendance. Comments consisted of questions regarding the application process. All questions were answered during the forum. If any applicants had additional questions, they were directed to email Angie.fordyce @waterloo - ia.org. http://www.cityofwaterlooiowa.com/departments/co mmunity_development/index.php Table 4 — Citizen Participation Outreach Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 13 Page 62 of 187 Expected Resources AP-15 Expected Resources — 91.220(c)(1,2) Introduction The section discusses the resources that will be used to meet the goals of the FY20 Annual Action Plan. The resources may involve partnership opportunities and other private and non-federal public sources as they become available. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 1,253,212 1,742 0 1,254,954 3,732,866 There are no prior year resources available at this time. Total funds available consist of FY20 funding and FY19 Program Income Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 14 Page 63 of 187 Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 486,770 6,800 348,668 842,238 1,352,728 Cedar Falls will be reprogramming all prior year funding from FY15 through FY19. Total funds available consist of FY20 funding and FY19 Program income as well as Cedar Falls prior year resources that will be reprogramed. OMB Control No: 2506-0117 (exp. 06/30/2018) Table 5 - Expected Resources — Priority Table Annual Action Plan 15 2020 Page 64 of 187 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City of Waterloo will continue to leverage additional resources as made available to address any of the identified goals, including housing and non -housing community development issues. Resources will include local, state, and other federal grant resources. Currently, we are leveraging CDBG dollars with the Lead Hazard Control Grant used to remediate lead hazards in the home. We also receive funding through the Waterloo Housing Trust Fund and the Otto Schoitz Foundation. These dollars are used to leverage our CDBG Emergency Repair Program. Through combined funding we are better able to serve the needs of the community and offset the increasing construction costs. Waterloo continues to meet the required HOME match requirement by requiring HOME fund subrecipients to provide a 25% match in order to utilize the available funds, including those generated from the City's Community Housing Development Organization (CHDO). The provided matching funds used by subrecipients are non-federal funds. Waterloo will also utilize loan programs that provide needed services to assist with matching funds. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Currently Waterloo utilizes publicly owned land that has been obtained through the 657A process for new construction and rehabilitation. Property with rehab able structures are sold to bidders for the purpose of rehabilitation and resale or to be used as rental property. Through this process we are able to stabilize our affordable housing stock. The city has donated land that has been captured through the 657A process to Habitat for Humanity for the purpose of new construction homes to be sold to low -moderate income families. Waterloo Community Development has formed a partnership with private developers looking to rehabilitate housing that has been acquired through the 657A process. In turn, Waterloo will provide down payment assistance to low -moderate -income first-time homebuyers purchasing the affordable housing. Discussion Affordable housing is the number one goal in the Waterloo/Cedar Falls Home Consolidated 5 Year Plan. The City of Waterloo is expanding the affordable housing market through the sale of publicly owned land for rehabilitation and new construction of affordable housing. The City of Cedar Falls will be reprogramming its FY15 through FY19 HOME funds to increase its affordable housing stock through a partnership with Iowa Heartland Habitat for Humanity. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 16 2020 Page 65 of 187 Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Housing Rehabilitation 2020 2021 Affordable Housing Citywide Local Targeted Neighborhoods Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization CDBG: $474,312 HOME: $489,655 Rental units rehabilitated: 10 Household Housing Unit Homeowner Housing Rehabilitated: 25 Household Housing Unit 2 Owner Occupied Emergency Repair 2020 2021 Affordable Housing Citywide Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization CDBG: $80,000 Homeowner Housing Rehabilitated: 20 Household Housing Unit Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 17 Page 66 of 187 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 3 Homeownership 2020 2021 Affordable Housing Citywide Local Targeted Neighborhoods Create and Sustain Affordable Housing Neighborhood Stabilization HOME: $113,906 Homeowner Housing Added: 2 Household Housing Unit 4 Neighborhood Services 2020 2021 Non -Homeless Special Needs Non -Housing Community Development Local Targeted Neighborhoods Neighborhood Stabilization CDBG: $80,000 Public service activities other than Low/Moderate Income Housing Benefit: 500 Persons Assisted 5 Acquisition of Real Property 2020 2021 Affordable Housing Citywide Create and Sustain Affordable Housing Neighborhood Stabilization HOME: $190,000 Homeowner Housing Added: 2 Household Housing Unit 6 Public Services 2020 2021 Affordable Housing Homeless Non -Homeless Special Needs Non -Housing Community Development Citywide Homelessness Prevention CDBG: $40,000 Public service activities other than Low/Moderate Income Housing Benefit: 500 Persons Assisted Homeless Person Overnight Shelter: 50 Persons Assisted Overnight/Emergency Shelter/Transitional Housing Beds added: 40 Beds Homelessness Prevention: 10 Persons Assisted Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 18 Page 67 of 187 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 7 Clearance and Demolition 2020 2021 Affordable Housing Non -Housing Community Development Citywide Create and Sustain Affordable Housing Neighborhood Stabilization CDBG: $30,000 Buildings Demolished: 5 Buildings Table 6 — Goals Summary Goal Descriptions 1 Goal Name Housing Rehabilitation Goal Description Housing rehabilitation provides assistance to L/M income qualified home owners or renters occupying the home. The assistance may be in the form of a grant or loan. Lead remediation projects that remove lead -based paint hazards from the home may be included. Rehabilitation projects on rental units will also be occupied at affordable rents. Habitat for Humanity will be completing rehabilitation projects in the Walnut Neighborhood as well. CDBG funding provides rehabilitation in slum or blighted areas and spot blight rehabilitation where the structure is not located in the slum and blighted area and rehabilitation is limited to the removal of the exterior blight. 2 Goal Name Owner Occupied Emergency Repair Goal Description Provide assistance with repairs that can help keep housing safe and sanitary and that are above normal maintenance needs, for qualified owner -occupied homes. 3 Goal Name Homeownership Goal Description Creating homeownership through new construction of affordable housing. CHDO construction of new housing for low - moderate income families. Acquisition will provide homeownership through a rehabilitation and resale process to low - moderate income families. Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 19 Page 68 of 187 4 Goal Name Neighborhood Services Goal Description Provide neighborhood services utilizing education and outreach to assist in making neighborhoods resilient and assist with connecting neighborhoods needs with available resources, including non -profits, agencies, and other organizations that are working on improving the quality of life on Waterloo's neighborhoods. Also provide outreach for the various Community Development programs, work in economic development efforts in low-income neighborhoods. 5 Goal Name Acquisition of Real Property Goal Description Assist with the acquisition of properties that can be used for rehabilitation of existing structures which can be used to meet affordable housing needs in the community. Additionally, program will include the resale of the housing. 6 Goal Name Public Services Goal Description Support services that assist extremely -low, low, and moderate -income individuals, including outreach and education services, homelessness prevention, neighborhood stabilization, and services that will help create and sustain affordable housing. Public service also includes providing operating costs to The Salvation Army homeless shelters. 7 Goal Name Clearance and Demolition Goal Description Demolish vacant and dilapidated buildings that will assist with eliminating slum and blight and creating infill development sites or the conversion to those areas into green spaces. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 20 2020 Page 69 of 187 Projects AP-35 Projects — 91.220(d) Introduction The following projects are based on the City's identified priority needs: • Create and Sustain Affordable Housing • Homeless Prevention • Neighborhood Stabilization The City will use CDBG and HOME funding to support the projects that address priority needs. The majority of the projects are targeted to low - moderate income individuals and households, or neighborhoods in the census tracts with 51% or more low- moderate income households. Projects # Project Name 1 Housing Rehabilitation 2 Owner Occupied Emergency Repairs 3 Homeownership 4 Neighborhood Services 5 Public Services 10 CDBG Rehab Administration 11 CDBG General Administration 12 HOME General Administration 13 Acquisition 14 Clearance and Demolition Table 7 - Project Information OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 21 2020 Page 70 of 187 Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The reasoning for the allocation priorities are based on our priority goals: • Create and Sustain Affordable Housing- There is continued need for new housing stock, with 76% of housing built prior to 1979, and there is need for affordable housing both single and family, but especially rentals that can accommodate people with disabilities. People with disabilities currently represent 30% of the wait list for Section 8 Vouchers and over 60% of those that are 65 years or older have disabilities. New housing projects, especially infill projects can help with reducing slum and blight. • Homeless Prevention- With many low-income households that rent, housing cost burdens remain a big issue and programs that provide assistance by providing deposit or rent assistance can help alleviate and stabilized those households and reduce their risk of becoming homeless. The large number of households also awaiting assistance through Section 8 Housing Choice Vouchers demonstrates that there is additional support needed in the community to help reduce the gap for rental and deposit support for low income households. • Neighborhood Stabilization- Waterloo has 37 recognized neighborhoods. A large percentage of the neighborhood associations are located in census tracts with low incomes and high racial concentrations. The neighborhood focused approach to working on eliminating slum and blight, improving housing, and other strategies to improve economic opportunities, requires that the City of Waterloo provides a liaison to help assist programs and services with neighborhoods, which will help assist the success of the proposed projects. Current obstacles to addressing underserved needs include: • Lack of necessary resources- our current waiting list for Housing Rehabilitation is over 7 years long. Funding that is provided only serves a fraction of the waiting list each year. The City of Waterloo has a large stock of older deteriorating homes causing the list to grow every year. Our area is facing a shortage of contractors and trade workers. This contributes to higher construction costs in the area due to demand. As and affect the funding received is helping less households as in prior years. • Rising housing costs- assessed values on homes continues to rise however, income in the area is on rising at the same speed. High property taxes cause a burden on landlords with rentals as rents must increase to keep up with the rising tax burden. • Lack of non -poverty wage employers- economic development continues to be a barrier in the City. With rising housing costs homeowners are able to make monthly payments and cover monthly expenses. This leaving little to no money for maintenance of upkeep of housing. The need for above poverty wage employers in the area would help reduce the burden of local housing costs. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 22 2020 Page 71 of 187 AP-38 Project Summary Project Summary Information 1 Project Name Housing Rehabilitation Target Area Citywide Local Targeted Neighborhoods Goals Supported Housing Rehabilitation Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding CDBG: $474,312 HOME: $489,655 Description This project provides housing rehabilitation assistance to L/M income qualified home owners or renters occupying the home. The assistance may be in the form of a grant or loan. Lead remediation projects that remove lead -based paint hazards from the home may be included. Rehabilitation projects on rental units will also be occupied at affordable rents. Habitat for Humanity will be completing rehabilitation projects in the Walnut Neighborhood as well. CDBG funding provides rehabilitation in slum or blighted areas and spot blight rehabilitation where the structure is not located in the slum and blighted area and rehabilitation is limited to the removal of the exterior blight. CDBG funding will be used to assist low- income households through Operation Threshold's Weatherization Plus Programs. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The estimated number of low -moderate income households that would benefit from housing rehabilitation activities is 35. Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 23 Page 72 of 187 Location Description The location where housing rehabilitation will take place is citywide. Specific programs will target the Walnut and Church Row neighborhoods. Planned Activities Housing Rehabilitation activities will include: • Single -Family Owner -Occupied Rehabilitation • Rental Rehabilitation • Operation Threshold Weatherization Plus Program • Iowa Heartland Habitat for Humanity Walnut and Church Row Neighborhood Projects 2 Project Name Owner Occupied Emergency Repairs Target Area Citywide Goals Supported Owner Occupied Emergency Repair Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding CDBG: $80,000 Description Provide assistance with emergency repairs that can help keep housing safe and sanitary and that are above normal maintenance needs. Emergency repairs are limited to L/M income qualified homeowners. Assistance may be in the form of a grant or a loan. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The estimated number of households that will benefit from this activity is 20. Location Description The location where emergency repairs will take place is citywide. Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 24 Page 73 of 187 Planned Activities Emergency repair activities include: • Owner Occupied Emergency Repairs 3 Project Name Homeownership Target Area Citywide Local Targeted Neighborhoods Goals Supported Homeownership Needs Addressed Create and Sustain Affordable Housing Neighborhood Stabilization Funding HOME: $113,906 Description Construction of new affordable housing units with CHDO funds that will be sold to L/M income qualified home buyers. CHDO funds are subject to the same HOME provisions for new construction. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The estimated number of low -moderate income households that would benefit from homeownership is 2. Location Description The location where homeownership activities will take place is citywide. Activities will also take place in Neighborhood Strategy Areas. Planned Activities Homeownership activities include: • Iowa Heartland Habitat for Humanity CHDO New Construction 4 Project Name Neighborhood Services Target Area Local Targeted Neighborhoods Goals Supported Neighborhood Services Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 25 Page 74 of 187 Needs Addressed Neighborhood Stabilization Funding CDBG: $80,000 Description Provide neighborhood services utilizing education and outreach to assist in making neighborhoods resilient and assist with connecting neighborhood needs with available resources, including non -profits, agencies, and other organizations working on improving the quality of life in Waterloo's neighborhoods. Also provide outreach for the various Community Development programs. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The estimated number of low -moderate income families that will benefit from the proposed activity is 500. Location Description Neighborhood Services will conduct activities in low income census tracks and high poverty and high minority areas. Planned Activities Neighborhood services planned activities include: • Neighborhood Services 5 Project Name Public Services Target Area Citywide Goals Supported Public Services Needs Addressed Creating and Sustaining Affordable Housing Homelessness Prevention Funding CDBG: $40,000 Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 26 Page 75 of 187 Description Provide assistance to Iowa Legal Aid to help L/M income qualified families that are faced with eviction and other legal housing issues. Provide assistance the Northeast Iowa Food Bank to cover operating costs of the food pantry that assists L/M income qualified households in need of assistance. Provide funding to The Salvation Army for operating costs of their emergency shelters and the Hospitality Housing warming center in Waterloo. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The estimated number of individuals that will benefit from public service activities is 600. Location Description The locations of the proposed activities are: • Northeast Iowa Food Bank- 1605 Lafayette St. Waterloo, IA 50703 • The Salvation Army Shelters- 149 Argyle St. Waterloo, IA 50703 and 603 S. Hackett Rd. Waterloo, IA 50703 • Hospitality House- To be determined for the upcoming year • Iowa Legal Aid- 607 Sycamore St. #304 Sycamore St. Waterloo, IA 50703 Planned Activities Public Service Activities include: • Northeast Iowa Food Bank • The Salvation Army Emergency Shelters • Hospitality House Warming Center • Iowa Legal Aid- 6 Project Name CDBG Rehab Administration Target Area Citywide Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 27 Page 76 of 187 Goals Supported Housing Rehabilitation Owner Occupied Emergency Repair Neighborhood Services Public Services Clearance and Demolition Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding CDBG: $300,000 Description Administration of the Owner -Occupied Rehabilitation and Owner -Occupied Emergency Repair programs Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Rehabilitation Administration for Waterloo Community Development is located at: • Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Planned Activities Rehabilitation Administration 7 Project Name CDBG General Administration Target Area Citywide Goals Supported Housing Rehabilitation Owner Occupied Emergency Repair Neighborhood Services Public Services Clearance and Demolition Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 28 Page 77 of 187 Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding CDBG: $247,391 Description Administration of CDBG Programs. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description General Administration for Waterloo Community Development is located at: • Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Planned Activities CDBG General Administration 8 Project Name HOME General Administration Target Area Citywide Goals Supported Housing Rehabilitation Homeownership Acquisition of Real Property Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding HOME: $48,677 Description Administration of the HOME program. Target Date 6/30/2021 Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 29 Page 78 of 187 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description HOME Administration for Waterloo Community Development is located at: • Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Planned Activities HOME General Administration 9 Project Name Acquisition Target Area Citywide Goals Supported Acquisition of Real Property Needs Addressed Create and Sustain Affordable Housing Neighborhood Stabilization Funding HOME: $190,000 Description Acquisition will be used for costs to acquire property for the purpose of rehabilitation and to rehabilitate properties for use or resale for residential purposes. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The estimated number of low -moderate income households that will benefit from the activity is 2. Location Description The location where the acquisition will take place will be citywide in the City of Cedar Falls. Planned Activities Acquisition activities include: • Acquisition of Real Property Project Name Clearance and Demolition Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) 30 Page 79 of 187 10 Target Area Citywide Local Targeted Neighborhoods Goals Supported Clearance and Demolition Needs Addressed Create and Sustain Affordable Housing Neighborhood Stabilization Funding CDBG: $30,000 Description Demolish vacant and dilapidated buildings that will assist with eliminating slum and blight and creating infill development sites or the conversion to those areas into green spaces. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The estimated number of low -moderate income households that will benefit from demolition and clearance activities is 5. Location Description The location where clearance and demolition will take place is citywide. Planned Activities Clearance and demolition activities include: • Clearance and Demolition OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 31 2020 Page 80 of 187 AP-50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Priority areas that will be targeted with funds are areas of low-income census tracts and areas of racial concentration. While these areas are located throughout Waterloo, the majority are located within the Consolidated Urban Revitalization Area (CURA) and Waterloo will continue to concentrate specific activities within the boundary area. The CURA encompasses the majority of census tracts with low income populations, areas of racial concentration, and housing with high lead risk, but there are census tracts beyond the CURA so it will be important to ensure those LMI areas also receive assistance. Additionally, the community survey identified three general areas and neighborhoods that had the highest priority which included the East Side, specifically areas along East 4th Street, which includes the Walnut neighborhood, and the Church Row neighborhood. All of the above neighborhoods are located within the CURA and in census tracks with concentrations of LMI populations, are areas with racial concentrations, and have also been identified as areas with high lead risk by the Iowa Department of Health. Community Development is partnering with local agencies and non -profits to work on a neighborhood level to target affordable housing, including rehabilitation and new construction efforts and other efforts to reduce slum and blight, and the above areas will be considered areas of priority. Due to the number of census tracts that area identified as LMI areas in Waterloo, if opportunities arise in other LMI neighborhoods for new partnerships, they will also be considered. Additionally, HUD estimates indicate that Waterloo has 33,665 LMI persons, or 50.53% of the population that is considered LMI, and so it will be important to offer services throughout the community as services and needs are not restricted to a neighborhood basis. Geographic Distribution Target Area Percentage of Funds Citywide 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The LMI percentage required for CDBG eligibility is 51% of residents. HUD estimates indicate that Waterloo has 33,665 LMI persons, or 50.53% of the population as of 2018. Waterloo has 27 census tracts, with 17 of those located within the city boundary, while 10 extend beyond the city limits. Of the 27 census tracts, 16 of the 27 are considered LMI and include 1, 2, 3, 4, 5, 7, 8, 9, 11, 14, 15.03, 16, 17.01, 17.02, 18, and 19. The Annual Action Plan 32 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 81 of 187 majority of the census tracts are included in the Consolidated Urban Revitalization Area (CURA). HUD defines areas of racial or ethnic minority concentration as geographical areas where the percentage of minorities or ethnic persons is 10% higher than in the city overall. Waterloo has several census tracts that meet the criteria for areas of racial concentration, which is when a single minority/ethnic group exceeds at least 10% of the group's citywide average, as racial minorities comprised 23.8% of the population. In Waterloo, an area of racial concentration includes the Census tracts where the percentage of minority residents is 33.8% or higher. Those census tracts include 1, 2, 3, 5, 7, 9, 17.01, 17.02, 18, 19, and all those census tracts are included in the Consolidated Urban Revitalization Area (CURA). Census tracts 7, 8, and 11 are considered areas of concentration for Hispanic or Latinos. Census tract 3 shows an area of concentration for Asians, census tract 7 has a concentration of other races, while census tracts 1, 2, 5, 7, 17.01, 17.02, 18, and 19 are shown to be areas of racial concentration for Blacks/African-Americans. Discussion The housing rehabilitation and emergency repair programs continue to be significant programs in helping low-income residents remain in their homes as well as the construction of new single-family homes through the assistance of a community housing development organization. Approximately 50% of the Waterloo households are considered low income and assisting with home repairs and the rehabilitation of their property can ensure they can remain safely in their homes and ensure future affordable housing stock is in safe and sanitary condition. Additional efforts, including neighborhood clean ups, infrastructure improvements, and other efforts to reduce slum and blight can also help improve the existing housing stock and neighborhoods. There are also continued efforts to assist with the construction of new single-family homes in existing vacant infill lots, which will help boost the number of new affordable housing options. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 33 2020 Page 82 of 187 Affordable Housing AP-55 Affordable Housing — 91.220(g) Introduction The City of Waterloo will continue to focus its efforts in supporting the development and rehabilitation of affordable housing. Affordable housing continues to be a high priority in Waterloo and efforts will encompass a variety of the proposed activities to ensure there is quality affordable housing available in Waterloo. The activities will include support for a community housing development organization for the development of new affordable housing construction. Other major efforts will be the continued efforts towards the rehabilitation of existing single-family homes to make them safe and sanitary, remove lead -based hazards, and with help reduce slum blight with those improvements, and ensure homeowners can continue to reside in their homes. Another important project will be the continuation of providing emergency repairs to owner occupied housing, which will ensure that emergency issues in a home will not escalate and reduce damage and ensure the owners can remain in their home. One Year Goals for the Number of Households to be Supported Homeless 90 Non -Homeless 1,074 Special -Needs 0 Total 1,164 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 2 Rehab of Existing Units 35 Acquisition of Existing Units 2 Total 39 Table 10 - One Year Goals for Affordable Housing by Support Type OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 34 2020 Page 83 of 187 Discussion The housing rehabilitation and emergency repair programs continue to be significant programs in helping low-income residents remain in their homes as well as the construction of new single-family homes through the assistance of a community housing development organization. Approximately 50% of the Waterloo households are considered low income and assisting with home repairs and the rehabilitation of their property can ensure they can remain safely in their homes and ensure future affordable housing stock is in safe and sanitary condition. Additional efforts, including neighborhood clean ups, infrastructure improvements, and other efforts to reduce slum and blight can also help improve the existing housing stock and neighborhoods. There are also continued efforts to assist with the construction of new single-family homes in existing vacant infill lots, which will help boost the number of new affordable housing options. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 35 2020 Page 84 of 187 AP-60 Public Housing — 91.220(h) Introduction The Waterloo Housing Authority owns and manages a 50-unit senior public housing facility known as Ridgeway Towers as well as operating a Section 8 Housing Choice Voucher Program. The public housing units are open to seniors and disabled individuals. Actions planned during the next year to address the needs to public housing The Waterloo Housing Authority has partnered with Common Bond Developers to provide 5 project -based vouchers in a new housing development. The project is not complete at this time. Other activities scheduled for Ridgeway Towers include a tree replacement project to replace ash trees that were removed by the City, replacement of interior security doors and new LED lighting fixtures in the parking lot. Actions to encourage public housing residents to become more involved in management and participate in homeownership The Waterloo Housing Authority offers a Homebuyer Education Class to low income residents to educate households on the process of owning a home. The class is offered twice a year and individuals must provide income verification to attend. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Waterloo Housing Authority is designated a "high performer". Discussion Currently, the Waterloo Housing Authority has a waiting list for its public housing units. At this time Ridgeway Towers has one vacant unit in a make ready status. There remains a severe lack of housing for young disabled persons, and those with disabilities represent 30% of those on the waitlist and there are no affordable rentals in Waterloo, particularly rentals to accommodate those with disabilities. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 36 2020 Page 85 of 187 AP-65 Homeless and Other Special Needs Activities — 91.220(i) Introduction Currently, The City of Waterloo does not receive direct funding such as ESG for homeless. Homelessness does remain one of our top priorities. By providing funding to The Salvation Army and the Hospitality House we are addressing homeless needs directly. We continue to include homelessness for our partners that need Certification of Consistency with the Consolidated Plan. This allows the city to address homeless needs through other agencies that receive other federal, state and local funding. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City will continue to participate in the Black Hawk County Local Homeless Coordinating Board (LHCB), the region's Continuum of Care organization. The LHCB conducts the annual Point -In -Time survey and the results are shared with the Institute of Community Alliance. There are multiple social service agencies and providers in the Consortium that provide benefits and assistance to low income persons and households with a focus of preventing homelessness. Many of the organizations are also focused on providing assistance to those persons and households currently experiencing homelessness. The organizations provide the following services: counseling, legal assistance, case management, life skill training, financial literacy courses, access to basic everyday resources including food, victim advocacy, and mental health related activities. These activities help assist low income persons and households to become more self-sufficient. By developing the skills and knowledge provided by the service providers, residents can then transition into permanent supportive housing or into independent living environments and can maintain employment and help stabilize them and reduce the risk of homelessness. Addressing the emergency shelter and transitional housing needs of homeless persons Emergency Shelters The Salvation Army operates two emergency shelters in Waterloo. The shelters include an 18-bed facility for single men, and there is separate 32-bed facility for women and children. Catholic Worker House provides 22 beds for both men and women in their facility. Children under the age of 18 in need of temporary housing are placed in the county's youth shelter, a non -secured facility that provides short OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 37 2020 Page 86 of 187 termed care. The youth shelter primarily serves victims of physical of sexual abuse, children whose family are experiencing a crisis, children awaiting foster care or group home placement, and children referred directly from a psychiatric unit. Transitional Housing Several facilities in Waterloo provide transitional housing for homeless individuals and families. House of Hope, a privately funded organization, provides 10 units with 24 beds and currently has a waitlist for families in need of assistance. Additionally, the program will begin to provide transitional housing to up to 5 women who are transitioning out of foster care, in order to provide a stop gap and reduce homelessness in the that population. Cedar Valley Friends of the Family provides through their two programs offer a total of 63 beds, with 46 beds for families, and 17 beds for adults only. Their programs are targeted to domestic violence survivors. The Junkman-Knoebel Center, which is run by Pathways Behavioral Services, provides 25 beds for men who are recovering from alcohol and drug addiction. Residents must maintain employment, commit to sobriety, and continue to meet obligations, such as court costs, restitution, child support, and any other transitional living fees incurred. Permanent Supportive Housing Community Housing Initiatives offers permanent supportive housing and operates a 13-bed facility, with one family unit with two beds, and 11 adult only -beds. Exceptional Persons, Inc. provides group homes to adults with mental retardation, brain injury, or chronic mental illness. Exceptional Persons, Inc. provides a range of services to accommodate the needs of individuals and families in need by providing assistance with locating affordable rental housing, transportation services, and employment and family and child support. Unity Square Apartments, a previously HOME funded project, provides 6 units targeted towards permanent supportive housing for the homeless. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 38 2020 Page 87 of 187 affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of Waterloo will continue to support the Black Hawk County Local Homeless Coordinating Board and other agencies that provide support to homeless services and that are focused on reducing chronic homelessness. The activities will include assisting with increasing the capacity of existing shelters, including providing new permanent housing beds for those that are chronically homeless. Additionally, it will be equally important to support agencies that provide services that help the chronically ill transition out of homelessness. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The Black Hawk County Homeless Coordinating Board has established discharge policies to protect populations, especially those that that vulnerable to homelessness, based on policies that were implemented by the State of Iowa. The Black Hawk County Homeless Coordinating Board adopted the FY 2018 Black Hawk/Grundy/Tama Coordinated Service Region Policies and Procedures Manual for Coordinated Entry as part of the Balance of State Continuum of Care (BoS CoC) and their guiding principles include the adoption of statewide standards, providing client choice regarding program participation, promote client -centered practices, prioritize the most vulnerable, collaboration between CoC provides and other agencies and key partners, provide accurate data, utilize performance -drive decision making, having a housing first focus by providing permanent supportive housing to those experiencing chronic homelessness, and ensuring transparency of the process. Discussion Due to the continued needs and the growing population that is at high risk for becoming homeless, it is important to continue to support agencies and organizations that help high risk individuals and households to become more self-sufficient and to have access to services. The continued reduction of CDBG and HOME funds place a strain in the amount of funds that can be dedicated to the homeless population. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 39 2020 Page 88 of 187 AP-75 Barriers to affordable housing — 91.220(j) Introduction: The main housing barrier identified was the growing mismatch between real income and housing cost. Additional issues included the difficulty for large families and people with disabilities to access affordable housing, the growing disparity between white and minority household income, unemployment, and homeownership rates. The activities proposed are targeted towards improving existing housing stock and targeting areas with greater disparities to help reduce the identified gaps. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Actions planned to remove barriers and allow growth of affordable housing are: • Continue to hold monthly Housing Advocacy Meetings. • Continue to work with The Salvation Army, our local homeless shelter, to discuss barriers that current clients and clients with chronic homelessness are facing. • Continue to work with the "We Build" group to provide technical assistance on their home rehabilitation program that supports housing for low income individuals • Continue to work with private investors that are working to acquire property the City's 657A seized properties to be turned into affordable housing units. • Continue to monitor Opportunity Zones for affordable housing opportunities. • Provide rehabilitation and emergency repair assistance to low -moderate income households to preserve the affordable housing stock. Discussion: The activities proposed will help alleviate barriers to affordable housing. While 50% of the Waterloo households are low-income, there are also disparities with income, unemployment, and homeownership. The activities proposed will target neighborhoods that are both LMI areas and areas of racial concentration, helping push resources in areas of high need and target the population experiencing the greatest need. Additional OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 40 2020 Page 89 of 187 assistance, such as the down payment assistance will also help support homeownership opportunities, as well as rehabilitation and emergency repairs, which will help current homeowners remain in their homes. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 41 2020 Page 90 of 187 AP-85 Other Actions — 91.220(k) Introduction: The City of Waterloo proposed to undertake several actions in order to address several goals outlined in the Strategic Plan. • Address affordable housing needs • Eliminating slum and blight to provide a suitable living environment • Expand economic opportunities • Neighborhood Stabilization Actions planned to address obstacles to meeting underserved needs Despite continued efforts, there continue to be a number of obstacles that impact the ability to meet underserved needs in the community. One of the biggest issues is the lack of available funds to assist with completing all the identified priority needs. Often requests for assistance from local agencies and non-profit organizations cannot be fully met and only partial funding can be provided meaning activities have fewer available resources to meet needs. Some of the continued obstacles that need to me overcome are: • Continue to partner with County and other action agencies to provide translation services for immigrants and refugees that need translation services. • Build partnerships with local education services to provide job training to individuals facing disparity. • Promote economic development to encourage non poverty wages in the area. • Continue to partner with financial institutions to provide assistance to potential homebuyers. Actions planned to foster and maintain affordable housing There are several actions being proposed to help foster and maintain affordable housing. • Provide support to proposed new construction of affordable housing • Assist with the acquisition of property that can be rehabilitated or used for new construction, or any resale of property that can be used OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 42 2020 Page 91 of 187 to house low income households. • Continue to provide funding for single-family owner -occupied housing development by collaborating a Community Housing Development Organization. • Provide citywide rehabilitation for owner occupied and rental housing, to help preserve and stabilize existing affordable housing stock • Provide citywide emergency repair for owner occupied homes in order to ensure the existing housing is maintained and preserved • Work to help reduce slum and blight in neighborhoods in order to improve property value and improve lending opportunities for infill development • Provide legal assistance to households facing eviction and other housing matters. • Provide funding to public service agencies such as the food pantry to offset food costs and weatherization to reduce utility costs that are and additional burden to low -moderate income households. Actions planned to reduce lead -based paint hazards The rehabilitation program requires that each participating property is evaluated for lead -based paint hazards. Any rental rehabilitation properties that also receive assistance will be evaluated for lead based hazards. Currently the City of Waterloo is a recipient of Lead -Based Hazards grant from HUD and is partnering with the Black Hawk County Health Department to perform lead paint assessments and clearance testing on those properties. Required inspections will be completed by a certified Lead Risk Assessor and any identified lead paint hazards will be corrected by a certified Lead Safe Renovator. Waterloo Community Development provides contractor and lead safe worker training and lead refresher courses to local contractors and employees at no charge to increase the number of lead safe renovators and contractors in the area. Actions planned to reduce the number of poverty -level families With approximately 50% of the Waterloo living in poverty, there is continued need to address poverty throughout the community and to help reduce the level of poverty. The following strategies will help assist households living in poverty and reduce the number of households living in poverty: • Provide funding support to organizations and agencies that provide needed services, such as food, senior services, counseling, legal aid OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 43 2020 Page 92 of 187 and other services that target low income persons and households. • Provide funding support to agencies and organizations that assist residents with special needs. • Continue to assist low income households with rehabilitation and emergency repair programs. • Economic development programs to support for skill and job training in order to improve the employability of those in the community living in poverty. • Address lead -paint based hazards, which impact the development grown of young children and their future employment and earning capabilities. Actions planned to develop institutional structure The proposed housing and community development activities will be carried out in cooperation with local government agencies, non-profit organizations, service providers, private industry, and public institutions. The support of the public, private, and non-profit organizations are important, and collaboration with the various organizations is an important component to the institutional approach of meeting the identified needs identified in the plan. Waterloo Community Development Board, the Waterloo Housing Authority, and the Black Hawk County Local Homeless Coordinating Board will continue to work in partnership to help reduce any potential service delivery gap between public and non-profit organizations. There are many agencies that provide a wide variety of services locally, including homeless prevention, reduction of poverty, affordable housing efforts, neighborhood revitalization, youth services, and many others. Actions planned to enhance coordination between public and private housing and social service agencies Each year, as part of the annual planning process, local agencies and organizations are invited to submit proposals for CDBG and HOME eligible activities. Many of these organizations participate in informational meetings, public hearings, and are engaged in the process. Waterloo Community Development works closely with many of the agencies and non -profits and participates in regular meetings with many of the different organizations in order to continue improving coordination. There have also been efforts for continued outreach and education on the available programs and opportunities that are offered and there has been an increased effort of participation with new organizations and entities in order to ensure that there awareness of the level of assistance. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 44 2020 Page 93 of 187 Neighborhood Services hosts the Housing Advocacy Meeting each month. This collection of people are area non-profit service providers (Friends of the Family, House of Hope, Operation Threshold, AmeriCorps, Neighborhood Hub, Cedar Valley's Promise, DCAT, etc.) legal aid, and city department representatives. The focus of the group is to advocate for low income / disadvantaged renters in the Cedar Valley. Through sharing information, they are able to provide better resources for clients and can collectively advocate for policy changes that would allow clients better access and use of community resources. Discussion: All of the actions taken in the Annual Action Plan are designated to support affordable housing, reduce lead -based paint hazards, reduce the number of families living in poverty and coordinate services between public and private housing and public service agencies. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 45 2020 Page 94 of 187 Program Specific Requirements AP-90 Program Specific Requirements — 91.220(1) (1,2,4) Introduction: The following is a description of the program specific requirements under the Community Development Block Grant Program (CDBG). HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(I)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: At this time there are no additional investments outside of those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The full recapture provision may also be found in the administration section of the Con Plan in the attachments. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: The full recapture provision may be found in the administration section of the Con Plan in the attachments. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a Annual Action Plan 46 2020 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 95 of 187 description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City does not intend to refinance existing debt using HOME funds. This Annual Plan provides funding for HOME activities including: • Owner -Occupied Single -Family Rehabilitation • Acquisition resulting in resale • New Construction No additional activities are included that are not identified as eligible activities in 92.205 All activities require a lien on the property or a restrictive covenant for the sale of a HOME assisted unit. OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 47 2020 Page 96 of 187 CITY OF WATERLOO Council Communication Ansborough Avenue Improvements Project from Black Hawk Road to Downing Avenue, IDOT Project No. S TP-A-8155(757)--86-07. City Council Meeting: 4/20/2020 Prepared: 4/7/2020 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 4/15/2020 - 11:30 AM ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Performance Bond Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: 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 plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of bid to Lodge Construction of Clarksville Iowa, in the amount of $299,321.40 and approving the contract, bond and certificate of insurance, in conjunction with the Ansborough Avenue Improvements Project. Submitted By: Mohammad Elahi, Traffic Engineer Approve Resolution The project involves widening the south let of Ansborough Avenue at Downing to add a left turn lane and matching north leg of Ansborough which was widened as part of University Avenue reconstruction. This project includes traffic signal improvements. $299,321.00 80% Iowa Clean Air Attainment Program Grant (ICAAP) 20% GO Bond Funds Strategy 2.2 - Enlist all City departments and staff members to promote a safer community. This is an Iowa Department of Transportation let project. Page 97 of 187 Ansborough Avenue Traffic Improvements Bid Tab: April 16, 2020 Engineer's Estimate $ 210,000.75 Bidder Bid Security Total Bid Amount Lodge Construction, Inc., Clarksville, IA $ 299,321.40 Tschiggfrie Excavating Co., Dubuque, IA $ 317,181.80 Vieth Construction Corp., Cedar Falls, IA $ 329,897.00 K. Cunningham Const. $ 336,114.25 Co., Inc., Cedar Falls, IA Page 98 of 187 CITY OF WATERLOO Council Communication Request by the City of Waterloo to vacate a portion of public alley located within Block 18 of Linden Place, former Lafayette School located at 2265 Lafayette Street, and rescinding Ordinance No. 5145. City Council Meeting: 4/20/2020 Prepared: 3/29/2020 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office ATTACHMENTS: Description o Council P acket o Legal Description SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Expenditure Required: Source of Funds: Reviewer Schroeder, Aric Dornoff, John Schroeder, Aric Even, LeAnn Action Rejected Approved Approved Approved Type Cover Memo Cover Memo Date 4/7/2020 - 6:01 PM 4/8/2020 - 8:04 AM 4/14/2020 - 5:23 PM 4/15/2020 - 9:09 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate a portion of public alley located within Block 18 of Linden Place, former Lafayette School located at 2265 Lafayette Street, and rescinding Ordinance No. 5145. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Request by the City of Waterloo to vacate a portion of public alley located within Block 18 of Linden Place, at the former Lafayette School at 2265 Lafayette and rescind Ordinance 5145. The reason that this request is being redone is to correct an error in the original legal description. None N/A Page 99 of 187 Policy Issue: Right -of -Way Background Information: The applicant is requesting to vacate the alley within the former Lafayette School site, to the southerly line of 522 Colorado Street. The request would not appear to have a negative impact on the surrounding neighborhood as the alley is a "paper alley" — that is, the alley existins on paper, but was never actually built as a working alley. The former school building was built over the alley right-of-way in 1912. The City owns all of the property on both sides of the alley portion to be vacated. The request would not appear to have a negative impact on vehicular and pedestrian traffic movements in the area, as there is, nor was, any traffic utilizing the paper alley portion. There are no recreational trails in close proximity to the request, with the closest trail along the Cedar River to the south. The site has been zoned "R-1,RP " Planned Residence District since May 9, 2011. City staff requested many former school sites to be rezoned to the planned residence category to allow for proper redevelopment of the sites. The request to vacate would not require any buffering by ordinance standards. The proposed vacated right-of-way would not have an adverse impact on drainage in the area. The school was built in 1912 and became vacant in the 1980's. The school building was sold for development purposes multiple times, to no avail. The City took possession of the building in 2008 as the current owner had deemed it economically infeasible for redevelopment. The City plans to demolish the building in the next few years for redevelopment purposes, and has entered into a development agreement with Residential Partners LLC for the purpose of building new single-family homes on the site. This site is not located within any floodplain, as indicated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map 19013C0306F. Lafayette Park is located approximately 3 to 4 blocks to the west of the site. There is an 18" sanitary and 18" storm in Lafayette Street. There is an 8" sanitary and 12" storm in Colorado a portion of the way down, but not connecting to Lafayette Street. There is an 8" sanitary in Indian Street a portion of way down, but not connecting to Lafayette Street. There is a sanitary sewer stub in the alley portion to be vacated, so a utility easement will need to be retained. The Future Land Use Map designates the area as Low Density Residential, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. As the portion to be vacated has previously had a building upon it, they alley vacate would appear to be a good solution for options for future development. A sanitary sewer stub was put a part of the way into the alley portion for future development (utilizing rear of lots through easement for sanitary sewer service.) While staff would not like to see another new alley portion opened as a part of the development, an easement along the rear portions of the lots for sewer service would be acceptable. The City of Waterloo has taken possession of a number of former school sites to try and help bring new development and new infill to existing Page 100 of 187 Legal Descriptions: neighborhoods. This site is one of the project sites that Residential Partners LLC has an interest in building new single family housing upon. This vacate process would help in the layout and development of the site as a whole, and would not appear to have any negative impact upon the existing neighborhood. The alley portion to be vacated has not been used and the alley portion to the north would not appear to have heavy use or the need for thru-traffic onto Lafayette Street. Therefore, staff recommends approval of the request by the City of Waterloo to vacate a portion of the alley within Block 18 of Linden Place, located at the former Lafayette School at 2265 Lafayette Street, for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area, and would appear to be beneficial for redevelopment of the site. 2. The request would not appear to have a negative impact on vehicular and pedestrian traffic in the area. 3. The request is in accordance with the Comprehensive Plan and Future Land Use Map for this area and would allow for infill development of the site. 4. The request would appear to meet the requirements of the Zoning Ordinance. Subject to the following: 1. That an easement is retained for utility purposes over the vacated alley portion. This will allow for potential servicing of sewer from the rear of future lots to be developed. The part of the 16 foot wide public alley in Block 18 of Linden Place lying Northerly of a line drawn between the Southeasterly comer of Lot 7 of said Bock 18 and the Southwesterly corner of Lot 8 of said Block 18 and lying Southerly of a line drawn between the Northeast corner of Lot 6 of said Block 18 and the Northwest corner of Lot 11 of said Block 18, City of Waterloo, Black Hawk County, Iowa with the retention of a utility easement over, under and upon the above described area. Page 101 of 187 November 27, 2012 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: REQUEST BY THE CITY OF WATERLOO TO VACATE A PORTION OF THE PUBLIC ALLEY LOCATED WITHIN BLOCK 18 OF LINDEN PLACE, AT THE FORMER LAFAYETTE SCHOOL AT 2265 LAFAYETTE STREET. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to vacate the alley within the former Lafayette School site, to the southerly line of 522 Colorado Street. The request would not appear to have a negative impact on the surrounding neighborhood as the alley is a "paper alley" — that is, the alley existins on paper, but was never actually built as a working alley. The former school building was built over the alley right-of-way in 1912. The City owns all of the property on both sides of the alley portion to be vacated. The request would not appear to have a negative impact on vehicular and pedestrian traffic movements in the area, as there is, nor was, any traffic utilizing the paper alley portion. There are no recreational trails in close proximity to the request, with the closest trail along the Cedar River to the south. The site has been zoned "R-1,RP " Planned Residence District since May 9, 2011. City staff requested many former school sites to be rezoned to the planned residence category to allow for proper redevelopment of the sites. The request to vacate would not require any buffering by ordinance standards. The proposed vacated right-of-way would not have an adverse impact on drainage in the area. The school was built in 1912 and became vacant in the 1980's. The school building was sold for development purposes multiple times, to no avail. The City took possession of the building in 2008 as the current owner had deemed it economically infeasible for redevelopment. The City plans to demolish the building in the next few years for redevelopment purposes, and has entered into a development agreement with Residential Partners LLC for the purpose of building new single-family homes on the site. This site is not located within any floodplain, as indicated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map 19013C0306F. Lafayette Park is located approximately 3 to 4 blocks to the west of the site. LafayetteSchoolalleyvac.doc Page 1 Page 102 of 187 November 27, 2012 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF RECOMMENDATION: There is an 18" sanitary and 18" storm in Lafayette Street. There is an 8" sanitary and 12" storm in Colorado a portion of the way down, but not connecting to Lafayette Street. There is an 8" sanitary in Indian Street a portion of way down, but not connecting to Lafayette Street. There is a sanitary sewer stub in the alley portion to be vacated, so a utility easement will need to be retained. The Future Land Use Map designates the area as Low Density Residential, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. As the portion to be vacated has previously had a building upon it, they alley vacate would appear to be a good solution for options for future development. A sanitary sewer stub was put a part of the way into the alley portion for future development (utilizing rear of lots through easement for sanitary sewer service.) While staff would not like to see another new alley portion opened as a part of the development, an easement along the rear portions of the lots for sewer service would be acceptable. The City of Waterloo has taken possession of a number of former school sites to try and help bring new development and new infill to existing neighborhoods. This site is one of the project sites that Residential Partners LLC has an interest in building new single family housing upon. This vacate process would help in the layout and development of the site as a whole, and would not appear to have any negative impact upon the existing neighborhood. The alley portion to be vacated has not been used and the alley portion to the north would not appear to have heavy use or the need for thru-traffic onto Lafayette Street. Therefore, staff recommends approval of the request by the City of Waterloo to vacate a portion of the alley within Block 18 of Linden Place, located at the former Lafayette School at 2265 Lafayette Street, for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area, and would appear to be beneficial for redevelopment of the site. 2. The request would not appear to have a negative impact on vehicular and pedestrian traffic in the area. 3. The request is in accordance with the Comprehensive Plan LafayetteSchoolalleyvac.doc Page 2 Page 103 of 187 November 27, 2012 and Future Land Use Map for this area and would allow for infill development of the site. 4. The request would appear to meet the requirements of the Zoning Ordinance. Subject to the following: 1. That an easement is retained for utility purposes over the vacated alley portion. This will allow for potential servicing of sewer from the rear of future lots to be developed. LafayetteSchoolalleyvac.doc Page 3 Page 104 of 187 City of Waterloo Planning, Programming and Zoning Commission November 27, 2012 ,�• �■� C-2A I n»3el!1 R�=lllllll.=.111=� �� -3L..'_JIIl II T Fly., IIIIIII �i► R-3,C -Z C-2 RA -=L11111II_---- 11I111111111111 iaiii "— IIIIIIF •IIIIII� 1 1 1 1 1 1 1 I ILJ LJ LJI I ALTAVISTAAVE. gl lllllll 1111111111111111 11 IIIlllll I=H1111111 N z Ln JILE12AII II III III I I N VU-cuiuI IIIIIIIIIIIII -ram - -I C-1,C=Z'C-1 M-1 lllllll H C-1 ILI R-3 A htlt AVE. Portion of Block 18 of Linden Place Alley Vacate City of Waterloo Page 105 of 187 City of Waterloo Planning, Programming and Zoning Commission November 27, 2012 Portion of Block 18 of Linden Place Alley Vacate City of Waterloo Page 106 of 187 4 J E s , -. , Jr"- Tim 150 75 0 150 erloo \° Feet 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: City of Waterloo Address:_715 Mulberry Street Phone No.: 319-291-4366 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): The alley located within Block 18 of Linden Place, adjacent to Lots 5-12. This is the location of the former Lafayette School at 2265 Lafayette Street. Legal description of area to be conveyed, vacated, or encroached: To be provided. 1. A non-refundable filing fee(s) shall be made as follows (cheeks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated —No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: if the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land_within_5_yrs(&yrs i.nsideo.f_the.CURA.): _ • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price Deductions — Value of Property: Offer Price for Entire Area: N/A Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please additional e a site l n andl6r a: rial)photo of the area to be vacated if the request involves -a"s reason for e quest. 11/13/2012 Applicant Date Page 107 of 187 Legal Description The part of the 16 foot wide public alley in Block 18 of Linden Place lying Northerly of a line drawn between the Southeasterly corner of Lot 7 of said Bock 18 and the Southwesterly corner of Lot 8 of said Block 18 and lying Southerly of a line drawn between the Northeast corner of Lot 6 of said Block 18 and the Northwest corner of Lot 11 of said Block 18, City of Waterloo, Black Hawk County, Iowa with the retention of a utility easement over, under and upon the above described area. Page 108 of 187 CITY OF WATERLOO Council Communication Resolution approving a request by XL Colt Farms, LLC, for the final plat of Audubon Hills 2nd Addition, to allow for the development of a twenty -lot residential subdivision, located east of 1866 Red Tail Drive, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 4/20/2020 Prepared: 4/14/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Staff Report ❑ Overview Map ❑ Aerial Map ❑ Final P lat ❑ Certificate of Survey ❑ Deed of Dedication ❑ Contract ❑ Petition and Waiver ❑ Pictures ❑ Eng. Letter SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Date 4/15/2020 - 10:56 AM 4/15/2020 - 11:26 AM Resolution approving a request by XL Colt Farms, LLC, for the final plat of Audubon Hills 2nd Addition, to allow for the development of a twenty -lot residential subdivision, located east of 1866 Red Tail Drive, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request for the final plat of Audubon Hills 2nd Addition to allow for the development of a 20 Lot Residential Subdivision. Please find the following attached items: • Staff report • Aerial photograph • Final Plat • Legal Description • Deed of Dedication • Certificate of Survey Page 109 of 187 Expenditure Required: Source of Funds: Policy Issue: • Petition and Waiver • Contract • Report of City Engineer The Planning and Zoning Commission unanimously approved the final plat request at their regular meeting on May 7, 2019. None N/A Land Use The request would not appear to have a negative impact on the area. The requested lots would appear to be of similar size and dimension to surrounding lots to the east, south, and west, and represents a logical extension of the surrounding housing developments. The request would not appear to have a negative impact on the area. The requested lots would appear to be of similar size and dimension to surrounding lots to the east, south, and west, and represents a logical extension of the surrounding housing developments. The request would not appear to have a negative impact on traffic conditions. Vehicles would access the lots by extending Red Tail Drive to the east till it connects to Blue Wing Drive, which connects to Partridge Lane and extending Caras Road till it connects to Red Tail Drive. All roads are classified as local roads and sidewalks will be required for all lots. The site is zoned "R-1" Residence District and has been since the April 11, 2016 adoption of Ordinance No. 5348 when it was rezoned from "A-1", Agricultural District. North- "R-4 R-P" Planned Multiple Residence District, HWY 20 and vacant land. East- "R-1" — One and Two Family Residence District and "A-1"- Agricultural District, single family homes and farm ground. South- "R-1" — One and Two Family Residence District, single family homes West- "R-1"- One and Two Family Residence District and "R-3" Multiple Residence District, single family homes and duplexes. The 20 lots are not within the 100-year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 19013CO284F, dated July 18, 2011. Prairie Grove Park is located 3/4 of a mile to the southwest. The plat is also adjacent to lot 1 of Audubon Park Fifth Addition which was set aside for Page 110 of 187 future park purposes, but has not yet been developed as a park. Background Information: The Final plat shows a 10' utility easement in the front yard of all the proposed lots. A 50' sanitary sewer line easement is also shown in between lots 1 and 2. The Final Plat consists of 20 lots, containing approximately 11.909 acres of land, which is located south of HWY 20, west of Blue Wing Drive, and north of Dakota Drive. The lots vary in size measuring from 12,980 SF to 31,798 SF. The average lot size for the Audubon Hills Second Addition Final Plat is 19,736 SF. The size of the lots for the Audubon Hills First Addition Final Plat range from 13,498 SF to 27,007 SF. The average lot size is 18,015 SF. This is also comparable to the average lot size for neighboring subdivisions which include Audubon Park 4tAddition at 21,780 SF, Audubon Park 5th Addition at 23,806 SF, and Audubon Park 6tAddition at 19,166 SF. The Preliminary plat was approved by the Planning and Zoning Commission on March 1, 2016 and City Council on August 22, 2016. The Planning and Zoning Commission unanimously approved the final plat request at their regular meeting on May 7, 2019. The Final Plat shows setback lines, property lines with dimensions, easements and right-of-way widths, date, adjoining subdivisions, legal description and proper lot sequence. The applicant has submitted an Engineer's Certificate of Survey, Deed of Dedication, and Petition and Waiver documentation. Therefore, staff recommends that the request for the Final Plat of Audubon Hills Second Addition be approved for the following reasons: 1. The plat is in accordance with the Subdivision Ordinance. The new addition can be served by the extension of existing utilities and roads. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as residential. 3. The request would not appear to have a negative impact on pedestrian and traffic conditions within the surrounding area. 4. The plat will create an additional infill development site in the Primary Growth Area. CERTIFICATE OF SURVEY I, MICHAEL D. RICHMOND, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IOWA, DO HEREBY CERTIFY THAT I HAVE MADE A SURVEY OF WHAT IS TO BE KNOWN AS "AUDUBON HILLS SECOND ADDITION", IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, WHICH IS LOCATED ON AND EMBRACES THE FOLLOWING DESCRIBED PREMISES. TO -WIT: PART OF THE NORTHWEST QUARTER OF SECTION 8, Page 111 of 187 Legal Descriptions: TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, BLACKHAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF AUDUBON PARK SIXTH ADDITION TO THE CITY OF WATERLOO, IOWA, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF U.S. HIGHWAY 20, THENCE SOUTH 72°18'27" EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 74.21 FEET; THENCE SOUTH 82°17'29" EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 959.38 FEET; THENCE SOUTH 04°35'34" WEST, A DISTANCE OF 56.00 FEET; THENCE SOUTH 85°54'26" EAST, A DISTANCE OF 84.82 FEET TO A POINT ON THE WEST LINE OF AUDUBON HILLS 1ST ADDITION; THENCE SOUTH 00°15'57" EAST ALONG SAID WEST LINE, A DISTANCE OF 325.47 FEET TO THE NORTHEAST CORNER OF LOT 14 OF AUDUBON HILLS 1ST ADDITION; THENCE NORTH 82°24'20" WEST ALONG THE NORTH LINE OF SAID AUDUBON HILLS 1ST ADDITION, A DISTANCE OF 367.83 FEET TO THE NORTHWEST CORNER OF LOT 13 OF SAID AUDUBON HILLS 1ST ADDITION; THENCE SOUTH 16°49'13" WEST, A DISTANCE OF 90.11 FEET TO THE NORTHEAST CORNER OF LOT 1 OF AUDUBON PARK FIFTH ADDITION; THENCE NORTH 77°11'11" WEST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 224.52 FEET TO THE EAST RIGHT OF WAY LINE OF CARAS ROAD, SAID POINT BEING ON A 750.50 FEET RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY 68.44 FEET ALONG SAID EAST RIGHT OF WAY LINE, SAID CURVE HAVING A 68.42 FEET CHORD THAT BEARS SOUTH 14°31'25" WEST AND A CENTRAL ANGLE OF 005°13'30"; THENCE NORTH 73°05'31" WEST, A DISTANCE OF 59.91 FEET TO THE NORTHEAST CORNER OF LOT 2 OF AUDUBON PARK FIFTH ADDITION; THENCE NORTH 73°01'33" WEST ALONG THE NORTH LINE OF SAID AUDUBON PARK FIFTH ADDITION, A DISTANCE OF 217.81 FEET TO THE NW CORNER OF SAID LOT 2; THENCE SOUTH 39°05'57" WEST, A DISTANCE OF 67.60 FEET TO THE NE CORNER OF LOT 4 SAID AUDUBON PARK FIFTH ADDITION; THENCE NORTH 58°37'04" WEST ALONG THE NORTH LINE OF SAID AUDUBON PARK FIFTH ADDITION, A DISTANCE OF 287.64 FEET TO THE NE CORNER OF LOT 6 SAID AUDUBON PARK FIFTH ADDITION; THENCE NORTH 78°02'52" WEST ALONG SAID NORTH LINE, A DISTANCE OF 67.85 FEET TO THE SE CORNER OF LOT 24 AUDUBON PARK SIXTH ADDITION; THENCE NORTH 19°48'10" EAST ALONG THE EAST LINE OF SAID AUDUBON PARK SIXTH ADDITION, A DISTANCE OF 186.76 FEET TO THE NE CORNER OF SAID LOT 24; THENCE NORTH 19°34'28" EAST, A DISTANCE OF 60.00 FEET TO THE SE CORNER OF LOT 1 OF SAID AUDUBON PARK SIXTH ADDITION; THENCE NORTH 19°49'12" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 178.53 TO THE POINT OF BEGINNING; CONTAINING 11.909 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS OF RECORD. Page 112 of 187 I FURTHER CERTIFY THAT THE ACCOMPANYING PLAT IS A TRUE REPRESENTATION OF SUCH SURVEY AND IS MADE IN ACCORDANCE WITH MY FIELD NOTES THEREOF: THAT THE LOCATION OF STREETS, AVENUES AND LOTS AND THEIR REPRESENTATIVE NAMES, NUMBERS, WIDTHS, COURSES AND DIMENSIONS ARE TO BE AS SHOWN ON THE ACCOMPANYING PLAT; THAT SAID SURVEY AND PLAT CONTAIN AND SHOW ANY SURPLUSES AND/OR DEFICIENCIES FROM FORMER SURVEYS, AND THAT IRON STAKES SHALL BE SET AT ALL LOT CORNERS PRIOR TO ONE YEAR FROM THIS DATE. IN WITNESS THERE OF, I HEREUNTO AFFIX MY HAND AND SEAL THE 30th DAY OF MARCH 2019. MICHAEL D. RICHMOND, IOWA LICENSE NO. 23503 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 Page 113 of 187 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC: TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT April 20, 2020 Request by XL Colt Farms, LLC for the 20-lot final plat of Audubon Hills 2nd Addition, zoned "R-1" One and Two Family Residence District, and located east of 1866 Red Tail Drive. XL Colt Farms, LLC 425 2nd Street, Suite #900, Cedar Rapids, Iowa 52401. This request would create 20 lots for the development of one or two family dwellings with lot sizes ranging from 12,980 SF to 31,798 SF, located east of 1866 Red Tail Drive. The request would not appear to have a negative impact on the area. The requested lots would appear to be of similar size and dimension to surrounding lots to the east, south, and west, and represents a logical extension of the surrounding housing developments. The request would not appear to have a negative impact on traffic conditions. Vehicles would access the lots by extending Red Tail Drive to the east till it connects to Blue Wing Drive, which connects to Partridge Lane and extending Caras Road till it connects to Red Tail Drive. All roads are classified as local roads and sidewalks will be required for all lots. There is a recreational trail located on the north side of West Shaulis Road, which is 3/4 of a mile south of the proposed residential development. The site is zoned "R-1" Residence District and has been since the April 11, 2016 adoption of Ordinance No. 5348 when it was rezoned from "A-1", Agricultural District. North- "R-4 R-P" Planned Multiple Residence District, HWY 20 and vacant land. East- "R-1" — One and Two Family Residence District and "A- 1"-Agricultural District, single family homes and farm ground. South- "R-1" — One and Two Family Residence District, single family homes West- "R-1"- One and Two Family Residence District and "R- 3" Multiple Residence District, single family homes and duplexes. The request would not require any buffering by ordinance standards. The lots would be required to meet residential standards for drainage. There is a 30' drainage easement in between lots 18 and 19, and a 40' drainage easement along the rear yards of lots 1 — 10. In addition Out LotA is a 0.861 drainage area in between lots 5 and 6. Surrounding single family homes were constructed in the Audubon Hills Second Addition Final Plat Page 1 of 3 Page 114 of 187 HISTORY: FLOODPLAIN: PUBLIC/OPEN SPACES/SCHOOLS UTILITIES: WATER, SANITARY SEWER, STORM SEWER. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: April 20, 2020 1990's through the 2010's. Duplexes have been constructed within the last 10 years to the west of the development. The 20 lots are not within the 100-year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 19013CO284F, dated July 18, 2011 Prairie Grove Park is located 3/4 of a mile to the southwest. The plat is also adjacent to lot 1 of Audubon Park Fifth Addition which was set aside for future park purposes, but has not yet been developed as a park. The Final plat shows a 10' utility easement in the front yard of all the proposed lots. A 50' sanitary sewer line easement is also shown in between lots 1 and 2. The Future Land Use Map designates the area in question as Low Density Residential. This request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The Final Plat consists of 20 lots, containing approximately 11.909 acres of land, which is located south of HWY 20, west of Blue Wing Drive, and north of Dakota Drive. The lots vary in size measuring from 12,980 SF to 31,798 SF. The average lot size for the Audubon Hills Second Addition Final Plat is 19,736 S F. The size of the lots for the Audubon Hills First Addition Final Plat range from 13,498 SF to 27,007 SF. The average lot size is 18,015 SF. This is also comparable to the average lot size for neighboring subdivisions which include Audubon Park 4th Addition at 21,780 SF, Audubon Park 5th Addition at 23,806 SF, and Audubon Park 6th Addition at 19,166 SF. The Preliminary plat was approved by the Planning and Zoning Commission on March 1, 2016 and City Council on August 22, 2016. The Planning and Zoning Commission unanimously approved the final plat request at their regular meeting on May 7, 2019. The Final Plat shows setback lines, property lines with dimensions, easements and right-of-way widths, date, adjoining subdivisions, legal description and proper lot sequence. The applicant has submitted an Engineer's Certificate of Survey, Deed of Dedication, and Petition and Waiver documentation. Audubon Hills Second Addition Final Plat Page 2 of 3 Page 115 of 187 April 20, 2020 STAFF RECOMMENDATION: Therefore, staff recommends that the request for the Final Plat of Audubon Hills Second Addition be approved for the following reasons: 1 The plat is in accordance with the Subdivision Ordinance. The new addition can be served by the extension of existing utilities and roads. 2 The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as residential. 3 The request would not appear to have a negative impact on pedestrian and traffic conditions within the surrounding area 4. The plat will create an additional infill development site in the Primary Growth Area. Audubon Hills Second Addition Final Plat Page 3 of 3 Page 116 of 187 City of Waterloo City Council April 20, 2020 A-1 C-2,C-Z K_LINE DR QUAD �2 o i��L ^fir �� 0 co o R-4 A\ , /‘ yG�s /NF'yCi r r 5 �'� RST LN _ R-3 ,s R-3 C-2 0 F- �RFo T �3(<, Al N/04;7%,/:011 �z R-3, R-P ,s "� a 0 Q 4/Z.tR O W SAN MARNAN DR R-4,R-P \ /vc CARAS RD 1" DAKOTA DR. THRUSH DR 0 0 2 z a u. _� 0 LTETON DR R -1 u_ O co z o W —CRABAPPLE LN 0 = z -L 0 Z c) X) O J WILLIAM DR �P `WAXWING R-1 W SHAULIS RD A-1 -RIDGEMONT RD lLl cc OLYMPIC DR— R-3, R-P B-P 1866 Red Tail Drive Audubon Hills Second Addition Final Plat XL Colt Farms, LLC Page 117 of 187 City of Waterloo City Council April 20, 2020 East of 1866 Red Tail Drive Audubon Hills Second Addition Final Plat XL Colt Farms, LLC Page 118 of 187 '�� E „����=' -� l�' Ft r - ,'w. / Ioferioo 200 00 0 200 `o- Feet FINAL PLAT OF: LOT 1 FOUND #4 REBAR W/ YELLOW CAP 16775 AT THE SE CORNER — LOT 1, AUDUBON PARK 6TH ADDITION S�0 ° RFD 19' „ Q FOUND #4 REBAR P W/ YELLOW CAP 16775 AT THE NE CORNER �Q LOT 24, AUDUBON PARK 6TH ADDITION EASTERLY LINE 0� OF ADUBON PAR 6TH ADDITION Jai ,...1::: Q LOT 24 FOUND #4 REBAR W/ YELLOW CAP 16775 AT THE SE CORNER, — LOT 24, AUDUBON PARK 6TH ADDITION (S77° 41 C144,21 ) LOT 6 67,85, N78° 02, 36 "F \ Faceent m~ co- co- 0, rn 3 LOT No. 20 0.419 Acres 52„� FOUND #4 REBAR W/ YELLOW CAP AT THE NE CORNER, LOT 6, AUDUBON PARK 5TH ADDITION LOT 5 LEGEND: DEED DIMENSION = (0.00') FIELD DIMENSION = 0.00' MONUMENTS FOUND: #23503 (UNLESS NOTED) = CUT "X" IN CONCRETE = MONUMENTS SET: #5 REBAR W/ YELLOW CAP #23503 = 0 BOUNDARY LINE = ROAD CENTER LINE _ EASEMENT LINE = SETBACK LINE= SECTION LINE= / 26, 41' \ _ 4�' / 4 Dra ag FaSem� ent� 0.416 Acres hY t/ of/ m/ / 5 ti P,❑,B NE CORNER OF AUDUBON PARK, 6TH ADDITION FOUND #4 REBAR W/ YELLOW CAP 16775 S72° 1R, 74 21, 7• LOT No. 1 N70° 19% l\ /0,,, ty 99 3-;---se77ent \32S I9,� 36NW ' ' \\\1068 3 / LOT No. 19 0.494 Acres 8° / 08, 0TIv c. c.a� O gvove p N sth gDD, T/ TOWNSEND ENGINEERING CIVIL 0 STRUCTURAL o LAND DEVELOPMENT _ • X 3 w� Z � y�LOT No. 2 c 0.400 Acres 80,00' '619 / ` 3�Bui/a; Seth O ti SOUTH INE, U.S. HWY, #20 79,761 LOT No. 3 0.449 Acres RFp q/`o \ Cl � R/1/ F�6 R �_ ) 7 4' l \`�°'Suit \ � _ din 9 S\ack NORTH LINE, AUDUBON PARK 5TH ADDITI❑N LOT 4 C3 LOT No. 18 0.730 Acres FOUND #4 REBAR AT THE NE CORNER, LOT 4, AUDUBON PARK 5TH ADDITION LOT 3 0 Co u� z C2 Co Cn co ti 79, 76, 40' iT _� LOT No. 4 (iI 0.443 Acres C5 fl Cu U,S, Highway 20 (VARIABLE 100, 71, N Ln u LOT No. 5 ° 0.482 Acres (/) _20.92' 30' Building Setback CD CU 100,00' SOO° 54' 57"W C4 LOT No. 17 0.526 Acres FOUND #4 REBAR W/ YELLOW CAP 16775 T THE NW CORNER, LOT 2, AUDUBON PARK 5TH ADDITION Li/ ,66, N73° 42,27' N. ('') cti 0 a0 O 0.1 CD N89° 05' 03"W 183,55 183,55' N89° 05' 03"W S89° 05' 03"E 122.92' 10' Utility Easement 30' Building Setback LOT No. 16 0.627 Acres NORTH UDUB❑NI PARK A�D/ iB072° 45, lg"1p6 (4 5th ADD ITI❑N $th gDDN pgRK 27�79, TipN 1. Area of Subdivision - Total: 11.909 Acres +/- Lots : 9.904 Acres +/- R.O.W.: 2.005 Acres +/- Owner: XL Colt Farms 425 2nd Street, SE #900 Cedar Rapids, IA 52401 Ph: (319) 363-8199 DATE: 03-31-20 TE PROJECT NO: LEDERMAN 563 386.4236 office 386.4231 fax 2224 East 12th Street, Davenport, IA 52803 � 1 � LOT 2 FOUND #4 REBAR W/ YELLOW CAP AT THE NE CORNER, LOT 2, AUDUBON PARK 5TH ADDITION .) / / / / / / 0 N73,, Q Qco Attorney: Beecher, Field, Walker, Morris, Hoffman & Johnson, P.C. Court Square Building 620 Lafayette St. Suite 300 PO Box 178 Waterloo, Iowa 50704 319-234-1766 1° 59 E) C959,4') S82 17' 29"E 959.38' 195,67' OUTLOT A 0.861 Acres 62,63' C6 �9,91 05 311v )C9 ,. 40' Drainage Easement /FOUND #4 REBAR W/ YELLOW CAP T THE NW CORNER LOT 1, AUDUBON PARK 5TH ADDITION 50, 74, M n z F ti SOUTH 100, 00' LOT No. 6 0.439 Acres 30' Building Sack 10' Linty Easement 100, 00' 97_63' LOT No. 15 0.514 Acres 112,06, N77° II, 11 "W NORTH LINE, AUDUBON PARK 5th ADDITI❑N FOUND #4 REBAR W/ YELLOW CAP Ai AD BpNP tO� K INE, U,S, HWy, #20 CU m LI ) co N 3 ,' 110,00' 3" - 30' Bwaing Setback LOT No. 14 `zi 0.530 Acres 224, 52, 112,46, FOUND #5 REBAR W/ YELLOW CAP #23503 LOT 1 AT THE NORTHEAST CORNER, LOT 1, AUDUBON PARK 5th ADDITION Engineer: Townsend Engineering 2224 East 12th Street Davenport, Iowa 52803 Ph: (563) 386-4236 Surveyor: Michael Richmond 2224 E . 12th Street Davenport, Iowa Ph: (563) 386-4236 DRAWN BY: CHECKED BY: MDR CRT DRAWING LOCATION S: \LEDERMAN\PHASEI.DWG ti cs ti 100, 00' LOT No. 7 0.439 Acres 100, 00' ire 0 rn 1 100, 00' LOT No. 8 0.438 Acres 2 100,00' — — ° 24' 20"W 552,06, N82 24' W RED TAILp552_ RIVE (60' ROW) s82° 24' 20" E 530, 77' 1tY-asemen10 '00 _ N LOT No. 13 0.337 Acres 12 9, 90' FOUND #5 REBAR (209,45') W/ YELLOW CAP #23503 AT THE NW CORNER, LOT 13, AUDUBON HILLS 1st ADDITION P\P\'vvt"'s3 Ns\ LOT 12 N 0 z of CU co c5 rn ti 97,06' LOT No. 9 0.436 Acres 100, 00' 110,00' 30_Building Setback LOT No. 12 0.309 Acres 79, 55, ° 30.45' N82 24' 20"W 36 7.83' LOT 13 Ri ti N. M N 0') NORTH LINE, AUDUBON HILLS 1st ADDITI❑N ° N. O 10' UtttxEasement (o SOUTH R.O.W. LINE OF HWY. 20 SOUTH R.O.W. LINE OF HWY. 20 (18.68') (S85° 37'E) (103,5') S85° 54' 26"E 84,82' LOT No. 10 0.298 Acres 30' Buildin_g Setback 30' 103, 98, 103,15, I LOT No. 11 0.336 Acres 127,94/ (158, 38') r< m C16 IRE FOUND #5 REBAR W/ YELLOW CAP #23503 AT THE NE CORNER, LOT 14, AUDUBON HILLS 1st ADDITION LOT 14 KESTREL CIRCLE Curve Table Curve # Length Radius Delta Chord Length Chord Direction C1 71,38' 465,65 8° 46' 57" 71,31' S74° 41' 57"E C2 163.69' 500,62 18° 44' 04" 162.96' S79° 42' 20"E C3 93,11' 530,00 10° 03' 57" 92,99' S75° 21' 35"E C4 80,40' 530,00 8° 41' 30" 80,32' S84° 44' 18"E C5 87,20' 470,00 10° 37' 49" 87,08' S83° 46' 09"E C6 61,78' 530,00 6° 40' 43" 61,74' N85° 44' 42"W C7 58,28' 499,20 6° 41' 22" 58,25' N85° 44' 42"W C8 27,15' 15,19 102° 23' 32" 23,68' N29° 19' 41"W C9 221.96' 1084,92 11° 43' 18" 221,57' S19° 47' 17"W C10 19,30' 15,00 73° 43' 21" 18,00' S60° 43' 59"W C11 153.08' 1112,39 8° 23' 58" 162.93' S18° 03' 14"W C12 184,00' 1052.40 10° 01' 03" 183.77' S18° 51' 47"W C13 65,25' 754,48 4° 57' 17" 65,22' N14° 24' 10"E C14 67,90' 784,48 4° 57' 32" 67,87' N14° 24' 06"E C15 68,44' 750,50 5° 13' 30" 68,42' S14° 31' 25"W C16 3,77' 39,00 5° 31' 59" 3,76' N79° 41' 14"W C17 12,96' 9.04 82° 08' 23" 11,88' N41° 20' 09"W REVISIONS: DESCRIPTION DATE a m N (n u� S86° 50' 26"E (S86° 33'E) 192.08' FOUND #5 REBAR W/ ALUM. CAP AT THE NE CORNER, AUDUBON HILLS 1st ADDITION FOUND #5 REBAR W/ YELLOW CAP #23503 AT THE NW'RLY CORNER, OUTLOT A, AUDUBON HILLS 1st ADDITION OUTLOT A WEST LINE AUDUBON HILLS 1,..- 1st ADDITI❑N 00 c) in (U M Soo* (U co WEST R.O.W. LINE OF BLUE WING DRIVE LOT 1 BLUE WING DRIVE LOT 2 LOT 3 LOT 4 GRAPHIC SCALE 50 0 25 50 lw1 ( IN FEET ) 1" = 50' (24x36) AUDUBON HILLS SECOND ADDITION TO THE CITY OF WATERLOO, IOWA PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, BLACKHAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF AUDUBON PARK SIXTH ADDITION TO THE CITY OF WATERLOO, IOWA, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF U.S. HIGHWAY 20, THENCE SOUTH 72°18'27" EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 74.21 FEET; THENCE SOUTH 82°17'29" EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 959.38 FEET; THENCE SOUTH 04°35'34" WEST, A DISTANCE OF 56.00 FEET; THENCE SOUTH 85°54'26" EAST, A DISTANCE OF 84.82 FEET TO A POINT ON THE WEST LINE OF AUDUBON HILLS 1ST ADDITION; THENCE SOUTH 00°15'57" EAST ALONG SAID WEST LINE, A DISTANCE OF 325.47 FEET TO THE NORTHEAST CORNER OF LOT 14 OF AUDUBON HILLS 1ST ADDITION; THENCE NORTH 82°24'20" WEST ALONG THE NORTH LINE OF SAID AUDUBON HILLS 1ST ADDITION, A DISTANCE OF 367.83 FEET TO THE NORTHWEST CORNER OF LOT 13 OF SAID AUDUBON HILLS 1ST ADDITION; THENCE SOUTH 16°49'13" WEST, A DISTANCE OF 90.11 FEET TO THE NORTHEAST CORNER OF LOT 1 OF AUDUBON PARK FIFTH ADDITION; THENCE NORTH 77°11'11" WEST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 224.52 FEET TO THE EAST RIGHT OF WAY LINE OF CARAS ROAD, SAID POINT BEING ON A 750.50 FEET RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY 68.44 FEET ALONG SAID EAST RIGHT OF WAY LINE, SAID CURVE HAVING A 68.42 FEET CHORD THAT BEARS SOUTH 14°31'25" WEST AND A CENTRAL ANGLE OF 005°13'30"; THENCE NORTH 73°05'31" WEST, A DISTANCE OF 59.91 FEET TO THE NORTHEAST CORNER OF LOT 2 OF AUDUBON PARK FIFTH ADDITION; THENCE NORTH 73°01'33" WEST ALONG THE NORTH LINE OF SAID AUDUBON PARK FIFTH ADDITION, A DISTANCE OF 217.81 FEET TO THE NW CORNER OF SAID LOT 2; THENCE SOUTH 39°05'57" WEST, A DISTANCE OF 67.60 FEET TO THE NE CORNER OF LOT 4 SAID AUDUBON PARK FIFTH ADDITION; THENCE NORTH 58°37'04" WEST ALONG THE NORTH LINE OF SAID AUDUBON PARK FIFTH ADDITION, A DISTANCE OF 287.64 FEET TO THE NE CORNER OF LOT 6 SAID AUDUBON PARK FIFTH ADDITION; THENCE NORTH 78°02'52" WEST ALONG SAID NORTH LINE, A DISTANCE OF 67.85 FEET TO THE SE CORNER OF LOT 24 AUDUBON PARK SIXTH ADDITION; THENCE NORTH 19°48'10" EAST ALONG THE EAST LINE OF SAID AUDUBON PARK SIXTH ADDITION, A DISTANCE OF 186.76 FEET TO THE NE CORNER OF SAID LOT 24; THENCE NORTH 19°34'28" EAST, A DISTANCE OF 60.00 FEET TO THE SE CORNER OF LOT 1 OF SAID AUDUBON PARK SIXTH ADDITION; THENCE NORTH 19°49'12" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 178.53 TO THE POINT OF BEGINNING; CONTAINING 11.909 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS OF RECORD. NOTES 1. ALL PUBLIC UTILITIES SHALL BE LOCATED WITHIN EASEMENTS OR PUBLIC RIGHT-OF-WAY. 2. ALL LOTS WILL BE CONNECTED TO THE PUBLIC WATER SUPPLY SYSTEM OF WATERLOO AND TO THE PUBLIC SANITARY SEWER SYSTEM OF WATERLOO. 3. AN UNDERGROUND UTILITY EASEMENT ACROSS THE FRONT OF ALL LOTS TO BE GRANTED TO THE CITY OF WATERLOO, IOWA AND TO OTHER PUBLIC UTILITY COMPANIES. 4. BLANKET UNDERGROUND EASEMENTS GRANTED TO RESPECTIVE UTILITY COMPANY FOR SEWER, WATER, GAS, ELECTRIC, TELEPHONE AND CABLE T.V. SERVICES TO INDIVIDUAL STRUCTURES WITHIN THE LOT WHERE THE STRUCTURE IS LOCATED. EASEMENT INCLUDES ELECTRIC PRIMARY AND SECONDARY CABLES, PAD -MOUNTED TRANSFORMERS AND GAS MAIN. BLANKET EASEMENTS FOR STREET LIGHTING WITHIN THE SUBDIVISION. 5. ALL IMPROVEMENTS TO BE INSTALLED IN ACCORDANCE WITH THE LATEST CITY OF WATERLOO STANDARD SPECIFICATIONS. 6. ALL DISTANCES SHOWN ARE IN FEET AND DECIMAL PARTS THEROF. 7. SIDEWALKS SHALL BE CONSTRUCTED ALONG ALL STREET FRONTAGES WHEN SO ORDERED BY THE CITY OF WATERLOO. 8. IMPROVEMENTS TO SUBDIVISION SHALL NOT BLOCK OR OTHERWISE IMPEDE EXISTING STORM WATER DRAINAGE PATTERN. 9. SUBDIVISION LOCATED OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN PER FEMA F.I.R.M. #19013CO284F, FEBRUARY 18, 2011. 10. OUTLOT A TO BE DEDICATED FOR STORM WATER DETENTION. THE LOT SHALL BE CONSIDERED A STORM WATER EASEMENT WHICH INCLUDES THE DETENTION OUTFALL CONNECTION TO THE CITY OF WATERLOO AND/OR THE IOWA DEPARTMENT OF TRANSPORTATION STORM SEWER SYSTEM AS APPROPRIATE. PROJECT FINAL PLAT AUDUBON HILLS SECOND ADDITION WATERLOO, IOWA " D s ;` MICHAEL D.:O RICHMOND 23577. 03 *iowP* 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 Land Surveyor under the laws of the State of Iowa. MICHAEL D. RICHMOND Iowa License Number: 23503 My license renewal date is December 31, 2021 Pages or sheets covered by this seal: 1 03/31/2020 DEVELOPER XL Colt Farms 425 2nd Street, SE #900 Cedar Rapids, IA 52401 Ph: (319) 363-8199 SHEET NO. 1 OF 1 Page 119 of 187 CERTIFICATE OF SURVEY I, MICHAEL D. RICHMOND, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IOWA, DO HEREBY CERTIFY THAT I HAVE MADE A SURVEY OF WHAT IS TO BE KNOWN AS "AUDUBON HILLS SECOND ADDITION", IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, WHICH IS LOCATED ON AND EMBRACES THE FOLLOWING DESCRIBED PREMISES. TO -WIT: PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, BLACKHAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF AUDUBON PARK SIXTH ADDITION TO THE CITY OF WATERLOO, IOWA, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF U.S. HIGHWAY 20, THENCE SOUTH 72°18'27" EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 74.21 FEET; THENCE SOUTH 82°17'29" EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 959.38 FEET; THENCE SOUTH 04°35'34" WEST, A DISTANCE OF 56.00 FEET; THENCE SOUTH 85°54'26" EAST, A DISTANCE OF 84.82 FEET TO A POINT ON THE WEST LINE OF AUDUBON HILLS 1ST ADDITION; THENCE SOUTH 00°15'57" EAST ALONG SAID WEST LINE, A DISTANCE OF 325.47 FEET TO THE NORTHEAST CORNER OF LOT 14 OF AUDUBON HILLS 1ST ADDITION; THENCE NORTH 82°24'20" WEST ALONG THE NORTH LINE OF SAID AUDUBON HILLS 1ST ADDITION, A DISTANCE OF 367.83 FEET TO THE NORTHWEST CORNER OF LOT 13 OF SAID AUDUBON HILLS 1ST ADDITION; THENCE SOUTH 16°49'13" WEST, A DISTANCE OF 90.11 FEET TO THE NORTHEAST CORNER OF LOT 1 OF AUDUBON PARK FIFTH ADDITION; THENCE NORTH 77°11'11" WEST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 224.52 FEET TO THE EAST RIGHT OF WAY LINE OF CARAS ROAD, SAID POINT BEING ON A 750.50 FEET RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY 68.44 FEET ALONG SAID EAST RIGHT OF WAY LINE, SAID CURVE HAVING A 68.42 FEET CHORD THAT BEARS SOUTH 14°31'25" WEST AND A CENTRAL ANGLE OF 005°13'30"; THENCE NORTH 73°05'31" WEST, A DISTANCE OF 59.91 FEET TO THE NORTHEAST CORNER OF LOT 2 OF AUDUBON PARK FIFTH ADDITION; THENCE NORTH 73°01'33" WEST ALONG THE NORTH LINE OF SAID AUDUBON PARK FIFTH ADDITION, A DISTANCE OF 217.81 FEET TO THE NW CORNER OF SAID LOT 2; THENCE SOUTH 39°05'57" WEST, A DISTANCE OF 67.60 FEET TO THE NE CORNER OF LOT 4 SAID AUDUBON PARK FIFTH ADDITION; THENCE NORTH 58°37'04" WEST ALONG THE NORTH LINE OF SAID AUDUBON PARK FIFTH ADDITION, A DISTANCE OF 287.64 FEET TO THE NE CORNER OF LOT 6 SAID AUDUBON PARK FIFTH ADDITION; THENCE NORTH 78°02'52" WEST ALONG SAID NORTH LINE, A DISTANCE OF 67.85 FEET TO THE SE CORNER OF LOT 24 AUDUBON PARK SIXTH ADDITION; THENCE NORTH 19°48'10" EAST ALONG THE EAST LINE OF SAID AUDUBON PARK SIXTH ADDITION, A DISTANCE OF 186.76 FEET TO THE NE CORNER OF SAID LOT 24; THENCE NORTH 19°34'28" EAST, A DISTANCE OF 60.00 FEET TO THE SE CORNER OF LOT 1 OF SAID AUDUBON PARK SIXTH ADDITION; THENCE NORTH 19°49'12" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 178.53 TO THE POINT OF BEGINNING; CONTAINING 11.909 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS OF RECORD. I FURTHER CERTIFY THAT THE ACCOMPANYING PLAT IS A TRUE REPRESENTATION OF SUCH SURVEY AND IS MADE IN ACCORDANCE WITH MY FIELD NOTES THEREOF: THAT THE LOCATION OF STREETS, AVENUES AND LOTS AND THEIR REPRESENTATIVE NAMES, NUMBERS, WIDTHS, COURSES AND DIMENSIONS ARE TO BE AS SHOWN ON THE ACCOMPANYING PLAT; THAT SAID SURVEY AND PLAT CONTAIN AND SHOW ANY SURPLUSES AND/OR DEFICIENCIES FROM FORMER SURVEYS, AND THAT IRON STAKES SHALL BE SET AT ALL LOT CORNERS PRIOR TO ONE YEAR FROM THIS DATE. IN WITNESS THERE OF, I HEREUNTO AFFIX MY HAND AND SEALTHE 30th DAYOF MARCH2O19. MICHAEL D. RICHMOND,IOWALICENSENO. 23503 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 Page 120 of 187 OWNER'S STATEMENT AND DEED OF DEDICATION FOR AUDUBON HILLS SECOND ADDITION TO THE CITY OF WATERLOO, IOWA KNOW ALL MEN BY THESE PRESENTS: That XL Colt Farms, LLC. (owner and developer "Developer"), being desirous of setting and platting into lots and streets the land described in the attached Certificate of Survey by Michael E. Richmond, dated the day of , 2020, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as AUDUBON HILLS SECOND ADDITION to the City of Waterloo, Iowa, hereinafter "Development", all of which is with the free consent and desire of the undersigned, and the undersigned does hereby designate and set apart for public use the streets and avenues as shown upon the attached plat, and set apart for the City of Waterloo, Iowa, the easements shown on the attached plat. DEDICATION OF STREETS AND EASEMENTS Developer hereby grants and conveys to the City of Waterloo, Iowa, for public use the streets shown on the attached plat. Said streets will be constructed at a width of twenty-eight (28) feet. Developer hereby grants and conveys to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, drain tile, surface drainage, gas, electricity, communication service or cable television, perpetual easements for the construction, erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat. There shall be no buildings or other unreasonable obstructions upon or under the lot covered by these easements, so that access is available for any equipment and/or persons necessary for the construction, reconstruction, or maintenance of said utilities and/or drainage ways. RESTRICTIVE COVENANTS Be it also known that Developer does hereby covenant and agree for itself and its successors and assigns that each and all of the lots in Development shall be and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively, to all intents and purposes, as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned, or its successors in interest, may hereafter make for any of the said lots and that such restrictions shall run with the land and with each individual lot thereof for the length of time and in the particulars hereafter stated, to wit: 1. The development of the Development shall be in accordance with the R-1 One and Two Family Residence District Zoning classification set forth in the Waterloo Zoning Ordinance. 2. Any dwelling that is erected on any lot shall have a minimum setback as shown upon the preliminary plat for Development, which is on record with the City of Waterloo's Planning and Zoning office. These setbacks shall apply to the main building structure, as well as any attached decks, porches, or sunrooms. In addition, no fence, dwelling, or other structure of any kind shall be placed in drainage easement areas, as the same are shown on the attached plat. Any and all drainage easements will be required to follow the "Stormwater Management Plan" and no building, fence structures, landscaping structures, private gardens or any other possible obstruction can be built in and over said drainage easements. All lot owners and/or contractors working on said lots will be responsible to maintain said easements to be free and clear of any physical obstruction(s), thus allowing the conveyance of overland storm water runoff as intended per "Stormwater Management Plan" on record with the City of Waterloo's Engineering office. U:\bkayser\Wpdocs\real estate\x-colt farms\Second Addition\DEED OF DEDICATION.docx Page 1 Page 121 of 187 3. All buildings erected on any lot in the Development shall be constructed in accordance with the building, plumbing, and electrical Codes of the City of Waterloo, Iowa. 4. Only one single family dwelling shall be permitted on any Lot. Twin homes shall be allowed on Lots 1-10. No multi -family dwellings shall be permitted. No earth shelter home, or dome style home, will be allowed. The minimum square footage for dwellings shall be: A. 1,500 square feet for a single story B. Any two story house or one and one-half story house shall have a combined minimum square footage of 1,800 for the first and second floors. C. Any twin home shall be a minimum of 1,200 square feet per twin home D. The above square footage area does not include cellars, basements, attics, garages, breezeways, porches, stoops, or other nonliving space. E. All dwellings on Lots 1-10 shall have an attached double garage with a minimum of 525 square feet and a minimum of 600 square feet for Lots 11-20. No detached garage is allowed. 5. Lots in the Development may be split or divided in any fashion to provide for more lot area when added to an adjoining lot. No dwelling shall be built or maintained on any partial lot unless said partial lot is combined with adjoining lot or partial lot so that the resulting lot has no less frontage than the smaller of the next regular platted lot on either side. 6. No prefabricated, modular, and ICF homes will be allowed. The developer has the sole discretion to disallow any building system that does not produce a quality product in its opinion. The purpose of these requirements is to protect the Development from inexperienced owners and developers. No old or used buildings shall be moved onto any lot. 7. No building or structure not attached to the original dwelling shall be constructed upon any lot or combination of lots in the Development, except a gazebo like structure. Storage sheds or outbuildings are not permitted on Lots 11-20. Storage sheds or outbuildings may be permitted on Lots 1-10, but only if the square footage is less than 400 sq. ft., and the design and materials are similar to the main structure. 8. No trailer, basement, tent, shack, garage, barn, or shed erected in said Development shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary nature be permitted on any lot. 9. Occupancy of any dwelling in the Development will not be allowed until the exterior and interior are substantially complete and an occupancy permit has been issued by the City of Waterloo. 10. The owner of each lot, vacant or improved, shall keep said lot free or weeds and debris. 11. No residence shall be used as a place of business, except an in -home office as permitted by the City of Waterloo Zoning Ordinance. Permanent business signs of any kind will not be allowed in the Development. 12. No obvious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the Development. 13. It is agreed by all parties building in the Development that the improved lot will be sodded, seeded, or a combination of both on the entire lot. The owner shall apply adequate water to maintain a healthy lawn. Additional plantings and landscaping are encouraged to be installed and maintained on the lots as weather and seasonal constraints allow. Silt fence or runoff deterrent must be installed until soil is stabilized by sod or established seed growth. All down stream intakes shall be protected from eroding soils entering them. No shrubs or trees shall be planted so as to infringe upon adjoining property lines based on maximum expected growth and shall be maintained so as not to infringe. 14. The developer, or a committee appointed by the developer, must approve all buildings, fences, and landscaping plans. U:\bkayser\Wpdocs\real estate\x-colt farms\Second Addition\DEED OF DEDICATION.docx Page 2 Page 122 of 187 15. No recreation vehicles, motor homes, trailers of any kind, campers, boats, trucks, buses, RVs, or garden tractors will be allowed to be parked outside a dwelling or on the street for a period exceeding 48 hours. After said time, such vehicles must be removed from the Development or completely stored within the garage of the dwelling. 16. No radio wave producing equipment shall be used that interferes with other property owners. All TV, radio or other antennas, towers, and dishes must be installed and enclosed in an attic or garage, except that satellite dishes no larger than 24" in diameter will be allowed, but must not be visible from the street. 17. All electrical transmission lines and service entrances, all telephone lines and services therefor, all cable TV/fiber optic cable and service therefor, and all other utilities of whatever kind or nature, shall be installed underground on all lots in said Development. 18. No animals, livestock, or poultry of any kind shall be kept on any lots, except that dogs, cats, or other household pets, may be kept, not exceeding two in number, provided they are not kept for commercial purposes. No pets of any kind will be allowed in any fenced -in areas of the Development green space not owned by individual lot owners. Such animals shall be kept under control so as not to constitute a public nuisance and must be kept in compliance with applicable zoning laws and regulations of the City of Waterloo, Black Hawk County, Iowa. 19. Any footing drain tiles or sump pump systems installed in conjunction with the construction of a residence shall be connected to sub -drain tile and shall not be expelled into any sanitary sewer system, onto the street or surface of the property. 20. The owner and/or occupant of each lot shall jointly and severally be responsible to keep in good order or to maintain the area between the curbline and the property line abutting their property including keeping said area free of holes, pitfalls, stumps of trees, fences, brick, stone, cement, stakes, posts or rods to which a metal, plastic or similar receptacle designed to hold newspapers are affixed, private irrigation or sprinkler systems, retaining walls, landscaping brick, block, stone, timber or other similar material, or any other similar obstructions. All mailboxes shall be clustered or grouped for the lots, and individual mailboxes shall not be placed between the curb line and the property line abutting the lots 21. No bus, semi -tractor, trailer or truck of any kind, except which is commonly described as a "pickup truck", shall be kept or parked on any lot or street in Development; provided however, that this prohibition shall not apply to such vehicles driven in the Development in pursuit of any in conducting their usual business. 22. No old or used building shall be moved upon any lot in Development for any purpose. 23. No dog compound, enclosure, shelter, storage outbuilding, playhouse, or wood pile for firewood shall be constructed, used, or maintained within ten feet of any lot line nor shall they exceed eight feet in height on any lot. 24. No above ground swimming pools shall be erected in Development. 25. Upon sale of a lot, the owner shall take responsibility for any erosion control issues, certifications and/or requirements of the Iowa Department of Natural Resources. 26. A Portland Cement concrete sidewalk and a hard surfaced driveway approach shall be installed during or immediately after the construction of any improvement on a lot in the Development, but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or only sidewalk construction within five (5) years of the transfer of said lot from the Developer to a subsequent lot owner, whichever is earlier. Said sidewalk shall be constructed across the full length of all street frontages of the lot, and extend to match the end of existing sidewalk(s) on adjoining lots where sidewalk exists. Said sidewalk shall also be required to be constructed across all street frontages of two (2) or more adjoining lots, or portions thereof, when any lot owner has acquired said two (2) or more adjoining lots, or portions thereof, upon construction upon one (1) or more lots, or portions thereof, all as required by the City of Waterloo, Iowa. Construction of handicap access ramps at the intersections shall be the responsibility of the Developer or adjacent lot owner. No black top shall be permitted to be used for sidewalks or driveways. 27. Each person or entity who is a record owner of a lot in the Development shall be a member of a Homeowners Association known as the Audubon Hills Second Addition Homeowners Association. A record owner shall not be construed to include a person or entity U:\bkayser\Wpdocs\real estate\x-colt farms\Second Addition\DEED OF DEDICATION.docx Page 3 Page 123 of 187 who holds an interest merely as security for the performance of an obligation. Each lot owner shall be a member of the Homeowners Association, and there shall be one vote per lot. Membership in the Homeowners Association shall be appurtenant to and may not be separated from ownership of any lot. Ownership of such lot shall be the sole qualification of membership in the Homeowners Association. The purpose of the Homeowners Association shall be to own and maintain the detention areas, maintain any monument signage for Development and green spaces, and perform functions as may be set forth in the Articles of Incorporation and Bylaws of the Homeowners Association. Developer shall perform the actual maintenance duties of the green space, until, at the discretion of Developer, the maintenance is turned over to the Homeowners Association. The Developer shall file Articles of Incorporation and adopt Bylaws of the Homeowners Association on or before the date on which the City of Waterloo, Iowa has accepted all public improvements and right-of-way pursuant to this Plat. The Homeowners Association shall have authority to establish annual fees for membership in the Homeowners Association, and shall have authority to adjust the annual membership fees as it deems appropriate to carry out maintenance duties described in this paragraph. Each lot owner shall pay such annual fee to the Homeowners Association to fund the activities of the Homeowners Association. All such membership fees which are unpaid shall be assessed as a lien against the individual lots, in the manner and as provided for in the Articles of Incorporation or Bylaws of the Homeowners Association. Developer will not be responsible to pay any association fees on unsold lots. 28. Outlot "A" shall be used for stormwater overflow detention. Initial construction of the detention pond shall be completed by Developer, and upon completion of construction, ownership of Outlot A shall be in the Audubon Hills Second Addition Homeowners Association who shall be responsible for the maintenance of the same. 29. Tract A is hereby deeded to the City of Waterloo, Iowa and used for road and related purposes. 30. The undersigned and all persons and entities hereafter acquiring any right, title, or interest in any of the lots in said Development shall be taken and held to have agreed and covenanted with the owners of all other lots in this Development and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions, and stipulations as to the construction of building thereon, for a period of 21 years from the date of filing of said plat, and this deed of dedication for record. Within the period of 21 years and in accordance with Iowa Code § 614.24 and § 614.25 or their successor provisions, these covenants, restrictions, and stipulations may be extended for an additional period of 21 years upon compliance with § 614.24 and § 614.25 of the Code of Iowa. In the event an extension of the covenants, restrictions, and stipulations is not filed within the period of 21 years or successive 21-year periods, then the covenants, restrictions, and stipulations contained herein shall terminate at the end of the existing period of 21 years. 31. Invalidation of any of these covenants by judgment, decree, or court order, shall in no way affect any of the other provisions of this dedication and such other provisions shall remain in full force and effect. 32. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions here, it shall be lawful for any other person owning property in said addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions, and for the purpose of preventing such acts or recovering damages for such violations or both, and for costs and reasonable attorney fees as determined by the court. 33. In an effort to minimize damage to adjacent properties and down stream water systems, each owner is required to comply with Association requirements in regard to construction yard waste and storm water runoff. PUBLIC IMPROVEMENTS REQUIRED IN PLAT 1. Developer agrees: A. That the streets shown in the Development, as shown on the attached plat, will be brought to City grade and that the streets will be twenty-eight (28) feet, back of curb to back of curb, with approved hard surface pavement in accordance with City of Waterloo Standard Specifications. B. The undersigned shall provide sanitary sewers for each lot, together with all necessary manholes and sewer service line, to all lots in the Development. U:\bkayser\Wpdocs\real estate\x-colt farms\Second Addition\DEED OF DEDICATION.docx Page 4 Page 124 of 187 C. The underground utilities as required by the City of Waterloo Subdivision Ordinance, or as agreed upon with the City of Waterloo, shall be installed. D. That City water will be provided for each lot as required by the Waterloo Water Works. E. The municipal fire hydrants will be provided as required by the Waterloo Water Works. F. That storm sewer will be provided, along with subdrain tile along paving, as required by the City Engineer. G. That the work and improvements called for herein shall be in accordance with City specifications under the supervision of a civil engineer registered in the State of Iowa. In the event that the undersigned, its grantees and assigns fail to complete work and improvements called for herein within one year from the date of the acceptance of said final plat by the City of Waterloo, Iowa, except as provided in Paragraph G, the City may then make the improvements and assess the costs of the same to the respective lots, and the undersigned agree that said assessments so levied shall be a lien on the respective lots with the same force and effect as though all legal provisions pertaining to the levy of such special assessment shave been observed, and further authorize the City Clerk to certify such assessments to the County Auditor as assessments to be paid in installments as provided by law. The owners, for themselves, their successors, grantees and assigns, waive all statutory requirements of notice of time and place of hearing and waive all statutory protections and limitations as to cost and assessments and agree that the City may install said improvements and assess the total costs thereof against the lots. H. Developer shall construct and install all required public improvements within the subdivision plat, to conform with approved construction plans which meet the specifications of the City of Waterloo, Iowa. Such required public improvements shall meet the following requirements: i. Shall be constructed and installed in a good and workmanlike manner; ii. Shall be free of defects in workmanship or materials; iii. Shall be free of any conditions that could result in structural or other failure of said improvements; iv. Shall be constructed and installed in accordance with the design standards and technical standards established for such public improvements by the City and by Waterloo Utilities; v. Shall be constructed and installed in strict compliance with the minimum acceptable specifications for the construction of public improvements set forth in the Waterloo Code of Ordinances, including without limitation, Chapter 24, Subdivisions, and as such specifications shall be recommended for approval by the City Engineer from time to time, and approved by the city council. The Developer's construction plans are now on file in the Office of the City Engineer. IN WITNESS WHEREOF, this instrument has been signed this XL Colt Farms, LLC B y : David Lederman, Manager day of , 2020. U:\bkayser\Wpdocs\real estate\x-colt farms\Second Addition\DEED OF DEDICATION.docx Page 5 Page 125 of 187 STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. This record was acknowledged before me on this day of 2020, by David Lederman, as Manager of XL Colt Farms, LLC. Notary Public U:\bkayser\Wpdocs\real estate\x-colt farms\Second Addition\DEED OF DEDICATION.docx Page 6 Page 126 of 187 CONTRACT This Agreement entered into this day of , 2020, by the City of Waterloo, Iowa, hereinafter referred to as First Party and XL Colt Farms, LLC, hereinafter referred to as Second Party. THAT WHEREAS, the Second Party has filed with the City Planning, Programming, and Zoning Commission of the City of Waterloo, Iowa, a final plat which must be approved by the City Council of Waterloo, Iowa, and WHEREAS, said addition is to be known as Audubon Hills Second Addition to the City of Waterloo, Iowa, and WHEREAS, it is the desire of the City Council of the City of Waterloo, Iowa, that sanitary sewers, storm sewers, curb and gutter, street paving and concrete sidewalks be installed throughout said addition and that the streets in said addition be brought to grade acceptable to the Council of the City of Waterloo, Iowa, and that all work above referred to be done under the supervision and direction of a civil engineer registered in the state of Iowa, and WHEREAS, Second Party is unable to complete the installation of said above referred to improvements and the grading of the streets in said addition at this time and desire, in lieu of completion of said improvements to enter into this Agreement with the City of Waterloo, Iowa, providing for the completion of said improvements within a fixed period of time. NOW THEREFORE, it is agreed as follows: that in consideration of the approval by the City Council of the City of Waterloo, Iowa, of the above -described final plat, Second Party at its sole expense, agrees to bring the streets in said addition to such grade as is now or shall hereafter be established by the City Council and the City Engineer of Waterloo, Iowa, and to install and construct throughout said addition the sanitary sewers, storm sewers, curb and gutter, street paving and concrete sidewalks, all in accordance with the preliminary plat, heretofore filed with the City Planning, Programming, and Zoning Commission and with the City Clerk of Waterloo, Iowa, and it is further agreed that the actual construction of said improvements shall be done in the manner provided by law and in accordance with City Ordinances pertaining thereto and under the supervision of a civil engineer registered in the state of Iowa. IT IS FURTHER AGREED, that concurrently with the execution of this Contract Second Party has executed and caused to be filed with the City of Waterloo, Iowa, his request for sanitary sewer, storm sewer, curb and gutter, street paving and sidewalk construction Petition and Waiver of Notice, Hearing and Assessments thereon for the sole purpose of allowing the City of Waterloo to proceed to construct the said public improvements and assess the costs thereof against the benefited property of the addition in the event that the Second Party fails to comply with the provisions of this Contract. IT IS FURTHER AGREED, that said improvements shall be completed no later than the day of , 20 , and the City of Waterloo is hereby specifically authorized to proceed to have any improvement covered by this Agreement completed any time after said date. WITNESS our signatures hereto this day of ,20 XL Colt Farms, LLC CITY OF WATERLOO, IOWA By: By: By: David Lederman, Its: Manager SECOND PARTY Mayor ATTEST: By: City Clerk FIRST PARTY Page 127 of 187 PETITION AND WAIVER THIS AGREEMENT made and entered into by and between the City of Waterloo, Iowa, hereinafter called the City, and the undersigned property owners in said City, hereinafter called the Property Owners, WITNESSETH: WHEREAS, each of the Property Owners is respectively the owner of the tracts of real estate set opposite their names; and, WHEREAS, the City proposes to construct improvements in said City; and WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their respective properties hereinafter described opposite their names, the general description and location of said improvements being as follows: See attached Exhibit "A" The properties to be assessed are described as follows: Lots 1 through 20, inclusive, Audubon Hills Second Addition to the City of Waterloo, Iowa. NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable the City shall have the right to cause said above described improvements to be constructed in accordance with in all respects, with such plans and specifications for the above described improvements as it shall deem appropriate. The construction of said improvements shall be under the supervision of a civil engineer registered in the State of Iowa. For the purpose hereinbefore set out, the City may elect to enter into contract for the construction of said improvements as a part of any contract for a public improvement project made pursuant to advertisement for bids done prior to the receipt of this instrument by the Council, if authorized by Section 384.41(2) of the City Code of Iowa. In consideration of the construction of the said improvement, the undersigned Property Owners hereby waive the Resolution of Necessity and publication of Notice thereof, the Resolution ordering the work, the advertisement for bids, and the publication of Notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said improvements where the expense of such improvements is to be assessed against the abutting or adjacent property. The undersigned Property Owners each and all hereby expressly waive each and every question of jurisdiction, the intention of the Property Owners being to authorize and direct said City to construct the said improvement without any of the formalities or legal proceedings required of cities by the statutes of Iowa in constructing like improvements. The express intention of each of the undersigned Property Owners being that said above described improvements shall be constructed as aforesaid as if each and every legal requirement pertaining thereto was fully and faithfully observed and performed. It is further agreed that said City may make a contract for construction of the above described improvements, as herein provided and that when said improvements have been constructed in accordance with the plans and specifications for the said improvements, to be adopted by the council, that said city by and through its Council may make assessments against the properties of the undersigned Property Owners for the entire cost of the construction of said improvements, including the cost of engineering, supervision, and preparation of assessment schedule, and that said assessments so made shall be a lien upon the properties hereinafter described of the undersigned Property Owners, and each of the undersigned Property Owners hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. Each of the undersigned Property Owners hereby expressly waive every objection to said assessment. Said assessment shall be Petition and Waiver Page 1 of 3 Page 128 of 187 paid by the undersigned Property Owners within the time provided by the laws of Iowa for the payment of special assessments for such improvements. The amount and proportion of the cost of said improvements, to be paid by the several Property Owners, shall be ascertained and determined by the Engineers and by them reported to the City Council which shall make such changes or alterations in said assessment as should be made and when said assessments are finally passed by the Council and by it levied, they shall constitute the assessments against the said properties in all respects and with all the effect that they would have pertaining to public improvements to be paid for by special assessments, had been fully observed. Said assessments shall be paid by the undersigned Property Owners within the time provided by law for the payment of special assessments for such improvements, and improvement bonds may be issued by the City payable out of said assessments. Said Property Owners hereby authorize the Council of the City of Waterloo, Iowa, to pass any Resolution requisite or necessary to order and secure said improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owners, or any of them, and any such Resolution may contain recitals that said improvements are ordered or made by the Council without petition of property owners, without in any way qualifying this petition or releasing the Property Owners from their obligation to pay the assessments levied against their property for the cost of said improvements. Each Property Owner warrants that his real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Petition and Waiver. Each Property Owner further agrees to subordinate the sale of any part of his said property to the terms of this Petition and Waiver, and, upon failure to do so, to pay the full amount of the assessment on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Property Owners agree that this Petition and Waiver shall be effective and binding from and after the approval hereof by resolution of the City Council. 2020. IN WITNESS WHEREOF, we have hereunto affixed our signature this day of XL Colt Farms, LLC By: David Lederman Its: Manager Farmers State Bank By: Its: Petition and Waiver Page 2 of 3 Page 129 of 187 STATE OF IOWA SS BLACK HAWK COUNTY) On this day of , 2020, before me, , a Notary Public, in and for the County of Black Hawk, State of Iowa, personally appeared David Lederman, as Manager of XL Colt Farms, LLC. STATE OF IOWA SS BLACK HAWK COUNTY) NOTARY PUBLIC IN AND FOR BLACK HAWK COUNTY, IOWA. On this day of , 2020, before me, , a Notary Public, in and for the County of Black Hawk, State of Iowa, personally appeared , as of Farmers State Bank. NOTARY PUBLIC IN AND FOR BLACK HAWK COUNTY, IOWA. Petition and Waiver Page 3 of 3 Page 130 of 187 Audubon Hills 2nd Addition Final Plat Looking east from 1866 Red Tail Drive. Looking southeast from 1866 Red Tail Drive. Homes in Audubon Hills 1st Addition Looking northeast from 1866 Red Tail Drive. Page 131 of 187 Looking northwest from the end of Caras Road. One of the completed new homes in Audubon Hills 1st Addition. Looking southwest from Blue Wing Drive. Looking west form Blue Wing Drive to 1866 Red Tail Drive. Page 132 of 187 CITY OF WATERLOO, IOWA ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4312 Fax (319) 291-4262 Email: city.engineer@waterloo-ia.org JAMIE KNUTSON, PE • City Engineer April 15, 2020 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT AUDUBON HILLS SECOND ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Dennig"J. Gentz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 133 of 187 CITY OF WATERLOO Council Communication Resolution approving an application to the Black Hawk County Metropolitan Area Transportation Policy Board, for Surface Transportation Block Grant program funding, in conjuntion with the Hess Road Reconstruction and Complete Streets Project. City Council Meeting: 4/20/2020 Prepared: 4/14/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ MPO STBG Application Hess Rd ❑ Cost Estimate ❑ Hess Rd and La Porte Rd Maps ❑ Example Resolution SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Action Approved Approved Type Backup Material Backup Material Backup Material Backup Material Date 4/15/2020 - 10:56 AM 4/15/2020 - 11:26 AM Resolution approving an application to the Black Hawk County Metropolitan Area Transportation Policy Board, for Surface Transportation Block Grant program funding, in conjuntion with the Hess Road Reconstruction and Complete Streets Project. Submitted By: Noel Anderson, Community Planning and Development Director Approve Resolution The Black Hawk County Metropolitan Area Transportation Policy Board (MPO) oversees and allocates federal funding and state swap funding through the Surface Transportation Block Grant (STBG) Program, and annually accept applications to program the funding for qualifying projects. This project would include reconstruction of the portion of Hess Road from approximately 500 feet north of the KOA Campground Driveway to approximately 960' north of U.S. Highway 20. Other portions of Hess Road and La Porte Road will also be reconstructed as part of a multi -phase project. This would be segment two as identified in the attachments. segment one is already programed, and it is anticipated that additional segments will be requested for funding in the future. $2,239,000, including $1,800,000 in STBG funding and $439,000 in GO Bonds and/or LOST. The STBG funds can fund up to 100% of a project, but the additional local funds are anticipated to be needed to complete the project. The funding is being requested to be programed in the 2024 fiscal year. Page 134 of 187 Source of Funds: STBG state swap funds, and GO Bonds and/or LOST. Policy Issue: Transportation Improvements Page 135 of 187 ARIC SCHROEDER From: Sent: To: Subject: Google Forms <forms-receipts-noreply@google.com> Friday, April 3, 2020 1:29 PM JAMIE KNUTSON Black Hawk County MPO STBG Application FY 2021-2024 Thanks for filling out Black Hawk County MPO STBG Application FY 2021-2024 Here's what we got from you: Edit response Black Hawk County MPO STBG Application FY 2021-2024 Email address * Jamie.knutson@waterloo-ia.org Contact Information Project Sponsor Agency * ( ) Black Hawk County • () Cedar Falls • () Elk Run Heights • () Evansdale • () Gilbertville • () Hudson • ( ) INRCOG/MPO • () Iowa DOT • () MET Transit • () Raymond i Page 136 of 187 • (X) Waterloo Contact Person * Jamie Knutson Phone Number * 319-291-4312 Project Description Project Title * Hess Road Project Description * Reconstruction, Complete Streets Project Termini (i.e. Main St to 5th St) 500North of KOA Campground Driveway to 960' North of US 20 Project Length (miles) [ 0.46 2 Page 137 of 187 Federal Functional Classification • () Interstate • () Other Principal Arterial • (X) Minor Arterial • ( ) Collector • ()NIA Project Elements (FY 2021) • [ ] Final design • [ ] Right-of-way • [ ] Construction related services • [ ] Construction • [ ] Other: Project Elements (FY 2022) [ ] Final design [ ] Right-of-way [ ] Construction related services [ ] Construction • [ ] Other: Project Elements (FY 2023) • [ ] Final design • [ ] Right-of-way • [ ] Construction related services • [ ] Construction • [ ] Other: Project Elements (FY 2024) • [ ] Final design • [] Right-of-way • [ ] Construction related services • [X] Construction • [ ] Other: 3 Page 138 of 187 Project Cost Estimate (FY 2021) Project Cost Estimate (FY 2022) Project Cost Estimate (FY 2023) Project Cost Estimate (FY 2024) STBG Requested (FY 2021) STBG Requested (FY 2022) STBG Requested (FY 2023) STBG Requested (FY 2024) 1,800,000 Other funding ($ amount) secured $439,000 Source(s) of additional funding G.O. Bonds/LOST 4 Page 139 of 187 What is the project's 2045 Long -Range Transportation Plan number (if applicable)? Reference 2045 LRTP, pages 65-69 http://inrcog.orq/pdf/MPO 2045 LRTP.pdf 313 Has your agency previously applied for STBG funds for this project: * • (X) Yes • ()No Has any part of this project been started or completed? * • (X) Yes • ()No 1f yes, what work has been started or completed? Preliminary Engineering Project Information and Design Elements Project Type (check all that apply) * • [ ] Final design engineering, and construction related services • [ ] Right-of-way acquisition • [ ] Planning study • [X] Road and/or bridge reconstruction • [ ] New road and/or bridge • [ ] Road resurfacing, restoration, or rehabilitation (3R) • [ ] Road conversion (4 to 3 lane, 1-way to 2-way) • [ ] Transit capital purchase • [ ] ITS improvement • [X] Roadway and traffic safety improvement and program 5 Page 140 of 187 • [X] Traffic monitoring, management, and control facility and program • [ ] Traffic safety study and public information initiative • [] Standalone off -road recreational trail • [ ] Other: Traffic calming measures included in preliminary design • [ ] Median refuge island • [ ] Raised crosswalk • [ ] Curb extension • [ ] Chicane ▪ [ ] Narrowing street/driving lanes [ ] Buffers and delineators [X] Roundabout [ ] Road diet j ] Routing restriction [ ] Other: Intelligent Transportation System (ITS) elements included in preliminary design • [X] Adaptive traffic control • [X] Traffic cameras • [X] Fiber optic communications • [ ] Other: Access management elements included in preliminary design Access management refers to the control of entry and exit points along a roadway. • [] Driveway closure, consolidation, or relocation • [ ] Limited -movement designs for driveways (right-in/right-out only) • [ ] Raised median • [ ] Other: Transit elements included in preliminary design • [X] Bus shelters • [X] Benches ▪ [ ] Platform display/digital signage 6 Page 141 of 187 • [ ] Bus pullouts • [X] Pedestrian lighting • [X] Pedestrian connection from bus shelter to sidewalk • [ ] Other: Bike accommodations included in preliminary design • [ ] Conventional bike lane • [ ] Buffered bike lane • [ ] Shared lane markings • [X] Off -road recreational trail • [ ] Bicycle signal heads • [ ] Bicycle signal detection and actuation • [ ] Bike boxes • [ ] Bicycle boulevard • [ ] Paved shoulder [ ] Other: Pedestrian accommodations included in preliminary design [X] New sidewalk • [X] Pedestrian signals • [ ] Raised crosswalk • [ ] Curb extension • [ ] Median refuge island • [ ] Other: Have public input meetings been held specific to this project? * • ()Yes • (X) No if public input meetings have been held, please provide specifics Dates, meeting locations, topics, etc. 7 Page 142 of 187 Applicant Assurances The Black Hawk County MPO receives federal funding and may not discriminate against anyone on the basis of race, color, or national origin, according to Title VI of the Civil Rights Act of 1964. By applying to receive these funds, the applicant is acknowledging that they understand and adhere to the principles of Title VI when performing activities related to the funding programmed through the MPO. * • (X) Agree • () Disagree All information included in this application is true and accurate, including the commitment of all design features, physical, and financial resources. I understand the FORMAL RESOLUTION binds the participating local government to provide the required matching funds, design features according to those listed in the application, and to assume responsibility for adequate maintenance of any new or improved facilities. understand that an executed contract between the applicant and the lowa Department of Transportation is required prior to the authorization of funds. * • (X) Yes • ()No An executed resolution has been emailed to the MPO? * • ()Yes • ()No • (X) NIA A preliminary design plan has been emailed to the MPO? * • (X) Yes • ()No • ()NIA A detailed cost estimate has been emailed to the MPO? * • (X) Yes • O No • ()NIA 8 Page 143 of 187 For Iowa DOT projects, a Ietter of support from the Iowa DOT District 2 Office has been emailed to the MPO? • ()Yes • (X) No For INRCOG and MET Transit projects, a Ietter of support from the respective Board has been emailed to the MPO? • () Yes • (X) No Create your own Google Form 9 Page 144 of 187 La Porte Road & Hess Road City of Waterloo Cost Estimate April 3, 2020 Hess Road Hess Road Hess Road La Porte Road La Porte Road La Porte Road Segment A-1 E Shaulis Road to 500' North of KOA Drive 2136 feet 2-lane (w/ LTL) Urban Segment A-2 500' North of KOA Drive to 960' North of US 20 2450 feet 2-lane (wl LTL) Urban Segment A-3 960' N of US 20 Drive to Grimm Street 2257 feet 2-lane (w( LTL) Urban Segment B North of Grimm St to North of Plymouth 3807 feet 5-lane Urban Segment C North of Plymouth to North of Mitchell Ave 2320 feet 3-lane Urban Segment D North of Mitchell Ave to US 218 Slip Ramp 899 feet 3-lane Urban All Segments 13,869 feet 2.63 Miles Basic Roadway Construction Unit Unit Cost Estimated Estimated Quantity Cost Estimated Estimated Quantity Cost Estimated Estimated Quantity Cost Estimated Estimated Quantity Cost Estimated Estimated Quantity Cost Estimated Estimated Quantity Cost Estimated Estimated Quantity Cost Roadway Pavement and Subbase (12") SY $ 70.00 9,288 $ 650,160 9,687 $ 678,090 11,937 $ 835,590 29,606 $ 2,072,420 14,245 $ 997,150 4,294 $ 300,580 79,057 $ 5,533,990 Shared Use Path (10') and Subbase (6") SY $ 50.00 2,295 $ 114,750 2,691 $ 134,550 2,527 $ 126,350 3,319 $ 165,950 2,304 $ 115,200 - $ - 13,136 $ 656,800 Sidewalk (5') SY $ 35.00 $ - $ - $ - 1,924 $ 67,340 1,215 $ 42,525 - $ - 3,139 $ 109,865 Earthwork STA $ 5,000.00 21.4 $ 107,000 24.5 $ 122,500 22.6 $ 113,000 38.1 $ 190,500 23.2 $ 116,000 9.0 $ 45,000 139 $ 694,000 Storm Sewer Intakes EA $ 6,500.00 14 $ 91,000 16 $ 104,000 16 $ 104,000 26 $ 169,000 16 $ 104,000 6 $ 39,000 94 $ 611,000 Storm Sewer Laterals LF $ 50.00 434 $ 21,700 496 $ 24,800 496 $ 24,800 1,690 $ 84,500 496 $ 24,800 186 $ 9,300 3,798 $ 189,900 Storm Sewer Longitudinal LF $ 150.00 2,136 $ 320,400 2,450 $ 367,500 2,257 $ 338,550 3,807 $ 571,050 2,320 $ 348,000 899 $ 134,850 13,869 $ 2,080,350 Traffic Signals EA $ 250,000.00 - $ - - $ - - $ - 2.00 $ 500,000 1.00 $ 250,000 0.0 $ - 3.0 $ 750,000 Intersection Improvements EA $ 100,000.00 1.0 $ 100,000 1.0 $ 100,000 0.5 $ 50,000 2.00 $ 200,000 7.00 $ 700,000 3.0 $ 300,000 14.5 $ 1,450,000 Signing LS $ 25,000.00 0.3 $ 7,500 0.3 $ 7,500 0.3 $ 7,500 1.0 $ 25,000 1 $ 25,000 1.0 $ 25,000 3.9 $ 97,500 Traffic Control LS $ 100,000.00 0.4 $ 40,000 0.4 $ 40,000 0.4 $ 40,000 1.0 $ 100,000 1 $ 100,000 1.0 $ 100,000 4.2 $ 420,000 Maintenance of Traffic/Staging (% of Traffic Control) 15% $ 217,900 $ 236,800 $ 246,000 $ 621,900 $ 423,400 $ 143,100 1.0 $ 1,889,100 Miscellaneous Roadway Costs (% of Construction) 15% $ 217,900 $ 236,800 $ 246,000 $ 621,900 $ 423,400 $ 143,100 1.0 $ 1,889,100 Street Lighting ($/Mile) $ 200,000.00 0.4 $ 80,000 0.5 $ 100,000 0.4 $ 80,000 0.7 $ 140,000 0.4 $ 80,000 0.2 $ 40,000 2.6 $ 520,000 Landscaping & Enhancements $ 1,000,000.00 0.10 $ 100,000 0.10 $ 100,000 0.10 $ 100,000 0.10 $ 100,000 0.50 $ 500,000 0.10 $ 100,000 1.00 $ 1,000,000 Subtotal Basic Roadway Construction (Rounded) $ 2,068,000 $ 2,253,000 $ 2,312,000 $ 5,630,000 $ 4,249,000 $ 1,380,000 $ 17,892,000 Mobilization 5% $ 103,000 $ 113,000 $ 116,000 $ 282,000.00 $ 212,000.00 $ 69,000.00 $ 895,000 Subtotal $ 2,171,000 $ 2,366,000 $ 2,428,000 $ 5,912,000 $ 4,461,000 $ 1,449,000 $ 18,787,000 Contingency 15% $ 326,000 $ 355,000 $ 364,000 $ 887,000 $ 669,000 $ 217,000 $ 2,818,000 Subtotal Basic Roadway Construction (2019 Costs) $ 2,497,000 $ 2,721,000 $ 2,792,000 $ 6,799,000 $ 5,130,000 $ 1,666,000 $ 21,605,000 Basic Roadway Construction Costs (With Inflation) 3% /Year (2o22 costs) $ 2,727,000 (2o23 costs) $ 3,150,000 (2025 Costs) $ 3,330,000 (2o2s costs) $ 8,120,000 (2025 Costs) $ 6,130,000 (2o2s costs) $ 1,990,000 $ 25,447,000 Funding Source (Construction) Preliminary Design 2022 STBG $ 2,727,000 2023/24 STBG $ 3,150,000 $3,150,000 STBG includes $1,350,000 + Proposed $1,800,000 for 2024 Application STBG/ $ 3,330,000 Other STBG/ $ 8,120,000 Other STBG/ $ 6,130,000 Other STBG/ $ 1,990,000 Other STBG (Current and Requested Funding) $ 5,877,000 UNFUNDED (STBG/Other) $ 19,570,000 TOTAL CONSTRUCTION $ 19,570,000 Design, CRS and Administration (22% Construction Costs) $ 537,300 $ 600,000 $ 690,000 $ 730,000 $ 1,790,000 $ 1,350,000 $ 440,000 $ 6,137,300 Funding Source (Design and CRS) 2020 STBG 356,000 Local (Match) 89,000 Local Portion 92,300 2020 STBG $ 218,000 Local (Match) $ 55,000 Local (CRS) $ 327,000 2020 STBG $ 251,000 Local (Match) $ 63,000 Local (CRS) $ 376,000 2020 STBG $ 265,000 Local (Match) $ 66,000 Local (CRS) $ 399,000 2020 STBG $ 390,000 Local (Match) $ 97,000 Local (Remain) $ 1,303,000 Local $ 1,350,000 Local $ 440,000 STBG $ 1,480,000 Local $ 4,657,300 Total $ 6,137,300 Total 537,300 Total $ 600,000 Total $ 690,000 Total $ 730,000 Total $ 1,790,000 Total Project Costs * $ 537,300 $ 3,327,000 $ 3,840,000 $ 4,060,000 $ 9,910,000 $ 7,480,000 $ 2,430,000 $ 31,584,300 * Minimal ROW Costs Anticipated Current STIP Current STBG Original STIP Descriptions Year Location Description Cost Estimate STBG Funds Local Funds Year Revised STIP Descriptions Location Description Estimate Funds 1,850,000 1,480,000 2020 Hawthorne Ave to Shaulis Road PE, Final Design, ROW * 1,942,300 1,480,000 462,300 2020 Hess/La Porte - Shaulis to San Marnan PE, Final Design, ROW 5,000,000 2,727,000 2022 Hawthorne Ave to San Marnan Drive Reconstruction, Complete Streets 3,327,000 2,727,000 327,000 2022 Hess/La Porte - Shaulis to 500' North of KOA Drive Reconstruction, Complete Streets 3,375,000 1,350,000 2023 San Marnan Drive to Shaulis Road Reconstruction, Complete Streets 3,840,000 1,350,000 376,000 2023 Hess/La Porte - 500' North of KOA Drive to 960' North of US 20 Reconstruction, Complete Streets 1,800,000 2024 Hess/La Porte - 500' North of KOA Drive to 960' North of US 20 Reconstruction, Complete Streets 9,109,300 7,357,000 1,165,300 Page 145 of 187 LaPorte Road / Hess Road Reconstruction Segment Al April 2020 A --COM Page 146 of 187 LaPorte Road / Hess Road Reconstruction Segment A2 April 2020 A --COM Page 147 of 187 LaPorte Road / Hess Road Reconstruction 8egmentA3 April 202O IE. RIDGEWAY AVENUE LaPorte Road / Hess Road Reconstruction Segment B April 2020 AECOM Page 149 of 187 LaPorte Road / Hess Road Reconstruction Segments C & D April 2020 AME COM Paqe 150 of 187 EXAMPLE RESOLUTION A RESOLUTION OF THE [MEMBER GOVERNMENT] APPROVING AN APPLICATION TO THE BLACK HAWK COUNTY METROPOLITAN AREA TRANSPORTATION POLICY BOARD (MPO) FOR SURFACE TRANSPORTATION BLOCK GRANT (STBG) PROGRAM FUNDING FOR THE [PROJECT NAME] PROJECT AND DIRECTING EXECUTION OF SAID APPLICATION BY THE [GOVERNING BODY]. WHEREAS, the [MEMBER GOVERNMENT] is a full member in good standing of the Black Hawk County Metropolitan Area Transportation Policy Board (MPO); and WHEREAS, the MPO provides Surface Transportation Block Grant (STBG) Program funds, on a competitive basis, for eligible projects to preserve and improve the conditions and performance on any federal -aid highway, bridge project on any public road, pedestrian and bicycle infrastructure, and transit capital projects; and WHEREAS, it is in the best interest of the [MEMBER GOVERNMENT] to avail itself of financial assistance through the Surface Transportation Block Grant Program as administered by the Black Hawk County MPO. NOW, THEREFORE, BE IT RESOLVED BY THE [GOVERNING BODY] OF THE [MEMBER GOVERNMENT] AS FOLLOWS: 1) The Surface Transportation Block Grant Program application for the [PROJECT NAME] project is hereby approved and endorsed by the [GOVERNING BODY]. 2) The improvements provided for in this application will be dedicated to public use and adequately maintained by the [MEMBER GOVERNMENT]. 3) The [MEMBER GOVERNMENT] assures the Black Hawk County Metropolitan Area Transportation Policy Board that funds for the local match have been or will be committed to the Surface Transportation Block Grant Program project. 4) The [DESIGNATED OFFICIAL] is hereby designated as the official representative of the [MEMBER GOVERNMENT] and is further hereby directed and authorized to affix their signature to said application on behalf of the [GOVERNING BODY]. PASSED AND ADOPTED this day of , 2021. ATTEST: pg. 7 Page 151 of 187 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 01, to the Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, in an amount not to exceed $28,643, in conjunction with the Park Avenue and llth Street Bridge Replacement Feasibility Study, and authorizing the Mayor to execute said document. City Council Meeting: 4/20/2020 Prepared: 4/13/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 4/15/2020 - 10:06 AM Clerk Office Even, LeAnn Approved 4/15/2020 - 10:14 AM ATTACHMENTS: Description Type ❑ Stanley_SAO1_bridges Cover Memo SUBJECT: Resolution approving Supplemental Agreement No. 01, to the Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, in an amount not to exceed $28,643, in conjunction with the Park Avenue and llth Street Bridge Replacement Feasibility Study, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: GO Bonds Background Information: Supplemental Agreement No. 01 includes the work required for collecting traffic data along llth Street to complete the traffic study along that corridor and for conducting a mussel survey at llth Street and Park Avenue bridge, as required by the IDNR. Page 152 of 187 SUPPLEMENTAL AGREEMENT NO. 01 This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC. (Consultant) and CITY OF WATERLOO (Client) amends their agreement of September 23, 2019, for Consultant to provide services to the Client for the Feasibility Study for Replacement of Park Avenue and 11th Street Bridges over the Cedar River, as follows: Scope of Services This Supplemental Agreement is for conducting; 1) 24-hour traffic volume counts to include vehicular, pedestrian and bicycle at five intersections located along the 11th Street corridor for the purpose of doing a traffic impact analysis and preparing a report, 2) a qualitative and quantitative presence and absence mussel survey at the Park Avenue and 11th Street bridge over the Cedar River. This survey is required to determine the potential presence of State of Iowa threatened or endangered mussel species. Each task is required to satisfy the requirements for preparing the Feasibility Study for Replacement Park Avenue and 11th Street Bridges over the Cedar River in Waterloo, Iowa. Time of Beginning and Completion April 1, 2020 through December 31, 2020 Fees and Payments Original Professional Services Agreement $505,000.00 Task Compensation 1. Traffic Counts 2. Mussel Survey $2,740.00 $25,903.00 Subtotal Amount $28,643.00 New Total Contract Amount $533,643.00 Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated September 23, 2019 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date below indicated. STANLEY CONSULTANTS, INC. CITY OF WATERLOO "^" By: IM .- g• By: Daniel R. Fullerton, P.E. Client Service Manager Date: April 13, 2020 Attest: By: Wendy Diekema Date: Attest: By: IIDsm-fsl\City_of Waterloo_lowa129363_1lthandParkAveBridgeReplacements\Contracts\SupplementalAgreement 20200413 SC3881 1014 Page 153 of 187 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $29,750, in conjunction with the Truck Wash Area Improvements Project, for the City of Waterloo Public Works Facility, and authorizing the Mayor to execute said document. City Council Meeting: 4/20/2020 Prepared: 4/14/2020 REVIEWERS: Department Reviewer Action Date Public Works Department Even, LeAnn Approved 4/15/2020 - 11:28 AM ATTACHMENTS: Description Type ❑ I & S Agreement Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $29,750, in conjunction with the Truck Wash Area Improvements Project, for the City of Waterloo Public Works Facility, and authorizing the Mayor to execute said document. Submitted By: Randy Bennett, Public Works Division Manager Approve Resolution Architectural and engineering services to provide drawings to add truck wash equipment in the bay at the Public Works Facility. This area was originally designed for an automated truck wash when the facility was built, but due to financing at the time, was not completed. $29,750.00 GO Bond - 418-18-7950-2103 Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Page 154 of 187 Init. AI° Document B 101 TM - 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Twentieth day of April in the year Two Thousand Twenty (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-291-4311 Fax Number: 319-291-4286 and the Architect: (Name, legal status, address and other information) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 Fax Number: 319-234-1517 for the following Project: (Name, location and detailed description) Truck Wash Area Improvements for the City of Waterloo, Waterloo, Iowa. The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page b 5 3of 187 Init. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed) Unknown. § 1.1.2 The Project's physical characteristics: (Identj or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) Unknown. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown) Unknown. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: PaweS` 3 )f 187 Init. Not yet determined. .2 Construction commencement date: Not yet determined. .3 Substantial Completion date or dates: Not yet determined. .4 Other milestone dates: § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast -track design and construction, multiple bid packages, or phased construction.) Competitive bidding. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Ident and describe the Owner's Sustainable Objective for the Project, if any.) N/A. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204T"_2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) Quentin Hart 715 Mulberry Street Waterloo, IA 50703 § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information.) § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Geotechnical Engineer: I & S Group, Inc. (ISG) AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 3 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page b3of 187 Init. .2 Civil Engineer: I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 .3 Other, if any: (List any other consultants and contractors retained by the Owner.) § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Daniel C. Channer 314 East 4th Street Waterloo, IA 50703 § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.1 1.1 and 1.1.1 1.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: 1 & S Group, Inc. (ISG) .2 Mechanical Engineer: I & S Group, Inc. (ISG) .3 Electrical Engineer: I & S Group, Inc. (ISG) AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 4 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pa6e5`r 3 )f 187 Init. § 1.1.11.2 Consultants retained under Supplemental Services: None to date. § 1.1.12 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202TM-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) for each occurrence and Two Million Dollars and Zero Cents ($ 2,000,000.00) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 5 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: PaweS` r3 )f 187 Init. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits. § 2.5.5 Employers' Liability with policy limits not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) each accident, One Million Dollars and Zero Cents ($ 1,000,000.00) each employee, and One Million Dollars and Zero Cents ($ 1,000,000.00 ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than Three Million Dollars and Zero Cents ($ 3,000,000.00 ) per claim and Three Million Dollars and Zero Cents ($ 3,000,000.00 ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 6 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: PaA25461338f 187 Init. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Scction 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 7 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (5g,4& 311 Page f 187 Init. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre -bid conference for prospective bidders; if necessary, .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. (Paragraphs deleted) § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TM-2017, General Conditions of the Contract for Construction. If the Owner and AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 8 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page 5 b 3of 187 Init. Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 9 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page 5 b3of 187 Init. of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 10 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: 5l1a643 Pageof 187 Init. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for fmal completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of fmal payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required. for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement) Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.1 Programming Not Provided — An Additional Service § 4.1.1.2 Multiple preliminary designs Architect — In Base Fee § 4.1.1.3 Measured drawings Not Provided — An Additional Service § 4.1.1.4 Existing facilities surveys Not Provided — An Additional Service § 4.1.1.5 Site evaluation and planning Architect — In Base Fee § 4.1.1.6 Building Information Model management responsibilities Not Provided — An Additional Service § 4.1.1.7 Development of Building Information Models for post construction use Not Provided — An Additional Service § 4.1.1.8 Civil engineering Architect — In Base Fee § 4.1.1.9 Landscape design Architect — In Base Fee AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 11 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page 5 b3of 187 Init. Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.10 Architectural interior design Architect — In Base Fee § 4.1.1.11 Value analysis Not Provided — An Additional Service § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 Not Provided — An Additional Service § 4.1.1.13 On -site project representation Not Provided — An Additional Service § 4.1.1.14 Conformed documents for construction Not Provided — An Additional Service § 4.1.1.15 As -designed record drawings Not Provided — An Additional Service § 4.1.1.16 As -constructed record drawings Not Provided — An Additional Service § 4.1.1.17 Post -occupancy evaluation Not Provided — An Additional Service § 4.1.1.18 Facility support services Not Provided — An Additional Service § 4.1.1.19 Tenant -related services Not Provided — An Additional Service § 4.1.1.20 Architect's coordination of the Owner's consultants Not Provided — An Additional Service § 4.1.1.21 Telecommunications/data design Architect — In Base Fee § 4.1.1.22 Security evaluation and planning Not Provided — An Additional Service § 4.1.1.23 Commissioning Not Provided — An Additional Service § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 Not Provided — An Additional Service § 4.1.1.25 Fast -track design services Not Provided — An Additional Service § 4.1.1.26 Multiple bid packages Not Provided — An Additional Service § 4.1.1.27 Historic preservation Not Provided — An Additional Service § 4.1.1.28 Furniture, furnishings, and equipment design Architect — (Under separate Form of Proposal from general contract for bidding; fee to be determined per Furniture Sliding Fee Schedule) § 4.1.1.29 Inventory of Existing Furniture, Furnishings & Equipment Not Provided — An Additional Service § 4.1.1.30 Assisting/Coordination of Furniture/Furnishings when not under contract or by purchase order with Owner. Not Provided — An Additional Service § 4.1.1.31 Furniture Preliminary Design for budget purposes when not under contract or by purchase order with Owner. Not Provided — An Additional Service § 4.1.1.3229 Other services provided by specialty Consultants Not Provided — An Additional Service § 4.1.1.33 Other Supplemental Services Not Provided — An Additional Service (Row deleted) § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Paragraph deleted) See Exhibit "A" for detailed description of additional services. § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. See Exhibit "A" for detailed description of additional services. AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 12 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page f 187 Init. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204TM-2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; . 3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; . 5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; . 9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 13 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page f 187 Init. .1 Unlimited ( Unlimited ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Bi-weekly ( Bi-weekly) visits to the site by the Architect during construction .3 Three ( 3 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1 ) inspections for any portion of the Work to determine fmal completion and one year-end warranty inspection. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within Twenty-four (24) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until fmal completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204T"_2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 14 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page i bid of 187 Init. Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, construction manager's fees, if any, and overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 15 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page 5 big of 187 Init. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; . 3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, . 5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 16 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pag25tu 3of 187 Init. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage . § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any .17 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page f 187 Init. [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee) .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any . $ portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pag25112 3of 187 Init. § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.6.1 The Client agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the Architect, its officers, partners, employees and subconsultants (collectively, Consultant) from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability, regulatory or any other cause of action, except for the sole negligence or willful misconduct of Architect. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 1 9 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page 5 ?3of 187 Init. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Paragraphs deleted) Waterloo Public Works Building - Truck Wash — Based on project information provided by the Owner and our current estimate, compensation shall be a Fixed Fee of $29,750.00. Change orders that are an add to the contract sum, will be invoiced at (10.8%). Reimbursable expenses, if any, shall be billed to the Owner as outlined at 11.8 Compensation for Reimbursable Expenses. § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) See Hourly Rate Table attached as Exhibit "B". § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: See Hourly Rate Table attached as Exhibit "B". § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Fifteen percent ( 15.00%), or as follows: § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding/Negotiations Phase Construction Phase Fifteen percent ( 15 Twenty percent ( 20 Forty percent ( 40 Five percent ( Twenty percent ( 5 20 AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 20 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page ?4 5 3of 187 Init. Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) See Hourly Rate Table as Exhibit "B". § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project -related expenditures including municipal and/or state plan review costs; .13 Life Cycle Cost Analysis (LCCA) is a process that is on occasion (depending on size) required by the State Fire Marshal and is performed by the Mechanical/Electrical Engineer. The engineer will study the existing system and compare to a more efficient system and determine what the cost savings will be. The analysis costs vary depending on the type of system, the square footage and complexity of the study. The average cost to the Owner is between $7,500 and $11,500 to have this analysis performed and will be billed to the Owner by the Architect as a reimbursable cost. .14 Geothermal Test Wells will be billed directly to and paid by the Owner. .15 Additional consultant expenses may include, but are not limited to site survey(s), soil borings etc. These expenses will be billed as a reimbursable expense to the Owner. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Fifteen percent (15.00 %) of the expenses incurred. AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 21 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pag(17504231311 e b of 187 Init. § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of Zero ($ 0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of if applicable, to be determined ($ ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty (30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 18.00 % Eighteen per annum § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B101T2017, Standard Form Agreement Between Owner and Architect .2 Additional AIA Document: N/A .3 Exhibits: Exhibit "A" — Additional Services Description Exhibit "B" — ISG Hourly Rate Table AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 22 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: g25 3o Paf 187 Init. .4 Other documents: N/A § 13.3 To the maximum extent permitted by law, the Client agrees to limit the Architect and his or her subconsultant's liability for the Client's damages to the sum of $50,000.00 or the Design Professional's and his or her subconsultant's fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) Daniel C. Channer, Principal + Senior Architect (Printed name and title) (Printed name, title, and license number, if' required) AIA Document B101 M -2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 23 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:08:38 ET on 04/16/2020 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page 1 / / 5 g48�� 3of 187 CITY OF WATERLOO Council Communication Resolution approving a Reimbursement Agreement with The Salvation Army, for sidewalk reconstruction located on properties southeast of 55 Franklin Street and 415 E. 7th Street, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 4/20/2020 Prepared: 4/16/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Felchle, Kelley Approved 4/17/2020 - 3:20 PM ATTACHMENTS: Description Type ❑ Agreement Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Resolution approving a Reimbursement Agreement with The Salvation Army, for sidewalk reconstruction located on properties southeast of 55 Franklin Street and 415 E. 7th Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approve the Reimbursement agreement with the Salvation Army for the sidewalk assessment along 415 E 7th Street and construction of sidewalk along 55 Franklin Street. The City of Waterloo is working to help strengthen its partnership with the Salvation Army for all the good and helpful purposes and uses it brings to the community. This exchange agreement will help the Salvation Army expand its campus abilities on Franklin Street, and also provide the City of Waterloo Police Department nearby and proper storage capabilities. $1,637.00 for 415 E 7th Street $2,038.40 for Franklin Street properties Sidewalk and Trail Repair Program Public Safety Infill Development Land Use Not Approve The City of Waterloo acquired the two lots abutting the Salvation Army campus through the 657A process and eliminating blight along the Franklin Street corridor. Page 178 of 187 Background Information: Legal Descriptions: The Salvation Army has decided it does not need to operate the site at East 7th Street, so is offering it up for sale. The site is located near the Government District on the Downtown Master Plan land use layout, so the acquisition of the site will help for ongoing storage operations of the City of Waterloo. The site is currently assessed at $229,010. The City is agreeing to acquire for $200,000. The two lots are currently assessed at $2,990. The lots had been looked at for potential infill development of some small office buildings, so the City is losing future tax revenue through the conveyance. The transfer of the properties will work to help both organizations with their ongoing goals of helping the community. EXHIBIT "A" Legal Description of SA Property ORIGINAL PLAT WATERLOO EAST ALL LOTS 1 AND 4 BLK 41 EXC COM AT A PT ON NE LINE LOT 141 FT SE OF MOST NLY COR TH SW 120.25 FT TO APT ON SW LINE LOT 4 30 FT SE OF MOST WLY COR LOT 4 TH 30 FT NW TO MOST WLY COR SAID LOT TH 120 FT NE TO MOST NLY COR LOT 1 TH SE 41 FT TO BEG SE 120 FT LOT 5 BLK 41 SE 120 FT LOT 8 BLK 41 SE 120 FT LOT 9 BLK 41. EXHIBIT "B" Legal Description of City Property AUDITOR RAINBOWS REPLAT LOT 18 (parcel 8913-23-429-022) and AUDITOR RAINBOWS REPLAT ALL LOT 14 EXC N 126 1/2 FT LOT 24 (parce18913-23-429-023) and AUDITOR RAINBOWS REPLAT W 32 FT N 155 FT LOT 13 (parcel 8913-23-429-011) Page 179 of 187 REIMBURSEMENT AGREEMENT This Reimbursement Agreement (the "Agreement") is entered into as of April 2020, by and between the City of Waterloo, Iowa ("City") and The Salvation Army ("SA"). WHEREAS, City and SA are parties to a certain Property Exchange Agreement dated as of August 26, 2019 (the "Exchange Agreement"), providing for conveyance transactions between them with respect to certain real property described therein; and WHEREAS, the parties desire to address the handling of financial liabilities relating to assessable sidewalk repairs on the subject properties. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. SA Property. The property identified in the Exchange Agreement as the SA Property is subject to an unpaid sidewalk assessment of $1,637.00 (the "Assessment"). SA agrees to pay the Assessment at closing. City will reimburse SA for the cost of the Assessment at closing. 2. City Property. Sidewalk panels on certain parcels of the property identified in the Exchange Agreement as the City Property have been designated as needing replacement, to wit, the parcels fronting on Franklin Street. City agrees to cover the cost of having such sidewalk panels replaced. 3. General Terms. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Agreement may not be modified or amended except pursuant to the mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this Reimbursement Agreement as of the date first set forth above. CITY OF WATERLOO, IOWA THE SALVATION ARMY By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Title: Page 180 of 187 CITY OF WATERLOO Council Communication Communication from the Engineering Department on the notice of the conclusion of employment for Larry Crain, Engineering Technician, effective April 2, 2020 with recommendation of approval of payout of $2,087.23 for unused benefits. City Council Meeting: 4/20/2020 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 4/13/2020 - 1:44 PM Clerk Office Higby, Nancy Approved 4/13/2020 - 2:09 PM ATTACHMENTS: Description SUBJECT: Type Communication from the Engineering Department on the notice of the conclusion of employment for Larry Crain, Engineering Technician, effective April 2, 2020 with recommendation of approval of payout of $2,087.23 for unused benefits. Submitted by: Submitted By: Page 181 of 187 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 4/8/2020 Effective Date: 4/2/2020 Employment Date: 4/9/1997 To: City Council Members Re: Notice of Severance Department Engineering Job Title/Classification Engineering Technician This is to report that the employment of Larry Crain with the City of Waterloo has been severed by reason of: L1 Retired �/ Disability Related IT/No No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 50 $ 29.07 $ 1,453.50 Vacation -Current 20.8 $ 29.07 $ 604.66 Usable Sick Leave 4 $ 29.07 (x) 25% $ 29.07 Frozen Sick Leave (x) 60% $ - Personal Hours $ - Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ - Total Payment] $ 2,087.23 Approved Human Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status ❑-9 Date 4/8/2020 Date [ 1C\1N° Updated 6/28/11 Page 182 of 187 CITY OF WATERLOO Council Communication Planning, Programming & Zoning minutes of March 3, 2020. City Council Meeting: 4/20/2020 Prepared: 4/15/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 4/15/2020 - 10:17 AM Clerk Office Higby, Nancy Approved 4/15/2020 - 10:28 AM ATTACHMENTS: Description Type ❑ Minutes of March 3, 2020 Cover Memo SUBJECT: Planning, Programming & Zoning minutes of March 3, 2020. Submitted by: Submitted By: Page 183 of 187 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. March 3, 2020 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Craig Holdiman, Eric Donat, Virginia Wilber, Marcia Buttgen, and Patrisha Serfling. Members absent were: Steve Trost and Sue Flynn, there is currently two vacancies on the commission. Others present: Noel Anderson, Aric Schroeder, Seth Hyberger, Chris Western and John Dornoff — Planning Department; Jaime Knutson — Engineering, Jonathan Grieder — City Council Liaison; Tim Jamison — Waterloo Courier; and 4 citizens. I. Approval of the Agenda It was moved by Holdiman, seconded by Donat to approve the agenda combining A-2, C-1, and C-2 also A-3 and B-1. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on February 11, 2020. Buttgen asked questions about items on last month's agenda. It was moved by Holdiman, seconded by Buttgen to approve the minutes. Motion carried unanimously. III. Financial Report January 2020 Anderson read the financial report. It was moved by Buttgen, seconded by Set fling to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations No oral presentations. V. New Business A. Hearings — Rezones and Site Plan Amendments 1. Request by DGOGWaterlooia062619 LLC to rezone 3.082 acres from "R-4" Multiple Residence District to "C-P" Planned Commercial District located north of 5225 Dysart Road. It was moved by Donat, and seconded by Buttgen to receive and place on file the statement of verification at 4:04 p.m. Motion carried unanimously and Wilber declared the hearing open. Hyberger read the staff report. Wilber asked for clarification confirming that there would not be an entrance off of US Highway 218 to which Hyberger responded no. Joe Rosso, Farnsworth Group representative for the applicant prepared the survey of the property and will provide other consultant services for the applicant. Page 184 of 187 Planning and Zoning Commission March 3, 2020 Buttgen asked if they had made a decision on the sidewalk to which Rosso responded that they are still looking into it. It was moved by Holdiman, seconded by Buttgen to close the public hearing. Motion carried unanimously. The hearing was closed at 4:14 p.m. It was moved by Buttgen, seconded by Donat to recommend approval of rezone request. Motion carried unanimously. 2. Request by AutoZone, Inc. for a Site Plan Amendment to the "S-1" Shopping District to construct a new retail store located south of 3115 Kimball Avenue. It was moved by Donat and seconded by Holdiman to receive and place on file the statement of verification at 4:16 p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff read the staff report recommending approval of the site plan amendment with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Donat asks if the number of parking spaces include the handicap spots to which Dornoff responded yes. Buttgen asked where the entrance would be to which Dornoff responded on the south side of the northern lot and it would be shared with the future development on the south lot. Alan Catchpool, engineer for the project stated that they are working with staff to get everything approved to submit to council. It was moved by Holdiman, seconded by Buttgen to close the public hearing. Motion carried unanimously. The hearing was closed at 4:28 p.m. It was moved by Serfling, seconded by Donat to recommend approval of the site plan amendment with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc.. Motion carried unanimously 3. Request by Lamar Advertising for a Site Plan Amendment to the "S-1" Shopping District for a new billboard located at 2010 Sears Avenue. It was moved by Buttgen and seconded by Holdiman to receive and place on file the statement of verification at 4:31 p.m. Motion carried unanimously and Wilber declared the hearing open. Western read the staff report recommending approval of the request. Donat asked if it should be taken into consideration the recommendation and ultimate denial by the city council last time to which Wilber confirmed with Western that the location of the sign has been moved and the previous opponents have not objected to the current sign. It was moved by Serfling, seconded by Buttgen to close the public hearing. Motion carried unanimously. The hearing was closed at 4:40 p.m. It was moved by Serfling, seconded by Buttgen to recommend approval of the site plan amendment. Motion carried unanimously. B. Special Permits 1. Request by Lamar Advertising for a Special Permit to the "S-1" Shopping District for a new billboard located at 2010 Sears Avenue. Item was discussed under A-3 -2 Page 185 of 187 Planning and Zoning Commission March 3, 2020 It was moved by Serfling, seconded by Buttgen to recommend approval of the special permit. Motion carried unanimously. C. Plats 1. Request by AutoZone, Inc. for the Preliminary Plat of Kimball Addition located south of 3115 Kimball Avenue. Item was discussed under A-2. It was moved by Serfling, seconded by Donat to recommend approval of the preliminary plat that the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council.. Motion passed unanimously. 2. Request by AutoZone, Inc. for the Final Plat of Kimball Addition located south of 3115 Kimball Avenue. Item was discussed under A-2. It was moved by Serfling, seconded by Donat to recommend approval of the final plat with the condition that the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. Motion passed unanimously 3. Request by the City of Waterloo for the Final Plat of Northeast Industrial Plat 5 located south of 2280 Northeast Drive. Hyberger read the staff report recommending approval of the final plat request with the condition that the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. Buttgen stated that she had concerns about the wording in the Deed of Dedication about building materials to which Anderson explained that some companies will want expansion walls but it any building on the lots will return to the planning commission as a site plan amendment. It was moved by Buttgen, seconded by Donat to recommend approval of the final plat with the condition that the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. Motion passed unanimously. D. Vacates 1. Request by the City of Waterloo to vacate approximately 33' X 818' (26,994) square feet of Oregon Street right-of-way located west of 1628 Washington Street. Western gave the staff report recommending approval of the vacate request with the condition that a utility easement be retained over the entire area being vacated. Anderson noted that the exact location of the easement will need to be different from the actual vacate due to the school administration building being built over the former right-of-way which will require additional easement to be dedicate which does not come before the commission and goes directly to the city council. 3 Page 186 of 187 Planning and Zoning Commission March 3, 2020 It was moved by Holdiman, seconded by Serfling to recommend approval of the vacate with the condition that a utility easement be retained over a portion of the area being vacated. Motion passed unanimously. 2. Request by PDG Development, LLC to vacate 4,197 square feet of a drainage easement located south of 3823 West 4th Hyberger read the staff report recommending approval of the vacate request. It was moved by Serfling, seconded by Buttgen to recommend approval of the vacate. Motion passed unanimously VI. Discussion The next meeting of the Planning, Programming and Zoning Commission will be held on April 7th VII. Adjournment It was moved by Donat, seconded by Holdiman, to adjourn the meeting at 5:02 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I 4 Page 187 of 187