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Home My WebLink AboutCouncil Packet - 12/20/2021 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, December 20, 2021 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new,livable wage jobs through a balanced economic development approach of assisting existing businesses,fostering start-ups,attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable,and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A Iowa Code Chapter 21 gives the public the right to attend council meetings,but it does not require cities to allow public participation except during public hearings.The public is required to follow the rules listed in this article when speaking during any meeting of the city council. R At the presiding officer's discretion,individuals may address the presiding officer by stepping to the podium,and after recognition by the presiding officer,shall state their name,address and group affiliation,if appropriate,and speak clearly into the microphone. C. Comments shall be germane and refrain from personal,impertinent,or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. Page 1 of 418 RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5) minutes only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting. Individuals who have not registered shall not be permitted to speak during the public comment portion of the agenda. Individuals shall only speak on matters not listed on the regular session agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting.;Individuals may call the city clerk's office at 319-291-4323 or email clerk@waterloo-ia.org. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENTDURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3)minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer,individuals may speak for a maximum of three(3)minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Dave Boesen,At-Large Council Member Agenda, as proposed or amended. Minutes of December 1, 2021, Special Session, as proposed. Minutes of December 6, 2021, Regular Session, as proposed. Minutes of December 9, 2021, Special Session, as proposed. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Page 2 of 418 2. Resolution approving request of Ajka Saric for a waiver for a concrete driveway, located at 1004 Black Hawk Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 3. Resolution approving request of Dr. Jane Lindaman, on behalf of Waterloo Community Schools, for a waiver to construct a heated public sidewalk at 1707 Williston Avenue, Lowell Elementary School. Submitted By: Jamie Knutson, PE, City Engineer 4. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Woodruff Construction, LLC, of Waterloo, Iowa, at a total cost of $305,341, in conjunction with the Five Sullivan Brothers Convention Center Skywalk Improvements Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 5. Motion approving Final Quantity Summary for Lodge Construction, Inc., for a net decrease of $4,973.92, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Dennis Gentz, PE, Assistant City Engineer 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Lodge Construction of Clarksville, Iowa, in the amount of $2,477,213.49, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 7. Motion approving Final Quantity Summary for Tricon Construction Group, for a net decrease of $170,662.50, in conjunction with the FY 2020 Virden Creek Levee Improvements Project, Contract No. 947, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Wayne Castle, PE, PLS,Associate Engineer 8. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Tricon Construction Group, of Dubuque, Iowa, in the amount of $3,725,240.41, in conjunction with the FY 2020 Virden Creek Levee Improvements, Contract No. 947, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution setting date of public hearing as January 3, 2022, to approve the request by 3 Stooges, LLC, for a site plan amendment to the "M-2,P" Planned Industrial District, to allow for the construction of three new commercial buildings on their site on Martin Road, located north of 201 West Ridgeway Avenue, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 10. Resolution approving cancellation of assessment for property located at 110 St. Croix Drive, in the amount of $94.17 and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By:Kelley Felchle, City Clerk B. Motion to approve the following: 1. TRAVEL REQUESTS a. Bob Ball, Chief Building Inspector Class/Meeting:2022 Building Code Refresher Page 3 of 418 Destination:Madison, WI Dates:2/27/2022 - 3/2/2022 Amount not to exceed: $1,260.00 b. Sgt. Hoelscher Class/Meeting: Bomb Robot pick up and training Destination: Clinton, TN Dates: October 18-21, 2021 Amount not to exceed: $1,335.00 C. Greg Ahlhelm, Building Official - Jeff Siebel, Property Inspector; Jennifer Spark, Permit Writer Class/Meeting: Significant Changes 2021 Building Codes Destination:Des Moines, IA Dates: January 11-14, 2022 Amount not to exceed: $2,615.43 d. Officer Katelyn Hanson Class/Meeting: Basic Officer Certification(ILEA) Destination: Johnston, IA Dates: January 4 -April 22, 2022 Amount not to exceed: $9,984.00 e. Taylor Mork, GM II and Logan Bemus, PMII Class/Meeting: OSHA Forklift Operator Training Destination: 1101 CampbellAve, Waterloo, IA Dates:December 2021 or January 2022 date to be determined Amount not to exceed: $500.00 2. LIQUOR LICENSES a. The American Legion, 728 Commercial Street *Ownership Update* Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 6/14/2022 b. Brown Derby Ballroom, 618 Sycamore Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 9/30/2022 C. Carlos O'Kelly's Mexican Cafe, 2060 Sovia Drive Class: C Liquor w/Outdoor Service and Catering Renewal Application Includes Sunday Expiration Date: 12/30/2022 d. Dollar General#20584, 1650 Idaho Street Class: B Wine/C Beer Renewal Application Includes Sunday Expiration Date: 10/25/2022 e. Golf Headquarters, 1850 W. Ridgeway Avenue, Suite 1 Page 4 of 418 Class: B Beer Renewal Application Includes Sunday Expiration Date: 12/30/2022 f The Isle Casino Hotel Waterloo, 777 Isle of Capri Boulevard *Ownership Update* Class: B Liquor/B Wine w/Outdoor Service New Application Includes Sunday Expiration Date:4/30/2022 g. Karma Bar, 309 W. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 10/14/2022 h. Kings and Queens Club, 304 W. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 11/15/2022 i. Target, 1501 E. San Marnan Drive Class: E Liquor Renewal Application Includes Sunday Expiration Date: 6/27/2022 3. APPOINTMENTS a. Warren McCaw Board/Commission:Memorial Hall Commission Expiration Date:December 31, 2023 Re-Appointment b. Angela Hickok Board/Commission:Memorial Hall Commission Expiration Date:December 31, 2024 Re-Appointment 4. Motion to approve Tobacco License for Family Dollar#32879, located at 1608 University Avenue. 5. Motion to approve Change Order No. 5 for Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of$70,561, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Matt Schindel, Associate Engineer 6. Motion to approve Change Order No. 7 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $83,008.33, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Matt Schindel,Associate Engineer 7. Motion to approve an Iowa Opioid Allocation Memorandum of Understanding, and authorizing the Mayor and City Clerk to execute said document. Page 5 of 418 Submitted By:Martin Petersen, City Attorney 8. Motion to approve the Subdivision Distributor Settlement Participation form, relating to opioid settlement, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Martin Petersen, City Attorney 9. Motion to approve the Subdivision Janssen Settlement Participation form, relating to opioid settlement, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Martin Petersen, City Attorney 10. Motion to approve Change Order No. 25 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of $3,021, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 11. Motion to approve Change Order No. 26 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of $6,608, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 12. Bonds. PUBLIC HEARINGS 2. Request by Viola Sailor, Glen Moore, and Merville Howard to vacate and leave in place 274 linear feet of sidewalk, located on the south side of Gable Street west of Ankeny Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by Viola Sailor, Glen Moore, and Merville Howard to vacate and leave in place 274 linear feet of sidewalk, located on the south side of Gable Street west of Ankeny Street, and authorizing the Mayor and City Clerk to execute said documents. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By:Noel Anderson, Community Planning and Development Director 3. Request by Terry Gibbs, d/b/a B&G Builders, to rezone 0.749 acres from "R-2" One and Two-Family Residence District to "M-1" Light Industrial District located adjacent to 517 Rhey Street Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving request by Terry Gibbs d/b/a B&G Builders, to rezone 0.749 acres from "R-2" One and Two-Family Residence District to "M-1" Light Industrial District, located adjacent to 517 Rhey Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By:Noel Anderson, Community Planning and Development Director Page 6 of 418 4. Sale and conveyance of City property and grant of a permanent easement located south of 804 Logan Avenue, in the amount of$1.00, to the State of Iowa. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City property and grant of a permanent easement located south of 804 Logan Avenue to the State of Iowa in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Purchase Agreement with the Iowa Department of Transportation, acting for the State of Iowa, for a portion of vacated Webster Street, and autorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 5. FY 2021 Cedar River Marina and Recreational Enhancements (TAP-U-8155(768)--8I-07), Contract 1011. 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. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. Ordinance dividing the City of Waterloo into Wards and Precincts and repealing Ordinance No. 5066. 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. Motion to receive, file, consider, and pass for the first time an ordinance dividing the City of Waterloo into Wards and Precincts, and repealing Ordinance No. 5066. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By:Aric Schroeder, City Planner RESOLUTIONS 7. Resolution adopting the City of Waterloo 2021 Housing Needs Assessment, and authorizing the Mayor and City Clerk to execute any said document. Submitted By:Noel Anderson, Community Planning and Development Director 8. Resolution approving a request by the City of Waterloo on behalf of Gary Stephens, Aaron Stephens, and Todd Borwig for the Preliminary Plat of Borwig Addition, a 6-lot residential subdivision located south of 203 Fairfield Street. Submitted By:Noel Anderson, Community Planning and Development Director 9. Resolution approving the request by the City of Waterloo to rename Hess Road to La Porte Road, between Shaulis Road and Grimm Street. Submitted By:Aric Schroeder, City Planner 10. Resolution approving a Right of Entry with Justin Schmitz for earth moving and survey activities on the west 150 feet of Lot 3, Waterloo Air and Rail Park First Addition, and authorizing the Mayor and City and Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director Page 7 of 418 11. Resolution approving a Performance Agreement with the Iowa Department of Natural Resources, in conjunction with the FY 2020 Westdale Bioswale Project, Contract No. 997, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 12. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., for engineering, project design and construction management services, in conjunction with the FY-2022 Hangar No. 4 Improvement Projects at the Waterloo Regional Airport, in an amount not to exceed $37,500, and authorizing the Mayor to execute said documents. Submitted By: Keith Kaspari,Airport Director 13. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., for design of miscellaneous and priority projects at the Waterloo Regional Airport, using FAA Grant No. 48, CARES Act Funds, in an amount not to exceed $199,500, and authorizing the Mayor to execute said document. Submitted By: Keith Kaspari, Airport Director 14. Resolution approving a Temporary Construction Easement Agreement with American Pattern, Storage, LLC, in the amount of $100, in conjunction with reconstruction of the 11th Street Bridge located at 116 East 11th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 15. Resolution approving a Professional Services Agreement with ProWest and Associates, of Walker, Minnesota, in the amount of$11,295.75, in conjunction with programming in ArcGis for the digital sidewalk solution for the Engineering Department, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 16. Resolution to terminate the Video Wall System Contract with RC Systems of Waterloo, Iowa, originally approved July 6, 2021, under Section 26 of the Conditions of Contract "Termination for Convenience"and accepting nine (9)monitors in the amount of$23,558.85. Submitted By: Mohammad Elahi, Traffic engineer 17. Resolution approving a Video Wall System Contract with Tierney Brothers, LLC of St Paul, Minnesota in conjunction with the Traffic Control Room Project Iowa DOT grant project number STP-U-8155(755)--70-07, in the amount of $70,414, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Mohammad Elahi, Traffic engineer 18. Resolution approving a Professional Services Agreement with Ritland+Kuiper of Waterloo, Iowa, in an amount not to exceed$151,950, in conjunction with landscape architecture services for the Waterloo River Lighting Project, and authorizing the mayor to execute said document. Submitted By: Jamie Knutson, P.E., City Engineer ORDINANCES 19. 2021 International Fire Code Amendment. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances, by repealing Title 9, Chapter 2, Section 2, Codes Adopted, Subsection A, and enacting in lieu thereof a new Title 9, Chapter 2, Section 2, Codes Adopted, Page 8 of 418 Subsection A, and repealing Title 9, Chapter 2, Section 8, Amendments, and enacting in lieu thereof a new Title 9, Chapter 2, Section 8 Amendments. Motion to suspend the rules. Motion to receive, file, consider and pass for the second and third times and adopt said ordinance. Submitted By: Pat Treloar, Fire Chief 20. 2021 International Building Code Amendment. Motion to receive, file, consider and pass for the first time an ordinance amending the 2015 Code of Ordinances of the City of Waterloo, Iowa, to adopt the 2021 International Building Code, the 2021 International Residential Code, and the 2021 International Existing Building Code by repealing and amending Title 9 Building Regulations, Chapter 1 Building Code, Section 1 Building Codes Adopted and Section 2 Amendments to the Building Codes, in their entirety, and enacting in lieu thereof new Chapter 1, Building Code, Sections 1 and 2. Motion suspending the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Greg Ahlhelm, Building Official ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:00 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Planning and Zoning minutes of October 12, 2021. 2. Board of Adjustment minutes of September 28, 2021. 3. Historic Preservation Commission minutes of October 19, 2021. 4. Complete Streets minutes of September 28, 2021. Page 9 of 418 CITY OF WATERLOO Council Communication Minutes of December 1, 2021, Special Session, as proposed. City Council Meeting: 12/20/2021 Prepared: ATTACHMENTS: Description Type ❑ Special Session Minutes of 12/1/2021 Backup Material Submitted by: Submitted By: Page 10 of 418 December 1, 2021 The City Clerk of the City of Waterloo,Iowa,met in the Mollenhoff Conference Room at City Hall,715 Mulberry Street, Waterloo, Iowa, at 10:30 a.m. on December 1, 2021, to receive bids and refer the sale of $14,200,000 General Obligation Bonds, Series 2022A, to the best and most favorable bidder for cash, subject to approval of the City Council at 5:00 p.m. on the above date. The following persons were present at said meeting: Michelle Weidner, Chief Financial Officer, Maggie Burger, Sr. Vice President Speer Financial and LeAnn Even, Deputy City Clerk. This being the time and place for the opening of bids for the sale of$14,200,000 General Obligation Bonds, Series 2022A, the City Clerk announced the following bids were received: Name of Bidder True Interest Rate Robert W. Baird & Co., Inc., Milwaukee, Wisconsin 2.2716% (original) 2.2680% (revised) Raymond James &Associates, Inc., Memphis, Tennessee 2.3604% Stifel Financial Corp., Birmingham, Alabama 2.3981% JP Morgan Securities,New York,New York 2.4033% The best bid was determined to be as follows Robert W. Baird & Co., Inc., Milwaukee, Wisconsin, at a True Interest Rate of 2.2680%. Whereupon all bids were referred to Speer Financial, Inc. and the meeting adjourned to 5:00 p.m. in the City Hall Council Chambers on December 1, 2021. December 1, 2021 The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council Chambers, Waterloo, Iowa,at 5:00 p.m.,on Wednesday,December 1,2021. Mayor Pro Tem, Sharon Juon in the Chair. Boesen,Amos, Morrissey, Feuss, Klein, Juon. Absent: Grieder. 160715 - Amos/Morrissey that the Agenda, as proposed, for the Special Session on December 1, 2021, at 5:00 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. BOND SALE 160716 - Morrissey/Amos to receive and file copies of Calls. Voice vote-Ayes: Six. Motion carried. 160717 - Morrissey/Amos that proof of publication of Notice of Sale on consideration of the proposition of issuance of General Obligation Bonds, Series 2022A, as published in the Waterloo Courier on November 19, 2021, be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor Pro-Tem called for written and oral comments and there were none. Presentation by Maggie Burger, Speer Financial, on the bids received. She explained that the purpose of the bond issue is to provide incentives for constructing the theme park. 160718 - Morrissey/Amos that the hearing be closed. Voice vote-Ayes: Six. Motion carried. After the sale, the par amount of the Bonds was reduced to $14,075,000. 160719 - Morrissey/Amos that "Resolution directing sale of$14,075,000 Taxable General Obligation Urban Renewal Bonds, Series 2022A to Robert W. Baird & Co., Inc., of Milwaukee Wisconsin at a rate of 2.2680%. Roll call vote-Ayes: Six. Motion carried. Page 11 of 418 December 1, 2021 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2021-763. ADJOURNMENT 160720 - Morrissey/Amos that the Council adjourn at 5:10 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 12 of 418 CITY OF WATERLOO Council Communication Minutes of December 6, 2021, Regular Session, as proposed. City Council Meeting: 12/20/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of 12/6/2021 Backup Material Submitted by: Submitted By: Page 13 of 418 December 6, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, December 6, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon. Mr. Morrissey joined via Zoom. Prayer or Moment of Silence. Pledge of Allegiance: Jerome Amos, Ward 4 Council Member 160733 - Juon/Grieder that the Agenda, as amended, to Item 7 to read, "Resolution approving a request by the City of Waterloo on behalf of Gary Stephens, Aaron Stephens, and Todd Borwig for the Preliminary Plat of Borwig Addition, a 6-lot residential subdivision located south of 203 Fairfield Street, to clarify that the preliminary plat of Borwig Addition is inclusive of both developments in the neighborhood, for the Regular Session on Monday, December 6, 2021, at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 160734 - Juon/Grieder that the Minutes, as proposed, for the Council Planning Session on Monday, November 29, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Swearing in of new Police Officer recruits: Douglas Cooper, Lea Montalvo, Gustavo Gasca-Muniz and Katelyn Hanson. PUBLIC COMMENTS Pastor Corey Holmes, 3711 Ravenwood Circle, shared that he worked as an Atlanta police officer for 10 years but recently moved back to the community at the request of his father to take over as pastor as Mount Moriah Church. He shared that as he moved back to the community he observed division within the community. As a solution, he devised a non-profit called P5, which stands for People, Police, Politicians, Preachers, and the Poor. He wanted to start the program here then eventually reach out to the Atlanta Police Department. The goal is to connect people in these five categories to create change within the community. David Dryer, 3145 W. 4th Street, shared that he noticed an article in the paper that brought through to his mind about what interest the city has in whether Lee Enterprises is purchased since the Waterloo Courier has already decided to move out of Waterloo. He questioned the financial motivation of council members. The paper is not full of Waterloo news, it's primarily advertising. He also questioned what the city has to do with the potential resolution especially since it was a backroom discussion. Mr. Grieder commented that the resolution was discussed at a public meeting. He addressed personal attacks that were made against him by Mr. Dryer regarding his finances, then spoke to the reasons why he is putting forth the resolution. Mrs. Juon commented that there have been comments on social media that stated that the cost to change the police logo would be $175,000 - $300,000. She asked that Chief Fitzgerald share the actual cost of changing the logo. Chief Fitzgerald summarized the cost to change the police logo, which includes the year to date cost of$17,160.19, and an estimated total cost of$52,000. 160735 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 160736 - Juon/Grieder that the following items on the consent agenda be received,placed on file and approved: Page 14 of 418 December 6, 2021 Page 2 a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated December 6, 2021, in the amount of$4,547,964.76, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2021-764. 2. Motion approving a Final Quantity Summary for a net increase of$13,935.84, in conjunction with the FY 2021 Asphalt Overlay Project, Contract No. 1022, and authorizing the Mayor and City Clerk to execute said document. 3. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of$1,758,417.60, in conjunction with the FY 2021 Asphalt Overlay Project, Contract No. 1022, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2021-765. 4. Resolution setting date of public hearing as December 20, 2021 to approve the request by Viola Sailor, Glen Moore, and Merville Howard to vacate and leave in place 274 linear feet of sidewalk, located on the south side of Gable Street west of Ankeny Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-766. 5. Resolution setting date of public hearing as December 20, 2021, for the FY 2021 Cedar River Marina and Recreational Enhancements Project, (TAP-U-8155(768)--8I-07), Contract No. 1011, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-767. 6. Resolution setting date of public hearing as December 20, 2021, for the sale and conveyance of City property and grant of a permanent easement located south of 804 Logan Avenue, in the amount of$1.00, to the State of Iowa, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-768. 7. Resolution setting date of public hearing as December 20, 2021 to approve an Ordinance dividing the City of Waterloo into Wards and Precincts and repealing Ordinance No. 5066, and authorize the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-769. 8. Resolution setting date of public hearing as December 20, 2021, to approve the request by Terry Gibbs dba B&G Builders to rezone 0.749 acres from"R-2" One and Two-Family Residence District to "M-1" Light Industrial District, located adjacent to 517 Rhey Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-770. 9. Resolution of support and matching local funding for the US Economic Development Administration 2021 Public Works and Economic Adjustment Assistance American Rescue Plan grant application, representing 25% of the total allowable project costs, or approximately$690,000. Resolution adopted and upon approval by Mayor assigned No. 2021-771. b. Motion to approve the following: Page 15 of 418 December 6, 2021 Page 3 1• Travel Requests Name &Title Amount of Personnel Class/Meeting Destination Date(s) not to Exceed a. Greg Ahlhelm, Significant Changes 2021 West Des January 11-14, $1,777.70 Building Official, Building Codes Moines, IA 2022 Jeff Siebel, Property Inspector, and Jennifer Spark, Permit Writer b. Senada Muhic, Housing Choice Voucher Online February 8-10, $892.50 Housing Housing Quality Standards 2022 Coordinator c. Kelley Felchle, Municipal Leadership Virtual and December 16, $220.00 City Clerk Academy Parts 1, 11, and III Waterloo, 2021, January IA 18, 2022, and April 9, 2022 d. John Chiles, Rob Municipal Leadership Virtual, December 11, $880.00 Nichols,Nia Academy Parts I, II, and III Cedar 2021, Wilder, and Ray Rapids, and December 16, Feuss, Council Waterloo, 2021, January members IA 18, 2022, and April 9, 2022 2. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment Jessica Rucker Design Review Board August 5, 2022 New Jessica Rucker Leisure Services March 1, 2024 New Commission 3. Recommendation of appointment of Jennifer McGee to the position of Bookkeeper/Administrative Assistant in the Housing Authority, effective December 7, 2021. 4. Recommendation of appointment of Bryan Ruddedge to the position of Fitness Specialist in the Leisure Services Department, effective December 7, 2021. 5. Motion approving Change Order No. 3 with Boomerang Corp., of Anamosa, Iowa, for a net decrease of $8,101.10, in conjunction with the Dry Run Creek Interceptor Project, Contract No. 877, and authorizing the Mayor to execute said document. 6. Motion approving Change Order No. 5 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of $3,352, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. 7. Motion approving Change Order No. 8 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $29,278.19, in conjunction with the FY 2021 Commercial Street, Katoski Drive, and Hawkeye Road Right Turn Lane Reconstruction Project,Contract No. 1024,and authorizing the Mayor and City Clerk to execute said document. 8. Motion to receive and place on file the 2022 Budget of the Waterloo Water Works, and authorize the City Clerk to file said documents with the Black Hawk County Auditor. 9. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS Page 16 of 418 December 6, 2021 Page 4 160737 - Grieder/Feuss that proof of publication of notice of public hearing on Traffic Control Room Remodel Project, Iowa DOT Project Number STP-U-8155(755)--70-07, as published in the Waterloo Courier on November 22, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 160738 - Grieder/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 160739 - Grieder/Feuss that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-772. 160740 - Grieder/Feuss Motion to receive and file and instruct City Clerk to read bids. Engineer's Cost Estimate$62,873.18 Bidder Bid Total Bid Amount Security Kidder Construction Inc. 5% $65,914.00 Waterloo, IA K&W Electric Inc. Cedar Falls, IA 5% $66,450.00 Failor Hurley Construction o $52,825.00 Waterloo, IA 5/o Voice vote-Ayes: Seven. Motion carried. 160741 - Grieder/Feuss that"Resolution awarding bid to Failor Hurley Construction Co. of Waterloo, Iowa, in the amount of $52,825, contingent upon Iowa DOT concurrence, and approving the contact, bond and certificate of insurance, in conjunction with the Traffic Control Room Remodel Project, Iowa DOT Project Number STP-U-8155(755)--70-07, authorizing the Mayor to execute said documents and directing the Traffic Engineer to obtain Iowa DOT concurrences", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-773. 160742 - Amos/Feuss that proof of publication of notice of public hearing on Asbestos Abatement Services Contract No. AB-2021-12-04P, for properties located at 928 Mulberry Street, 1526 E. 4th Street, 114 E. 10th Street, and 105 E. 11th Street, as published in the Waterloo Courier on November 22, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 160743 - Amos/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. Page 17 of 418 December 6, 2021 Page 5 160744 - Amos/Feuss that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-774. 160745 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids. Estimate: $110,000.00 Bidder Bid Bid Amount Security Earth Services and Abatement D 5% $155,000.00 Des Moines, IA Site Services 5% $126,161.00 Algona, IA Advanced Environmental 5% $94,800.00 Waterloo, IA Active Thermal Concepts 5% $115,416.00 Hiawatha, IA Voice vote-Ayes: Seven. Motion carried. 160746 - Amos/Feuss that "Resolution awarding bid to Advanced Environmental, of Waterloo, Iowa in the amount of $94,800, in conjunction with Asbestos Abatement Services Contract AB-2021-12-04P, for properties located at 928 Mulberry Street, 1526 E. 4th Street, 114 E. 10th Street, and 105 E. 11th Street., and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-775. RESOLUTIONS 160747 - Feuss/Amos that "Resolution accepting a grant from the State of Iowa's Fitness Center Relief Program, in the amount of$288,057.09, for lost revenue at the Cedar Valley SportsPlex, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-776. 160748 - Feuss/Amos that "Resolution approving a purchase agreement with Push, Pedal, Pull of Cedar Rapids, Iowa, in conjunction with the purchase of new fitness equipment at the Cedar Valley SportsPlex, in the amount of$204,620, and authorizing the Mayor and City Clerk to execute said documents",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-777. 160749 - Feuss/Amos that "Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in an amount not to exceed$58,750, in conjunction with Remediation of the North Well at the Hawthorne Avenue Pumping Station, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-778. Page 18 of 418 December 6, 2021 Page 6 160750 - Klein/Feuss that "Resolution approving a request by the City of Waterloo on behalf of Gary Stephens, Aaron Stephens,and Todd Borwig for the Preliminary Plat of Borwig Addition,a 6-lot residential subdivision located south of 203 Fairfield Street",be adopted. Gary Stephens, 202 Fairfield Street, commented he has waited two years to have an opportunity to come before council on the matter and expressed his concern about the lot. Noel Anderson, Community Planning and Development Director, provided a review of the lot in question and explained the lot is the size that Mr. Stephens has requested. Mayor Hart questioned if Mr. Stephens is in no longer in favor of the lot as is described. Mr. Morrissey asked that the vote be delayed for two weeks so that Mr. Stephens and his son can meet with Aric Schroeder and Noel Anderson to review the details of the preliminary plat so that they are fully aware that their development agreement is being honored and that this property goes to them. Mrs. Klein questioned which came first, the agreement with Mr. Stephens or Mr. Borwig, and if he is under the understanding that the property is to be a perfect rectangle. Gary Stephens clarified that he loses the corner of the lot and then there has to be a setback due to the development of the street. He now cannot use his property as intended due to the city wanting to work with Mr. Borwig to build five lots with a cul-de-sac. Mrs. Klein commented that she concurs that this item should be delayed two weeks. Mr. Boesen commented that he is in favor of a two-week delay and return for a vote at the December 20, 2021 meeting. 160751 - Boesen/Klein To postpone Item Seven for two weeks. Roll call vote-Ayes: Seven. Motion carried. 160752 - Klein/Feuss that "Resolution approving a request by the City of Waterloo for the Preliminary Plat of West Port a 5-lot commercial subdivision,located in the"M-1"Light Industrial District,east of 3338 West Airline Highway",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-779. 160753 - Klein/Feuss that"Resolution approving a second Amendment to a Development Agreement with Lincoln Savings Bank and Hawkeye Community College Foundation, to change construction timelines, parties involved moving forward, and incentives, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-780. 160754 - Grieder/Amos that "Resolution approving an intergovernmental transfer of public funds agreement with the Iowa Department of Human Services, 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. 2021-781. 160755 - Grieder/Amos Page 19 of 418 December 6, 2021 Page 7 that"Resolution approving certification to the Black Hawk County Auditor for FY 2021 expenditures that qualify for reimbursement in the East Waterloo Unified Urban Renewal and Redevelopment Tax Increment District, rescinding Resolution No. 2021-755, and place the certification on file", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-782. ADJOURNMENT 160756 - Feuss/Grieder that the Council adjourn at 6:24 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 20 of 418 CITY OF WATERLOO Council Communication Minutes of December 9, 2021, Special Session, as proposed. City Council Meeting: 12/20/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of December 9, 2021 Backup Material Submitted by: Submitted By: Page 21 of 418 December 9, 2021 The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council Chambers, Waterloo, Iowa, at 5:00 p.m., on Thursday, December 9, 2021. Mayor Pro Tem Sharon Juon in the Chair. Roll Call: Amos, Morrissey, Klein, Feuss, Grieder, and Juon. Absent: Boesen Moment of Silence. Pledge of Allegiance: Kelley Felchle, City Clerk 160757 - Morrissey/Amos that the Agenda, as proposed, for the Special Session on Thursday, December 9, 2021, at 5:00 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Mrs. Juon commented that at her discretion there will not be public comment taken tonight. RESOLUTION 160758 - Juon/Morrissey Resolution censuring Ward 1 Council member Margaret Klein, be adopted. Roll call vote-Ayes: Five. Motion carried. Mrs. Klein left the meeting. Resolution adopted and upon approval by Mayor assigned Resolution No. 2021-783. Mrs. Klein commented that we are here tonight to discuss freedom of speech and electioneering. She described what happened on the night of the November 1St council meeting. She stated that when she arrived at city hall, it looked to be a well-coordinated campaign event going on. She was greeted by a crowd of picketers all targeting her. When she got into council chambers, staff were expanding the room to create additional room for public. She put two and two together and realized that nothing sensitive was on the agenda so it was apparent that the people were there to target her. At the start of the meeting Mr. Morrissey then publicly delivered nine allegations of her actions that allegedly violated city policy. Following an investigation five were found to allegedly have some merit. She then responded to the nine allegations as follows: Item 1. She explained that out of respect for the family of Mr. Buckley, she would not go into detail, but said the charge against her was looked into by the police chief and the county sheriff and was found to be false. She commented that Mr. Morrissey has harassed her for four years on this issue, and that his conduct is censure worthy. Item 2. She explained that comments she made at a work session regarding raw sewage going into the Cedar River were because her questions to the Mayor were met with unclear answers. She stated that we must have freedom of speech and freedom to look into the concerns of the citizens of Waterloo, and said that she would do it again. Item 3. She commented on Mr. Morrissey's issue with her looking into the camera and explained that she looks at the citizens in the room and the camera instead of the council because to do otherwise turns her back to the citizens, and they are where her allegiance is. She explained her reasons for voting as she did in regard to spending, and said that she would do it again. Item 4. She explained that she still believes that the Rebrand Committee was rigged. She said that she simply stated what had been reported by the Courier and KWWL, and this is about freedom of speech. Item 5. She questioned why people need to be referred to by their race. She will not comment beyond that on the first part of this allegation because this is not about race. She explained how she was contacted by someone to look at the bills payment on the next agenda, and that in doing so she discovered a payment of$150,000 to a developer that had been incorporated into an area reserved for bulk items such as lightbulbs, tissues, cleaners, etc. She explained that in her opinion, it was placed there so it would not be readily seen. She said that she would do it again. Item 6. She commented that she said it was unethical, not illegal, for the Mayor and Human Resources Director of impropriety. She believes it creates an imbalance in influence and she stands by her statements, and would say them again. Again, it is a matter of free speech and free thought. Page 22 of 418 December 9, 2021 Page 2 Item 7. She commented that she has been here long enough to know that things do happen behind closed doors. When she was first on the council, she was invited in sometimes to those closed-doors. She stands by her comment, and said that she believes tonight's vote has already been arranged. It is her opinion, and as American's we have a right to our opinions, and a right to free speech. Item 8. She confirmed that she listens to her constituents and that she works hard for them. So yes, she does vote the way they want her to. She works for them, not the other council members. She stated that she would do that again. She commented on her right, and everyone's right,to say what they believe. She explained that she even said at one point, that the silly rules about minding your tongue could be used potentially as a campaign club, to punish someone. Look where we are at tonight. She shared that this is, in her opinion, a campaign stunt and when it gets put in motion it cannot be clawed back. She stated that it is also absurd that the city spent money by sending it to an attorney in Des Moines and that these rules are not any kind of legal issue, they are something we put together ourselves, and that others forget their part in their behaviors. She stated that the Mayor and Police Chief sat for an interview with the Associated Press and alluded to the fact that Waterloo is completely racist. That breaks this rule too. You cannot pass rules, and then be selective on how they are enforced. She said the strategic plan says that we have to work to reduce taxes but we have never done it and everyone at the table is guilty. She stated that if you look at the verbiage you cannot say anything that tarnishes the image or reputation of the city and gave examples of things she technically could not say. She spoke about seconding Mr. Morrissey's motion to discuss his budget after he had been"frozen out" of the conversation. Despite the history between her and Mr. Morrissey, she seconded the motion because she is fundamentally offended by anyone that would try to stop someone from speaking and getting a chance to lay out their ideas, whether she agrees with them or not. She said she really does not take this seriously tonight because everyone has been guilty of this at one time or another, in one manner or another. The rule chills conversation and the goal is to keep everyone quite. However, you cannot neglect parts that need to be fixed. She said that her opinion is to speak. Speak out when you see things. She stated that she could sit and listen to what was about to occur but she could also choose to go to Village Inn and have a piece of pie. Mrs. Klein left chambers. Mr. Grieder stated that it is clear that our colleague does not want to engage in the process. The First Amendment does give the right to free speech; it does not however mean that that speech does not have consequences. It is clear that my colleague does not understand, and refuses to take accountability as an adult for her actions, and for the fact that words do matter. He explained that outside counsel was used to avoid conflict of interest and went on to clarify and define the violations made by an unrepented Mrs. Klein. He commented that we do talk about problems and finding solutions. But,we also have to be measured by the tone we use and be cognizant of the fact that the things we say have consequences and we have to be aware that we serve as an example to the people of this city. He stated he would be voting in favor of these articles because they are the right thing to do. Mr. Morrissey questioned whether Mrs. Klein's vote would be counted as an abstention or a vote to approve because she left the meeting. Mrs. Juon requested clarification on the rules from the City Clerk. Kelley Felchle, City Clerk, stated that she would like a brief recess to review the rules with the City Attorney. 160759 - Amos/Feuss To recess the meeting at 5:27 p.m. to review the rules of procedure. Voice vote-Ayes: Five. Motion carried. 160760 - Feuss/Grieder. To reconvene the meeting at 5:40 p.m. Voice vote-Ayes: Five. Motion carried. Page 23 of 418 December 9, 2021 Page 3 Kelley Felchle explained that there would be no vote counted for Mrs. Klein due to her absence. Mr. Morrissey commented that he heard no regrets, no remorse,no repudiation and no retraction. Mr. Amos shared that he wants the public to understand that these rules are not silly. He referred back to October of 2018, where things were said in council chambers that were hurtful and inappropriate, and in part, were the reason these rules were put in place. He stated that truth is critical and we must all watch what we say. Just because someone says something does not make it true. He will be voting to approve this resolution. Mr. Feuss shared that when we came tonight it was perceived that council had already made up their minds. He clarified that tonight, he brought only the things that were made available to the public and a ballpoint pen. He wanted to listen to what Mrs. Klein had to say about the allegations. I look to see if a person shows some remorse for their actions, a level of awareness of what they've done and how it has impacted people. But I haven't seen that. That is a huge factor on how I work on a daily basis. I heard repeatedly, "I would do that again". What we say makes a big impact. The indication from the citizens of Waterloo is that they want a different direction. A council that will work together to problem solve. He stated he is in support of the censure vote. Mr. Morrissey stated that when he was listening to Mrs. Klein he stated that there was new disinformation shared by the councilperson. He further requested that the resolution be read in full. Mrs. Juon commented that she agrees with Mrs. Klein comment that we all make mistakes. Not intentionally of course. The rules state that censure should not follow an occasional error in judgment. But this is not what we are talking about. She explained that what she found so egregious about Mrs. Klein's behavior is that most of the things she put forward, she knew were mistruths. She concluded that elected officials especially need to held accountable for their actions. She stated that she reluctantly but fully supports this resolution and is disappointed in Mrs. Klein and her supporters that they would not stay and listen to the full story. Kelley Felchle, City Clerk, read the full resolution. ADJOURNMENT 160761 - Feuss/Grieder that the Council adjourn at 5:59 p.m. Voice vote-Ayes: Five. Motion carried. Kelley Felchle City Clerk Page 24 of 418 CITY OF WATERLOO Council Communication Resolution approving request of Ajka Saric for a waiver for a concrete driveway, located at 1004 Black Hawk Road, with the elimination of the sidewalk section due to inability to meet grade requirements. City Council Meeting: 12/20/2021 Prepared: 12/1/2021 ATTACHMENTS: Description Type ❑ DW Waiver 1004 Black Hawk Rd Backup Material Resolution approving request ofAJka Saric for a waiver for a concrete SUBJECT: driveway, located at 1004 Black Hawk Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway at 1004 Black Hawk Road. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 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 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. This is a waiver of the City's Standard Specifications for Driveway Neighborhood Impact: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Descriptions: AUD PLAT OF PART OF MEADOWDALE S 130 FT W 1/2 LOT 13 Page 25 of 418 - AIVER Date: Honorable Mayor and City Council City Hail Waterloo, IA 50703 Council Persons I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at (concrete or asphalt) (Address) This waiver is needed because of: special surface texture(i.e.,exposed aggregate,brick stamped pattern, ,paving brick)to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. Other: I agree to the following: 1. To remove and roplace 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, Gt�' r C Pri d Name of Property Owner Sign re of Property Owner i Page 26 of 418 CITY OF WATERLOO Council Communication Resolution approving request of Dr. Jane Lindaman, on behalf of Waterloo Community Schools, for a waiver to construct a heated public sidewalk at 1707 Williston Avenue, Lowell Elementary School. City Council Meeting: 12/20/2021 Prepared: 12/3/2021 ATTACHMENTS: Description Type ❑ DW Waiver-1 707 Williston Ave Cover Memo Resolution approving request of Dr. Jane Lindaman, on behalf of Waterloo SUBJECT: Community Schools, for a waiver to construct a heated public sidewalk at 1707 Williston Avenue, Lowell Elementary School. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommendation of approval by the City Engineer. This waiver is needed because property owner is wanting to use heated sidewalk in the location indicated on the attached waiver. 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. Summary Statement: 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. Legal Descriptions: LICHTY FOURTH ORANGE ADDITION LOT 51 Page 27 of 418 WANE R Date: z R ren FkBzlif 51 M& cTILTsM AvM25, Honorable Mayor and City Council City Hall Waterloo, IA 50703 NOV 17 2021 Council Persons: 1=f1`,lAMCIAI: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a � mor sidewalk located at concrete r-asps} (Address) This waiver is needed because of: special surface texture(i.e.,exposed aggregate, brickstamped pattern, Paving brick)to be used on the concrete approach. elimination of the sidewalk section dile to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section, placing a driveway or sidewalk onCityCity right of way on an unimproved street. Other: 1 K la' tv, PA ! r r I agree to thefollowing: 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. Z, 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 sidowallc 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. S. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. I 6, This waiver is for this property only_ ! r Attached herewith is a payment in the amount of seven doi[ars ($7.170) for the purpose of recording this agreement, Respectfully submitted, V Y• �f-l.C. L� � � I Printed Name of Property Owne T Signa ' re of Property Owner-, I Page 28 of 418 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Woodruff Construction, LLC, of Waterloo, Iowa, at a total cost of$305,341, in conjunction with the Five Sullivan Brothers Convention Center Skywalk Improvements Project, and authorizing the Mayor to execute said document. City Council Meeting: 12/20/2021 Prepared: 11/29/2021 ATTACHMENTS: Description Type ❑ Acceptance of Work Backup Material Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Woodruff Construction, LLC, SUBJECT: of Waterloo, Iowa, at a total cost of$305,341, in conjunction with the Five Sullivan Brothers Convention Center Skywalk Improvements Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Woodruff Construction LLC has completed the above referenced project in accordance with the plans and specifications. Page 29 of 418 =. -i Document G704� - 2017 Certificate of Substantial Completion PROJECT:(name and address) CONTRACT INFORMATION: CERTIFICATE INFORMATION: 5 Sullivan Brothers Convention Center Contract For:General Construction Certificate Number:001 2020 Skywalk improvements,Waterloo, Project No: 19-23770 IA. Date:May 07,2020 Date:September 09,2021 OWNER:(name and address) ARCHITECT:(name and address) CONTRACTOR:(name and address) City of Waterloo I&S Group,Inc.(FSG) Woodruff Construction,LLC 715 Mulberry Street 314 East 4th Street 1717 Falls Avenue Waterloo,lA 50703 Waterloo,IA 50703 Waterloo,I 50701 The Work identified below has been reviewed and found,to the.Architect's best knowledge,information,and belief,to be substantially complete.Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.The date of Substantial Completion of the Project or portion designated below is the date established by this Certificate. (ldenrefy the Work,or portion thereof,that is substantially complete) Substantial Completion Date: November 02,2020 (original contract)-See punchlist. Substantial Completion Date: August 01,2021 (added scope-Sky-walk Leak Issues/Fixes) Nathan Compton, Dated Executed: I&S Group,Inc. ISG) {"` A!'chitect/Project lvlana_ eg i September 09,2021 ARCHITECT(Firm Name) SIGNATURE PRINTED NAME AND TITLE DATE OF SUBSTANTIAL COMPLETION WARRANTIES The date of Substantial Completion of the Project or portion designated above is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below, (Idents warranties that do not commence on the date of Substantial Completion,if any,and indicate their date of conrn,encenrent.) WORK TO BE COMPLETED OR CORRECTED A list of items to be completed or corrected is attached hereto,or transmitted as agreed upon by the parties,and identified as follows: (Identify the list of Work to be completed or corrected.) See attached punclist: ISG The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.Unless otherwise agreed to in writing,the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment,whichever occurs first.The Contractor will complete or correct the Work on the list of items attached hereto within Thirty(30)days from the above date of Substantial Completion. Cost estimate of Work to be completed or corrected: $2,500.00(see attached punchlist) The responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work,insurance,and other iterns identified below shall be as follows: (Nate:Owner's and Contractor's legal and insurance counsel should review insurance requirements and coverage.) The Owner shall be responsible for maintenance,heat,utilities,insurance and damage caused by the Owner's personnel. The Owner and Contractor hereby accept the responsibilities assigned to them in this Certificate of Substantial Completion: AIA Document G70411—2017.Copyright© 1963,1978,1992,2000 and 2017 by The American Institute of Architects.All rights reserved,The"American Institute of Architects,'"AIA,' the AIA Logo,"G704,"and`AiA Contract Documents"are registered trademarks and may not be used without permission.This � document was produced by AIA software at 12:54:19 ET on 09110/2021 under Order No.9281462824 which expires on 0711212G22,is not for resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyrightoaia.org. User Notes: (3139ADA52) Page 30 of 418 WoodruffConstruotion, s — Will McAllister,Project LLC _Manager _....,-- CONTRACTOR(Firm SIGNATURE PRINTED NAME AND TITLE DATE Name) City of Waterloo Quentin Hart,_Mavor OWNER(FirmNanme) SIGNATURE PRINTED NAME AND TITLE DATE AIA Document G70491—2017.Copyright® 1963,1978,1992,2000 and 2037 by The American Institute of Architects.Ail rights reserved_The"American Institute of Architects,""AIA,"the AIA Logo,"G704,'and"AIA Contract Documents"are registered trademarks and may not hn used without permission.This 2 document was produced by AIA software at 12:54;19 ET on 09/10/2021 under Order No.9281462824 which expires on 0711212022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsa Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3D9ADA52) Page 31 of 418 Final Punch List Project Name: Five Sullivan Convention Center Skywalk Improvements-City of Waterloo,Iowa Meeting Date: November 2,2020 Comm No.: 1 IMPORTANT NOTE:The following list of deficiencies shall be signed and returned to our office within 7 days of the above date. All items should be marked corrected unless it is impossible to do so. If this is the case,we request some explanation for each item that cannot be corrected at this time. Until this final list is corrected,no consideration will be given to approving the release of final retainage. Please check the Yes column for the corrected items and the No column for the items not corrected. OCOMPLETED J_OR AREA DESCRIPTION ■ ■• DATE 1 Ceiling Patch ceiling adjacent to Door 202E 2 Door 2026 Screw holes in continuous hinge 3 Door 2026 Color of continuous hinge 4 Door 202B Wall base at adjacent wall 5 Door 2028 Clean up dust 6 Door 202B Clean paint off of adjacent existing handrails 7 Door 202A Affix wall base 8 Door 202A Doors stuck open 9 Door 202A Color of continuous hinge 10 Door 201A Remove old door stops on walls and patch gypsum 11 Door 201A Adjust closer,door doesn't fully close 12 Door 201A Clean paint off of existing steel 13 Door 201A Install wall base 14 All Doors Install permanent pulls 15 Roof Install roof drain strainers Architecture+Engineering+Environmental+Planning ISGlnexam Page 32 of 418 FINAL PUNCH LIST Project Name: rive Sullivan Convent€on Center Skywalis Improvements-City of Waterloo.#uwa Meeting bate: Noven•,bw 2,2020 Comity No.: 1. 16 Roof Ponding water by Five Sullivan Brothers-Check i i Arrli'rter.4ure+�nginrenng�Ervirumaienti�€r Pla,timn� �a�r 2ot, j 1 1 1 Page 33 of 418 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for Lodge Construction, Inc., for a net decrease of$4,973.92, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/3/2021 ATTACHMENTS: Description Type ❑ Final Quantity Summary Backup Material Motion approving Final Quantity Summary for Lodge Construction, Inc., SUBJECT: for a net decrease of$4,973.92, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Dennis Gentz, PE,Assistant City Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. Page 34 of 418 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY PROJECT: F.Y. 2020 COURTLAND ST., JEFFERSON ST. AND MULBERRY STREET RECONSTRUCTION PROGRAM CONTRACT N0. 1015 Date Prepared: December 3, 2021 AMOUNT:_$4,973.92 DECREASE TO: LODGE CONSTRUCTION, INC. , Contractor You are hereby ordered to perform the following extra work on your contract dated April 6, 2020. A. Description of extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering extra work: As-built quantities varied for some bid items C. Settlement for cost of extra work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL DECREASE $4,973.92 BY: LODGE CONSTRUCTION, INC. Mayor Date CONTRACTOR BY: Date l�"T ATTEST: / TITLE: f7r��c.- � City Clerk Date Xity OVED: �- �a nginer Da e FINAL QTY. SUMMARY Cont #1015 Sheet 1 of 1 Page 35 of 418 FY 2020 COURTLAND ST.,JEFFERSON ST.AND MULBERRY ST.RECONSTRUCTION PROGRAM CONTRACT NO.1015 FINAL QUANTITY SUMMARY DIVISION I-STREET RECONSTRUCTION BID ITEM DESCRIPTION LODGE PLAN FINAL INCR/DECR INCR/DECR UNIT UNIT$ QTY QTY QTY COST DIVISION 2 - EARTHWORK 1 TOPSOIL,4 INCHES, ON OR OFF SITE SY $6.00 1,515.00 880.00 (635.00) ($3,810.00) 2 EXCAVATION,CLASS 10 CY $9.00 5,970.00 6,104.20 134.20 $1,207.80 3 SUBGRADE TREATMENT,WOVEN GEOTEXTILE SY $3.00 2,000.00 369.40 (1,630.60) ($4,891.80) 4 SUBBASE,MODIFIED TON $22.00 7,920.00 6,760.22 (1,159.78) ($25,515.16) 5 CLASS 10,SPECIAL SUBGRADE MATERIAL CY $30.00 250.00 0.00 (250.00) ($7,500.00) SUBTOTAL BASE BID EARTHWORK ($40,509.16) DIVISION 4 - SEWERS AND DRAINS - SANITARY 6 SANITARY SEWER GRAVITY MAIN,TRENCHED,PVC,30 INCH LF $406.00 360.00 357.00 (3.00) ($1,218.00) 7 SANITARY SEWER GRAVITY MAIN,TRENCHED,PVC,18 INCH LF $259.00 49.00 39.00 (10.00) ($2,590.00) 8 SANITARY SEWER GRAVITY MAIN,TRENCHED,TRUSS,12 INCH LF $204.00 628.00 538.00 (90.00) ($18,360.00) 9 SANITARY SEWER GRAVITY MAIN,TRENCHED,TRUSS,10 INCH LF $125.00 1,043.00 1,040.00 (3.00) ($375.00) 10 SANITARY SEWER GRAVITY MAIN,TRENCHED,TRUSS,8 INCH LF $100.00 34.00 178.00 144.00 $14,400.00 11 SANITARY SEWER SERVICE STUB/RENEW,SDR 23.5,6 INCH LF $87.00 1,513.00 1,245.50 (267.50) ($23,272.50) 12 SANITARY SEWER ABANDONMENT,FILL AND PLUG,30 INCH LF $50.00 361.00 361.00 0.00 $0.00 13 SANITARY SEWER ABANDONMENT,FILL AND PLUG,12 INCH LF $30.00 183.00 200.10 17.10 $513.00 14 SANITARY SEWER SERVICE,TRACE EACH $950.00 8.00 5.00 (3.00) ($2,850.00) 15 SANITARY SEWER SERVICE,DYE TEST INVESTIGATION EACH $525.00 13.00 10.00 (3.00) ($1,575.00) 16A SANITARY SEWER SERVICE,UNDERGROUND INVESTIGATION EACH $1,325.00 2.00 1.00 (1.00) ($1,325.00) 6001 PAVEMENT REMOVAL,SEAL COAT SY $6.00 564.00 535.00 (29.00) ($174.00) 6002 RECYCLED ASPHALT PAVING,6 INCHES SY $12.00 564.00 507.60 (56.40) ($676.80) 10002 ADDITIONAL STAKING-MOBILE LS $539.00 1.00 1.00 0.00 $0.00 DIVISION 6 - STRUCTURES FOR SANITARY SEWERS 16B MANHOLE,SW-301,72" EACH $13,125.00 1.00 1.00 0.00 $0.00 17 MANHOLE,SW-301,60" EACH $10,250.00 2.00 2.00 0.00 $0.00 18 MANHOLE,SW-301,48" EACH $5,700.00 1.00 1.00 0.00 $0.00 3001 LINCOLNSHIRE MANHOLE,SW-301,48" EACH $4,950.00 1.00 1.00 0.00 $0.00 19 REMOVE MANHOLE,SANITARY EACH $650.00 2.00 3.00 1.00 $650.00 20 REMOVE MANHOLE,TOP SECTIONS AND FILL BASE SECTION EACH $2,000.00 2.00 2.00 0.00 $0.00 SUBTOTAL BASE BID SANITARY SEWER ($36,853.30) DIVISION 4 - SEWERS AND DRAINS - STORM 21 STORM SEWER,TRENCHED,RCP 2000D,27 INCH LF $130.00 73.00 64.00 (9.00) ($1,170.00) 4001 STORM SEWER,TRENCHED,RCP 2000D,24 INCH LF $62.00 119.00 104.00 (15.00) ($930.00) 22 STORM SEWER,TRENCHED,RCP 2000D,18 INCH LF $60.00 381.00 525.00 144.00 $8,640.00 23 STORM SEWER,TRENCHED,RCP 2000D,15 INCH LF $55.00 1,046.00 1,035.50 (10.50) ($577.50) 24 STORM SEWER,TRENCHED,RCP 2000D,12 INCH LF $51.00 335.00 335.00 0.00 $0.00 25 REMOVAL OF STORM SEWER,RCP,LESS THAN OR EQUAL TO 36 INCH LF $12.00 733.00 1,178.80 445.80 $5,349.60 26 SUBDRAIN,TYPE SP,6 INCH LF $10.00 5,344.00 5,322.00 (22.00) ($220.00) 27 SUBDRAIN,TYPE SP,4 INCH LF $10.00 20.00 70.00 50.00 $500.00 28 SUBDRAIN OUTLETS AND CONNECTIONS,CMP,6 INCH EACH $150.00 35.00 33.00 (2.00) ($300.00) 29 STORM SEWER SERVICE STUB,TYPE S,4 INCH LF $15.00 286.00 205.00 (81.00) ($1,215.00) DIVISION 6 - STRUCTURES FOR STORM SEWERS 30 MANHOLE,SW-401,48" EACH $5,000.00 2.00 2.00 0.00 $0.00 31 MANHOLE,SW-406,SHALLOW RECTANGULAR EACH $7,000.00 1.00 1.00 0.00 $0.00 32 MANHOLE,TYPE C,10 FT X 4 FT EACH $10,000.00 2.00 0.00 (2.00) ($20,000.00) 33A INTAKE,SW-501,SINGLE GRATE(FIRST 2) EACH $5,500.00 2.00 2.00 0.00 $0.00 33B INTAKE,SW-501,SINGLE GRATE(REST OF 16 EST QTY) EACH $5,000.00 0.00 14.00 14.00 $70,000.00 34 INTAKE,SW-504,SINGLE GRATE W/FLUSH TOP MANHOLE EACH $7,500.00 1.00 1.00 0.00 $0.00 35 CONNECTION TO EXISTING STRUCTURE,PIPE EACH $2,000.00 2.00 3.00 1.00 $2,000.00 36 CONNECTION TO EXISTING INTAKE,DRAIN TILE EACH $750.00 16.00 8.00 (8.00) ($6,000.00) 37A REMOVE MANHOLE OR INTAKE,STORM(FIRST 1) EACH $1,000.00 1.00 1.00 0.00 $0.00 37B REMOVE MANHOLE OR INTAKE,STORM(REST OF 25 EST QTY) EACH $600.00 0.00 20.00 20.00 $12,000.00 38 INTAKE,SW-507,REMOVE AND REPLACE SPECIAL SHAPING AND TOP EACH $3,500.00 1.00 0.00 (1.00) ($3,500.00) 39 INTAKE,SW-501,REMOVE AND REPLACE BOXOUT EACH $1,600.00 7.00 2.00 (5.00) ($8,000.00) 40 INTAKE,SW-505,REMOVE AND REPLACE BOXOUT EACH $2,100.00 25.00 2.00 (23.00) ($48,300.00) 41 FURNISH AND INSTALL SW-602 TYPE G CASTING EACH $2,000.00 2.00 1.00 (1.00) ($2,000.00) 42 FURNISH AND INSTALL SW-603 TYPE R CASTING EACH $2,000.00 3.00 5.00 2.00 $4,000.00 5001 CONSTRUCT WEIR WALL IN STORM MANHOLE EACH $1,000.00 1.00 1.00 0.00 $0.00 7001 MAJOR MANHOLE ADJUSTMENT,MULBERRY ST./JEFFERSON ST. EACH $3,185.62 2.00 2.000.00 $0.00 SUBTOTAL BASE BID STORM SEWER $10,277.10 L:\CONT 1015-F.Y.2020 Courtland St,Jefferson St and Mulberry Street\Pay EstinlaDfs41015 FINAL QTY SUMMARY 12/fte1513`i 418 FY 2020 COURTLAND ST.,JEFFERSON ST.AND MULBERRY ST.RECONSTRUCTION PROGRAM CONTRACT NO.1015 FINAL QUANTITY SUMMARY DIVISION I-STREET RECONSTRUCTION BID ITEM DESCRIPTION LODGE PLAN FINAL INCR/DECR INCR/DECR UNIT UNIT$ QTY QTY QTY COST DIVISION 5 - WATER MAINS AND APPURTENANCES 43 WATER SERVICE PIPE,COPPER,3/4 INCH LF $50.00 201.00 176.00 (25.00) ($1,250.00) 44 WATER SERVICE CORPORATION,3/4 INCH EACH $250.00 10.00 7.00 (3.00) ($750.00) 45 WATER SERVICE CURB STOP,3/4 INCH EACH $250.00 10.00 5.00 (5.00) ($1,250.00) 46 WATER SERVICE CURB BOX,3/4 INCH EACH $250.00 10.00 4.00 (6.00) ($1,500.00) 47 WATER SERVICE PIPE,COPPER,1.5 INCH LF $70.00 20.00 20.00 0.00 $0.00 48 WATER SERVICE CURB STOP,1.5 INCH EACH $300.00 1.00 1.00 0.00 $0.00 49 WATER SERVICE MASTER CURB BOX,1.5 INCH EACH $300.00 1.00 1.00 0.00 $0.00 50 TAPPING SLEEVE AND CORPORATION FOR 1.5 INCH SERVICE EACH $300.00 1.00 1.00 0.00 $0.00 51 CONVERT WATER VALVE MANHOLE TO ROADBOX EACH $1,000.00 3.00 2.00 (1.00) ($1,000.00) 52 WATER SERVICE KILL EACH $600.00 17.00 25.00 8.00 $4,800.00 53 WATER SERVICE KILL,FIRE LINE, 4INCH EACH $1,200.00 1.00 1.00 0.00 $0.00 54 LOWER WATER SERVICE,3/4"OR 1" EACH $1,575.00 6.00 0.00 (6.00) ($9,450.00) 55 WATER SERVICE,UNDERGROUND INVESTIGATION EACH $500.00 4.00 8.00 4.00 $2,000.00 11001 REPAIR WATER SERVICE-313 MOBILE ST. LS $1,928.00 1.00 1.00 0.00 $0.00 12001 REPAIR WATER SERVICE-532 COURTLAND ST. LS $2,965.00 1.00 1.00 0.00 $0.00 12002 RENEW WATER SERVICE-313 MOBILE ST. LS $3,163.60 1.00 1.00 0.00 $0.00 SUBTOTAL BASE BID WATER APPURTENANCES ($8,400.00) DIVISION 7 - STREETS AND RELATED WORK PCC PAVEMENT 56 REMOVE AND REPLACE 3"HMA/7"PCC,C-4 SY $147.00 15.00 18.00 3.00 $441.00 57 REMOVE AND REPLACE 4.5"HMA/7"PCC,C-4 SY $148.00 90.00 76.20 (13.80) ($2,042.40) 58 PAVEMENT,PCC,7 INCH,C-SUD SY $34.00 3,420.00 3,962.74 542.74 $18,453.16 1001 PAVEMENT,PCC,1 INCH,C-SUD-COURTLAND SY $2.95 3,420.00 3,962.74 542.74 $1,601.08 2001 PAVEMENT,PCC,7 INCH,C-SUD-LINCOLNSHIRE SY $42.90 275.50 275.50 0.00 $0.00 59 PAVEMENT,PCC,9 INCH,C-SUD SY $49.00 8,781.00 9,093.20 312.20 $15,297.80 60 CURB AND GUTTER,24 IN WIDE, 6 IN THICK,C-4,MISCELLANEOUS LF $47.00 30.00 10.20 (19.80) ($930.60) 61 CURB AND GUTTER,24 IN WIDE, 10 IN THICK,C-4,MISCELLANEOUS LF $52.00 27.00 63.20 36.20 $1,882.40 62 PCC PAVEMENT SAMPLES AND TESTING LS $10,000.00 1.00 1.00 0.00 $0.00 63 COLD WEATHER CONCRETE PROTECTION SY $5.00 693.50 3,897.20 3,203.70 $16,018.50 64 LINSEED OIL TREATMENT SY $1.50 693.50 6,459.00 5,765.50 $8,648.25 14001 MISCELLANEOUS PCC PATCH,7 INCH SY $80.00 78.90 78.90 0.00 $0.00 HMA PAVEMENT 65 MISCELLANEOUS HMA,7.5 INCH SY $100.00 62.00 116.42 54.42 $5,442.00 SIDEWALKS, SHARED USE PATHS AND DRIVEWAYS 66 REMOVAL OF SIDEWALK AND DRIVEWAY SY $6.00 1,151.00 1,291.00 140.00 $840.00 67 REMOVAL OF SIDEWALK,MISCELLANEOUS SY $6.00 490.00 379.80 (110.20) ($661.20) 68 SIDEWALK,PCC C-4,4 INCH,C-4 SY $42.00 449.30 693.90 244.60 $10,273.20 69 SIDEWALK,PCC C-4,6 INCH PEDESTIAN RAMP,C-4 SY $52.00 201.00 234.80 33.80 $1,757.60 70 SIDEWALK,PCC C-4,CLASS A THICKENED EDGE LF $21.00 492.00 609.00 117.00 $2,457.00 71 BRICK/PAVER SIDEWALK WITH BASE,AS PER DETAIL,TYPE 1 PAVER SY $275.00 6.50 6.50 0.00 $0.00 72 BRICK/PAVER SIDEWALK WITH BASE,AS PER DETAIL,TYPE 2 PAVER SY $275.00 24.60 24.60 0.00 $0.00 73 REMOVAL OF BRICK/PAVER,SALVAGE AND REPLACE,AS PER DETAIL SY $120.00 72.80 108.80 36.00 $4,320.00 74 DETECTABLE WARNING SF $42.00 284.00 318.00 34.00 $1,428.00 75 DETECTABLE WARNING,UNILOCK A.D.A.PAVERS,TYPE 4 PAVER SF $30.00 36.00 0.00 (36.00) ($1,080.00) 76 DRIVEWAY AND SIDEWALK,PAVED,PCC,6 INCH,C-4 SY $48.00 413.00 419.80 6.80 $326.40 77 DRIVEWAY AND SIDEWALK,PAVED,PCC,5 INCH,C-4 SY $50.00 209.50 227.40 17.90 $895.00 78 DRIVEWAY,GRANULAR TON $55.00 5.00 0.00 (5.00) ($275.00) PAVEMENT REHABILITATION 79 PAVEMENT REMOVAL,CONCRETE SY $6.00 12,499.00 13,282.60 783.60 $4,701.60 SUBTOTAL STREETS AND RELATED WORK $89,793.79 DIVISION 8 - PAVEMENT MARKINGS AND TRAFFIC CONTROL PAVEMENT MARKINGS 80 PAINTED PAVEMENT MARKINGS,SOLVENT/WATERBOURNE STA $42.00 35.56 34.89 (0.67) ($28.14) 81 PAINTED SYMBOLS AND LEGENDS EACH $40.00 16.00 24.00 8.00 $320.00 82 PAINTED PAVEMENT MARKINGS,REMOVED STA $175.00 9.34 7.20 (2.14) ($374.50) 83 SYMBOLS AND LEGENDS REMOVED EACH $100.00 16.00 16.00 0.00 $0.00 TEMPORARY TRAFFIC CONTROL 84 TEMPORARY TRAFFIC CONTROL LS $8,000.00 1.00 1.00 0.00 $0.00 SUBTOTAL PAVEMENT MARKINGS AND TRAFFIC CONTROL ($82.64) L:\CONT 1015-F.Y.2020 Courtland St,Jefferson St and Mulberry Street\Pay Estin2affs41015 FINAL QTY SUMMARY 12/fte154?`2i 418 FY 2020 COURTLAND ST.,JEFFERSON ST.AND MULBERRY ST.RECONSTRUCTION PROGRAM CONTRACT NO.1015 FINAL QUANTITY SUMMARY DIVISION I-STREET RECONSTRUCTION BID ITEM DESCRIPTION LODGE PLAN FINAL INCR/DECR INCR/DECR UNIT UNIT$ QTY QTY QTY COST DIVISION 9 - SITE WORK AND LANDSCAPING SEEDING 85 HYDRAULIC SEEDING,SEEDING,FERTILIZING AND MULCHING SY $1.90 3,945.00 4,083.20 138.20 $262.58 86 WARRANTY SY $1.90 1,183.50 0.00 (1,183.50) ($2,248.65) EROSION AND SEDIMENT CONTROL 87 TEMPORARY RECP,WOOD EXCELSIOR MAT SY $5.00 450.00 0.00 (450.00) ($2,250.00) 88 WATTLE,STRAW,6 INCH LF $5.00 300.00 50.00 (250.00) ($1,250.00) 89 WATTLE,REMOVAL LF $2.00 300.00 50.00 (250.00) ($500.00) 90 EROSION CONTROL MULCHING,HYDROMULCHING SY $1.50 2,324.00 0.00 (2,324.00) ($3,486.00) 91 INLET PROTECTION DEVICE,INTERMEDIATE AND DROP IN EACH $200.00 23.00 13.00 (10.00) ($2,000.00) 92 INLET PROTECTION DEVICE,MAINTENANCE EACH $50.00 23.00 0.00 (23.00) ($1,150.00) SUBTOTAL SITE WORK AND LANDSCAPING ($12,622.07) DIVISION 11 - MISCELLANEOUS CONSTRUCTION SURVEY 93 CONSTRUCTION SURVEY LS $25,000.00 1.00 1.00 0.00 $0.00 94 CONCRETE WASHOUT LS $5,000.00 1.00 1.00 0.00 $0.00 95 SAW CUT LF $7.00 799.00 1,215.70 416.70 $2,916.90 96 REMOVE,SALVAGE AND REINSTALL BIKE RACKS LS $1,000.00 1.00 1.00 0.00 $0.00 8001 PEDESTRIAN SIGNAL BASE-JEFFERSON ST. LS $750.00 1.00 1.00 0.00 $0.00 15001 REMOVE AND REPLACE HAND HOLE LS $2,000.00 1.00 1.00 0.00 $0.00 SUBTOTAL MISCELLANEOUS $2,916.90 DIVISION I-TOTAL BASE BID DIVISION II-JEFFERSON STREET SCAPE LODGE PLAN FINAL INCR-DECR INCR-DECR Item No. Item Unit UNIT$ QTY QTY QTY COST 1 EXCAVATION,CLASS 10,WASTE CY $15.00 120.00 120.00 0.00 $0.00 2 SUBBASE,MODIFIED CY $45.00 70.00 70.00 0.00 $0.00 3 FIRE HYDRANT ADJUSTMENT EACH $2,500.00 2.00 0.00 (2.00) ($5,000.00) 4 RAISED CURB LF $50.00 15.00 0.00 (15.00) ($750.00) 5 REMOVAL OF SIDEWALK SY $6.00 246.00 276.40 30.40 $182.40 6 SIDEWALK,PCC,6 IN. SY $49.00 246.00 233.20 (12.80) ($627.20) 7 SIDEWALK,COLORED PCC,6 IN. SY $84.00 365.00 351.20 (13.80) ($1,159.20) 8 BRICK SIDEWALK WITH CONCRETE BASE SY $200.00 180.00 161.70 (18.30) ($3,660.00) 9 REMOVE AND REPLACE BRICK PAVERS SY $175.00 10.00 0.00 (10.00) ($1,750.00) 10 DETECTABLE WARNINGS,CAST IRON SF $50.00 85.00 94.00 9.00 $450.00 11 FULL DEPTH PATCH SY $210.00 0.00 0.00 0.00 $0.00 12 LIGHTING POLES,TYPE 1 EACH $4,300.00 8.00 8.00 0.00 $0.00 13 LIGHTING POLES,TYPE 2 EACH $4,300.00 11.00 11.00 0.00 $0.00 14 ELECTRICAL CIRCUITS LF $13.00 1,400.00 1,273.00 (127.00) ($1,651.00) 15 HANDHOLES AND JUNCTION BOXES EACH $1,260.00 3.00 3.00 0.00 $0.00 16 CONTROL CABINET EACH $7,350.00 1.00 1.00 0.00 $0.00 17 PCC EDGE RESTRAINT,12 IN.WIDE X 9 IN.HIGH LF $32.00 160.00 156.50 (3.50) ($112.00) 18 PLANTS WITH WARRANTY,TYPE 1,SKYLINE HONEYLOCUST EACH $585.00 3.00 4.00 1.00 $585.00 19 PLANTS WITH WARRANTY,TYPE 1,COMMON HACKBERRY EACH $590.00 3.00 3.00 0.00 $0.00 20 PLANTS WITH WARRANTY,TYPE 2,PRINCETON SENTRY GINKGO EACH $1,785.00 11.00 11.00 0.00 $0.00 9001 REMOVE AND REPLACE HMA,6 INCHES SY $71.00 186.00 186.00 0.00 $0.00 9002 SAW CUT LF $7.00 312.00 303.40 (8.60) ($60.20) 10001 SAW CUT CURBS FOR RAMPS LS $864.60 1.00 1.00 0.00 $0.00 13001 REMOVE AND REPLACE SIDEWALK,4 INCH PCC SY $73.00 22.00 43.92 21.92 $1,600.16 13002 REMOVE AND REPLACE LIGHT POLE,CONDUIT,ETC. LS $4,950.00 1.00 1.00 0.00 $0.00 13003 EXCAVATE AND REPLACE CONTAMINATED SOIL CY $95.00 21.00 46.90 25.90 $2,460.50 DIVISION II-JEFFERSON STREET SCAPE TOTAL ($9,491.54) DIVISON III-JEFFERSON STREET SCAPE SOUTH SIDE BID ITEM DESCRIPTION ENGINEER JEFFERSON UNIT UNIT$ QTY 1 REMOVE EXISTING TREES AND PIT MATERIAL EACH $500.00 20.00 20.00 0.00 $0.00 2 PLANTS WITH WARRANTY,TYPE 2, THORNLESS HONEY LOCUST,SHADE EACH $1,750.00 20.00 20.00 0.00 $0.00 DIVISION III-JEFFERSON STREET SCAPE SOUTH SIDE TOTAL $0.00 TOTAL QUANTITY ADJUSTMENT 1 ($4,970.92) L:\CONT 1015-F.Y.2020 Courtland St,Jefferson St and Mulberry Street\Pay Estin3affs41015 FINAL QTY SUMMARY 12/Moe1518`2i 418 FY 2020 COURTLAND ST.,JEFFERSON ST.AND MULBERRY ST.RECONSTRUCTION PROGRAM CONTRACT NO.1015 FINAL QUANTITY SUMMARY DIVISION I-STREET RECONSTRUCTION BID ITEM DESCRIPTION LODGE PLAN FINAL INCR/DECR INCR/DECR UNIT UNIT$ QTY QTY QTY COST ORIGINAL CONTRACT AMOUNT $2,399,218.02 CHANGE ORDER NO.1 $10,089.00 CHANGE ORDER NO.2 $11,818.95 CHANGE ORDER NO.3 $4,950.00 CHANGE ORDER NO.4 $7,378.00 CHANGE ORDER NO.5 $1,000.00 CHANGE ORDER NO.6 $10,152.00 CHANGE ORDER NO.7 $6,371.24 CHANGE ORDER NO.8 $750.00 CHANGE ORDER NO.9 $4,134.00 CHANGE ORDER NO.10 $1,403.60 CHANGE ORDER NO.11 $1,928.00 CHANGE ORDER NO.12 $6,128.60 CHANGE ORDER NO.13 $8,551.00 CHANGE ORDER NO.14 $6,312.00 CHANGE ORDER NO.15 $2,000.00 FINAL QUANTITY SUMMARY ($4,970.92) FINAL CONTRACT AMOUNT $2,477,213.49 PAY ESTIMATES 1-22 $2,353,352.22 RETAINAGE $123,861.27 TOTAL PAID CONTRACTOR $2,477,213.49 L:\CONT 1015-F.Y.2020 Courtland St,Jefferson St and Mulberry Street\Pay Estin4affs41015 FINAL QTY SUMMARY 12/fte159`2i 418 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Lodge Construction of Clarksville, Iowa, in the amount of$2,477,213.49, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and receive and file a two-year maintenance bond. City Council Meeting: 12/20/2021 Prepared: 12/3/2021 ATTACHMENTS: Description Type ❑ Maintenance Bond Backup Material Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Lodge Construction of SUBJECT: Clarksville, Iowa, in the amount of$2,477,213.49, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and receive and file a two-year maintenance bond. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Aspro, Inc. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Implementation,Accountability, and Communication: Page 40 of 418 1v AINTENAKCE BOND 136nd No. 2303412 KNOW ALL MEN BY TRESS PRESENTS! That, Lodge Construction,Inc. of Clarksville, Iowa as principal,and the North American Specialty Insurance Company' as Surety, are held and firmly bound unto City of Waterloo, Iowa in the penal sum of Two Million l=our Hundred Seventy-seven Thousand Two Hundred t'$ $2,477,213.49 ) Thirteen And 491100 Dollars, lawful money of the United States of Amarica,for the pAyrnent of which,well and truly to be made. the Principal and Surety bind themselves,their and each of their heirs,executors, administrators,successors and assign,jointly and sevorallr,firmly by these presents. Whereas,the said Principal entered into A certain conlract.with City of Waterloo,Iowa To furnish all the material and kabur necessary for the constrtwtiun of F.Y.2020 Courtland St.,Jefferson St.and Mulberry St. Reconstruction Program,Waterloo, IA- Contract No. 1015 in Waterloo, Iowa In conformity with certain specifications;and Whereas,a farther condition of said eontract is that the said Principal,should furnish a bond in indemnity,guaranteeing to rernedy any defects in workmanship or materials that may develop in &Rick work within a period of Two(2) years from the date Of aceepTattca of the wcark under said contract;and Whereas,the said North American Specialty Insurance Company fora valuable consideration, has Agrwd rn_join with said Principal its such bond or guarantee,indemnif�ing said City of Waterloo, Iowa Now, therefore,the condition of this obligation is such,that if the Said!Principal shalt,at his own cost and expense,rt:mWy any and all defects that may develop in said work within the period 4t Two(2) 1 years frorn the date of accepianca~of tho work under said contract,by reason of bad workmanship or poor material used in the construction of said work,and shall keep all work in continuous good repair during said period,and shall in all other respects,comply with all the terms and conditions of said contract with respect to maintenance and repair of said work,then this obligation to be mull and void,, otherwise to be and remain In full force and virtue in law. In Wimoss whereof, we have hcrcunto set our hands and seals this 9th day of December 2021 Lodge Construction,Inc. rips Dy: North American Specialty Insurance Company Surety By, -- - Stacie Christensen Attorney-in-Fact Page 41 of 418 is 11,:1111101101011119�=111 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Kansas City,Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City,Missouri and Westport Insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,each does hereby make constitute and appoint; JAY D.FREIERMUTH,CRAIG E.HANSEN,BRIAN M.DEIMERLY,CINDY BENNETT,ANNE CROWNER, TIM MCCULLOH,STACY VENN,DIONE R.YOUNG,WENDY A.LEWIS,STACIE CHRISTENSEN and SETH ROOKER JOINTLY OR SEVERALLY Its true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWEN'T'Y FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on Manch 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of thein hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of there hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." 1,,,l,ttl INNrr,„ \1\u1111111111111a!!1!!/�! itttlff . 'tctittry, By •��, `V �,'t �= y C, � tl Steven P.Anderson,Senior Vice President of nVushinglon Internet€ona€Insurance Company �� 5 Z' &Serdor Vice Pres€denf N t oorth Amer€can Spec€arty Insrrrance Company 4 %�+'ce Alfl� _ • O: &Sen€or Vice President of Westporl Insurance Corpuratian r.,. ��77E�//"••ii,,.. 1873 �� '' �� Er€k Janssens,Senior Vice President of Waslungtun Internal longi Insurance Company By Wit &Senior Vice President orNorth American Specialty Insurance Company &Senior Vic:President of Westport Insurance Corporation IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 24th day of NOVEMBER 20 21 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 24th day of NOVEMBER 20 21,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Erik Janssens Senior Vice President of Washington International Insrrrance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. YASMINOF FICIAL PATLONotary IllinoisMyCoplros Yasmin A.Patel,Notary 1,Jeffrey Goldberg,the duly elected Senior Vice President and Assistant Secre#ai of North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 8th day of December , 2021 Jeffrey Gu€dberg.Seniur V icc President&Assistant Secretary or Washington Inlemalional Insurance Company& North American Specia;ly Insurance Company&Vice President&Assistant Srcrotn f West v Trane C nn CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for Tricon Construction Group, for a net decrease of$170,662.50, in conjunction with the FY 2020 Virden Creek Levee Improvements Project, Contract No. 947, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 1/14/2021 Motion approvingFinal .Quantity Summary for Tricon Construction Group. SUBJECT: for a net decrease of$170.662.50, in conjunction with the FY 2020 Virden Creek Levee Improvements Project, Contract No. 947, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Wayne Castle, PE, PLS,Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. Page 43 of 418 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Tricon Construction Group, of Dubuque, Iowa, in the amount of$3,725,240.41, in conjunction with the FY 2020 Virden Creek Levee Improvements, Contract No. 947, and receive and file a two-year maintenance bond. City Council Meeting: 12/20/2021 Prepared: 11/10/2021 ATTACHMENTS: Description Type ❑ Maintenance Bond Backup Material Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Tricon Construction Group. of SUBJECT: Dubuque, Iowa, in the amount of$3,725,240.41, in conjunction with the FY 2020 Virden Creek Levee Improvements, Contract No. 947, and receive and file a two-year maintenance bond. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Tricon Construction Group has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Implementation,Accountability, Local Option Sales Tax and Communication: Page 44 of 418 Bond No: 9292438 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS,that we Tricon General Construction,Inc. hereinafter called Principal,as Principal,and Fidelity and Deposit Company of Maryland a corporation of the State of Schaumburg Illinois U.S A. ,hereinafter called Surety,as Surety,' are held and firmly bound unto City of Waterloo,Iowa hereinafter called Obligee in the sum of Three Million Seven Hundred Twenty Five Thousand Two Hundred Forty and 41/100- DOLLARS,lawful money of the United States of America,to be paid to the said Obligee,or its successors or assigns,to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. SIGNED,sealed and dated this 20th day of December 2021 WHEREAS,the Principal entered into a contract with the said Obligee,dated , for F.Y.2020 Virden Creek Levee Improvements and, WHEREAS,the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS,said contract was completed and accepted on the 20th day of December 2021 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall remedy,without cost to the Obligee,any defects which may develop during a period of one year from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship,then this obligation shall be void:otherwise it shall be and remain in full force and effect. ATTEST: Tricon General Cons By: Ci Ronda L Richard Fideli eposit mpany of Maryland Owner hi!J m- By: s . 1 co,". Todd Schaap ,A ra -Fa `�' •Y` CON80010ZZ0601f G o, 10: { s ____ _ Page 45 of 418 CONSENT OF SURETY OWNER _ TO FINAL PAYMENT ARCHITECT _ AIA DOCUMENT G707 CONTRACTOR _ SURETY _ (Instructions on reverse side) OTHER Bond No. 9292438 TO(OWNER) (Name and address) ARCHITECT'S PROJECT NO: 947 City of Waterloo Contract Date: 12/30/2019 715 Mulberry Street Waterloo, IA 50703 PROJECT: (Name and address)F.Y.2020 Virden Creek Levee Improvements CONTRACT AMOUNT: $3,725,240.41 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety) Fidelity and Deposit Company of Maryland 1299 Zurich Way,5th Floor Schaumburg, IL 60196 SURETY, on bond of (here insert name and address of Contractor) Tricon General Construction, Inc. 1230 East 12th Street CONTRACTOR, Dubuque, IA 52001 hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Waterloo 715 Mulberry Street OWNER, Waterloo, IA 50703 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF,the Surety Company has hereunto set its hand this 20th day of December 2021 (Insert in writing the month following by the numeric date and year) Fidelity and osit Company of Maryland Surety mp:21Z_1 Attest: It� f /t S I I # — I (�(�f I Signature of Authorized Representative 1�) E Title ` Todd Schaap Attorney-in-Fact y� Q AIA DOCUMENT G707 CONSENT OF SURETY COMPANY TO FINAL PAYMENT 1994 EDITION AIA® One Page © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,NW Page 46 of 418 INSTRUCTION SHEET FOR AIA DOCUMENT G707, CONSENT OF SURETY TO FINAL PAYMENT A. GENERAL INFORMATION 1. Purpose This document is intended for use as a companion to AIA Document G706, Contractor's Affidavit of Payment to Debts and Claims,on construction projects where the Contractor is required to furnish a bond by obtaining the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve the Surety of any of its obligations,the Owner may preserve its rights under the bond. 2. Related Documents This document may be used with most of the AIA's Owner-Contractor agreements and general conditions, such as A201 and its related family of documents. As noted above,this is a companion document to AIA Document G706. 3. Use of Current Documents Prior to using any AIA document,the user should consult the AIA, an AIA component chapter or a current AIA Documents List to determine the current edition of each document. 4. Limited License for Reproduction AIA Document G707 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA. The G707 document is intended to be used as a consumable-that is,the original document purchased by the user is intended to be consumed in the course of being used. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce G707. A cautionary notice is printed in red on the original of this document. This notice distinguishes an original AIA document from copies or counterfeits. To ensure accuracy and uniformity of language, purchasers should use only an original AIA document or one that has been reproduced from an original under a special limited license from the AIA. A limited license is hereby granted to retail purchasers to reproduce a maximum of ten copies of a completed or executed G707, but only for use in connection with a particular project. Further reproductions are prohibited without the express permission of the AIA. B. CHANGES FROM THE PREVIOUS EDITION Changes in the location of various items of information were made,without revision to the substance of the document. C. COMPLETING G707 FORM GENERAL:The bond form is the usual source of required information such as the contract date and the names and addresses of the Surety, Owner, Contractor, and Project. ARCHITECT'S PROJECT NO.:This information is typically supplied by the Architect and entered on the form by the Contractor. CONTRACT FOR:This refers to the scope of the contract,such as"General Contractor"or"Mechanical Work". D. EXECUTION OF THE DOCUMENT The G707 for requires both the Surety's seal and the signature of the Surety's authorized representative. Page 47 of 418 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute,and appoint, Thomas O. CHAMBERS and Todd SCHAAP both of Franksville,Wisconsin, EACH,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 10`h day of July,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President Ay: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 10th day of July, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 41 1 Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 Page 48 of 418 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attornevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances,stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 20th day of December 2021 8Fol1I. 91�s* 0 4,u �4rp Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfcl ai ms 0 zuri ch na.com 800-626-4577 Page 49 of 418 STATE OF WISCONSIN ) COUNTY OF Kenosha ) ON THIS 20th day of December 2021 before me, a notary public,within and for said County and State,personally appeared Todd Schaap to me personally known, who being duly sworn, upon oath did say that he is the Attorney-in-Fact of and for the Fidelity and Deposit Company of Maryland a corporation of Illinois , created, organized and existing under and by virtue of the laws of the State of Illinois ; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Todd Schaap did acknowledge that he/she executed the said instrument as the free act and deed of said Company. 1 Kimb rly S. Rases Notary Public,Kenosha CQjAmtW Wj� ,consin My Commission ExpiKc�lig a G N Page 50 of 418 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as January 3, 2022, to approve the request by 3 Stooges, LLC, for a site plan amendment to the"M-2,P"Planned Industrial District, to allow for the construction of three new commercial buildings on their site on Martin Road, located north of 201 West Ridgeway Avenue, and instruct the City Clerk to publish notice. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Description Backup Material Resolution setting date of public hearing as January 3, 2022, to approve the request by 3 Stooges, LLC, for a site plan amendment to the"M-2,P" SUBJECT: Planned Industrial District, to allow for the construction of three new commercial buildings on their site on Martin Road, located north of 201 West Ridgeway Avenue, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: The applicant is requesting to construct 3 new commercial buildings just north of 201 Ridgeway Avenue. The request to construct the commercial buildings would appear to have a positive impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Martin Road, which is a Collector. There are no trails or sidewalks in the immediate project area. None are recommended for the site development. The area in question has been zoned "M-2,P"Planned Industrial District since May 3, 2004, when the land was rezoned from"U-1"Unclassified District. Surrounding land uses and their zoning designations are as follows: North— industrial and residential buildings (Cardinal Construction and one residential home), zoned "M-2,P"Planned Industrial District, and "A-1" Agricultural District. South—industrial buildings (Deno, Kwik Star fuel blending facility), zoned "M-2,P"Planned Industrial District. East—industrial buildings (Fahr Beverage and O'Neal Steel), zoned"M- 2,P"Planned Industrial District. West— industrial lots, Leonard Katoski Greenbelt, zoned "M-2,P" Planned Industrial District and "A-1" Agricultural District. The surrounding area has Page 51 of 418 been designed and developed as an industrial park. Building construction: Fahr— 1981, additions: 1998, 2002, 2007 O'Neal— 1990, addition: 1994 Denso -2004 Kwik Star—2017 Cardinal—2019 The entire property is located in the 100-year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0282F, dated July 18, 2011. The proposed building finished floor elevations are shown at 862.5, and the base flood elevation is 858-860.6 in this area. So the buildings meet floodplain development criteria. All utilities are in close proximity to the site in Martin Road. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to construct three new commercial buildings on the site. The buildings are approximately 8,200 square feet in size. The buildings would be located on the site approximately 65' back from the property line, and the buildings are built to raise the elevations of the finished floors above the flood plain 100-year limit. The northerly most building is Neighborhood Impact: 11' from the northern property line, and the southerly most building is 15' from the southerly property line—both meeting setback requirements. The buildings will have rear loading docks, with overhead doors on the back and front side of buildings. There are office areas and shop areas for each building, to keep options for uses by tenants. The construction is planned in two phases, with two buildings going up this construction season or spring, and the third building in 2022. The exterior siding of the buildings will be metal clad siding, with some windows on the office area, 36"wainscot line on bottom portion. The buildings are setup with shared access portions, utilizing two curb cuts for the three buildings for entrance to each parking area(each building showing 6 parking spaces) and to the rear side of the lot, with a storage area setup in the rear of buildings, or future expansions. The area in question is zoned"M-2,P"Planned Industrial District, and this zoning is designed to permit the establishment of industrial parks and to provide for the orderly planned growth of industries on large tracts of land, and allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties in other zoning districts. The lot was previously conveyed from the City of Waterloo to 3 Stooges LLC through a Development Agreement as a part of the process for construction and development of the site. . There is no additional platting needed for the request, as the area for the project has been previously platted. During Tech Review it was noted that the buildings may need sprinklers and Engineering will need a water detention plan. Therefore, staff recommends that the request for site plan amendment in the "M-2,P"Planned Manufacturing District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. Page 52 of 418 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, floodplain regulations, setbacks, etc. The request will be reviewed by the Planning and Zoning Commission at their regular meeting on December 14, 2021. Data/Analysis and Strategies: Economic Development and Land Use. Expenditure Required/Source of None Funds: Legal Descriptions: BROCK THIRD ADDITION LOT 2 EXC N 150 FT THEREOF Page 53 of 418 December 14,2021 REQUEST: Request by 3 Stooges LLC (Fischels ) for a site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of three new commercial buildings on their site on Martin Road, just north of 201 West Ridgeway Avenue (Denso). APPLICANT(S): 3 Stooges LLC, PO Box 203, Waterloo, Iowa 50703 GENERAL The applicant is requesting to construct three new commercial DESCRIPTION: buildings along the western side of Martin Road (Brock 3rd Addition Lot 2, just behind Denso). SURROUNDING The request to construct the commercial buildings would LAND USES AND appear to have a positive impact upon the surrounding area IMPACT ON as it would appear to be compatible with other industrial NEIGHBORHOOD: development in the area. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site is served by Martin Road, CONDITIONS: which is a Collector. RELATIONSHIP TO There are no trails or sidewalks in the immediate project area. RECREATIONAL None are recommended for the site development. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "M-2,P" Planned FOR SITE AND Industrial District since May 3, 2004, when the land was IMMEDIATE VICINITY: rezoned from "U-1" Unclassified District. Surrounding land uses and their zoning designations are as follows: North — industrial and residential buildings (Cardinal Construction and one residential home), zoned "M-2,P" Planned Industrial District, and "A-1"Agricultural District. South — industrial buildings (Denso, Kwik Star fuel blending facility), zoned "M-2,P" Planned Industrial District. East — industrial buildings (Fahr Beverage and O'Neal Steel), zoned "M-2,P" Planned Industrial District. West — industrial lots, Leonard Katoski Greenbelt, zoned "M- 2,P" Planned Industrial District and "A-1"Agricultural District. BUFFERS/ No buffers would be required. The applicant will need to SCREENING/ submit and execute a landscaping plan for the site during the LANDSCAPING building permit approval process. REQUIRED: DRAINAGE: It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in SPA-NE of 2510 Leversee Road Page 1 of Page 54 of 418 April 2,2019 the area if proper storm water detention techniques are put in place. DEVELOPMENT The surrounding area has been designed and developed as HISTORY: an industrial park. Building construction: Fahr— 1981, additions: 1998, 2002, 2007 O'Neal — 1990, addition: 1994 Denso - 2004 Kwik Star— 2017 Cardinal — 2019 FLOODPLAIN: The entire property is located in the 100-year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0282F, dated July 18, 2011. The proposed building finished floor elevations are shown at 862.5, and the base flood elevation is 858-860.6 in this area. So the buildings meet floodplain development criteria. PUBLIC /OPEN There are no schools in close proximity to the site. SPACES/ SCHOOLS: The Leonard Katoski Greenbelt is in close proximity to the site to the west. UTILITIES: WATER, All utilities are in close proximity to the site in Martin Road. SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. COMPREHENSIVE The proposed site plan amendment would be in conformance LAND USE PLAN: with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to construct three new commercial ZONING buildings on the site. The buildings are approximately 8,200 ORDINANCE: square feet in size. The buildings would be located on the site approximately 65' back from the property line, and the buildings are built to raise the elevations of the finished floors above the flood plain 100-year limit. The northerly most building is 11' from the northern property line, and the southerly most building is 15' from the southerly property line — both meeting setback requirements. The buildings will have rear loading docks, with overhead doors on the back and front side of buildings. There are office areas and shop areas for each building, to keep options for uses by tenants. The construction is planned in two phases, with two buildings going up this construction season or spring, and the third building in 2022. The exterior siding of the buildings will be metal clad siding, with some windows on the office area, 36" wainscot line on bottom portion. SPA-NE of 2510 Leversee Road Page 2 of Page 55 of 418 April 2,2019 The buildings are setup with shared access portions, utilizing two curb cuts for the three buildings for entrance to each parking area (each building showing 6 parking spaces) and to the rear side of the lot, with a storage area setup in the rear of buildings, or future expansions. The area in question is zoned "M-2,P" Planned Industrial District, and this zoning is designed to permit the establishment of industrial parks and to provide for the orderly planned growth of industries on large tracts of land, and allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties in other zoning districts. The lot was previously conveyed from the City of Waterloo to 3 Stooges LLC through a Development Agreement as a part of the process for construction and development of the site. . STAFF ANALYSIS — There is no additional platting needed for the request, as the SUBDIVISION area for the project has been previously platted. ORDINANCE: TECHNICAL REVIEW TBD COMMITTEE STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment in the "M-2,P" Planned Manufacturing District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, floodplain regulations, setbacks, etc. SPA-NE of 2510 Leversee Road Page 3 of Page 56 of 418 City of Waterloo Planning, Programming and Zoning Commission December 14, 2021 0 n- 0 a 4 w CAP w HOLLYWOOD AVE v r g CARRINGTON Blac wk GUNNE STEWART RD C AVE J A-1 i3 W D. _ Greenbelt LL Lake fj UPLA KAT SK R a R-R PARKHAVEN g j DR Q Q LL MEADOWBROOK LN MA TIN RD R-2 MARTIN RD K O wtt APRILST w u� PIONEER RD w O ¢ N F9 3 MAY ST O U'a LU DEVO HIRE[ P�� m R-3,R-P M-1 O� JANE ST L-- �1 ? c� '6' R-2,C-Z R-3, PATRWO M-2 C-Z C } ° 63 R-4 z 5� 2� M Q C-2 o R-3 A C11 C`P _ a 7 W.RIDGEWAYAVE M-1 PINR-4,C-Z IPL ATHENS DR O _ m A B-P R-4 �P $ CYCLONE DR C `� `.F R-A C 0 p < F M-1 , KING JQ- _ /R-4,R-P - LUUAILPLTITAN TRAIL / (\U(^v) (1 � INE VIEW PL'� �� \\) RIDGE lack M-2,P R-1 awk �o R-4 \� A,ti� Creek R-3 5 OLYMF s W !yC NP M=1 A-1 .. A-1 C. KAMILLE CT p I'p-P j-2;%+-7 R R LT N South of 1318 Martin Road w E Site Plan Amendement 5 3 Stooges, LLC 1,000 500 0 1,000 Feet Page 57 of 418 City of Waterloo Planning, Programming and Zoning Commission December 14, 2021 A 01.1 1318 Martin Road r .J � I z b'. ti Properties Proposing Site Plan Amendment i r Now r — `T/'►F rtr . N South of'31t8 Martin Road W .E Site Plan Amendment s 3 Stooges, LLC Page 58 of 418 CERTIFICATION %' / IiI s / ( V) o -a �A �� I hereby certify that this isioengineeringt document was prepared by me or under /��i �� C l �!� my direct personal supervision and that I am a duly Licensed Professional /�j/ <o I I I " o �� •`ter �� Engineer under the laws of the State of Iowa. / / o I °o Co C a T Licensed ( /��/,/ 'J ��- .L' I I I I 0 50' 75' 100' 150' ,L o 00 '• r C"I ) I �V• ///// I I I I I W 3 N P 7 v Z Signature: ///, m �� William J. Clao P.E. ,�� C m rn r:a x �^�� Date: O 20 License No. 9409 /i�i / // � - w__-<, I I I W a ED ��U� -�,, ° • ai My license renewal date is December 31, 2021 J' r'—"--� I I I I a� QY;. jl�p� Pages or sheets covered by this seal: // I O , 5� , 6�JF•g @r�ihNye°. //��/ ��i/ J / _ _.. sig / I I I co Cy- Cd C N ////;/ LOT BIR K TAD f C n CO7 Ln 0 a Na ------ NE II � CORNER, P{J�\ \ �i/ / �1��/2�o I I SE 1/4, SE 1/4, /i / �Q �O SEC, 32-T89N-R13W —PRO OSID FINISH ADE(TYP.) Tract 'B' 2 I (FOUND 'X' CUT IN I \ OSED 8 DIA Z O e A S� (0,58 Acres) o' I CONCRETE) i` PERFO TED HDPE/ y Zone X o a OUTLET, E 850.D-/// \ ) C/ I ---- "°TESha d I\ TRACT B AND THE NORTH 150' OF LOT 2 I w \ / GRADING IS TO BE COMPLETED BY OTHERS. ' 0a \ 1 � o� �s \ \ a• rm ro uc I \d�qr I I I I i1 I a \Fqs l l� I I E=862.5 (� PROPOSED DRAINAGf`� / �s BFE=858.0 TILE, 670' OF 8DIA. I mas 1\ PERFORATED DUAL WALL I HDPE AT 0.4%SLOPE, IN \POROUS BACKFILL) \\ \ �Ava wma I III I II I I b 3V KDG4M � I III I r PAUR o 8025 11 7 \ Y PCC PAVEMENT A55 BFE=859.0 I I �I I II (D 0 \ I I III 1 \ \ I II III o x y" Legal Description: ` \\ ~ \ \ I I Illlli C C Lot 2, Brock Third Addition, \ \ }7E-EPAWS I I VIII I �I j Waterloo, Black Hawk County, Iowa L- VO 1 BF\=86 T/N0015 " g III ICL^1,, � IIIA I I V 't fn H Ii11I I I CC '4 O I L I I O_5" \ WAW II I I I 0 BFE�868\ -- I �I I I iCL m O 0. ----- I Zone X =- --------- ------------ I III I , C: 0 Ill�ill Shaded �_� I, �� I I 1 -7 v o> _3 3: s ee Li Page 59 of 418 o EXCEPTION, I 0 DOC. No. 2009-24074 C o (1d o 11' BLDG TO PROPERTY LINE o° I C I I rZ 3 GRASS II I I 9f� I w q� - ---- - ---- co co �9 GRASS I I C m L �.p�� o BUILDING 1 I I s'(Tra) C �I E.. FFE=862.5 o I > BFE=858.0I 7^ 'o `o T W=862.5 25' I (/J N d RAMP PROPOSED DRAINAGE &o a —7I �' \�COP': TILE, 670' OF 12" DIA. GRAVEL T/W=862.5 v PERFORATED DUAL WALL HDPE AT 0.4% SLOPE, IN POROUS BACKFILL 20' E—E PAVING 39' BDG—BLDG II II I o T W=862.5 I I RAMP laW 40' �p T W=862.5o p ye IIc 1,600' OF SILT FENCE o III EX SAN MH z GRASS EX RIM ELEV = 860.0 TO 80.81 BUILDING 2 III8A1 IN W &6N8= 53.96m ~ N FFE=862.5 II BFE=859.0 0' GRASS 5 I I I LO 65' U 0 20' E—E PAVING I Z 35' B G—BLDG J L II T W=862.5 Q O RAMP/ a I I I Q 0 X T/W=862.5 40' I I co W M C I ~ o _O F— a BUILDING 3 caI Q 0.. FFE=862.5 GRASS y BFE=860.6 L fn F— td �II i I o 00 PROPOSED 12" DIA. DRAINAGE TILE 3I I I I L Cc m 0 INV=852.7 TOP EXIS GRADE = 856.4 SII I I I a, N L o sa 75' loo' iso' C w 0 ca � 15' BLDG SETBACK TO PROPERTY LINE III I I U 65 J 3: —__ _ -- --- sheet Page 60 of 418 120'-0" 8'-21/4" 9.-3.. 56-63/4" 20'-3" 25'-9" ROUGH OPENING ROUGH OPENING 8.4. J2 1/4" 6'-6 3/4" 81-01, -0.. 8'-0" 8'-0" .._o_ 8'-0" 4 WHO'.1 HO"O.H.DOOR; '-0" 10'-0"0,H.DO U I 7`8 3147" IN _ATED& TEEL LINED With OPENER; 26-3 1/2' 0 CK DOOR; TO DOOR IS T E J2)-WINDOWS D�IC VERIFY R S T� AN._ FLOOR DRAIN AS REOID -------------------------- .... . . . . . . . . . . . . . ------------------------------------------------------------ SHOP (16'-0" CLG. HGT.) V BUILDING STRUCTURE: 0 0 LL 16-0"SIDEWALL HEIGHT 9 LAMINATED&TREATED COLUMNS @ 8'-0"O.C.;VERIFY SIZE&NUMBER OF PLIES 0 2 x 6 SIDE NAILERS @ 2'-0"O.C. mt PRE-ENGINEERED ROOF TRUSSES @ 8'-0"O.C. 0 2 x 4 ROOF PURLINS @ 2'-0"O.C. z STEEL SIDING,WAINSCOTE&ROOFING MATERIAL 3: § o ol 0 NOTE: 0. zw z OPTION FOR DRIPSHIELD ROOF STEEL z.1 NOTE: 9 LEVEL SITE,ROCK,CEMENT,PERMIT,&DUMPSTER ............................................................ ARE ALL TO BE PROVIDED BY OWNER FLOOR DRAIN AS PEO'D 290'.14'HO"O.H. Doowith OPENER; 25'-3 112" INSULATED&STEEL_IIN`Ei0PENEN; DOOR IS TO HAVE(2)-WINDOWS 8 8 8 8'_0" 8'-0" 8. MECHANICAL gATH ROOM 34'-0" 201-3- 25'-9" m OFFICE ROUGH OPENING 14-4- 81-0 7'-91/2" 9 7' 3 112" 5 1/2" 3 1/2" 7. OFFICE!Tl ) FFICE FINISH BY OTHOIE 9 ED 4'H0-0' 4"'j" ._01. I 4'-0" 4'-0" 4 i"4._0 81-01, 8'-0" 8'-0" 8'-0.. 40'-0" 120'-0" lEll—IIN I FC_OORNSUPTIHRROEUPMCEETRNIOTDNSESTO_IEGCN0.INENS `ST'NH.O0`U BUILDING LAYOUT CHRIS FISCHELS POLE BUILDINGIOQISO . RIFT ED SPAHN&ROSE JESUP,IA UDCALCODES&SO C I BE VE BY A LICENSED ENGINEER OR ANCH-CT MARTIN ROAD DEVELOPMENT STEEL ROOFING--4:12 PITCH STEEL ROOFING--4:12 PITCH STEEL SIDING STEEL SIDING 4 z 4 i Will H m 3 ® o ® ® m 3 lill M dUllh�� 36"TALL STEEL WAINSCOTE •0 36"TALL STEEL WAINSCOTE FRONT ELEVATION CHRIS FISCHELS POLE BUILDING SPAHN&ROSE JESUP,IA MARTIN ROAD DEVELOPMENT STEEL ROOFING--4:12 PITCH STEEL ROOFING--4:12 PITCH STEEL SIDING STEEL SIDING 4i 4i �3 ❑ ® �3 hiddHiddh lid Ltddj- iddhildh Hidd 1--likiddhildhiu --liddiddhil 36"TALL STEEL WAINSCOTE 36"TALL STEEL WAINSCOTE ; REAR ELEVATION CHRIS FISCHELS POLE BUILDING SPAHN&ROSE JESUP,IA MARTIN ROAD DEVELOPMENT Page 62 of 418 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING,AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name(please print): ra�c $ Address: Phone: X )I3,�Y-SQ1�iz Fax: ��q��1- 'J O C1�!s City: State: -XIA Zip. SaQou Email: Com-. :s C &I GR'F ZE cam b. Status of applicant: (a) Owner _)C___(b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): VIA Address: Phone: _Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: 1� E�'• b. Legal description of property or portion to be amended: c. Dimensions of proposed site plan amendment: sem vv—a d. Area of proposed site plan amendment: tae 1 e. Current zoning: 1 f. Reason(s)for site plan amendment and proposed use(s) of property:` g. Conditions (if any) agreed to(does not affect existing conditions unless specified): h. Other pertinent information(use reverse side if necessary): �— Please Note: If applicant is not the owner of the property,the signature of the owner must be secured.If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of$200 (for new or overall amendment), $100(for individual Building),or$0(for minor change) (payable to the City of Waterloo)is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the WVerloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the prop uestion in re s to the request. Sign a of Appl' ant Date Signg6re of er ale Page D6of 418 Legal Description: BROCK THIRD ADDITION LOT 2 EXC N 150 FT THEREOF Page 64 of 418 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for property located at 110 St. Croix Drive, in the amount of $94.17 and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 12/20/2021 Prepared: 12/13/2021 Resolution approving cancellation of assessment for property located at 110 SUBJECT: St. Croix Drive, in the amount of$94.17 and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By:Kelley Felchle, City Clerk Assessed in error. This is a new owner. Water- $25.17 Summary Statement: Sewer- $37.80 Garbage - $21.60 Storm Water- $9.60 Total-- $94.17 Page 65 of 418 CITY OF WATERLOO Council Communication Motion to approve Tobacco License for Family Dollar#32879, located at 1608 University Avenue. City Council Meeting: 12/20/2021 Prepared: SUBJECT: Motion to approve Tobacco License for Family Dollar#32879, located at 1608 University Avenue. Page 66 of 418 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 5 for Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of$70,561, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/13/2021 ATTACHMENTS: Description Type ❑ Cont 1029_CO #5 Backup Material Motion to approve Change Order No. 5 for Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of$70,561, in SUBJECT: conjunction with the FY 2021 Highway 63 Enhancements from Washinglon Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Matt Schindel, Associate Engineer Recommended Action: Approve change order through DocExpress. Summary Statement: Implementation,Accountability, G.O. Bonds and Communication: Expenditure Required/Source of 80% Federal Cost Funds: 20% City Cost Page 67 of 418 WIOWADOT Accounting ID No.(5-digit number):37266 Form 831240 (12-20) CHANGE ORDER Change Order No.:05 For Local Public Agency Projects No.:05 Non-Substantial: Substantial: 0 Administering Office Concurrence Date Accounting ID No.(5-digit number):37266 Project Number:TAP-U-8155(774--8I-07 Contract Work Type:PCC Sidewalk/Trail Local Public Agency:Waterloo Contractor:Vieth Construction Date Prepared: November 23,2021 You are hereby authorized to make the following changes to the contract documents. A-Description of changes to be made: Modify Pre-Cast columns to include City of Waterloo Backlit Logo Sign,in lieu of existing plan. This will require 32 new 2'x4'pre-cast architectural stones,4 custom corten steel lighting cabinets,lexan covers and electrical work to provide power to all 4 column locations. B-Reason for change: The City of Waterloo recently completed multiple columns on another project which included backlit signs with the City of Waterloo Logo,and want to be consistent between projects. C-Settlement for cost(s)of change as follows with items addressed in Sections F and/or G: Hogan Construction Art Stone(Precast Concrete) $17,600(Materials) Signs and Design $ 900(Shipping) Corten Steel Cabinet and Face $4,400 Brian Tank Masonry $ 1,600(SS Lintels) Lighting $12,280 $ 4,400(80hrs@$55) Hardware Cover $ 800 H Skid Loader Mob $ 800(to/from Solon, IA) Hardware $ 338 Labor for Weather Proofing $ 1,540(27hrs@$55) Markup $ 3,552 Overhead/Profit $ 5,360 Labor $ 6,000(48hrs@$125) Total Hogan Construction $32,200 Total Signs and Design $27,370 KW Electric Vieth Construction Labor $ 2,750(50hrs@$55) prime Markup $5,741 Material 250'conduit/cable@$7/ft $1,750 (10%on first$50,000,5%on portion over$50,000 per 1109.03.B.3) Equipment(mini ex/core drill)3hrs@$250 $ 750 Total KW Electric $5,250 Total $70,561 D-Justification for cost(s)(See I.M.6.000,Attachment D,Chapter 2.36,for acceptable justification): The prices to modify the wall have been reviewed by the engineer and the city. These costs were compared to the existing bid for pre-cast panels and the lighting costs on the similar project with back-lit signs for the columns,and were in-line with those costs. E-Contract time adjustment: [ No Working Days added Working Days added: [ Unknown at this time Justification for selection: Working days will be on hold during completion of this change order work,as the project will be substantially complete prior to completion of the columns. Page 1 of 2 Page 68 of 418 W" IIO ADOT Accounting ID No.(5-digit number):37266 Form 831240 (12-20) Change Order No.:05 F-Items included in contract: Participating For deductions enter as "-x.xx" Federal- State- Line Unit Price Quantity Amount aid aid Number Item Description xx xxx Ax Add Row F Delete Row TOTAL G-Items not included in contract: Participating For deductions enter as "-x.xx" Federal- State- Change Item Number Item Description Unit Price Quantity Amount aid aid Number Ax .xxx Ax 8006 2599-9999014 Rev.Column Construction $1.00 70,561.000 $70,561.00 Add Row Delete Row TOTAL $70,561.00 Signatures will be applied through DoclExpress. Page 2 of 2 Page 69 of 418 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 7 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$83,008.33, in conjunction with the FY 2021 Shaulis Road Reconstruction- Hess Road to Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/13/2021 ATTACHMENTS: Description Type ❑ Cont 1020_CO #7 Backup Material Motion to approve Change Order No. 7 with Peterson Contractors, Inc.. of Reinbeck, Iowa, for a net increase of$83,008.33, in conjunction with the FY SUBJECT: 2021 Shaulis Road Reconstruction- Hess Road to Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Matt Schindel, Associate Engineer Recommended Action: Approve change order. Implementation,Accountability, and Communication: Page 70 of 418 CHANGE ORDER Distribution: H RG reen Owner X Engineer X HR Green, Inc. Contractor X 8710 Earhart Lane S.W. Field Cedar Rapids, IA 52404 (319)841-4000 FAX(319)841-4012 Other Change Order No. 07 PROJECT: Waterloo, IA Shaulis Road Reconstruction— Hess Road to US-218 Date December 13, 2021 To Contractor: Project No. 190428.04 Peterson Contractors, Inc. 104 Black Hawk Street Reinbeck, IA 50669 Original Contract Date May 17, 2021 This Change Order includes the following: (1) Temporary ACC Paving-$51,606.14 (2) Temporary Paving-$2,553.00 (3) Modified Subbase Safety Shoulder-$6,822.66 (4) Pavement Marking Removal-$875.00 (5) Temporary Painted Pavement Markings-$5,892.54 (6) Temporary Painted Symbols and Legend-$714.00 (7) Additional Paint Mobilization-$2,550.00 (8) Additional Divertors Winter Rental-$1,989.00 (9) Stop Sign Installation-$1,759.50 (1o) Spring 2022 Traffic Control Mobilization-$3,034.50 (1 1) Pavement Removal-$5,212.00 The original Contract Sum was $8,715,769.61 Net change by previously authorized Change Orders $3,150 The Contract Sum prior to this Change Order was $8,718,919.61 The Contract Sum will be increased by this Change Order in the amount of $83,008.33 The new Contract Sum including this Change order will be $8,798,777.94 The Contract Time will be decreased by 0 The date of Substantial Completion as of the date of this Change Order therefore is September 21, 2021 The date of Final Completion as of the date of this Change Order therefore is September 15, 2023 Page 71 of 418 NOT VALID UNTIL SIGNED BY THE CONTRACTOR, OWNER'S REPRESENTATIVE, if applicable,AND OWNER Contractor Owner's Representative Owner Peterson Contractors, Inc. HR Green, Inc. Cit of Waterloo, IA By By By By Date: Date: Date: Date: Page 72 of 418 CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. _07 PROJECT: Shaulis Road Reconstruction Project , CONTRACT NO. RM-8155(772)—9D-07 Date Prepared: 12-13-2021 AMOUNT: $83,0008.33 Participating TO: Peterson Contractors Inc , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated 04/29/2021. A. Description of change to be made or extra work to be done: (1) Temporary ACC Paving (2) Temporary Paving (3) Modified Subbase Safety Shoulder (a) Pavement Marking Removal (a) Temporary Painted Pavement Markings (6) Temporary Painted Symbols and Legend (7) Additional Paint Mobilization (a) Additional Divertors Winter Rental (9) Stop Sign Installation (1o) Spring 2022 Traffic Control Mobilization (11) Pavement Removal B. Reason for ordering change or extra work: Temporary Paving and Traffic Control for Winter 2021-2022 C. Settlement for cost of work to be made as follows: Participating $83,008.33 Total Net Increase $83,008.33 CITY OF WATERLOO, IOWA APPROVED: CONTRACTOR BY: City Engineer Date Date TITLE: Page 73 of 418 �E�E�1SD11 PETERSON CONTRACTORS, INC. SLXfp pliD A!� �ONZRaC�ORS EXTRA WORK AUTHORIZATION .oQS ❑K. ANINTEGRITYINTEGRITYE&\�P R E I N R E C N 1 0 W A ari PO Box A Phone: 319-345-2713 Reinbeck,Iowa 50669 Fax: 319-345-2991 www.petersoncontractors.com Project Name: Shaulis Road Reconstruction PCI Job# J9215 Date: 12/08/21 Extra Work Autorization# Remarks or Description of Extra Work: PCI has been asked to provide an estimate of the cost to temperarily open the roadway for the winter of 2021-2022. Please note PCI has reduced the typical 10%Mark up to 2%to just cover bonding costs. Item# Description Quantity Units Base Unit %Mark Up %Discount Adjusted Unit Total Amount Rate Rate 1 Temporary ACC Paving 1,257.00 SY $40.25 2.00% 0.00% $41.06 $51,606.14 2* Temporary Paving 46.00 SY $55.50 0.00% 0.00% $55.50 $2,553.00 3 Modified Subbase Shoulder 552.80 TN $12.10 2.00% 0.00% $12.34 $6,822.66 4* Pavement Marking Removal 2.50 STA $350.00 0.00% 0.00% $350.00 $875.00 5 Temporary Painted Pavement Markings 106.00 STA $54.50 2.00% 0.00% $55.59 $5,892.54 6 Temporary Painted Symbols and Legends 4.00 EA $175.00 2.00% 0.00% $178.50 $714.00 7 Additional Paint Mobilization 1.00 LS $2,500.00 2.00% 0.00% $2,550.00 $2,550.00 8 Additional Divertors Winter Rental 1.00 LS $1,950.00 2.00% 0.00% $1,989.00 $1,989.00 9 Stop Sign Installation 3.00 EA $575.00 2.00% 0.00% $586.50 $1,759.50 10 Spring 2022 Traffic Control Mobilization 1.00 LS $2,975.00 2.00% 0.00% $3,034.50 $3,034.50 11* Pavement Removal 1,303.00 SY $4.00 0.00% 0.00% $4.00 $5,212.00 0.00% 0.00% $0.00 $0.00 Total Amount: $83,008.33 The work covered by this authorization shall be performed in accordance with the same terms and conditions as included in the original contract. Work Authorized and Changes Approved by: Prime Contractor or Owner: Peterson Contractors, Inc. By: By: Chris D. Fleshner Title: Date: Date: 12/8/2021 Page 74 of 418 CITY OF WATERLOO Council Communication Motion to approve an Iowa Opioid Allocation Memorandum of Understanding, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/10/2021 ATTACHMENTS: Description Type ❑ memorandum Backup Material Motion to approve an Iowa Opioid Allocation Memorandum of SUBJECT: Understanding and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Martin Petersen, City Attorney Page 75 of 418 IOWA OPIOID ALLOCATION MEMORANDUM OF UNDERSTANDING A. Definitions As used in this Memorandum of Understanding("MOU" or"Agreement"): I. "Local Government" shall mean all Iowa Counties (regardless of population) and cities, villages, and towns located within the geographic boundaries of the State of Iowa with a population exceeding 10,000.1 2. "Opioid Funds"shall mean monetary amounts obtained through a Settlement as defined in this MOU, including amounts obtained under Sections IV and V of the Distributor Master Settlement Agreement and Sections V and VI of the J&J Master Settlement Agreement. Separate amounts allocated to the State as restitution pursuant to Sections IX of the Distributor Master Settlement Agreement and Sections X of the J&J Master Settlement Agreement and amounts for reimbursement of attorneys' fees and costs as set forth in Sections X of the Distributor Master Settlement Agreement and Section XI of the J&J Master Settlement Agreement and from similar state specific or private attorneys' fees funds created by other Settlements are not "Opioid Funds." For avoidance of doubt, payments to the Iowa Backstop Fund will be paid out of Opioid Funds as more specifically set forth in Section D of this MOU. 3. "Opioid Related Expenditure" shall mean an expenditure consistent with the categories enumerated in Exhibit E to the Distributor Master Settlement Agreement and the J&J Master Settlement Agreement found at littr)s://iiatiotialoyioidsettleiiient.coni/ and attached hereto as Exhibit 1. 4. "Parties" shall mean the State of Iowa and Participating Local Governments. 5. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in or has engaged in the manufacture, marketing,promotion, distribution or dispensing of an opioid analgesic, including but not limited to those persons or entities identified as Defendants in the matter captioned In re: Opioid Litigation, MDL 2804 pending in the United States District Court for the Northern District of Ohio. 6. "Participating Local Government" is any Local Government that agrees to be bound by a Settlement by Participation Agreement necessary to effectuate that Settlement or other similar document. 7. "Settlement" shall mean the negotiated resolution of legal or equitable claims regarding opioids against a Pharmaceutical Supply Chain Participant when that resolution has been 1 The population figures contained in this MOU shall be derived from the published U.S. Census Bureau's population estimates for July 1, 2019, released May 2020 as set for in the Distributor Master Settlement Agreement and the J&J Master Settlement Agreement. Page 1 Page 76 of 418 jointly entered into by the Parties. For avoidance of doubt, a Settlement shall not include (i) any negotiated resolution of legal or equitable claims between the State and a Supply Chain Participant that is unrelated to the claims at issue in the matter captioned In re.- Opioid e:Opioid Litigation, MDL 2804 pending in the United States District Court for the Northern District of Ohio or (ii) any negotiated resolution of legal or equitable claims between the State and a Supply Chain Participant that requires the Parties to allocate settlement proceeds in a specific manner or using specified allocation percentages inconsistent with this MOU 8. "Master Settlement Agreement"shall mean the agreements documenting a Settlement. For thepurposes of this MOU the Distributor Master Settlement Agreement and the J&J Master Settlement Agreement found at https://nationalot)ioidsetticinent.coni/ are Master Settlement Agreements under the meaning of this MOU. 9. "State" shall mean the State of Iowa. B. Allocation of the Opioid Settlement Proceeds 1. Opioid Funds shall be allocated as follows: (i)50%to the Iowa Abatement Fund("Iowa Abatement Share") and (ii) 50% to Participating Local Governments, less fees and costs allocated to the Iowa Backstop Fund as set forth in Section D ("LG Abatement Share"). 2. The Participating Local Governments may elect to use a Settlement Administrator ("Settlement Administrator") to receive and distribute Opioid Funds allocated to the LG Abatement Share pursuant to this MOU. 3. Opioid Funds shall not be considered funds of the Iowa Abatement Fund or any Local Government unless and until such time as an allocation is made to the Iowa Abatement Fund or any Participating Local Government pursuant to this Section. 4. The LG Abatement Share shall be distributed in direct payments to the Counties that are Participating Local Governments according to the National Negotiation Class Formula, in the amounts set forth on Exhibit 2 ("Direct Distribution Amount"). 5. A County may elect to forego its Direct Distribution Amount by notifying the Settlement Administrator in writing of its decision. If a County makes an election to forego its Direct Distribution Amount, that amount reverts to the LG Abatement Share unless the County specifically designates that its share should revert to the Iowa Abatement Share. 6. Except as provided herein, nothing shall prohibit a County from sub-allocating any portion of its Direct Distribution Amount to the Iowa Abatement Fund or to a City that is a Participating Local Government within its jurisdiction provided, however, that the Iowa Abatement Fund or City must expend any such sub-allocation only on an Opioid Related Expenditure. Page 2 Page 77 of 418 7. If a County sub-allocates Opioid Funds to a City within its jurisdiction, such suballocation shall be made according to an agreement between the County and the City requiring the use of the suballocated funds for an Opioid Related Expenditure and further providing that a use of funds inconsistent with an Opioid Related Expenditure shall make the funds subject to recoupment and otherwise disqualify the City from a future sub-allocation. 8. Except as provided herein, 100% of the Iowa Abatement Share and the LG Abatement Share, regardless of allocation, shall be utilized only for Opioid Related Expenditures incurred after the Effective Date of this MOU. The list of approved Opioid Related Expenditures are set forth in Exhibit 1 to this MOU . The Parties agree that at least 75% of the Iowa Abatement Share and the LG Abatement Share shall be utilized for only the "Core Strategies" listed in Schedule A of Exhibit 1 to this MOU. 9. The Parties may use up to 2.5% of the Iowa Abatement Share and the LG Abatement Share for administrative costs for Opioid Related Expenditures. C. Compliance Reporting and Accountability 1. Every Participating Local Government that receives a Direct Distribution Amount shall create a separate fund on its financial books and records that is designated for the receipt and expenditure of the entity's Direct Distribution Amount, called the "LG Abatement Fund." Funds in an LG Abatement Fund shall not be commingled with any other money or funds of the Participating Local Government. A Participating Local Government may invest LG Abatement Fund funds consistent with the investment of other funds of a Participating Local Government. 2. Funds in a LG Abatement Fund may be expended by a Participating Local Government only for Opioid Related Expenditures. For avoidance of doubt, funds in a LG Abatement Fund may not be expended for costs, disbursements or payments made or incurred prior to the Settlement. 3. Each LG Abatement Fund shall be subject to audit in a manner consistent with Code of Iowa §§331.402(2)(i) and 11.6. Any such audit shall be a financial and performance audit to ensure that the LG Abatement Fund disbursements are consistent with the terms of this MOU. If any such audit reveals an expenditure inconsistent with the terms of this MOU, the Participating Local Government shall immediately redirect the funds associated with the inconsistent expenditure to an Opioid Related Expenditure. 4. Reporting a. Each Participating Local Government that receives a Direct Distribution Amount must prepare and file a public annual report describing the expenditure of its Direct Distribution Amount. The report shall include, though is not limited to, a Page3 Page 78 of 418 narrative description of the funded programs; the dollar amount provided; and progress and/or outcomes of funded programs. Participating Local Governments may work together to prepare and file joint reports if they so choose. b. A Participating Local Government taking a suballocation of some amount of its Direct Distribution Amount pursuant to Section B(7) is responsible for including the expenditure of those funds and outcomes from those expenditures in the annual report required by Section C(4)(a), above. c. The State may utilize the reports in order to report to the public on the use and effectiveness of the Opioid Funds in addressing the opioid crisis in Iowa. 5. Two or more Participating Local Governments may combine their respective Direct Distribution Amounts. 6. Nothing shall prohibit Participating Local Governments from acting alone or together pursuant to Paragraph 5 or from entering into an agreement(s)relating to the securitization of Opioid Funds (and any allocation thereof) that are scheduled under a Settlement to be paid at a future date. 7. Pursuant to Section B of this MOU the Iowa Abatement Fund and all Participating Local Governments shall use 100% of the Iowa Abatement Share and the LG Abatement Share for Opioid Related Expenditures. D. Payment of Counsel and Opioid Litigation Expenses 1. Sixty-six of the Participating Local Governments ("Litigating Local Governments") have contracted with outside counsel ("Counsel") for representation in litigation against certain Pharmaceutical Supply Chain Participants and Counsel has been representing some of those entities since 2018. The Litigating Local Governments are set forth on Exhibit 2. In consideration for Counsel's representation, each of the Litigating Local Governments entered into a contract with its Counsel for a 25% contingency fee applied to each Litigating Local Government's recovery. 2. The Distributor Master Settlement Agreement and the J&J Master Settlement Agreement provide for the payment of attorneys' fees and legal expenses owed by States and Participating Local Governments to outside counsel retained for litigation against the Defendants in those agreements. To effectuate this, the Court in the MDL Litigation has established a fund to compensate attorneys for services rendered and expenses incurred that have benefitted plaintiffs generally in the litigation (the "National Attorney Fee Fund"). 3. Counsel for the Litigating Local Governments intends to make application to the National Attorney Fee Fund. Because there is still uncertainty regarding what Counsel will recover as compensation for the large volume of work done and the large out of pocket expense of the Litigation, and whereas the Litigating Local Governments desire Page 4 Page 79 of 418 to fairly compensate Counsel for the work done on behalf of Litigating Local Governments,the Parties agree that the Participating Local Governments will create an Iowa attorneys' fees and costs fund(the"Iowa Backstop Fund")to compensate Counsel only in the event Counsel does not recover from the National Attorney Fee Fund an amount equal to 15 % of the LG Abatement Share attributable to the Litigating Local Governments, less any amounts a Litigating Local Government suballocates to one or more Cities within its jurisdiction ("Net Direct Distribution Amount"). For the avoidance of doubt, collectively, Counsel are limited to being paid, at most, and assuming adequate funds are available under the National Attorney Fee Fund and the Iowa Backstop Fund, attorneys' fees totaling fifteen percent (15%) of the total Net Direct Distribution Amount for all Litigating Local Governments. 4. Counsel must first seek recovery at the National Attorney Fee Fund before applying to the Iowa Backstop Fund and may not recover from the Iowa Backstop Fund any amounts recovered at the National Attorney Fee Fund. 5. Counsel can seek payment from the Iowa Backstop Fund only for the difference between what they have collected from the National Attorney Fee Fund and the amount to which they are entitled under Paragraph D(3), above. 6. If Counsel receives fees/costs for common benefit work from the National Attorney Fee Fund,when determining"amounts recovered"for purposes of this Section D,those fees/costs received from the National Attorney Fee Fund for common benefit work will be allocated proportionately across all of their local governmental clients based on the Negotiation Class Model to allocate the appropriate portion to Iowa Litigating Local Governments. 7. The Iowa Backstop Fund shall be funded as follows: from the Opioid Funds Allocated to Participating Local Governments pursuant to this MOU, the Settlement Administrator shall deposit in the Iowa Backstop Fund an amount equal to 15% of the IF total Net Direct Distribution Amount for all Litigating Local Governments and distribute the remainder of the funds allocated to Participating Local Governments as set forth in Section B above. No funds from the Iowa Abatement Share shall be used to pay attorneys' fees and no funds from the Iowa Abatement Share shall be paid to the Iowa Backstop Fund. 8. Any funds remaining in the Iowa Backstop Fund in excess of the amounts needed to cover the deficiency in attorneys' fees as provided in this Section shall revert back to the LG Abatement Share and shall be allocated to the Participating Local Governments as provided in Section B. 9. The Settlement Administrator shall be responsible for receiving requests for and allocating payments to Counsel from the Iowa Backstop Fund. Counsel seeking payment from the Iowa Backstop Fund shall provide all documents and information required and/or sought by the Settlement Administrator. Page 5 Page 80 of 418 10. The Settlement Administrator is authorized to provide information regarding requests for and payment from the Iowa Backstop Fund to the Attorney General, upon request. 11. The Iowa Backstop Fund will not be funded by proceeds from any resolution in the matter of In re Purdue Pharma L.P., et. al., Docket No. 19-23649 in the Bankruptcy Court for the Southern District of New York. E. Minimum Participation 1. This Agreement shall become effective at the time when Litigating Local Governments comprising 95% of the total Litigating Local Government population and Local Governments comprising 80% of the total population of eligible Primary Subdivisions as defined and described in in the Settlement Agreements with a population over 30,000 people sign this MOU ("MOU Effective Date"). 2. For avoidance of doubt, a list of the Litigating Local Governments and eligible Primary Subdivisions with a population over 30,000 people whose participation is required to achieve the MOU Effective Dates as set forth above is attached hereto as Exhibit 3. F. Other Terms 1. The Parties agree to make such amendments as necessary to implement the intent of this agreement. After this Agreement becomes effective, amendments may only be made to this Agreement if approved in writing by the Attorney General and at least 51% of the Participating Local Governments. 2. This Agreement shall be governed by and construed under the laws of the State of Iowa using Iowa law. Any action related to the provisions of this Agreement, except as otherwise provided in the Master Settlement Agreements or Future Resolutions, must be adjudicated by the Iowa state courts of Polk County in the State of Iowa. 3. This Agreement does not supersede or alter the terms of the Master Settlement Agreements except to the extent those terms allow for a State-Subdivision Agreement to do so. 4. If any part of this Agreement is declared invalid or becomes inoperative for any reason, such invalidity or failure shall not affect the validity and enforceability of any other provision. 5. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall be considered one and the same agreement. A signature transmitted by facsimile or electronic image shall be deemed an original signature for purposes of executing this Agreement. Page 6 Page 81 of 418 6. Each person signing this Agreement represents that he or she is fully authorized to enter into the terms and conditions of,and to execute,this Agreement on behalf of the named governmental entity, and that all necessary. IN WITNESS WHEREOF, the parties hereby execute this MOU as of the date set forth below. ON BEHALF OF THE STATE OF IOWA: Date: Attorney General Thomas J. Miller ON BEHALF OF THE LOCAL GOVERNMENTS: Date: Adair County Printed: Date: Adams County Printed: Date: Allamakee County Printed: Date: Altoona City Printed: Date: Ames City Printed: Date: Ankeny City Printed: Page 7 Page 82 of 418 CITY OF WATERLOO Council Communication Motion to approve the Subdivision Distributor Settlement Participation form, relating to opioid settlement, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/10/2021 ATTACHMENTS: Description Type ❑ participation form Backup Material Motion to approve the Subdivision Distributor Settlement Participation SUBJECT: form, relating to opioid settlement, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Martin Petersen, City Attorney Recommended Action: pass motion Page 83 of 418 DocuSign Envelope ID:6A193D3A-2784-4F80-82E6-4623333A8603 PARTICIPATION INSTRUCTIONS Thank you for registering your subdivision on the national settlement website and for considering participating in the proposed Settlement Agreement with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation (collectively "Settling Distributors"). This virtual envelope contains a Participation Form including a release of claims. The Participation Form in this envelope must be executed, without alteration, and submitted in order for your subdivision to be considered potentially "participating." The sign-on period for subdivisions ends on January 2, 2022. On or after that date, the states (in consultation with the subdivisions) and the Settling Distributors will determine whether the subdivision participation rate is sufficient for the settlement to move forward. If the deal moves forward, your release will become effective. If it does not, it will not. As a reminder, if you have not already started your review of the settlement documentation, detailed information about the Settlements may be found at: https://i-iatioiialopioidsettlement.com/. This national settlement website also includes links to information about how the Settlements are being implemented in your state and how settlement funds will be allocated within your state, including inforination about, and links to, any applicable allocation agreement or legislation. This website will be supplemented as additional documents are created. The Iowa Attorney General's Office has also set up a state-specific website that can be accessed here: www.iowaattomey c�al.gov/about-us/opioid-settlement- informati on. If you have questions, please contact your counsel (if you have counsel on opioids matters) or Amy Licht at Amy.LichtLa)ag.iowa.gov or Mary Peterson at Mary.PetersopLc)ag.iowa.vov or (515) 281-5926 at the Iowa Attorney General's Office. Page 84 of 418 DocuSign Envelope ID:6A193D3A-2784-4F80-82E6-4623333A8603 Subdivision Distributor Settlement Participation Form Governmental Entity: Waterloo city State: IA Authorized Signatory: Quentin Hart Address 1: 715 Mulberry street Address 2: City, State, Zip: waterloo Iowa 50703 Phone: 3192914301 Email: mayor@waterloo-ia.org The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 ("Distributor Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity's election to participate is specifically conditioned on the Iowa Opioid Allocation Memorandum of Understanding ("MOU") becoming effective by that MOU being executed both by the State, Litigating Local Governments comprising 95% of the total Litigating Local Government population and Local Governments comprising 80% of the total population of eligible Primary Subdivisions as defined and described in in the Settlement Agreements with a population over 30,000. Should the Iowa Allocation Memorandum of Understanding fail to become effective, this Election and Release shall be deemed void and no claims shall be released 3. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that is has filed. 4. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 5. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 6. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. Page 85 of 418 DocuSign Envelope ID:6A193D3A-2784-4F80-82E6-4623333A8603 7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to the court's role asp rovided in, and for resolving disputes to the extent provided in, the Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Distributor Settlement. 8. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including, but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 11. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may 2 D Page 86 of 418 DocuSign Envelope ID:6A193D3A-2784-4F80-82E6-4623333A8603 exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known,would materially affect the Governmental Entities' decision to participate in the Distributor Settlement. 12. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. DocuSigned by: Signature: &Ww Vk, �aV� Name: Quentin Hart Title: mayor Date: 12/9/2021 3 101 Page 87 of 418 CITY OF WATERLOO Council Communication Motion to approve the Subdivision Janssen Settlement Participation form, relating to opioid settlement, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/10/2021 ATTACHMENTS: Description Type ❑ motion Backup Material Motion to approve the Subdivision Janssen Settlement Participation form, SUBJECT: relating to opioid settlement, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Martin Petersen, City Attorney Page 88 of 418 DocuSign Envelope ID:33A866A2-125A431A-AB2D-02659246D244 PARTICIPATION INSTRUCTIONS Thank you for registering your subdivision on the national settlement website and for considering participating in the proposed Settlement Agreement with Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively "Janssen"). This virtual envelope contains a Participation Form including a release of claims. The Participation Form in this envelope must be executed, without alteration, and submitted in order for your subdivision to be considered potentially "participating." The sign-on period for subdivisions ends on January 2, 2022. On or after that date, the states (in consultation with the subdivisions) and the Settling Distributors will determine whether the subdivision participation rate is sufficient for the settlement to move forward. If the deal moves forward, your release will become effective. If it does not, it will not. As a reminder, if you have not already started your review of the settlement documentation, detailed information about the Settlements may be found at: https://nationalopioidsettlement.contig. This national settlement website also includes links to information about how the Settlements are being implemented in your state and how settlement funds will be allocated within your state, including information about, and links to, any applicable allocation agreement or legislation. This website will be supplemented as additional documents are created. The Iowa Attorney General's Office has also set up a state-specific website that can be accessed here: www.iowaattomey eneral.gov/about-us/opioid-settlement- information. If you have questions, please contact your counsel (if you have counsel on opioids matters) or Amy Licht at Amy.LichtA( ag.iowa.gov or Mary Peterson at Mary.Peterson(rx),ag.iowa.gov or (515) 281-5926 at the Iowa Attorney General's Office. Page 89 of 418 DocuSign Envelope ID:33A866A2-125A431A-AB2D-02659246D244 Subdivision Janssen Settlement Participation Form Governmental Entity: Waterloo city State: IA Authorized Signatory: Quentin Hart Address 1: 715 Mulberry street Address 2: City, State, Zip: Waterloo Iowa 50703 Phone: 319-291-4301 Email: mayor@waterloo-ia.org The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 ("Janssen Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity's election to participate is specifically conditioned on the Iowa Opioid Allocation Memorandum of Understanding ("MOU")becoming effective by that MOU being executed both by the State, Litigating Local Governments comprising 95% of the total Litigating Local Government population and Local Governments comprising 80% of the total population of eligible Primary Subdivisions as defined and described in in the Settlement Agreements with a population over 30,000. Should the Iowa Allocation Memorandum of Understanding fail to become effective, this Election and Release shall be deemed void and no claims shall be released. 3. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. 4. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 5. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 6. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. D D 1I~ Page 90 of 418 DocuSign Envelope ID:33AB66A2-125A-431A-AB2D-02659246D244 8. The Governmental Entity has the right to enforce the Janssen Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor,provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 10. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Janssen Settlement. 11. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently fiom the Janssen Settlement in any respect, the Janssen Settlement controls. 2 � Page 91 of 418 DocuSign Envelope ID:33A866A2-125A431A-AB2D-02659246D244 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. oocu5igned by. 1 Signature: QOAA t tV, �avt Name: Quentin Hart Title: Mayor Date: 12/9/2021 3 Page 92 of 418 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 25 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$3,021, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/10/2021 ATTACHMENTS: Description Type ❑ Change Order#25 - 5 Bros Addition Reno Backup Material Motion to approve Change Order No. 25 with Cardinal Construction, Inc., SUBJECT: of Waterloo, Iowa, for a net increase of$3,021, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: ASI 10: Corridor 102 Ceiling Change: Gypsum board assemblies, acoustical ceiling. Page 93 of 418 X11.1; Document G701 " - 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:025 Addition and Renovation,Waterloo,IA. Project No:20-23943 Date:September 08,2020 Date:December 9,2021 OWNER:(Name and address) ARCHITECT:(Nance and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 3 14 East 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,IA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description oj'the change and,ij'applicahle,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives.) A. ASI 10: Corridor 102 Ceiling Change: Gypsum board assemblies,acoustical ceiling.....................Add $3,021.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$3,021.011. The original Contract Sum was $ 5,516,300,00 The net change by previously authorized Change Orders $ 418,728.30 The Contract Sum prior to this Change Order was $ 5,935,028.30 The Contract Sutn will be increasers by this Change Order in the amount of $ 3,021,00 The new Contract Sum including this Change Order will he $ 5,938,049.30 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 22,2021, NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and tune have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER, I&S Group,Inc.(ISG) Cqrdinal Construction,Inc. City of Waterloo ARCHITECT(Firm name) C ACTOR(Firm name) OWNER(Firm narrfe) �� SIGNATURE SI TURE SIGNATURE Nathan Compton,Architect Katy Susong,President Quentin Hart,Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE December 9,2021 12-10-2021 DATE DATE DATE AIA document G701"—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"Amorican Institute of Architects; "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 16:40:46 CT on 12/09/2021 under Order No.9261462824 which expires on 0711212022,is not for resale,is licensed for one- time use only,and may only be used In accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (369ADME) Page 94 of 418 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 26 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$6,608, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/14/2022 ATTACHMENTS: Description Type ❑ Change Order#26 - 5 Bros Addition-Reno Backup Material Motion to approve Change Order No. 26 with Cardinal Construction, Inc., SUBJECT: of Waterloo, Iowa, for a net increase of$6,608, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval C OR 19: Cost to add 3" roof drain to S kywalk to drain area of S kywalk Summary Statement: roof where water is trapped and flowing over the side of the building and into the new intake louver. Page 95 of 418 AIA Document G701 Cr-ill Change Order PROJECT:(Name and address) CONTRACT INFORMATION; CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:026 Addition and Renovation,Waterloo,IA, Project No: 20-23943 Date: September 08,2020 Date:December 10,2021 OWNER:(Name and address) ARCHITECT:(Name and adelres.$) CONTRACTOR:(Name and address) City of Waterloo 1&S Group,Inc,(ISG) Cardinal Construction,Inc. 715 Mulberry Street 3 14 Fast 4th Street 1246 Martin Road Waterloo,to 50703 Waterloo,IA 50703 Waterloo,to 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,ij'applicable,attach or reference specific exhibits.Also include agreed upon adjastinents attributable to evecated Canwraction Change Directives.) A. COR 19: Cost to add 3"roof drain to Skywalk to drain area of Skywalk roof where water is trapped and flowing over the side of the building and into the new intake louver..........................Add ` 6,608.011 TOTAL AMOUNT Or, THIS CIFIANGE ORDER,ADD TO CONTRACT SUM$6,608.00. The original Contract Stan was $ 5,516,300.00 The net change by previously authorized Change Orders $ 421,749.30 The Contract Sum prior to this Change Order was $ 5,938,049,30 The Contract Sum will be increased by this Change Order in the amount of $ 6,608.00 The new Contract Sum including this Change Order will be $ 5,944,657.30 The Contract Time wilt be unchanged by Zero(0)days. The new date of Substantial Completion will be August 22,2021. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc-(ISG) C d' 1 Construction,Inc. City of Waterloo _ ARCHITECT(Firm name) CrIACTOR(Firm name) OWNER(Turn name) �y SIGNATURE SIGNATURE SIGNATURE Nathan Compton,Architect ^� Katy Susoug,President Quentin Hart,Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE December 10,2021 December 13,2021 DATE DATE DATE AIA Documant 6701'—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architocis.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission,This document I was produced by AIA software at 15:19:56 CT on 12110!2021 under Order No.9281462824 which expires on 0711212022,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service,To report copyright violations,e-mail copyright@aia.org. User Notes: (3139ADA4C Page 96 of 418 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 12/20/2021 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 12.20.2021 Backup Material SUBJECT: Bonds. Page 97 of 418 BONDS FOR COUNCIL APPROVAL December 20, 2021 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 7901084894 REX CONCRETE, INC. CEDAR RAPIDS, IA W150424546 TEAM SERVICES, INC. DES MOINES, IA Page 98 of 418 CITY OF WATERLOO Council Communication Request by Viola Sailor, Glen Moore, and Merville Howard to vacate and leave in place 274 linear feet of sidewalk, located on the south side of Gable Street west of Ankeny Street. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type ❑ City Council Packet Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance SUBJECT: approving a request by Viola Sailor, Glen Moore, and Merville Howard to vacate and leave in place 274 linear feet of sidewalk, located on the south side of Gable Street west of Ankeny Street, and authorizing the Mayor and City Clerk to execute said documents. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request by by Viola. Sailor, Glen Moore, and Merville Howard to vacate and leave in place 274 linear feet of sidewalk, located on the south side of Gable Street west of Ankeny Street. The applicants are requesting to vacate 274 linear feet of public sidewalk, so the owners will no longer have to maintain the sidewalk. The request to vacate the public sidewalk and leave it in place would not appear to negatively affect the pedestrian and traffic movements in this area. Because of the narrowness of the Gable Street right-of-way and pavement, and lack of curb and gutter, the sidewalk is currently used by both pedestrians and vehicles. The vacating of the sidewalk and leaving it in place may be contrary to the City's complete streets policy because this section of sidewalk that links up to existing sidewalk along Ankeny Street, however it is a very unique situation. The sidewalk would no longer function as sidewalk, but rather as part of the street. The Complete Streets Advisory Committee reviewed the Page 99 of 418 request and did not express a concern with the vacate. The site has been zoned"R-2" One and Two Family Residence District since the adoption of the Zoning Ordinance in 1969. The surrounding land use is residential and zoned "R-2"One and Two Family Residence District to the north, south, east, and west. The request to vacate and leave the sidewalk in place would not appear to negatively affect the area and traffic conditions. Because of the narrowness of the Gable Street right-of-way and pavement, and lack of curb and gutter, the sidewalk is currently used predominately by vehicles. Summary Statement: There are three options for this request: The first option is deny the request and keep the sidewalk as is. The property owners will still be required to maintain and repair the sidewalk. The second option is to vacate the sidewalk as a public sidewalk and leave the pavement in place. This removes the maintenance and repair requirements for the homeowners. Public Works will need to include this sidewalk into their pavement maintenance plans for Gable Street, likely leading to the removal of the sidewalk and replacing it with seal coat the next time Public Works does maintenance on the street. The third option is to vacate and remove the sidewalk, backfill the area with soil, and reestablish grass. The property owners would be responsible for this cost. This would also narrow the traveled pavement width and make passage along this street more difficult. Further complicating the matter is the legal status of the sidewalk and a portion of the abutting Gable Street pavement. Per current Black Hawk County real estate mapping, the sidewalk and the southerly 5 feet of Gable Street pavement are on private property. This situation has existed since at least the early 1980's (as seen in Black Hawk County aerial maps) and is likely to have existed prior to then. A prescriptive easement for public street and sidewalk across these properties may be in place. If the sidewalk is to be vacated and removed, the City may wish to pursue relocating Gable Street into the platted right-of-way. This will also require reconstruction of the driveways and relocation of utilities along this block of Gable Street, a costly venture. It would appear that the best option to move forward with would be to vacate the sidewalk, but leave it in place. The Planning and Zoning Commission unanimously recommended approval of the vacate request at their regular meeting on November 9, 2021. The applicants are requesting to vacate the sidewalk and leave it in place. The sidewalk is along the south side of Gable Street and connects to existing sidewalk along the west side of Ankeny Street, but Gable Street is a dead- end street, and the sidewalk is directly abutting the street of a narrow semi- improved seal coat street with a narrow right-of-way, with the existing public sidewalk being located on the applicant's private property. Page 100 of 418 Therefore, staff recommends the request by Viola Sailor, Glen Moore, and Neighborhood Impact: Merville Howard to vacate and leave in place 274 linear feet of public sidewalk on the south side of Gable Street west of Ankeny Street, located in the"R-2" One and Two Family Residence District, be approved for the following reasons: 1. The sidewalk is directly adjacent to a roadway without curb and gutter and is continually being broken by heavy vehicles, such as garbage trucks. 2. The request to vacate would allow the city to take it over, and better maintain the sidewalk as part of the roadway. Data/Analysis and Strategies: City Sidewalk Vacate Expenditure Required/Source of None Funds: Page 101 of 418 December 20,2021 REQUEST: Request by Viola Sailor, Glen Moore, and Merville Howard to vacate and leave in place 274 linear feet of sidewalk, located in the "R-2" One and Two-Family Residence District on the south side of Gable Street west of Ankeny Street. APPLICANT(S): Glen Moore, 88 Gable Street,Waterloo, IA 50703; Joe &Viola Sailor, 629 Ankeny Street,Waterloo, IA 50703; and Merville Howard, 74 Gable Street, Waterloo, IA 50703. GENERAL The applicants are requesting to vacate 274 linear feet of public DESCRIPTION: sidewalk, so the owners will no longer have to maintain the sidewalk. aT r Or k It - 5{ IMPACT ON The applicants are requesting to vacate the sidewalk and leave it in NEIGHBORHOOD & place. The sidewalk is along the south side of Gable Street and SURROUNDING LAND connects to existing sidewalk along the west side of Ankeny Street, USE: but Gable Street is a dead-end street, and the sidewalk is directly abutting the street of a narrow semi-improved seal coat street with a Sidewalk Vacate-Gable Street west to Ankeny Street Page 1 of 5 Page 102 of 418 December 20,2021 narrow right-of-way, with the existing public sidewalk being located on the applicant's private property. VEHICULAR& The request to vacate the public sidewalk and leave it in place would PEDESTRIAN TRAFFIC not appear to negatively affect the pedestrian and traffic movements CONDITIONS: in this area. Because of the narrowness of the Gable Street right-of- way and pavement, and lack of curb and gutter, the sidewalk is currently used by both pedestrians and vehicles. RELATIONSHIP TO The vacating of the sidewalk and leaving it in place may be contrary RECREATIONAL to the City's complete streets policy because this section of sidewalk TRAIL PLAN and links up to existing sidewalk along Gable Street, however it is a very COMPLETE STREETS unique situation. The sidewalk would no longer function as POLICY. sidewalk,but rather as part of the street. ZONING HISTORY FOR The site has been zoned"R-2" One and Two Family Residence SITE AND IMMEDIATE District since the adoption of the Zoning Ordinance in 1969. VICINITY: The surrounding land use is residential and zoned"R-2"One and Two Family Residence District to the north, south, east, and west. BUFFERS REQUIRED/ The request would not require any buffering by ordinance standards. NEEDED: DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT The area primarily consists of single-family homes constructed HISTORY: between the 1890's and the 1930's. FLOODPLAIN: The vacate area is in Zone X—Protected by Levee, and is not located in a special flood hazard area as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0189F. PUBLIC /OPEN East High School is approximately one mile to the southeast and SPACES/ SCHOOLS: George Washington Carver Middle School is located approximately 2,200 feet to the northwest. The nearest open space is George Washington Carver Middle School and Gates Park. WUTILITIES: WATER, The sidewalk vacate area does contain an 8" sewer main and 6" SANITARY SEWER, water main underneath Gable Street, but it would not be impacted by STORM SEWER, ETC. the vacate. RELATIONSHIP TO The area on the future land use map is Low Density Residential. The COMPREHENSIVE proposed vacate is in compliance with the future land use map. LAND USE PLAN: STAFF ANALYSIS— The request to vacate and leave the sidewalk in place would not ZONING ORDINANCE: appear to negatively affect the area and traffic conditions. Because of Sidewalk Vacate-Gable Street west to Ankeny Street Page 2 of 5 Page ?03 of 418 December 20,2021 the narrowness of the Gable Street right-of-way and pavement, and lack of curb and gutter, the sidewalk is currently used predominately by vehicles. There are three option for this request: • The first option is deny the request and keep the sidewalk as is. The property owners will still be required to maintain and repair the sidewalk. • The second option is to vacate the sidewalk as a public sidewalk and leave the pavement in place. This removes the maintenance and repair requirements for the homeowners. Public Works will need to include this sidewalk into their pavement maintenance plans for Gable Street, likely leading to the removal of the sidewalk and replacing it with seal coat the next time Public Works does maintenance on the street. • The third option is to vacate and remove the sidewalk, backfill the area with soil, and reestablish grass. The property owners would be responsible for this cost. This would also narrow the traveled pavement width and make passage along this street more difficult. Further complicating the matter is the legal status of the sidewalk and a portion of the abutting Gable Street pavement. Per current Black Hawk County real estate mapping, the sidewalk and the southerly 5 feet of Gable Street pavement are on private property. This situation has existed since at least the early 1980's (as seen in Black Hawk County aerial maps) and is likely to have existed prior to then. A prescriptive easement for public street and sidewalk across these properties may be in place. If the sidewalk is to be vacated and removed, the City may wish to pursue relocating Gable Street into the platted right-of-way. This will also require reconstruction of the driveways and relocation of utilities along this block of Gable Street, a costly venture. It would appear that the best option to move forward with would be to vacate the sidewalk, but leave it in place. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on November 9, 2021. Sidewalk Vacate-Gable Street west to Ankeny Street Page 3 of 5 Page 1b4 of 418 December 20,2021 f 1, F- Picture 1: Looking along Gable Street from Ankeny Street. { r Ph k Picture 2: Zoom shot along Gable Street. STAFF ANALYSIS — There would be no platting required in relation to the request. SUBDIVISION ORDINANCE: STAFF Sidewalk Vacate-Gable Street west to Ankeny Street Page 4 of 5 Page �05 of 418 December 20,2021 RECOMMENDATION: Therefore, staff recommends the request by Viola Sailor, Glen Moore, and Merville Howard to vacate and leave in place 274 linear feet of public sidewalk on the south side of Gable Street west of Ankeny Street, located in the "R-2" One and Two Family Residence District, be approved for the following reasons: 1. The sidewalk is directly adjacent to a roadway without curb and gutter and is continually being broken by heavy vehicles, such as garbage trucks. 2. The request to vacate would allow the city to take it over, and better maintain the sidewalk as part of the roadway. Sidewalk Vacate-Gable Street west to Ankeny Street Page 5 of 5 Page 1D6 of 418 City of Waterloo City Council December 1 2021 ME ME 11 EM UNINE - -- mom - -- -- -- -- -- - - -- -- -- - - - ■ - -- -- .+- -- ,-- .1 ■� ��■ _III 111111 � �• -- -- - - - � . - - _ X111 11 �� • � '7i► _- __ = it 1= -111 IIIA _ _ ■111■ 111 - �� __ � � - 11 • 11 11� 1111111 - i�1111 _ ■111 1 - - — 1111- • ■ ■■ ■■ _ ■ !. _ ■1111 1111111 ;, �- . -- __ __ -= _- � !►. 111_ ■1111 1= ■ 1��_ ;�■ __ . .. ; �■ 1111- .. .1111 . 111111 11 I■ C 111111= --J► _ - - - �� - , � i ;�■��■■■■■ - = 1■ X111111■ ■IIII► ■_ ■■ ■■ ■ � � =�=111■ ■1111 1■III . 1111111 ■11 11 - -11■ :•111111111111 _ _ 1111 11111 _ _ (IIIIIIII► �- 111= 1■ II ��III■ 1111 1111 _IIIIIIII�a .,�, _ _ �� ` ■ � ■ ■■ ■� • 1111= 111= -� ■� ■ 11= =111. 111111_ 11111 - 1■ IIIIIIII■ _IIIIIIII. - — 11111Sol 11. 01111111� i11111 _ 11�. X111 1= _ � \I■ - ■ -- 111111111= _ . 1111 = � ��_ G�� SII _�� _ . __ ■, �� _ 1 IIIIIIII■ - 11 1111`: : �■ ■_i : i. —111 III L VIII 111■1 • ■■ � �� =� � ■ 111 1%I1111II 1111111 —1■ =iii iiu 111111 1111111111 ■1111 — �111■�■ =III ■ 1 � �'� - _ - \I■-�I� 11� ■11 =1111 � _ _■ =11■ ■II 11111■ -III 1 1111111 � t,''11111�- 11111■�C11 11111111 =!1 ■111 II ■111��11111111111111111 � ,_� ■L I 1111111 � • 11111111 111= I II■ 1111111 SII0 _ III ■ ■I■�(IIIIIIII Illll _ •��- :1 , '� - ! _ 1 111111 IIIIIIIIII ISI �I■_ I=i • 1111 �`i■ - ■I - 11111- _ 11.1.11111 • .11 � \• _ 1 _ _1111 IIIIIIII IIII •�• :�� ►' = 1 � -11 II■� � :111111: Illllllli :II■ I• �, II -•., `��illl■IIIIIIm1 - .111E illlll . - \ 111111, ., 111 _ ' �� 11111 . 11" � 1 '11'11 • �•� ' �n I, =. ■■ ■ Ili■ ' 1 1 ■ �1 =_ ■■ - - -'�♦� I" � �11� = OWE 111� III Gableof Ankeny ►- Sidewalk Vacate ••T1/ �jViola Sailor, Moore, 500 250 0 500erloo °� Howard OTTERROTTTTET9 Feet '.•- %7 of City of Waterloo City Council December 20, 2021 �,:, MOSLEY ST Ail- r ?�; ►, ti ,,IT - y 'Air GABLE ST' H zHAWVER CT ,_1.1\ t N Gable Street west of Ankeny Street W E Sidewalk Vacate s Viola Sailor, Glen Moore, Merville • Howard Page 1'08 of 418 -77 IF tit �s7c.,. .C►'f •+Syf. .pct- � �.. :.!!"�'_m\1f1"/J`+n'L• _ _ - t�r - -�= - PLEASE NOTE 325 Sycamore Street THIS MAP DOES NOT REPRESENT A SURVEY,NO LIABILITY IS ASSUMED P o BOX 27 FOR THE ACCURACY OF THE DATA DELINEATED HEREIN,EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY OR THE WATERLOO WATERLOO 'ryi WATER • ;KS Waterloo Iowa 50704 WATER WORKS OR THEIR EMPLOYEES.BLACK HAWK COUNTY AND THE - -- WATERLOO WATER WORKS MAKES NO WARRANTY,EXPRESSED OR Ph 319-232-6280 Fax 319-232-1962 IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS 4 MAP,AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY. r�] 8 a e 109 of 418 City of Waterloo Planning& Zoning Department 715 Mulberry Street,Waterloo,Iowa 50703 (31.9)291-4366 ❑ Offer to Vacate and Purchase City Right-of-Way 0 Request to Vacate Easement,Vacate or Encroachment Agreement ❑ Sale of City-Owned Property VI-014 541 ft,- 3��a �— rg4-1 Applicant: Address: Phone No.l jiPli—_` 0—�19 MM4111e Jlowa General Description of Property to Vacated(i.e.- alley between A St. &B St., South of C St.): Legal description of area to be conveyed, /vacated, or encroached: ken - e enI;r ! � e4eS� ®v�d� �r,6Je y =d' ccn�� 1keny ti 64 Ie 71'$ cv,a +4� ( ab)F 1. .A,non-refundable Jiiling fee(s) shall be made as follows(checks payable to City of Waterloo): ® Right-of-way vacation–One Hundred Seventy Five Dollar($175,00)Filing Fee + Easement or sidewalk vacation–Seventy Five Dollar($75.00)Filing Fee Encroachment–One Hundred Dollar($100.00) Filling Fee • Sale of city-owned property not required to be vacated–No Fee • Any request not meeting the Sale of Property Policy–One hundred Dollar($100.00)Fee 2. Offer Priee*[Note: 1•f 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 S yrs(8 yrs inside of the CC1"12A): Costs(surveying&mise., demolition,remove of curbs, etc): Asking price–Deductions= Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intout to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property policy shat[not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4_ Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the axea to be vacated if the request involves additional construction as the reason for the request. ' 10A �k Aa 0A eXQppl scant Date `Not required for easement vacates sidewalk vacates or Encroachment Agreements Page P10 of 418 CITY OF WATERLOO Council Communication Request by Terry Gibbs, d/b/a B&G Builders, to rezone 0.749 acres from"R-2"One and Two-Family Residence District to "M-1"Light Industrial District located adjacent to 517 Rhey Street City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance SUBJECT: amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving request by Terry Gibbs d/b/a B&G Builders, to rezone 0.749 acres from"R-2" One and Two-Family Residence District to "M-l"Light Industrial District, located adjacent to 517 Rhey Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by the Terry Gibbs dba B&G Builders to rezone 0.749 acres from"R-2" One and Two-Family Residence District to Summary Statement: "M-1"Light Industrial District located adjacent to 517 Rhey Street. The Planning and Zoning Commission voted 8-1 to recommend approval of the request at their November 9, 2021 Meeting. The request would not appear to have a negative impact on the neighborhood as the properties in question are already owned by the applicant. The request would not appear to have an impact on vehicular or pedestrian traffic movements in the area. The area is served by Rhey Street, Courtland Street, and Fowler Streets which are classified as local streets, and Vinton Street which is classified as a Collector. All streets have sidewalks except for Courtland Street to the north. The nearest trail is the Vinton Street trail is located 0.035 miles to the Page 111 of 418 northwest. The lots south of 517 Rhey Street are zoned"R-2" One and Two-Family Residence District and has been zoned as such since the adoption of Zoning Ordinance 2479 in 1969. Surrounding uses and zoning: North— Residential zoned"R-3"Multiple Residence District. South—Fowler Street and residential zoned"R-2" One and Two-Family Residence District. East—Residential and Commercial zoned "R-2"One and Two-Family Residence District and"M-1"Light Manufacturing District. West— Residential zoned"R-3"Multiple Residence District and"R-2" One and Two Family Residence District. The request would not appear to have an impact on vehicular or pedestrian traffic movements in the area. The area is served by Rhey Street, Courtland Street, and Fowler Streets which are classified as local streets, and Vinton Street which is classified as a Collector. All streets have sidewalks except for Courtland Street to the north. The nearest trail is the Vinton Street trail is located 0.035 miles to the northwest. The lots south of 517 Rhey Street are zoned"R-2" One and Two-Family Residence District and has been zoned as such since the adoption of Zoning Ordinance 2479 in 1969. Surrounding uses and zoning: North— Residential zoned"R-3"Multiple Residence District. South—Fowler Street and residential zoned"R-2" One and Two-Family Residence District. East— Residential and Commercial zoned "R-2"One and Two-Family Neighborhood Impact: Residence District and"M-1"Light Manufacturing District. West— Residential zoned"R-3"Multiple Residence District and"R-2" One and Two Family Residence District. The applicant is requesting to rezone 0.749 acres of land to the"M-1"Light Manufacturing District in order for all his land to be in the same zone and be used as part of his business. The lots to the south of 517 Rhey Street are currently zoned "R-2"One and Two-Family Residence District and the rest of the property is zoned "M-1". The applicant purchased all but one of the lots to the south of 517 Rhey Street in 1999 with one lot being purchased in 2020. The applicant purchased the former railroad right-of-way in 2011 from the Chicago, Central, and Pacific Railroad. The applicant requested the four lots along Fowler Street along with a lot along Rhey street to be rezoned however, staff added the vacated alley immediately to the south of 517 Rhey Street so zoning would be consistent. Currently, one of the lots has been fenced in and has been used for storage of commercial equipment however, that lot is not currently zoned to allow for commercial uses. The fencing used is industrial in nature and does not match the residential character of the surrounding area but has been there since far back as the 1980's. The applicant does not have plans at the present time to build on any of the properties. At their November 9th meeting, the Planning, Programming and Zoning Commission vote 8-1 to recommend approval of the rezone request. Page 112 of 418 The applicant is not planning on subdividing the property. Therefore, staff recommends that the request by Terry Gibbs dba B&G Builders to rezone 0.749 acres from"R-2"One and Two-Family Residence District to "M-1"Light Industrial District located adjacent to 517 Rhey Street be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact on traffic conditions in the area. Data/Analysis and Strategies: Zoning, Land Use and Economic Development. Expenditure Required/Source of None Funds: Lot 6, Lot 7, Lot 8, Lot 9, and the 20 Foot Wide Alley as platted in block 2 Legal Descriptions: of Zollingers Addition. Page 113 of 418 Staff Person: John Dornoff Date: November 9, 2021 Subject: Request to rezone from "R-2" to "M-1" REQUEST: Request by Terry Gibbs dba B&G Builders to rezone 0.749 acres from "R-2" One and Two-Family Residence District to "M-1" Light Industrial District located adjacent to 517 Rhey Street. L n � —oNElDasr ua Y ¢ h R-3.R-P � v w Il ¢ m o WfLCOW.ST m ? C-1—SHILLfAMAVE—m C- C-P - a � ��3R3 LBANrsr Ao'y RIMAN Sr �-' R-3, M-1 DoucLAssTz R !NO yR CR - 3 y VfNE ST VINE 57 , ° � h < � � w PROSPECTAVE-z—pROSPECTA6 ~ cn 3 ti I O �� z � GLENWOGD ST T V' K ALTAVISTA AVE SiTH sr � R-2 T \3 U C-2 woEPENOENCEAVE R-3 / C-P R-3 C-1 C\1 �OE Oz—COURTIANasr MAolson 1 ST LR12 I �Py � R°wiER sr R-2, RL3 sr C-2i C-Z POLKsr C-2;C-Z FRANKLIN ST— R 2,C Z Q 0-3'/C-2 C-2 �FRENCHST rl rSyC9�0 y� M 2 y C-Z , MULBERRY ST-? o M-1 ESSOC -DR I 2 R� w -,-1 S'_�,� AFq y�TT�r q ARCHER AVE O\ �'`I111 O L r- C-2 �M-2 ? I eO a w —BUTLER AVE L��O ITM R,4 �O0 `n I �OO� �O 1 M-1 COTTACEGROVE IvE—� ` O ti z y DEARBORNAVE-o N M-2 R4rHST\¢ C_1^s -PI4 a `C-1,C-ZAP TZ ST ti N�) \ �y� 4 M-1 w Cz. �h /�Li ^N \ q� ` i \V Z v�sT� M-1 �ArERsr A-1 APPLICANT: Terry Gibbs DBA as B&G Builders, 517 Rhey Street, Waterloo, Iowa 50703. GENERAL The applicant is requesting to rezone the property in question so that DESCRIPTION: all his properties are under the same zoning. Adjacent to 517 Rhey Street-rezone from"R-2"to"M-1" PcfgIf 1 off of 418 - � 517 Rhey Slreet !TdW ` Former Illinois Centeral Railrpad _ J CORRTlAND ST 07 y � z n . II (n. . -- - ........ FOWLLR ST -. Properties Requesting Rezone - - V S� l5'� 1 1 IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & neighborhood as the properties in question are already owned by the SURROUNDING applicant. LAND USE- Adjacent to 517 Rhey Street-rezone from"R-2"to W-1" Pdg@P III of 418 3 Picture 1:Looking at homes on the south side of Fowler Street. VEHICULAR & The request would not appear to have an impact on vehicular or PEDESTRIAN pedestrian traffic movements in the area. The area is served by Rhey TRAFFIC Street, Courtland Street, and Fowler Streets which are classified as CONDITIONS: local streets, and Vinton Street which is classified as a Collector. RELATIONSHIP TO All streets have sidewalks except for Courtland Street to the north. RECREATIONAL The nearest trail is the Vinton Street trail is located 0.035 miles to the TRAIL PLAN AND northwest. COMPLETE STREETS POLICY: ZONING HISTORY The lots south of 517 Rhey Street are zoned "R-2" One and Two- FOR SITE AND Family Residence District and has been zoned as such since the IMMEDIATE adoption of Zoning Ordinance 2479 in 1969. Surrounding uses and VICINITY- zoning- North — Residential zoned "R-3" Multiple Residence District. South — Fowler Street and residential zoned "R-2" One and Two- Family Residence District. East — Residential and Commercial zoned "R-2" One and Two- Family Residence District and "M-1" Light Manufacturing District. West — Residential zoned "R-3" Multiple Residence District and "R-2" One and Two Family Residence District. Adjacent to 517 Rhey Street-rezone from°R-2°to°M-1" Pdg@f 1116 of 418 R'2- C-1 1' R-3,, Former Illinois Centeral Railroad r i Yu. 517 Rhey Street c URTLANDST is R- F if Cr z i —FOWLER ST IF FOWLER ST -- - - --- a R2 . f e Properties Requesting Rezone R-2,C i i r 1 DEVELOPMENT The building at 517 Rhey Street was built in 1946 and surrounding HISTORY: residences were built between 1891 and 1967 BUFFERS/ Buffering will be required to the home that is located on the north SCREENING side of Fowler Street. REQUIRED: DRAINAGE: A drainage plan will not be needed for the rezoning, however, a drainage plan will need to be included with any development that occurs at the site. FLOODPLAIN: No portion of the property in question is located in a special flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025, and Panel Numbers 0302F, dated July 18, 2011. Adjacent to 517 Rhey Street-rezone from°R-2"to W-1" Pdg@f 117 of 418 PUBLIC /OPEN Highland Elementary School is located 0.707 miles to the southeast, SPACES/ George Washington Carver Academy is located 1.98 miles to the SCHOOLS: northwest, and East High School is located 0.540 miles to the northwest. UTILITIES: WATER, There are 8" sanitary sewer lines located in Courtland, Rhey, and SANITARY SEWER, Fowler Streets. STORM SEWER, ETC: RELATIONSHIP TO The Future Land Use Map designates the rezone area Low-Density COMPREHENSIVE Residential. The request is not consistent with the Comprehensive LAND-USE PLAN: Plan and Future Land Use Map, however the area has been used for commercial/industrial uses with the main site that is already zoned "M-1" Light Industrial District. - r - - - - Former Illinois Centeral Railroad -- .... ---=_ 517 Rhey Street C OP LAND ST— Ilk T tall �- z TVs - FOWLER ST FOWLER ST - Properties Requesting Rezone {I l w L Legend rr Agriculture Vacant Agnoulture,Residential(possibly) Low Density(1&2 Family) - Mixed Residential Low,Medium,High Density Residential;Professional Offices ®Mixed Commercial:Medium to High Density Residential;Professional Offices,Neighborhood Commercial _commercial -Business Park:Professional Offices,Commercial with Compatible Light Industrial _Industrial Parks.Open Spaces,Schools,Hospitals,Government Fac,Public Areas,Airport _Semi-Public,Utilities,Hospitals Adjacent to 517 Rhey Street-rezone from"R-2"to"M-1" Pdg@f 1119 of 418 STAFF ANALYSIS — The applicant is requesting to rezone 0.749 acres of land to the "M- ZONING 1" Light Manufacturing District in order for all his land to be in the ORDINANCE: same zone and be used as part of his business. The lots to the south of 517 Rhey Street are currently zoned "R-2" One and Two-Family Residence District and the rest of the property is zoned "M-1". FF s r i a 1 �k dy Picture 2:Looking at rezone area from Rhey Street. The applicant purchased all but one of the lots to the south of 517 Rhey Street in 1999 with one lot being purchased in 2020. The applicant purchased the former railroad right-of-way in 2011 from the Chicago, Central, and Pacific Railroad. Adjacent to 517 Rhey Street-rezone from"R-2"to W-1" Pdg@f 1119 of 418 Picture 3:517 Rhey Street and alley. The applicant requested the four lots along Fowler Street along with a lot along Rhey street to be rezoned however, staff added the vacated alley immediately to the south of 517 Rhey Street so zoning would be consistent. I t Picture 4:Looking west along vacated alley. Adjacent to 517 Rhey Street-rezone from"R-2"to"M-1" Pdg@f i 2 of 418 Currently, one of the lots has been fenced in and has been used for storage of commercial equipment however, that lot is not currently zoned to allow for commercial uses. The fencing used is industrial in nature and does not match the residential character of the surrounding area but has been there since far back as the 1980's. ., t �.•`�_ - -� �;. �� IIF n .q i �l 3 - . fix _ •... Picture 5:Looking north from Fowler Street toward lot that has fencing and adjoining lot. i Picture 6:Fenced area along Fowler Street. Adjacent to 517 Rhey Street-rezone from"R-2"to"M-1" Pdg@P 12T of 418 The applicant does not have plans at the present time to build on any of the properties. At their November 9t" meeting, the Planning, Programming and Zoning Commission vote 8-1 to recommend approval of the rezone request. STAFF ANALYSIS — The applicant is not planning on subdividing the property. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request by Terry Gibbs dba RECOMMENDATION: B&G Builders to rezone 0.749 acres from "R-2" One and Two-Family Residence District to "M-1" Light Industrial District located adjacent to 517 Rhey Street be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact on traffic conditions in the area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. 2. Any outside storage will need to be evaluated for compatibility with the neighboring residential. 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Ak. SouthOf 517 Rhey Street Rezone from "R-2" to "M-111 Terry Gibbs dba B&G Builders��erloo �o Page 4 of 418 APPLICATION FOR REZONING r�'� � CITY OF WATERLOO PLANNING, PROGRAMMING, OC P AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: 2 / a. Applicant's name(please print): % ; Ioa Address: q S-i„ et Phone: "��- f� �� _Fax: City:—� State: JU Zip: 5t32,73 Email:' - Na% Z44,P. 2 7"' b. Status of app ica t: (a)Owner(b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: Email: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: 57/ b. Legal description of property to be rezoned: a4c,i s y-p Z Ga c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: 9I1 , ��,7� ,QRSquested zoning: f. Reason(s) for rezoning and proposed uses)o p6ty: � �ijy�� f1 �t- �„`� Y�s g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$300+$10 per acre ($750 mag) (payable to the City of Waterloo) is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same j or portion of the same property shall be filed with or considered by the Planning,Programming, and Zoning Commission until four(4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the j Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. E c Signature of Applicant Date Sigfk6re of ner Date Page 125 of 418 CITY OF WATERLOO Council Communication Sale and conveyance of City property and grant of a permanent easement located south of 804 Logan Avenue, in the amount of$1.00, to the State of Iowa. City Council Meeting: 12/20/2021 Prepared: 11/24/2021 ATTACHMENTS: Description Type ❑ City Acquisition Letter Backup Material ❑ City Instructional Memo-Publication Backup Material ❑ City Quitclaim Deed Backup Material ❑ City Quitclaim Easement ingress eagress Backup Material ❑ City Resolution Backup Material ❑ Draft Agreement Backup Material ❑ Parcel 73S Backup Material Motion to receive and file proof of publication of notice of public hearing HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City property and grant of a permanent easement located south of 804 Logan Avenue to the State of SUBJECT: Iowa ' the amount of$1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Purchase Agreement with the Iowa Department of Transportation, acting for the State of Iowa, for a portion of vacated Webster Street, and autorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City has been working with the Iowa DOT on the reconstruction of US Highway 63, and the DOT has requested that a small parcel of ground that is Summary Statement: currently in the name of the City of Waterloo be transferred to the DOT as it has subdrain infrastructure for the highway, as well as a permanent easement across additional City of Waterloo owned land to provide access to the property to be conveyed. Data/Analysis and Strategies: Sale of Property Expenditure Required/Source of None Funds: Page 126 of 418 A parcel of land located in part of Lots 17, 18, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown on acquisition plat, Exhibit "A", attached hereto and by reference made a part hereof. THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Lot 1 of said Auditor Rainbow's Plat No. 4; thence S O1°09'06"E 74.55 feet along the West line of said Lot 1 and East line of Logan Avenue to the Existing Northerly right of way line of the Chicago Central and Pacific Railroad Company; thence S 49018'04"E 237.25 feet along said Existing Northerly right of way line to the point of beginning; thence continuing along said Northerly right of way line S 49018'04"E 36.93 feet; thence N 00000'00"E 62.77 feet; thence S 90°00'00"W 28.00 feet; thence S 00°00'00"W 38.68 feet to the point of beginning. Said parcel contains 1,420 Square Feet. Legal Descriptions: AND A parcel of land located in part of vacated Webster Street, Lots 15, 16, 17, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown on Graphic Exhibit "A", attached hereto and by reference made a part hereof. THE EASEMENT RIGHT GRANTED FOR INGRESS/EGRESS PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: Bounded on the Southwest by the Northerly right of way line of the Chicago Central and Pacific Railroad; on the East by the west line of the parcel of land acquired by the State of Iowa on , in Bk Pg "; on the Northeast by a line 29.32 feet Northerly of and parallel with the Northerly right of way line of the Chicago Central and Pacific Railroad; on the North by the south line of lot 1 of said Auditor's Rainbow Plat No. 4; and on the west by the east line of Logan Avenue. Said Ingress/Egress easement contains 6853 square feet. Page 127 of 418 CIOWADOT GETTING YOU THEREMI When corresponding, refer to: Black Hawk County Project: NHSX-63-6(70)--3H-07 Parcel No. 73S Kelley Felchle, City Clerk City of Waterloo 715 Mulberry St. Waterloo, IA 50703 Dear Ms. Felchle: Attached is an Instructional Memorandum for your use in publishing notice of the public hearing that must be held prior to the signing of the purchase agreement, resolution and conveyance document(s). If you would like me to email you a word version of the notice for publication, please contact me at my email address shown below. Please use the forms enclosed. If you feel these forms should be revised, please contact me prior to changing them. Also, please be advised, this office will file all necessary documents with the County Recorder. The State will pay the publication costs directly to the newspaper upon receipt of an original bill, or we will reimburse you with the submittal of a paid receipt. We also require the original proof of publication from the newspaper for recording with the resolution. After the public hearing has been held, please complete the resolution, sign it before a Notary Public, and affix the City seal. Also, both you and the Mayor should sign the purchase agreement and conveyance document(s) before a Notary Public and affix the City seal to each document. Please return the purchase agreement, resolution, conveyance document(s), a proof of publication, and the bill for publishing costs in the envelope provided. Thank you for your cooperation in this highway improvement project. Please contact me if you have any questions. Sincerely, G�- Allyssa yers, Agent Fiscal & Title Section Right of Way Bureau Enc. 515-239-1757 © allyssa.myers@iowadot.us Q Address: 164 515-233-7859 (fax) @ I www.iowadot.gov 800 Lincoln Way,Ames, I/�60128 of 418 INSTRUCTIONAL MEMORANDUM NOTICE OF PUBLICATION SALE OF REAL PROPERTY AND CONVEYANCE OF REAL ESTATE INTEREST CITIES Parcel No. 73S Black Hawk County Project No. NHSX-63-6(70)--3H-07 Primary Road No. US 63 CLERK PLEASE NOTE: Sections 362.3 and 364.7 of the Code of Iowa require cities to publish notice to hold a public hearing before they dispose of the title or interest in real estate. Said published notice shall set forth the date, time and place of the public hearing and must be published at least once, not less than four nor more than twenty days before the date of the public hearing. After the public hearing, the Council may make final determination of the proposal by resolution. CLERK SHOULD DETERMINE place, date and time of REQUIRED PUBLIC HEARING; complete lower portion of form and submit it to a newspaper as defined in Sections 618.3 and 618.14 for REQUIRED PUBLICATION. CLERK SHOULD SECURE two Proofs of Publication sworn to by the publisher or employee of the newspapers, signed and acknowledged to enable recording in the public records with the conveyance document and resolution in accord with Title Standard 2.1 of the Iowa Land Title Examination Standards, adopted by the Iowa State Bar Association. The actual cost of this publication will be reimbursed by the Highway Division of the Iowa Department of Transportation with submittal of bill and Proof of Publication. Instructional Memorandum for City Above Notice Information For Newspaper Below TO WHOM IT MAY CONCERN: NOTICE is hereby given that there is now on file in the office of the Clerk of the City of Waterloo, Iowa, Sale of Real Property and Delivery of Conveyance Resolution No. , under and by virtue of which it is proposed to sell and convey the following described real estate: A parcel of land located in part of Lots 17, 18, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown on acquisition plat, Exhibit "A", attached hereto and by reference made a part hereof. THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Lot 1 of said Auditor Rainbow's Plat No. 4; thence S 01109'06"E 74.55 feet along the West line of said Lot 1 and East line of Logan Avenue to the Existing Northerly right of way line of the Chicago Central and Pacific Railroad Company; thence S 49°18'04"E 237.25 feet along said Existing Northerly right of way line to the point of beginning; thence continuing along said Northerly right of way line S 49118'04"E 36.93 feet; thence N 00°00'00"E 62.77 feet; thence S 90°00'00"W 28.00 feet; thence S 00°00'00"W 38.68 feet to the point of beginning. Said parcel contains 1 ,420 Square Feet. AND A parcel of land located in part of vacated Webster Street, Lots 15, 16, 17, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown on Graphic Exhibit "A", attached hereto and by reference made a part hereof. Page 129 of 418 THE EASEMENT RIGHT GRANTED FOR INGRESS/EGRESS PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: Bounded on the Southwest by the Northerly right of way line of the Chicago Central and Pacific Railroad; on the East by the west line of the parcel of land acquired by the State of Iowa on , in Bk Pg "; on the Northeast by a line 29.32 feet Northerly of and parallel with the Northerly right of way line of the Chicago Central and Pacific Railroad; on the North by the south line of lot 1 of said Auditor's Rainbow Plat No. 4; and on the west by the east line of Logan Avenue. Said Ingress/Egress easement contains 6853 square feet. to the STATE OF IOWA for MUTUAL BENEFIT and Other Valuable Considerations in connection with its improvement of Primary Road No. US 63. Said Resolution and proposal to sell and convey said real estate will come up for public hearing before the Council of the City of Waterloo, Iowa, at o'clock M., on the day of , 20 , and said Resolution, and proposed Purchase Agreement and Quitclaim Deed and Easement for Ingress/Egress are now on file in the office of the Clerk of the City of Waterloo, Iowa. For further particulars, see said Resolution, and proposed Purchase Agreement and Quitclaim Deed and Ingress/Egress now on file. CITY OF WATERLOO, IOWA By: Kelley Felchle, City Clerk Page 130 of 418 C410WADOT Prepared by& Return To: Allyssa Myers, Right of Way Bureau, 800 Lincoln Way,Ames, IA 50010, 515-239-1757 Address Tax Statements: Tax Exempt-IA Code Sec.427.1 (Iowa DOT, ROW-Property Management, 800 Lincoln Way, Ames, IA 50010) QUITCLAIM DEED (CORPORATE GRANTOR) For the consideration of AND NO/100-----($ )-----DOLLARS and other valuable consideration in hand paid by Iowa Department of Transportation, the CITY OF WATERLOO, IOWA, a municipal corporation organized and existing under the laws of the State of Iowa, does hereby convey to the STATE OF IOWA, all its right, title, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: THE RIGHTS, TITLE, CLAIM, INTEREST, IF ANY, GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land located in part of Lots 17, 18, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown on acquisition plat, Exhibit "A", attached hereto and by reference made a part hereof. THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Lot 1 of said Auditor Rainbow's Plat No. 4; thence S 01109'06"E 74.55 feet along the West line of said Lot 1 and East line of Logan Avenue to the Existing Northerly right of way line of the Chicago Central and Pacific Railroad Company; thence S 49°18'04"E 237.25 feet along said Existing Northerly right of way line to the point of beginning; thence continuing along said Northerly right of way line S 49018'04"E 36.93 feet; thence N 00°00'00"E 62.77 feet; thence S 90000'00"W 28.00 feet; thence S 00000'00"W 38.68 feet to the point of beginning. Said parcel contains 1,420 Square Feet. This quitclaim deed is given in fulfillment of a certain Purchase Agreement executed by the grantor on , 20 , and signed by the grantee on , 20 , on file at the Right of Way Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010, except for those terms that survive the execution of this document. The additional amount of$ as agreed to by the aforesaid Agreement, is paid as severance damages to the remaining property and is not subject to real estate transfer tax. This land is being acquired for public purposes and a Declaration of Value is not required. Iowa Code Sec. 428A.1. Black Hawk County Project No. NHSX-063-6(70)--3H-07 City of Waterloo (Parcel No. 73S) Page 1 of 3 Page 131 of 418 This deed and transfer is exempt from transfer tax as the grantor is a political subdivision of the State of Iowa. Iowa Code Sec. 428A.2(6). Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated 20 CITY OF WATERLOO, IOWA By: (Sign in Ink) Quentin M. Hart, Mayor By: (Sign in Ink) (AFFIX CORPORATE SEAL ABOVE) Kelley Felchle, City Clerk STATE OF COUNTY OF ss: On this day of , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in the Resolution adopted by the City Council, under Roll Call No. of the City Council on the day of , 20 , and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. (Sign in Ink) Notary Public. (AFFIX NOTARIAL SEAL ABOVE♦) Black Hawk County Project No. NHSX-063-6(70)--3H-07 City of Waterloo (Parcel No. 73S) Page 2 of 3 Page 132 of 418 6075 634-077 IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT L,IOWADOT EXHIBIT "A " COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. NHSX-63-6(70)--3H-07 PARCEL NO. 73S SECTION 24 TOWNSHIP 89 N RANGE 13 W ROW - FEE 1420 SO. FT. EASE AC, EXCESS - FEE AC ACQUIRED FROM Fd. Square iron pin AUDITOR RAINBOW'S PLAT NO. 4 I Fd. 1 .5" pinched pipe Lot 4 I �Fd. square iron pin Fd. twisted Fd. pinched iron pin pipe I Lot 3 I v I Lot 14 URBAN ACRES Fd. #5 Fd. pinched Rebar �I a pipe w Fd. PipeLot 2 I Fd. 1.5' pinched pipe YPC 386 14 Lot 13 �Fd. 1 .5" pinched pipe A Fd. PipeI"—Fd. 3/4" YPC #386 pipe I Lot 12 Logan Ave. East Line Lot 1 Fd. 1.5" pinched pipe — Vacated Webster St. B EXISTING RDW LINE \ Webster St. Lot Lot Lot Lot — — 15 16 17 18 CITY OF WATERLOO, IOWA QO F E FEE ACQUISITION AREA 1420 SQUARE FEET Lot 23 A-B S 01°09'06"E 74.55' - - B-C S 49°18'04"E 237.25' C pob Lot 48 C-D S 49°18'04"E 36.93' D D-E N 00°00'00"E 62.77' E-F S 90°00'00"W 28.00' F-C S 00°00'00"W 38.68' B-H S 01°09'06"E 343.11' cy O9 y n STA 77+17.20 Lot 1 ,a�l04c p `"�77.79' O I AUDITOR RAINBOW'S fx,/0 'Po n STA 506+95.71 Fd. 5/8 " rebar PLAT NO. 1 P9r�/��ty� YPCSTA 77+55.46 ��9p U � 49.22' Lot 2 n STA 77+55.88 PT STA 74+81 .88 r 77.22' Lot 3 Lot 5 ch/oo 90 c@ �x Lot 4 p Fd. 5/8" rebar with YPC o 'x. 'e y9 N C O J NYPC = YELLOW PLASTIC CAP I hereby certify that this land surveying document was o�A1, LANG S prepared and the related survey worK was preformed by me or SCALE' 1 " = 100' �gti G under my personal supervision and that I am duly licensed �d professional Land Surveyor under the laws of the state of Iowa. MIRANDA K. L4 lZ EILDERS '-4 1lMla�(JLJL1�� O- LIJZ\ 0' 50' 100' P. 22293 Miranda K. Ei lders Date License number 22293 IOWA My License renewal date is December 31. 21 DATE DRAWN 3-11-2021 dcc Pages or sheets covered by this seal. Page 133 of 418 C410WADOT Prepared by& Return To: Allyssa Myers, Right of Way Bureau, 800 Lincoln Way, Ames, IA 50010, 515-239-1757 EASEMENT FOR INGRESS AND EGRESS (QUITCLAIM) For the consideration of AND NO/100-----($ )-----DOLLARS and other valuable consideration in hand paid by Iowa Department of Transportation, the CITY OF WATERLOO, IOWA, a municipal corporation organized and existing under the laws of the State of Iowa, does hereby grant to the STATE OF IOWA, all its right, title, estate, claim and demand in a permanent easement for ingress and egress in, to, on, over and across the following described real estate in Black Hawk County, Iowa: THE EASEMENT RIGHT GRANTED FOR INGRESS/EGRESS PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land located in part of vacated Webster Street, Lots 15, 16, 17, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown on Graphic Exhibit "A", attached hereto and by reference made a part hereof. Bounded on the Southwest by the Northerly right of way line of the Chicago Central and Pacific Railroad; on the East by the west line of the parcel of land acquired by the State of Iowa on , in Bk Pg "; on the Northeast by a line 29.32 feet Northerly of and parallel with the Northerly right of way line of the Chicago Central and Pacific Railroad; on the North by the south line of lot 1 of said Auditor's Rainbow Plat No. 4; and on the west by the east line of Logan Avenue. Said Ingress/Egress easement contains 6853 square feet. This easement and a certain Quit Claim Deed to the State of Iowa are given in fulfillment of a certain Purchase Agreement executed by the grantor on ) 20 , and signed by the grantee on , 20 , on file at the Right of Way Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010, except for those terms that survive the execution of this document. This easement and transfer is exempt from transfer tax. Iowa Code Sec. 428A.2(17). This easement is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code Sec. 428A.1. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Black Hawk County Project No. NHSX-063-6(70)--3H-07 City of Waterloo (Parcel No. 73S) Page 1 of 3 Page 134 of 418 Dated 20 CITY OF WATERLOO, IOWA By: (Sign in Ink) Quentin M. Hart, Mayor By: (Sign in Ink) (AFFIX CORPORATE SEAL ABOVE) Kelley Felchle, City Clerk STATE OF COUNTY OF ss: On this day of 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in the Resolution adopted by the City Council, under Roll Call No. of the City Council on the day of , 20 , and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. (Sign in Ink) Notary Public. (AFFIX NOTARIAL SEAL ABOVE♦) Black Hawk County Project No. NHSX-063-6(70)--3H-07 City of Waterloo (Parcel No. 73S) Page 2 of 3 Page 135 of 418 6075 634-077 IOWA DEPARTMENT OF TRANSPORTATION GRAPHIC EXHIBIT "A " C4IOWADOT COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. NHSX-63-6(70)--3H-07 PARCEL NO. 73S SECTION 24 TOWNSHIP 89 N RANGE 13 W ROW - FEE EASE 6853 SQ. FT. EXCESS - FEE AC ACQUIRED FROM Fd. SquareX iron pin AUDITOR RAINBOW'S PLAT NO. 4 I Fd. 1 .5" pinched pipe Lot 4 I ��Fd. square iron pin Fd. twisted Fd. pinched iron pin p;pe I c Lot 3 n I Lot 14 URBAN ACRES Fd. pinched Fd. #5�1 pipe Rebar Fd. Pipe YPC 386 Fd. 1.5' pinched pipe Lot 2 I Lot 13 �Fd. 1.5"' pinched pipe East Line Logan Ave. Fd. Piped Ir--Fd. 3/4" YPC #386 pipe I Lot 12 —Lot 1 I�Fd. 1.5" pinched pipe Vacated Webster St. EXISTING ROW LINE \ Webster St. Lot 5 Lot Lot Lot \ — — @ss; 16 17 18 CITY OF WATERLOO, IOWA Dpi pob 29.32' rjn i Lot 23 INGRESS/EGRESS EASEMENT AREA Lot 48 6853 SQUARE FEET PROPOSED FEE TITLE AREA ti I � cyo�TtiF I AqC IA' c�<} Lot 1 grC,p�q� '1'F O I AUDITOR RAINBOW'S �qp Fd. 5/8" rebor PLAT NO. 1 with YPC — I Lot 2 PT STA 74+81 .88 Lot 3 Lot 5 0 °9 0 �e Lot 4 p� Fd. 5/8" rebar---,,,,. °7° with YPC o 'x. 'e 9,p Q C O N SCALE: 1 " = 100' 0' 50' 100' YPC = YELLOW PLASTIC CAP DATE DRAWN 5-19-2021 dcc Page 136 of 418 Resolution No. CITIES AND TOWNS CERTIFICATION OF MUNICIPAL CORPORATE RESOLUTIONS SALE OF REAL PROPERTY AND DELIVERY OF CONVEYANCE Parcel No. 73S Black Hawk County Project No. NHSX-63-6(70)--3H-07 Primary Road No. US 63 I,the undersigned, Kelley Felchle,City Clerk of the City of Waterloo, Iowa,a municipal corporation duly organized and existing under the laws of the State of Iowa, DO HEREBY CERTIFY that notice of a pending sale of real estate has been published at least once, not less than four or more than twenty days before the date of the hearing in a newspaper published at least once weekly and having general circulation in the City of Waterloo, Black Hawk County, Iowa, in accordance with the Code of Iowa, that a public hearing has been held and the following is a true and exact transcript of certain resolutions duly adopted by the members of the City Council on the day of 20_, by the call of yeas and nays recorded below and these resolutions are now in full force and effect: RESOLVED, that this municipal corporation proposes to sell, grant and convey certain City property to the State of Iowa for MUTUAL BENEFIT and other certain benefits, terms and conditions as set forth in a Purchase Agreement to be signed by Quentin M. Hart, Mayor, and Kelley Felchle, City Clerk, relating to Black Hawk County Project No. NHSX-63-6(70)--3H-07, Parcel No. 73S, regarding certain real estate in parts of vacated Webster Street, Lots 15, 16, 17, 18, 23 and 48 of Auditor Rainbow's Plat No.4 in Section 24,Township 89 North, range 13 West in the City of Waterloo, Black Hawk County, Iowa, as shown on the Acquisition Plats attached to said Purchase Agreement. RESOLVED FURTHER, that the proposed Purchase Agreement and Quitclaim Deed and Easement for Ingress/Egress are hereby approved;that Quentin M. Hart, Mayor,and Kelley Felchle,City Clerk,are hereby empowered and directed to execute, acknowledge, and deliver in the name of this Municipal Corporation, the Purchase Agreement, the Quitclaim Deed and Easement for Ingress/Egress and any other instruments of title required by law or which may, in the judgment of such officer(s), be necessary or desirable to effectuate the sale, grant and conveyance of the property to the State of Iowa. RESOLVED FURTHER, that the executed Purchase Agreement and Quitclaim Deed and Easement for Ingress/Egress are hereby accepted and approved by this municipal corporation, and Kelley Felchle, City Clerk, is hereby directed to deliver the executed Purchase Agreement and Quitclaim Deed and Easement for Ingress/Egress to the Iowa Department of Transportation Right of Way Agent, or their duly authorized representative, in exchange for the consideration of MUTUAL BENEFIT and other valuable considerations, all as authorized in accordance with the Code of Iowa. Members of the City Council Yeas Nays Absent or Not Voting IN WITNESS WHEREOF, I have hereunto subscribed my name at Iowa, this day of 20_ (Sign in Ink) Kelley Felchle, City Clerk (AFFIX CORPORATE SEAL ABOVE A) STATE OF COUNTY OF ss: Subscribed and sworn to before me this day of 20_ (Sign in Ink) Notary Public. (AFFIX NOTARIAL SEAL ABOVE A) Black Hawk County Project No. NHSX-063-6(70)--3H-07 City of Waterloo (Parcel No. 73S) Page 137 of 418 Return to and Prepared by Mark Holm, Right of Way Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, IA 50010, 515-233-7867 Form 634028(07-16) �� IGWADDT Hight of way bureau, 600 Lincoln Way, Ames, Iowa 50010 Toll-Free: 866-282-5809 FAX: 515-239-1247 www.iowadot.gov/rightofway PURCHASE AGREEMENT Parcel Number: NHSX-063-6(70)--3H-07 County: Black Hawk Project Number: 73S Route Number: 063 Seller: City of Waterloo THIS AGREEMENT entered into this day of , by and between, Seller and the Iowa Department of Transportation, acting for the State of Iowa, Buyer. 1. The Seller agrees to sell and furnish to the Buyer a conveyance document, on form(s) furnished by the Buyer, and the Buyer agrees to buy the following real estate, hereinafter referred to as the premises, in parts of the following: Vacated Webster, Street, Lots 15, 16, 17, 18, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, in Black Hawk County, State of Iowa and more particularly described on pages 4 and 5 including the following buildings, improvements and other property: All subdrain, land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein 2. The Buyer agrees to pay, and the Seller agrees to grant, the right of possession, convey title and surrender physical possession of the premises as shown on or before the dates listed below: Payment Amount Agreed Performance Date of Performance On conveyance of title On surrender of possession $0.00 On possession and conveyance 60 days after buyer approval $0.00 Total Lump-Sum Amount Breakdown Ac/Sq. Ft. Land by fee title 1420.00 Isq. ft. Fence N/A rods woven Underlying fee title N/A Fence N/A rods barbed Permanent easement to the state of Iowa for ingress/egress 6853.00 sq. ft. DISTRIBUTION:ONE COPY RETURNED TO BUYER(IOWA DOT)ONE COPY RETAINED BY SELLER. NHSX-063-6(70)--3H-07, 73S Page 1 of 5 Page 138 of 418 3. Possession of the premises is the essence of this agreement and the Buyer may enter and assume full use and enjoyment of the premises per the terms of this agreement. The Seller grants the Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. The Seller may surrender possession of the premises, building, improvement, or any part thereof, prior to the time that he/she has agreed to do so, and agrees to give the Buyer 10 days notice of the Seller's intention to surrender possession by calling the Buyer at 1-866-282-5809. 4. The Seller warrants that there are no tenants on the premises holding under lease, except (none) 5. This agreement shall apply to and bind the legal successors in interest of the Seller, and the Seller agrees to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession, as required by the Iowa Code section 427.2 and agrees to warrant good and sufficient title. 6. The Buyer may include mortgagees, lien holders, encumbrances, and taxing authorities as payees on warrants issued in payment of this agreement. In addition to the total lump-sum payment amount, the Buyer agrees to pay $150.00 for the cost of adding title documents required by this transaction to the Seller's abstract of title. If requested to do so, the Seller will deliver to the Iowa Department of Transportation, Right of Way Bureau, 800 Lincoln Way, Ames, IA 50010, an abstract of title to the premises. The Buyer agrees to pay the cost of abstract continuation. The Seller agrees to provide the documents as may be required by Iowa Land Title Standards to convey merchantable title to the Buyer. The Seller also agrees to obtain court approval of this agreement, if requested by the Buyer, in the event title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. The Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to the Buyer, except attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed invoices. 7. The Buyer agrees that any agricultural drain tiles that are located within the premises that are damaged or require relocation by highway construction shall be repaired or relocated at no expense to the Seller. Where the Buyer specifically agrees to construct and maintain fence, the fence shall be constructed and maintained for vehicle access control purposes at no expense to the Seller. The Buyer has the right of entry upon the Seller's remaining property along the right-of-way line, if necessary, for the purpose of connecting the drain tile, and constructing and maintaining the fence. The Seller may pasture against the fence at his/her own risk. The Buyer will not be liable for fencing private property or maintaining it to restrain livestock. 8. If the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this agreement, the Buyer will pay any remaining proceeds to the survivor of that joint tenancy, and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. These premises are being acquired for public purposes. This transfer is exempt from the requirements for the filing of a "Declaration of Value" in accordance with Iowa Code section 428A.1. 10. The premises also includes all estates, rights, title, and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. The Seller consents to any change of grade of the highway and accepts payment under this agreement for any and all damages arising from those changes. The Seller acknowledges full settlement and payment from the Buyer for all claims per the terms of this agreement, and discharges the Buyer from liability because of this agreement and the construction of the public improvement project. 11. The Seller states and warrants that, to the best of the Seller's knowledge, there is no burial site, well, solid waste disposal site, private sewage disposal systems, hazardous substance or underground storage tank on the premises, except_ 12. This written agreement constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided for herein. 13. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this agreement as required by the Code of Iowa, Section 6B.52. NHSX-063-6(70)--3H-07, 73S PPage 9f3rb of 418 Seller's signature and claimant's certification: Upon due approval and execution by the Buyer, the undersigned sellers/claimants certify the total lump-sum payment amount shown here is just and unpaid. City of Waterloo, Iowa X X Quentin M. Hart, Mayor Kelley Felchle, City Clerk 715 Mulberry St Waterloo, IA 50703 This section to be completed by a Notary Public. STATE OF IOWA COUNTY OF Black Hawk ss: On this day of before me, the undersigned, a notary public in and for said the State of Iowa, personally appeared Quentin M. Hart and Leann Even to me personally known, who being by me duly sworn, did say that they are the mayor and city clerk, respectively, of the city of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its city council , as contained in ordinance number , passed (the resolution adopted) by the city council under roll call number of the city council on the day of , and that and acknowledged the execution of the instrument to be their voluntary act and deed, and the voluntary act and deed of the corporation, by it voluntarily executed. (AFFIX NOTARIAL SEAL BELOW) (Sign in ink) (Print/type name) Notary Public in and for the State of Iowa BUYER'S APPROVAL Recommended by (Sign in ink): X (Date) Project Agent (Printed Name): Scott Henning Approved by (Sign in ink): X (Date) Right of Way Director (Printed Name): Brad Hofer BUYER'S ACKNOWLEDGEMENT STATE OF IOWA } COUNTY OF STORY } ss: On this day of before me, the undersigned, personally appeared ROW Director, Brad Hofer known to me to be a Right of Way Director of the Buyer and who did say that the instrument was signed on behalf of the Buyer by its authority duly recorded in its minutes, and said right of way director acknowledged the execution of the instrument, whose signature appears hereon, to be the voluntary act and deed of the Buyer, and by it voluntarily executed. (NOTARIAL SEAL) Notary Public in and for the State of Iowa NHSX-063-6(70)--3H-07, 73S PP ge�f4� of 418 FORM634-077 6-75 IOWA DEPARTMENT OF TRANSPORTATION fi-75 ACQUISITION PLAT &IOWADOT EXHIBIT "A " COUNTY BLACK HAWK STATE CHNTRHL NO. PROJECT NO. NHSX-63-6(70)--3H-07 PARCEL NO. 73S SECTION 24 TOWNSHIP 89 N RANGE 13 W ROW -- FEE 1420 SO. FT. EASE AC. EXCESS - FEE AC ACQUIRED FROM Fd. Square� AUDITOR RAINBOW'S I iron pin PLAT NO. 4 �Fd. 1.5" pinched pipe Lot 4 �Fd. square iron pin Fd. twisted Fd. pinched f iron pin pipe C l Lot 3 ' �n Lot 14 URBAN ACRES Fd. #5 I i Fd. pinched Rebar �V w pipe Fd. 1.5' pinched pipe Fd. Pipe Lot 2 ` Lot 13 �Fd- 1.5" pinched pipe YPC 386 A Fd. Pipe--If 4--Fd. 3/4" East Lin® YPC #386 pipe + Lot 12 V Lagan Ave. — —Fd. 1.5" pinched pipe I —Lot 1 Vacated Webster St. — B EXISTING RDW LINE Webster St. Lot Lot Lot Lot -- — 15 16 17 18 CITY OF WATERLOO. IOWA �o h F E FEE ACQUISITION AREA 1420 SQUARE FEET Lot 23 A-8 S 01'09'06"E 74.55' 1 8-C S 49°18'04"E 237.25' pob Lot 48 C-0 S 49°18'04"E 36.93' D D-E N 00°00'00"E 62.77` E-F 5 90°00'00"W 28.00' F-C S OD°00'00'W 38.68' 1 B-H S 01"0906E 343.11' D,p 1 Lot 1 C/rf TSF r1 5TA 77+17.20 l q C9 �f 77.79' 1 C'f❑L r'P STA 76+92.71 AUDITOR RAINBOW'S 50.15' withSYPC rebar PLAT NO. 1 �qf,pOq< STA 77+55.46 9D 49.22' Lot 2 F STA 77+55.88 PT STA 74+81.88 ¢ 77.22' Lot 3 Lot 5 009 P CO. �x Lot 4 0 Fd. 5/8" rebar---,,y o7a with YPC o 00. 'x. '0 tl] 7 Q C Cn NYPC YELLOW PLASTIC CAP I hereby certify that this land surveying document was �Nj, LA)yd prepared and the related survey work was preformed by me or SCALE' 1 " = 100' Gp `SCT under my personal supervision and that I am duly licensed �G professiondl Lana Surveyor under the laws of the state of Iowa. MIRANDA K. vi r.r RILD6R5 p n - �� - 1` (_I o' 50' 100' ° 22293 Miranda K. Enders pate License number 22293 Ip W A My License renewal date is December 31, 2021 DATE DRAWN 3-11-2021 dcC Pages or aneats covered by this seal. 41 Page 141 of 418 FORM 634Y0T7 IOWA DEPARTMENT OF TRANSPORTATION GRAPHIC EXHIBIT "All Q10WADOT COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. NHS UU-6[703--3H-07 PARCEL N0. 73S SECTION 24 TOWNSHIP 89 N RANGE 13 W ROW - FEE EASE 6853 SO. FT. EXCESS -- FEE AC ACQUIRED FROM Fd. Square iron pin AUDITOR RAINBOW'S PLAT NO. 4 � �Fd. 1 .5" pinched pipe Lot 4 ,—Fd. square iron pin Fd. twisted Fd. pinched iron pin pipe C Lot 3 ` N � Lot 14 URBAN ACRES Fd. pinched Fd. #5�� pipe Rebar Fd. Pipe Fd. 1.5' pinched pipe YPC 386 East Line t 13 Lot 2 Fd. 1.5" pinched pipe Lo Logan Ave. Fd. Pipes M*--Fd, 3/4" YPC #386 pipe ` Lot 12 Lot 1 �Fd. 1.5" pinched pipe Vocotsd Webster St. EXISTING ROW LINE Webster St. '! f, Lot � Lot Lot Lot — — @ssr 16 17 18 CITY OR WATERLOO, IOWA v� pob so 29.32' 1 Lot 23 INGRESS/EGRESS EASEMENT AREA ll Lot 48 6853 SQUARE FEET ]4 V PROPOSE❑ FEE TITLE AREA N V � Cyf TSF ` Lot 1 fc Pc�'Y0�{t III q�C,pAq� �rF` V AUDITOR RAINBOW'S �qQ Fd. 5/8" rebar PLAT NO. 1 with YPC -- — I Lot 2 � PT STA 74+81.88 Lot 3 Lot 5 °09 a C0 ?x Lot 4 o/ Fd. 5/8" rebar Q'�a with YPC ,o oe. `x. �o Q1 7 Q C N SCALE: 1 " = 100' o` 50' 100` YPC = YELLOW PLASTIC CAP DATE DRAWN 5-19-2021 dcc Page 142 of 418 I AR � I 78 9 0 O I CITY OF WATERLOO ) / ' 4 CA \ / CEJ N W�TE L 0 0 T-S"N �1,3W S + INVESTMENT 1117 Sec. C� C, / �- FRED & CARRIE I S S � \ ' / \ LEY I � ` / • AXI E • :� � / V��\ �� PERMANENT INGRESS/EGRESS NGRESS EASEMENT EGRESS FOR SCOTT I— _ • - A 0 , TR�L 0 St • �• C Q77+5i.$� I 77.22 L 7 +55.46 49.22 73S CITY fWAR —I- U. S. 63 00 ' e N I k- Sta. 75+90 111' Ballasted D k Sta. 75+90.95 ,+� ` For Mainline Details m Plate Girder B dge Build 115' X 72' PPCB Bridge °' I Refer to Sheet No. D.10 Skew 42° LA Right of Way Design Information s Design No. 915 _ THIS SHEET INCLUDED Z> FOR INFORMATION ONLY ROW Team: Cuva /Richey ROW#: NHSX-63-6(70)--3H-07 Plan Date: 6/2/2021 \ � Color Legend: / C` / ° 20 Property Lines Q u FEEr 0 Temporary Easement I� 0 Permanent Acquisition rf FILE NO. ENGLISH DESIGN TEAM Yanxiao Jia\Kirk RomseyBLACK HAWK COUNTY PROJECT NUMBER NHSX-063-6(75)--3H-07 SKEET NUMBER H.5 10:49:30 AM 8/27/2021 acarman pw:\\ntPWInt1.dot.lnt.lan:PWMaln\Documents\Projects\0706301008\ROW\0706307 a�l@14J OT 41 b CITY OF WATERLOO Council Communication FY 2021 Cedar River Marina and Recreational Enhancements (TAP-U-8155(768)--8I-07), Contract 1011. City Council Meeting: 12/20/2021 Prepared: 10/6/2021 Motion to receive and file Proof of Publication of notice of public hearing. SUBJECT: HOLD HEARING-No comments on file. Motion to close hearing and receive and file oral and written comments. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Page 144 of 418 CITY OF WATERLOO Council Communication Ordinance dividing the City of Waterloo into Wards and Precincts and repealing Ordinance No. 5066. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type ❑ Wards and Precincts 2020 Backup Material ❑ Wards and Precincts 2020 Ward Changes Backup Material ❑ Existing Wards and Precincts - from 2010 census Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Motion to receive, file, consider, and pass for the first time an ordinance SUBJECT: dividing the City of Waterloo into Wards and Precincts, and repealing Ordinance No. 5066. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval Federal and State law require that after every federal census, each City Council must review its Ward and Precinct boundaries and make necessary changes to comply with current law. The boundaries must be defined by ordinance, and the City must"certify" as to the population of each ward and precinct. All documentation, including the adopted ordinance and Summary Statement: certifications must be sent to the Secretary of State's Office by January 3, 2022 (60 days after the Governor signed the state redistricting bill into law on November 4th). With the City of Waterloo hearing for adoption of the ordinance set for December 20th, the City will need to suspend the rules requiring 3 separate readings of an ordinance in order to comply with the State mandated adoption deadline. Data/Analysis and Strategies: City Ward and Precinct redistricting The changes to the proposed Ward and Precinct boundaries from those adopted in 2011 following the 2010 census are relatively minor, particularly for Ward boundaries. Other than a few minor ward boundary changes in areas along the river or City Limit line that do not impact any population, the only area of significant change to Ward boundaries is the area east of Highway 63 north of East Donald Street, which was previously in Ward 3 and is proposed to be included in Ward 4 in order to comply with the population requirements for wards and precincts. Page 145 of 418 Here is a summary of the State Code requirements for Wards and Precincts: -Ward boundaries must follow precinct boundaries -Wards must be composed of contiguous territory Implementation,Accountability, and Communication: -Wards shall be as compact as possible -Ward population must be as close as possible with other Wards, with a maximum allowable variation between wards of 10% -A precinct population cannot exceed 3,500 -A precinct must he within one legislative district -A precinct must be composed of contiguous territory -Precinct boundaries must follow census block boundaries -A precinct must consider voter convenience and electoral efficiency The convenience of voters means the precinct boundaries are easy to describe and identify and provide voters with relatively direct routes of travel to polling Electoral efficiency means reducing election costs by only creating as many precincts as necessary. -A precinct must include annexed territory Community Engagement A Work Session was held November 29th, Consent Resolution action to Methods: set the date of the public hearing was December 6th, and the public hearing will be December 20th. Expenditure Required/Source of None Funds: Legal Descriptions: The legal description of each ward and each precinct is in the process of being drafted. Page 146 of 418 CitJL of Waterloo DRAFT Proposed Wards and Precincts MJF 217 W3P2 1505 WARD 3 W3P3 W4P1 1 2272 2459 W3P4 WARD-4 W1 P1 2499 _1243 W4P3 W4P5 1569, 7 1282 W3P,5 2508 W3P6 W41P2 bm 01 W1 P2 2337 3157 2227 W4P6 W5P�1 W1 P3 2125 2378 2406 W1 P5 W5P3 W1 P4 1 1481 2235 W5 P? W4P4 2660 W5P5 2474- 2311 X2362 Q W2 P3 _`P► W5P4 2536 VV 2154 W5P6 2441 W2P2 WARD 1W2P1 2539 2726 Z W2 P4 W1 P6 2473 3008 WARD 2 W2P6 W2P5 1531 2299 City of Waterloo Population Changes 2010 Census 2020 Census - Existing Wards 2020 Census - Proposed Wards City Total: 68,406 City Total: 67,314 City Total: 67,314 N Page 14:7 ef 418 W�E S CitJL of Waterloo DRAFT Proposed Wards Review OI Changes LJ77 I - Area Proposed to be moved from Ward 3 to Ward 4 Population -446 WARD 3 Annexed area added to Ward 4 Population -0 Minor Change between Ward 3 and Ward 4 due to change in Census Blocks. Population -0 WARD 4 Area Proposed to be moved from Ward 1 to Ward 3 Population -841 WARD 5 Area Proposed to be moved from Ward 2 to Ward 4 WARD 1- Population -617 JR WARD-2- City of Waterloo Population Changes 2010 Census 2020 Census - Existing Wards 2020 Census - Proposed Wards City Total: 68,406 City Total: 67,314 City Total: 67,314 N Page 148 ef 418 W�E S City of Waterloo Existing Wards & Precincts City of Waterloo 2010 Census Population : 68 , 406 W3P2 Populahion : W3P-1 P-ol-p-ulation .--_ � , 2,042 r _ PoI' lio I � W3P3 Population : 1 ,875 i � � W4P1 Population : 2,094 W-4P5Population : - - I_� I � 2, 186 W3P4 Po ulation. WV1pulation` "� i i —fT \=� 2506923 1P o Population : 12,906 i W3P5 Po ulationi S61p k042 ,� W1 P2 Pop'"uatiom: T - � +-�:,�r� W13P6 Populaton Fall\ � ion 2;372 0 W4P6 Popul ation : ? Po , ulatibn . p - 2 535 anon c-� � , I 2;290 P3 Poul � do �W1�r I a � - � � 68 CON c 4 R 2W1 P4 Po ula n : cq JL 23 � - Po ulat 12,539 wiP5 Population , P\opulatiow.-1-3, 28 I � ' P3APM,� � � W5P5 , 7 , W�2054 1 Population .rW5P4 Po11 pulatio2107�� 2,33 � - - � W5 ` 6 Population : o2x9? � IM M o Population : 14;215 i i `� _ , W,2Po TOM ati pula on : 23853 IJ W11�P6 Population : ' I <. - - - - i • Y/'1 � D � � J 23593 Population-:--1 41109 W2P6 Population : 2, 107 � Ii W2P5 Population : 2,961 I N W E S CITY OF WATERLOO Council Communication Resolution adopting the City of Waterloo 2021 Housing Needs Assessment, and authorizing the Mayor and City Clerk to execute any said document. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type ❑ Waterloo HNA 2021 Backup Material ❑ Sample Resolution for HNA 2021 Backup Material SUBJECT: Resolution adopting the City of Waterloo 2021 Housing Needs Assessment, and authorizing the Mayor and City Clerk to execute any said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Adopt resolution and authorize signatures as requested. Developers within the City of Waterloo currently utilize the Workforce Housing Tax Credit available through the Iowa Economic Development Authority in order to construct new residential units in Waterloo. Currently developers utilize the tax credit within grayfield and brownfield sites. In order to utilize the credits within a greenfield area the City of Waterloo will need to Summary Statement: receive a"distressed workforce housing" designation from the state of Iowa. In order to receive the distressed housing designation the city will need to have a Housing Needs Assessment conducted and submitted to the state. The City of Waterloo has received requests from area developers that are interested in continuing their investment in Waterloo and would like to utilize the Workforce Housing Credits within greenfield areas of the city. Data/Analysis and Strategies: Economic Development Implementation,Accountability, Housing Bonds and Communication: Expenditure Required/Source of None Funds: Page 150 of 418 Waterloo, IA Housing Needs Assessment r F lip Ib rk ' 4 �. 5A. Adopted by Waterloo City Council Resolution XXXX on [Date] 0 Page 418 Table of Contents DataNote......................................................................................................................................................3 Glossary.........................................................................................................................................................3 ExecutiveSummary.......................................................................................................................................4 Introduction and Purpose...........................................................................................................................14 Waterloo's History and Background...........................................................................................................14 History of the City of Waterloo...............................................................................................................14 Community Character and Quality of Life ..............................................................................................19 Natural Resources and Environmental Hazards .....................................................................................19 Public Infrastructure and Utilities...........................................................................................................20 CommunityServices................................................................................................................................21 Schools................................................................................................................................................21 OtherCommunity Services.................................................................................................................21 DemographicAnalysis.................................................................................................................................22 Population, Households, and Age Composition .....................................................................................23 MinorityPopulations ..............................................................................................................................28 Implications.............................................................................................................................................29 EconomicAnalysis.......................................................................................................................................29 Overview.................................................................................................................................................29 Implications.............................................................................................................................................33 Housingin Waterloo...................................................................................................................................33 Overview.................................................................................................................................................33 HomebuyerMarket.................................................................................................................................39 Affordability of Homes for Sale...............................................................................................................40 RentalMarket.........................................................................................................................................43 RentalAffordability.................................................................................................................................50 Housing Programs in Waterloo...............................................................................................................52 The View on the Ground: Property and Resident Surveys .....................................................................62 Windshield Survey of Housing Conditions..........................................................................................62 ResidentSurveys.................................................................................................................................66 Housing Needs of Special Populations....................................................................................................76 People Experiencing Homelessness....................................................................................................76 Page 1152 of 418 Seniors and People with Disabilities...................................................................................................81 ImmigrantPopulations........................................................................................................................85 Housing Supply and Demand Analysis....................................................................................................89 Summary of Housing Needs....................................................................................................................92 Housing Goals and Objectives.....................................................................................................................95 Page 'lz53 of 418 Data Note Prior to City approval,this document was updated to incorporate limited 2020 decennial Census data that had recently been released. Glossary • Housing Costs: Includes the household's rent or mortgage payments, utility payments, property taxes, insurance, and mobile home or condominium fees, as applicable. • Cost Burdened: Household pays>30%of its gross income on housing costs. • Moderately Cost Burdened: Household pays >30% but no more than 50%of its gross income on housing costs. • Severely Cost Burdened: Household pays>50%of its gross income on housing costs. • Housing Problems: The Comprehensive Housing Affordability Survey (CHAS) defines "housing problems" as housing cost burden, incomplete plumbing or kitchen facilities, or overcrowding (one or more persons per room).Cost burden is by far the most common housing problem in most communities. Incomplete plumbing/kitchen facilities, overcrowding, and severe cost burden, specifically, are considered "severe housing problems." • Area Median Income (AMI): Median annual household income (pretax) for a metropolitan area, subarea of a metropolitan area, or non-metropolitan county. • Low-and Moderate-Income (LMI): Households at or below 80%AMI for households of the same size*. • Extremely Low-Income(ELI): Household is at or below 30%AMI for households of the same size. • Low-Income (LI): Household is at or below 50%AMI for households of the same size.This term is also used for households between 31% and 50%AMI*. • Moderate-Income: Household is between 51% and 80%AMI for households of the same size*. • Middle-Income: Household is between 81%and 100%AMI for households of the same size. • Middle/Upper-Income: Household is above 100%AMI for households of the same size. • Subsidized Housing: Housing built or purchased with government or nonprofit subsidies to make it affordable, typically to LMI or middle-income households. Most subsidized rental housing is privately owned. • Market-Rate Housing: Rental or ownership housing that is not subsidized. • Affordable Housing: Housing that costs no more than 30% of a household's gross income. May be subsidized or market-rate, depending on the context of the conversation. *Some government programs for housing and other benefits use the terms "very low-income" and "low- income"for households up to 50%and 80%AMI, respectively. Page V4 of 418 Executive Summary Introduction and Purpose • Waterloo's housing stock and housing needs reflect the complex nature of the City's history and recent development. Several City initiatives, including homebuyer incentives and subsidized rental developments, have contributed to the revitalization of Waterloo's downtown and older neighborhoods. At the same time, home sales and new residential development in southern Waterloo have been brisk in recent years. • This Housing Needs Assessment uses publicly available and locally provided data to assess the strengths and challenges of Waterloo's housing market. Future housing supply and demand are compared to determine the adequacy of housing stock available for different populations, and recommendations are given for a balanced approach to meeting Waterloo's housing needs. Demographic Analysis • In 2020, Waterloo's population was 67,314. The City's population grew substantially over much of the 20th century, dropped during the Farm Crisis years of the 1980s, and has been relatively steady since then. • Waterloo's population shifts have been geographically uneven. Between 2000 and 2010, most Census tracts in East Waterloo experienced population losses, while many Census tracts in South and West Waterloo saw population growth. • Waterloo's racial and ethnic composition is substantially more diverse than Iowa's, and the City's diversity is increasing. Over 32% of Waterloo's population identified as non- White and 7.1% identified as Hispanic or Latino in 2020. • An estimated 6.2%to 7.4% of Waterloo's population was foreign-born in 2015. Bosnians and Mexicans likely comprise Waterloo's largest immigrant populations, and the City has growing populations from India, the Congo region of central Africa, Sudan, and Vietnam. • People with disabilities account for over 10% of the City's population. Economic Analysis • Incomes in Waterloo are relatively low, while poverty is relatively high. The City's median family income in 2015 was $51,025, about $10,000 less than that of Black Hawk County, and nearly $19,000 less than Iowa's median family income. The family poverty rate in 2015 was 9.1%. • Despite Waterloo's relatively high unemployment rate, it has more jobs than workers who live in the City (49,336 jobs vs. 30,161 resident workers in the 2014 Longitudinal Page '1455 of 418 Employer-Household Dynamics estimates). This is not unusual — regional economic hubs exert "gravity" on surrounding areas, attracting workers from other cities and counties. Housing in Waterloo - Overview • Waterloo's homeowner vacancy rate of 2.2% is slightly higher than the countywide and statewide rates, while the City's rental vacancy rate of 9.6% is significantly higher than the statewide rate (2015 5-year ACS). The 2015 1-year ACS estimates for Waterloo's owner and rental vacancy rates are 1.8% (+/-1.5%) and 7.4% (+/-4.4%), suggesting that the City's housing market tightened as it continued to recover from the Recession. • Waterloo has a relatively low median home value ($104,200) and median gross rent ($672), according to the 2015 5-year ACS. However, because Waterloo's incomes are relatively low, its lower housing costs do not translate to lower cost burdens. About 1 in 6 owner households with a mortgage are paying 35%or more of their income on housing in Waterloo. Housing cost burden is more prevalent among renters, with about 2 in 5 renters paying 35% or more of their incomes for housing. • Among extremely low-income (ELI) households, housing problems (mainly unaffordability) are ubiquitous and usually severe. Renter households are generally more likely than owner households to experience housing problems. Homebuyer Market • Waterloo's median home sale price of $111,000 (MLS 2015-2018) is relatively low. However, the City's volume of home sales compared to its total population and owner housing stock is relatively low, indicating some market tightness. Affordability of Homes for Sale • Ostensibly, Waterloo's home prices are well matched to the incomes of people who live and work in the greater Waterloo area. However, some lower income buyers may have difficulty buying a median-priced home in Waterloo. The 75th percentile wages for several industrial, health, and essential service occupations, including meat packers, laborers, nursing assistants, medical assistants, child care workers, personal care and home health aides, and teacher assistants, fall short of the wage needed to afford a median-priced home. • With an annual inventory of 480 home sales below the median sale price, it would take over 6 years for all lower income potential homebuyers (currently renters) to purchase homes. If the costs of repairing "fixer-uppers" among these 480 homes were taken into account, the affordable inventory for these buyers would be even smaller. Page ' 56 of 418 Rental Market • A survey was conducted of property managers for market-rate rental units in Waterloo. Among the firms that responded, average rents reported range from $599 for 1-bedroom units to $931 for 3-bedroom units. The rental units included in the survey have a low vacancy rate (2.2%) and a turnaround time of less than a month for vacant units. This suggests that the professionally managed rental market is much tighter than Waterloo's overall rental market. • Waterloo has several privately owned rental properties that are subsidized by the federal Project-Based Section 8 program, the federal Low Income Housing Tax Credit (LIHTC), or both. Together, these properties account for 1,260 subsidized units for low- and moderate-income (LMI) renters. Additionally, the Waterloo Housing Authority has 50 public housing units for seniors and currently issues 1,056 Housing Choice Vouchers(HCVs or "Section 8" vouchers). Surveys were collected from 17 of Waterloo's 24 subsidized rental developments. • Waterloo's subsidized rental developments for general occupancy by LMI households (also known as "family" developments) are mostly funded by LIHTC. This program provides only "shallow" subsidies to set rents at 30% of gross income for households at 40% to 60% of area median income. In some cases, rents at the surveyed LIHTC family developments are comparable to or lower than "Fair Market Rents" (FMRs), meaning that modest unsubsidized units may actually be more "affordable"than LIHTC units.This is not uncommon in communities with relatively low market rents. Nonetheless, these developments in Waterloo have dozens of households on waitlists and generally low vacancy rates, possibly because they tend to be higher-quality. LIHTC units also generally accept HCV holders, who often struggle to find rentals with landlords willing to rent to them. • Waterloo's subsidized rental developments for LMI seniors and people with disabilities are mostly funded by the Project-Based Section 8 program, which provides "deep" subsidies to bring the rent down to 30%of every tenant household's income. Survey data indicates an even tighter market for these units than for subsidized general occupancy units. Only 3 units (0.5%)were identified as being vacant for rent, with combined waitlists of nearly 200 and an average turnaround time of only 10 days for vacant units. • Most of Waterloo's subsidized developments for seniors are also open to people with disabilities and have some accessibility features. However, many were built decades ago when architectural features to accommodate wheelchairs were not widely used. Moreover,the supply of affordable, accessible units is simply too small to meet the needs of all LMI people with disabilities. Page t57 of 418 • The greatest demand is for deep subsidies and units affordable to extremely low-income renters. However, in the current state and federal funding climate, these units are increasingly difficult to finance. Whenever possible, the City should support rental development that is affordable to ELI households. Developers of shallow-subsidy rental properties should conduct market studies to ensure that they can fill the units without "cannibalizing" occupancy from similar existing developments. Rental Affordability • In most communities, rents that are affordable to lower income households, especially ELI households, are insufficient to cover the costs of building, operating, and maintaining market-rate rental housing, while subsidized rentals are in short supply. Additionally, many affordable rental units are occupied by households in higher income brackets, so they are not available to LMI households. • Waterloo has only 27 affordable and available units for every 100 ELI renters. The percentage of ELI renters in affordable units and the percentage that are severely cost burdened (paying >50% of income for housing) adds up to nearly 100%, suggesting that virtually the only way an ELI renter can avoid severe cost burden is to find a subsidized unit. • Many of Black Hawk County's most common occupations, including entryto median-wage foodservice workers, cashiers, retail workers, and janitors, cannot afford 2-bedroom units or, in many cases, even 1-bedroom units at Fair Market Rents. Housing Programs in Waterloo • The City of Waterloo uses several funding and policy tools to promote an adequate, high- quality supply of housing. Some programs support new construction or rehabilitation of homes for LMI households, while others are designed to increase Waterloo's housing starts and residential tax base, or to revitalize older neighborhoods. • To fund ongoing programs for LMI homeowners and homebuyers, the City relies mainly on annual allocations from the U.S. Department of Housing and Urban Development's (HUD's) Community Development Block Grant (CDBG) and HOME programs. • Waterloo offers three programs to support the housing market in Waterloo's older neighborhoods. First, the City provides tax abatements for new housing construction and rehabilitation in the Consolidated Urban Revitalization Area (CURA), which includes most neighborhoods in East Waterloo and near West Waterloo. Second, the City acquires and resells abandoned residential properties through the Iowa Code Chapter 657A legal process. Third, the City offers a $5,000 incentive for infill housing development or rehabilitation on city-owned and certain private lots. This incentive is available citywide but is especially valuable in older neighborhoods. Page 1758 of 418 • To promote new construction, Waterloo offers a tax abatement program for new 1- and 2-family housing units in the City Limits Urban Revitalization Area (CLURA),which includes neighborhoods outside the CURA. The CLURA program was launched in 2011 to increase Waterloo's housing starts and tax base in the aftermath of the Great Recession. Since its inception,the City's annual 1-and 2-family construction rate has risen from 58.4 units per year to 79.44 units per year. • The Waterloo Housing Trust Fund (WHTF) is an important funding source for housing activities benefiting LMI residents, including emergency repair and accessibility modification programs for homeowners, as well as shelter and housing programs for people experiencing or at risk of homelessness. WHTF is funded by an annual allocation from the Iowa Finance Authority (IFA), which requires a 15% to 25% match from local sources such as city governments, philanthropic organizations, and corporate donors. • The mismatch between housing need and available resources underscores the importance of strong public-private partnerships to support housing activities in Waterloo.The 16 LMI homebuyers assisted annually is far fewer than the estimated 1,787 to 2,889 LMI renter households who could potentially buy homes. Additionally, Waterloo has an estimated 2,740 cost burdened LMI homeowners who might benefit from home renovation assistance, but only about 72 eligible homeowners are assisted annually. Windshield Survey of Housing Conditions • The quality of a community's housing stock is an important component in understanding its housing needs. If poor-quality housing is widespread in a community, many low- and moderate-income households may have housing-related hardships even if they are not cost burdened. • A windshield survey of exterior housing quality was conducted in a representative subset of Waterloo neighborhoods. A large majority of the housing units surveyed (82%)were in good condition, but nearly 1 in 5 homes were in Fair condition or worse. Extrapolating the windshield survey results to the City's total housing stock, nearly 4,800 units are in Fair condition, while over 700 units are in Poor or Dilapidated condition. • Waterloo's estimated housing stock in poor and dilapidated condition exceeds the number of housing units acquired annually by the City through the 657A process. At the current rate of twelve 657A acquisitions per year,the City would need 11 years to acquire all dilapidated properties, and 50 years to acquire all homes in poor condition. Since an average of six 657A homes are redeveloped by new private owners annually, most vacant, dilapidated properties will be out of the active housing market for the foreseeable future. Page V9 of 418 Resident Surveys • Resident surveys were conducted at venues that serve low- and moderate-income people, members of minority groups, or both. • Only 13% of respondents reported that their housing is unaffordable, but nearly 30% reported that their home has problems that they cannot afford to fix or the landlord will not fix. Several respondents indicated that "affordable" housing in Waterloo is not necessarily of good quality or in neighborhoods where they want to live. Moreover, for higher-quality rentals, security deposits and tenant screening criteria are a barrier to many low-income renters. Those with criminal records or past evictions have particular difficulty finding good-quality rentals. • Nearly 30% of respondents indicated that they or someone they know have received a Housing Choice Voucher(HCV)from the Waterloo Housing Authority at some point. Many respondents reported that it was difficult to 1) find a landlord who would accept the voucher and 2) find a unit in a desirable neighborhood. • When asked if they or someone they knew had experienced housing discrimination, a majority of respondents (59%) marked "No," 13% marked "Yes," and the remaining 28% were unsure. Some residents recounted discrimination based on race or criminal records. (HUD released guidance in 2016 that limits the use of criminal records as a screening criterion for tenants or homebuyers.) • The most widely cited positive aspects of Waterloo include new development and businesses, as well as cultural attractions and events. Several respondents identified specific attractions that they value, including the SportsPlex, the splash pad, Friday 'Loo, and My Waterloo Days. • When residents were asked about changes needed in Waterloo, concerns about crime, safety, and housing were paramount. Respondents expressed concern about the condition and age of Waterloo's housing stock, as well as the supply of affordable housing. Many also identified a need for more business, recreation, and other opportunities in Waterloo's older neighborhoods beyond the downtown area. • Residents have a strong desire to improve substandard housing in disinvested neighborhoods by rehabilitating homes when possible, and demolishing and replacing dilapidated homes when necessary. • Some residents expressed concern that the public narrative about Waterloo is largely negative, obscuring its many positive attributes. • Good jobs are just as important to housing affordability as are housing costs and quality. Initiatives such as the Waterloo Career Center may help employers fill workforce Page V0 of 418 shortages while narrowing employment disparities among demographic groups. Other efforts to expand access to good jobs may include employee vanpools, child care assistance, and carefully considered employer policies toward criminal background checks. People Experiencing Homelessness • Since Waterloo and Black Hawk County are part of the Balance of State "Continuum of Care" (CoC) for homeless services, detailed data on homelessness for the City or County alone is not readily available. In the Balance of State CoC, 5,485 people entered and 5,994 people exited the homeless system at some point in FY 2016, spending a median of 43 days homeless. In 2016, 952 people who became homeless in Iowa listed their last permanent address in Black Hawk County, suggesting that about 1 in 6 people who become homeless in Iowa are from Black Hawk County. • Although Black Hawk County had more Emergency Shelter and Transitional Housing beds (127)than total number of homeless individuals in Black Hawk County in the January 2013 Point-in-Time (PIT) Count (101), the waitlists for certain programs suggest that there is more housing instability and pent-up need for shelter than these facilities can address. • The supply of permanent housing opportunities for people experiencing homelessness is limited in Black Hawk County. Permanent Supportive Housing(PSH)and Rapid Re-Housing (RRH) programs assist only about 91 households in Black Hawk County, or fewer than one- third of the estimated 952 households that become homeless each year. Moreover, much of this assistance is targeted to domestic violence survivors or veterans, not the general homeless population. • Black Hawk County's Local Homeless Coordinating Board (LHCB) acts as an informal Continuum of Care, coordinating efforts among service providers and local government agencies. The LHCB is implementing a new HUD-mandated Coordinated Entry (CE) system, which standardizes the intake processes by homeless service providers so that people in need are referred to the most appropriate program. • The County's recent homeless service efforts are part of a broad nationwide shift from a "treatment first" model of addressing homelessness to a "Housing First" model. Housing is seen as a platform of stability on which other interventions, such as job skills training and mental health or substance abuse counseling, are more likely to succeed. Seniors and People with Disabilities • An estimate 15% of Waterloo's population is 65 years or older, while 10.6% of the population has at least one disability. There is substantial overlap between these two populations — about 37% of people with disabilities are 65 or older. Many seniors and people with disabilities struggle to find adequate housing, since they are often on fixed Page1V1 of 418 incomes and need homes that have accessibility features such as grab bars in bathrooms, wheelchair ramps, and wide doorways to accommodate wheelchairs. • Although LMI senior-headed households are generally less likely to have housing problems than LMI households overall, an estimated 1,735 LMI senior-headed households have housing problems. Slightly over half of these are owner households. • Approximately 2,750 LMI households with disabled members have housing problems, which occur among a higher number of renter households with disabled members than among owner households. ELI households account for a majority of LMI households with disabled members and housing problems. Immigrant Populations • A survey on housing and quality of life in Waterloo was administered to English Language Learner (ELL) classes by Hawkeye Community College Metro Center instructors. • The percentage of ELL respondents who report housing problems (29%) is about double the percentage who report that their housing is unaffordable (15%). In open-ended feedback, respondents reported a wide range of housing problems,from leaky faucets to mold, vermin, and cracks in walls and ceilings. • When asked if they or anyone they know had experienced housing discrimination, the vast majority of ELL respondents (83%) marked "No." Some respondents recounted discrimination based on their accent, limited English proficiency, or race. Actual housing discrimination rates against ELL students may be higher than estimated, since they may be less familiar with the concept of housing discrimination and less likely to recognize it when it occurs. • When asked about Waterloo's positive aspects, ELL respondents primarily cited schools, ELL education,and jobs. Multiple respondents also cited cleanliness, affordable rents, and good hospitals and emergency services. Like non-ELL respondents, they value Waterloo's cultural attractions and events, with several mentioning specific examples such as the SportsPlex and Juneteenth. • When asked about changes needed in Waterloo, ELL respondents identified crime as a major concern, as well as road maintenance needs, healthcare costs, and jobs. Similar to non-ELL groups, several ELL respondents expressed a desire for more businesses and cultural opportunities. Housing Supply and Demand Analysis • According to City data on residential permits issued from October 2014 to October 2017, an average of 142 units were permitted annually, serving as a baseline for housing supply and demand projections. This building permit volume is only 0.46% of the City's total Page 11162 of 418 housing stock, which is relatively low compared to the optimal value of 1%for a "normal" housing market. At Waterloo's baseline rate of residential permitting, 2,840 new units will be added between 2021 and 2040. • The City conducts an average of 26 demolitions per year. Additionally, communities experience housing stock "attrition" as some units are withdrawn from the housing market each year due to deterioration, abandonment by owners, or other factors. • Accounting for new housing construction, demolition, and attrition, an estimated 1,384 units will be lost from Waterloo's housing stock between 2021 and 2040, resulting in a net addition of 1,456 units—728 per decade or 73 annually. • As of 2017, Waterloo had 2,456 vacant residential lots that could potentially be developed, including 176 City-owned lots and 2,280 lots owned by other parties. An estimated 520 residential units will be demolished between 2021 and 2040, possibly contributing new buildable lots. Depending on how many new lots are added from demolitions, Waterloo may have a surplus up to 136 lots or a deficit of 384 lots. The average estimate is a shortfall of 124 lots by 2040. • If Waterloo's population remains unchanged from 2020 to 2040, and household size continues to decline at historic rates, the City would add 1,224 households by 2040. To meet new demand without overbuilding in this scenario, the City could permit 138 housing units per year between 2021 and 2030 — slightly less than the baseline rate of 142 per year—and reduce the annual permitting rate to 122 units per year from 2031 to 2040. • Waterloo's housing demand is projected for a scenario with constant household size and moderate population growth: from 67,314 in 2020 to 69,980 in 2030 (a 3.96% increase) and 71,022 by 2040 (a 1.5% increase). In this scenario, new households would be added faster than the baseline residential permitting rate until 2030, but would lag behind permitting rates from 2031 to 2040. To meet demand without overbuilding, residential permitting rates would need to increase to 151 units per year from 2021 to 2030, and then drop to 114 units per year from 2031 to 2040. Housing Goals and Objectives Based upon the findings of this Housing Needs Assessment, the following goals have been developed to maintain, revitalize, and expand Waterloo's housing stock in a coordinated manner with broader community development efforts: GOAL 1: MAINTAIN AND IMPROVE THE QUALITY OF WATERLOOS EXISTING HOUSING STOCK. GOAL 2: SUPPORT INFILL HOUSING DEVELOPMENT AND REDEVELOPMENT, ESPECIALLY IN OLDER NEIGHBORHOODS. Page 1V3 of 418 GOAL 3: EXPAND OPPORTUNITIES FOR WATERLOO'S LOW-AND MODERATE-INCOME HOMEBUYERS AND HOMEOWNERS. GOAL 4: EXPAND RENTAL OPPORTUNITIES AND RELATED SERVICES FOR LMI HOUSEHOLDS, INCLUDING THOSE EXPERIENCING HOMELESSNESS. GOAL 5: SUPPORT INCREASED MARKET-RATE HOUSING DEVELOPMENT. GOAL 6: SUPPORT COMMUNITY DEVELOPMENT, WORKFORCE DEVELOPMENT, AND OTHER EFFORTS INTEGRALLY RELATED TO QUALITY OF LIFE AND HOUSING DEMAND IN DISINVESTED NEIGHBORHOODS. GOAL 7: SUPPORT EXPANSION OF WATERLOO'S INSTITUTIONAL STRUCTURE FOR HOUSING DEVELOPMENT. Each goal is supported by several proposed objectives. The City of Waterloo does not have sole responsibility for the proposed goals and objectives, which can only be accomplished in collaboration with developers, nonprofit agencies, financial institutions, philanthropic organizations, and other stakeholders. However, the goals and objectives are phrased in terms of actions the City can take, at least as a facilitator or collaborator. Page 1V4 of 418 Introduction and Purpose The City of Waterloo is the County Seat of Black Hawk County and an economic hub for much of northeast Iowa. The City has a rich, varied, and sometimes tumultuous history, including its rise to prominence as a center of agriculture-related industry during the late 19th century, strong traditions of labor and civil rights activism during the early and mid-20th century, loss of population and economic capacity during the Farm Crisis years of the 1980s, and subsequent revitalization and reinvention through the 1990s and 2000s. Waterloo's housing stock and housing needs reflect the complex and sometimes contradictory nature of the City's history and recent development. Many of the City's older historic homes, built in the late 19th and early 20th century, have fallen into disrepair and pose health hazards to occupants. The spatial distribution of these housing problems often reflects historic patterns of home valuation and urban renewal. By contrast, several City initiatives, including homebuyer incentives and subsidized rental developments, have contributed to the revitalization of Waterloo's downtown and older neighborhoods. At the same time, home sales and new residential development in southern Waterloo have been brisk in recent years. Waterloo's last Housing Needs Assessment was completed in 2011 in the midst of the Great Recession. As Waterloo continues to recover from the Recession and implement new economic development and quality-of-life initiatives, City leaders recognized a need for an updated Housing Needs Assessment. This document is not intended to duplicate the work of other City planning documents, but draws on past documents and provides data and analysis to guide forthcoming documents such as the next Consolidated Plan and Assessment of Fair Housing to be submitted to the U.S. Department of Housing and Urban Development (HUD), as well as the Comprehensive Plan currently under development. This Housing Needs Assessment uses publicly available and locally provided data to assess the strengths and challenges of Waterloo's housing market. Particular attention is given to the housing needs of vulnerable populations, including immigrants, seniors, people with disabilities, and people experiencing homelessness. Future housing supply and demand are compared to determine the adequacy of housing stock available for different populations, and recommendations are given for a balanced approach to meeting Waterloo's housing needs. Waterloo's History and Background History of the City of Waterloo Since its founding, the City of Waterloo has been associated with industry and agriculture. Originally named Prairie Rapids,Waterloo was first settled by Europeans in 1845, platted in 1854, Page 1'165 of 418 and incorporated in 1868. The City quickly became an important agricultural and railroad town, and the Illinois Central Railroad established its repair shop in Waterloo in 18701. Waterloo grew rapidly in the late 19th and early 20th centuries,with its population increasing from 6,674 in 1890 to 36,230 in 1920. The number of factories proliferated in Waterloo as well, giving it the nickname "The Factory City" by the early 20th century. Cedar Falls, meanwhile, had become home to a teacher's college that would later become the University of Northern Iowa, and was known as "The Lawn City." The Rath Packing Company was established in Waterloo in 1891, and its pork products became an iconic grocery item across the nation. In 1918, John Deere and Company bought the Waterloo Gasoline Engine Company and transformed it into a tractor manufacturing facility. For the better part of the 20th century, Deere and Rath would be Waterloo's top employers. For much of its history, a distinguishing feature of Waterloo has been its relatively high proportion of Black residents compared to most other communities in Iowa. Waterloo had fewer than 20 Black residents in 1910, but by 1920 the Black population had grown to nearly 1,000, or about 3% of the City's overall population. This increase was due to the Illinois Central Railroad's recruitment of Black workers from the South to serve as strikebreakers during a national railroad worker strike. These newcomers encountered intense hostility due to both their race and their status as "scabs," but many established themselves in Waterloo nonetheless. Due to housing discrimination at the time, Black newcomers were largely confined to a triangle of land near the Illinois Central rail yard known as "Smokey Row" (inner triangle in Figure 1). The new Black residents cultivated faith and civic institutions in the coming years to provide mutual assistance and advocate for their interests, and founded a local chapter of the NAACP2. Waterloo has also been distinguished by a strong union presence for much of its history. Unions at the Rath and Deere plants achieved substantial power in the early 1940s, following New Deal legislation and organizing efforts at both plants throughout the 1930s. At this time, many unions still accepted White members only, and business leaders often leveraged racial resentment among White workers to weaken organizing efforts. By contrast, the United Packinghouse Workers of America (UPWA) Local 46, the union for Rath workers, was among the most racially progressive UPWA locals in the Midwest'. 1 Black Hawk County, IA. (2013). Brief History of Black Hawk County. http://www.co.black- hawk.ia.us/DocumentCenter/View/564. Retrieved 12/3/18. 2 Kinney, P. (2011, Feb. 1). "Great Migration Railroad strike 100 years ago brought an influx of African-Americans to Waterloo."Waterloo-Cedar Falls Courier[online article]. http://wcfcourier.com/news/local/article 3ac5cdf6-cef7- 5d54-943a-742b04395ac6.html. Retrieved 12/3/18. 3 Fehn, B. 1997. Ruin or Renewal:The United Packinghouse Workers of America and the 1948 Meatpacking Strike in Iowa.The Annals of Iowa 56: 349-378. Page 1' 66 of 418 AVuwnA � r'l pN AL.Jey 51 k �■ S,oles p, 15!Kein k f Nein k Ff A Ct G.EY 5.3 41 [•y,•5e �\ � 3 f Q.n y51 � � .n ] � � aMM 1St krrcFe.L d cml.x 5t � '" � $I.NV>•, .• ` PsRRO Hn✓ � x AwR r� t' � AinmRl St viryL L Y � Y FF PwgbvN v.+ � `T V neps, bot 4�f y- H..ewnv S: S [eGM AM 151, � IVOfSe � � N'pn by yN4 � � K y.' g w FRent<t 5f e—' � B' ➢ — bur P Q Watelf ..S ^� ; Al,..r p2 ntl�rAx �C e � C y ❑mxooe'� �y�y`? �'; � ?g� 311 gqP �°pA �r'!Sr � CIXrlp fy�.o A.. Q Figure 1: "Smoker Row:" Waterloo's Historic Black Neighborhood. Source:African-American Voices of the Cedar Valley:Black Triangle (https://aa-voices-museum.uni.edu/black- triangle) Waterloo's population grew substantially during America's prosperous postwar years, increasing from 51,743 in 1940 to 75,533 in 1970 (Figure 2). However, Waterloo's "urban renewal" activities in the 1960s and early 1970s displaced many households4. Although these activities were intended in part to demolish substandard housing and help its occupants find better housing, Black families had much more difficulty that White families in finding new housing to rent or buy, and many displaced Black families ended up moving to neighborhoods adjacent to the urban renewal area. The departure of White residents from the urban renewal area and its surroundings was part of a broader pattern of"white flight"that accelerated through the 196055. https://ir.uiowa.edu/cgi/viewcontent.cgi?referer=&httpsredir=l&article=10104&context=annals-of-iowa. Retrieved 12/3/18. 4 Shirey,T.E. 2014. Common Patterns in an Uncommon Place:The Civil Rights Movement and Persistence of Racial Inequality in Waterloo, IA. [Honors Project, Bowdoin College] https://www.bowdoin.edu/africana- studies/pdf/shires-honors.pdf. Retrieved 12/3/18. 5 Ibid. Page 1V7 of 418 80,000 75,533 75,985 71,755 68,747 68,406 65,198 6,467 60,000 51,743 67,314 46,191 c 0 40,000 36,230 a 0 26,693 20,000 12,580 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 2020 Figure 2:Waterloo Population Over Time Source: Iowa Data Center In addition to housing trends, many other social, political, and economic factors caused tumult in Waterloo in the 1960s and 1970s. School segregation and employment discrimination in Waterloo prompted vigorous activism and multiple protests throughout the 1960s, as well as a brief outbreak of violence in 1967. These tensions were exacerbated by substantial job cuts at Rath, as the company struggled to modernize and address rocky labor-management relations6. Further job cuts came at both Rath and Deere in the 1970s as the impact of a national recession hit Waterloo. Moreover, in 1969 and 1970, the College Square and Crossroads shopping centers opened in Cedar Falls and Waterloo, respectively, causing many businesses in downtown Waterloo to close and eliminating jobs on which many residents in Waterloo's older neighborhoods relied. Waterloo's civil rights struggles of previous decades bore new fruit in the 1970s as national legislation began to take effect, allowing many Black families to enter the middle class. However, many of these families moved away from Waterloo's core, and this trend of"black flight"combined with ongoing white flight to further strip the City's core neighborhoods of middle-class residents'. 6 See Conard, R. (2010). Bringin'Home the Bacon:The Rath Packing Company in Waterloo, 1891-1985. Iowa City: Tallgrass Historians, L.C. http://www.cityofwaterlooiowa.com/departments/planning- zoning/bringin home the bacon the rath packing company in waterloo 1891-1985.php. See Shirey 2014 for further discussion. Page 1' 68 of 418 The 1980s was a devastating decade for Waterloo.The Farm Crisis decimated employment at the already struggling Rath and Deere plants, and Rath closed in 1985. Between 1980 and 1990, Waterloo's population dropped from 75,985 to 66,467, a 12.5% decrease (Figure 2). The loss of employment and population left many older homes vacant and in disrepair, and exacerbated the loss of businesses from Waterloo's core. These economic blows were devastating across the board to this largely blue-collar city, which had relied disproportionately on industrial employment. During the 1990s, Waterloo's population increased slightly, and the City began to reinvent itself. Major improvements were made to highways, and the City developed its recreational trail network. IBP opened a new meatpacking facility, which offered lower wages than Rath had provided but increased Waterloo's diversity by attracting workers from Latin America and Bosnia. Starting in the early 2000s, the City undertook major reinvestments in its Downtown and Riverfront areas. In addition to these large-scale changes and investments, grassroots organizations throughout Waterloo endeavored to revitalize neighborhoods and provide resources for residents. For example, the homegrown community centers and other grassroots organizations serving Waterloo's low-income core neighborhoods help to explain the increase in educational attainment and decrease in poverty among residents in these neighborhoods by 20008. Waterloo's history and its impact on the City's current housing stock, economy, and racial and ethnic dynamics, are a distilled version of trends that played out across the nation, particularly in Midwestern industrial cities. A combination of mid-century "urban renewal" projects, redlining, blockbusting, deindustrialization, and the movement of retail and industry away from the city center toward the periphery, have taken a toll on Waterloo's core neighborhoods.These forces have left behind many older housing units in various states of disrepair — many of which are occupied by low-income families who cannot afford better options. However, massive efforts from the grassroots to the City's leadership have resulted in an expansion of cultural and recreational opportunities, and a revitalization of housing markets in some parts of the City. While public funding for massive housing investments is limited', public and nonprofit agencies in Waterloo have demolished some of the City's most dilapidated homes, rehabilitated others, reduced lead paint hazards in older housing stock, and supported construction of new affordable homes for buyers and renters. The challenge for Waterloo going forward is to accommodate residential growth in areas considered desirable by the housing market, while working to reverse or stem decades of disinvestment in other areas. 8 ibid. 9 Since the 1990s,the vast majority of public subsidies for new housing in the U.S. have been used to make privately owned housing affordable for low-and moderate-income buyers and renters. Page 1V9 of 418 Community Character and Quality of Life As a mid-sized Midwestern city with a rich history and abundant natural beauty, Waterloo inspires loyalty from thousands of long-time residents, attracts new residents, and is seeking to be a model for a resurgent Midwestern technological and industrial hub. Waterloo's historic downtown has seen a renaissance as local entrepreneurs have opened new restaurants and retail shops. The Riverloop trail, amphitheater, landscaping, and street art have brought a new dimension to the City's historic industrial riverfront, and are designed to make the Cedar River "an element that unites the community rather than divides it."The downtown area also includes the acclaimed Grout Museum District, sports facilities, theaters, and a Convention Center, and hosts numerous community festivals throughout the year. As the central city in the Cedar Falls-Waterloo Metropolitan Area, Waterloo has a full suite of urban amenities, including a public library, several medical complexes, three postsecondary education institutions, and a regional shopping center. Waterloo also has nearly 50 public parks, including golf courses and urban forests.Several parks are part of the larger Cedar Valley network of walking, cycling, and water trails, which include wayfinding signs to encourage cyclists, hikers, and paddlers to visit Waterloo's urban attractions. Other regional attractions in Waterloo's city limits include the Isle of Capri Hotel Casino, Lost Island Waterpark, and the National Cattle Congress. Moreover, as the hub of the Silos and Smokestacks National Heritage Area, Waterloo is in close proximity to a wide range of rural attractions. In addition to large-scale attractions and amenities, Waterloo has a wealth of grassroots initiatives to revitalize neighborhoods and improve the quality of life for residents. The City has over 30 neighborhood associations, most of which are located in core neighborhoods on either side of the Cedar River. The Jesse Cosby Center, a non-profit founded in 1966 in the traditional Smokey Row neighborhood, provides support services for low-income families. Additional grassroots organizations and small businesses, such as a Bosnian mosque, Latino churches and restaurants, Asian and African grocery stores, and a Burmese refugee advocacy center, have emerged to meet the needs of Waterloo's growing immigrant populations. Natural Resources and Environmental Hazards Waterloo's natural environment is largely defined by the Cedar River and its tributaries. The Cedar River bisects Waterloo from northeast to southwest. The City has gentle topography, ranging from the Cedar River floodplain to rolling hills. Much of the area flanking the Cedar River is built out, although extensive agricultural land is found at Waterloo's northern, northeastern, and southern edges.The undeveloped areas along Waterloo's river network are heavily forested. The Corn Suitability Rating (CSR) of Waterloo's primary soil types ranges from 63 to 95, indicating that Waterloo's undeveloped land is well-suited to agriculture. Page 1' 70 of 418 The primary environmental hazards in Waterloo are related to flooding and severe weather, including tornadoes, windstorms, thunderstorms, and severe winter storms. Waterloo experienced a devastating 0.2% annual chance ("500-year") flood of the Cedar River and its tributaries in 2008, and has experienced numerous river floods throughout its history. Much of the City's land area in the 1% annual chance ("100-year") and 0.2% annual chance floodplain is undeveloped, but about 2,800 structures are located in the floodplain. The predominant hazard in Waterloo and Black Hawk County is not river flooding, but rather flash flooding from intense rainfall over a short period, according to the 2014 Multi-Jurisdictional Hazard Mitigation Plan for Black Hawk County(MJHMP). Flash flooding, river flooding, and other hazards are likely to be impacted by future development patterns in Waterloo and its surroundings. To address environmental hazards on a regional basis, the City of Waterloo coordinates with other communities in Black Hawk County and the Cedar Valley to plan for hazard mitigation. Waterloo has several environmental hazards common to urban transportation hubs and industrial areas, including exposure to diesel particulates and air toxics, and proximity to contaminated sites. These hazards are primarily located in the downtown area, along highway interchanges, and at the former Rath industrial site. Many properties in these locations are current or former "brownfields" — sites with known or suspected environmental contamination that makes real estate buyers and developers reluctant to invest in them—several of which have been designated as "Superfund" sites by the Environmental Protection Agency. Since 2000, the City has received numerous grants from the EPA and other agencies to clean up contamination and redevelop many of these sites. Public Infrastructure and Utilities Waterloo enjoys ready access to major roadways, including Interstate 380 and U.S. Highways 218, 20, and 63. The highway system in Waterloo received major improvements over the last three decades due to the Interstate Substitution program. Additionally, Waterloo Regional Airport offers commercial, business, and general aviation services for the greater Cedar Falls- Waterloo region. The local street network is maintained by the City of Waterloo's Street Department, and bus transit service is offered in Waterloo and Cedar Falls by the Metropolitan Transit Authority. A major concern expressed by community advocates is the lack of bus service during evenings and weekends in Waterloo and Cedar Falls. The City of Waterloo offers water, stormwater, sanitary sewer, and garbage and recycling services. Electric and gas services are provided by MiclAmerican Energy, while telecommunications services are provided by Centuryl-ink, Mediacom, and McLeodUSA. According to the 2014 MJHMP for Black Hawk County, the City's water system has substantial unused capacity—it is capable of providing 50.4 million gallons per day(MGD), but peak daily use Page21J1 of 418 is only 28.8 MGD.The wastewater treatment plant has received extensive upgrades over the last few decades, and its maximum capacity of 36.5 MGD is adequate to handle the average daily load of 14 MGD under normal conditions. Community Services Schools The Waterloo Community School District (WCSD) is the 6t" largest in Iowa, with over 10,000 enrolled students. The District includes 11 elementary schools, 4 middle schools, and 3 high schools. WCSD's boundaries encompass Evansdale, Raymond, Elk Run Heights, Washburn, and Gilbertville, and one elementary and middle school each are located in Evansdale. Neighborhood public schools are viewed as an amenity by many homebuyers, and can strongly influence residential property values. As a result, WCSD has invested heavily in improvements in recent years. Waterloo residents have approved local tax measures to replace obsolete school facilities, renovate existing facilities, and expand academic offerings. Today, WCSD places a strong emphasis on Science, Technology, Mathematics, and Engineering (STEM) education, advanced learning opportunities, preparation for college and technical education, and leadership opportunities. WCSD is one of only two school districts in the state with an International Baccalaureate (IB) program, and offers a Performance Based Diploma Academy (PBDA) to help students catch up on credits when they fall behind due to obstacles in their personal lives. Currently, the shares of students who graduate from East High and West High in 5 years are 95% and 91%, respectively, compared to a statewide rate of 93%. In an effort to encourage newcomers to the Cedar Valley to settle in Waterloo and enroll their children in the public schools, WCSD uses ongoing marketing efforts to highlight the District's achievements. Other Community Services Waterloo provides a wide range of urban services, including police, fire rescue, code enforcement, civil rights outreach and enforcement, community and economic development, planning and zoning, and the parks and recreation services described above. The City has undertaken multiple efforts to enhance Waterloo's quality of life. For example: • In June 2017, the Waterloo Police Department announced a partnership with Tri County Head Start and the Eastside Ministerial Alliance to operate a Community Outreach Center in East Waterloo. The Center provides an opportunity for residents to report crimes and interact with police officers on a more personal level. • The Waterloo Human Rights Commission educates residents about fair housing rights and other civil rights, receives and investigates discrimination complaints, and takes enforcement action against civil rights violators in Waterloo. The Commission has also partnered with the Community Development Department and the Waterloo Housing Page21172 of 418 Authority to sponsor forums on domestic violence, sentencing reform and racial disparities in incarceration, and housing quality. • The Community Development Department administers federal Community Development Block Grant (CDBG) and HOME funds. The department uses these and other funds to support a wide range of housing activities, including purchase assistance for low- and moderate-income homebuyers, rehabilitation assistance for homeowners, lead hazard reduction in older housing stock, demolition of dilapidated housing, and homeless assistance. The Department also provides support to local neighborhood associations. • The Planning and Zoning Department supports Waterloo's elected and appointed officials in implementing land use policies to guide Waterloo's growth and development. Planning and Zoning plays an important role in economic development and redevelopment of vacant or underutilized land, linking businesses with suitable incentives and locations. In 2017, Planning and Zoning's work with EPA brownfield redevelopment grants was recognized by the Environmental Protection Agency (EPA) as a "Success Story." Projects in Waterloo supported by EPA brownfield grants include the redevelopment of the former Rath site as a campus for social service providers, consolidation of several City department operations at a former industrial site, and development of the Cedar Valley SportsPlex. Demographic Analysis This section uses data from the decennial Census, as well as the U.S. Census Bureau's 1-year and 5-year American Community Survey (ACS) estimates, as appropriate10 "The decennial Census provides certain basic data for all people and housing units in a community, such as age, race, and tenure (whether a housing unit is owner-or renter-occupied). The 2000 Census was the last decennial Census that provided a "long form" to a large representative sample of the population. The "long form" asked detailed questions about income, housing costs,and other topics not addressed in the"short form"sent to the rest of the population. The Census Bureau started collecting ACS data in 2005 to replace the "long form," using much smaller sample sizes than the"long form" had used. For geographic areas with populations over 65,000,the Census Bureau releases annual ACS estimates calculated from a year's worth of data,as well as estimates derived from data taken over a 5-year period. For smaller geographic areas, such as Census tracts within a city, only 5-year ACS estimates are available. ACS estimates often have large margins of error,especially for small geographic areas or small categories(such as a very small immigrant population). 1-year ACS estimates are more current than 5-year estimates, but have larger margins of error. This document uses both 1-year and 5-year ACS estimates for the City as a whole, depending on the factor being considered.The differences among ACS estimates may not be statistically significant in some cases, but ACS is still considered the most reliable and current public data source for understanding a community's demographics and other characteristics. Page2173 of 418 Population, Households, and Age Composition In 2020, Waterloo's population was 67,314 (Table 1). As discussed in the History section above, Waterloo's population grew substantially over much of the 20th century, dropped during the Farm Crisis years of the 1980s, and has been relatively steady since then (Figure 2). Waterloo's population shifts have been geographically uneven. Between 2000 and 2010, most Census tracts in East Waterloo experienced population losses, while many Census tracts in West Waterloo saw population growth (Figure 3). The most substantial population growth occurred in South Waterloo (Census tract 30.01). Between the 2010 Census and the 2016 5-year ACS, population changes across the City were more variable, particularly in West Waterloo (Figure 4). Most Census tracts in East Waterloo continued to see population declines, although the results are not always statistically significant. In West Waterloo, populations in several Census tracts shrank slightly or plateaued. The areas with sustained growth include Census tracts 15.01 and 13.02 near Sergeant Road and San Marnan Drive, and Census Tract 11, which encompasses Liberty Park and Miller Park. Paget' 74 of 418 [Waterloo, low] LEGEND City Boundary -U-� Primary Highway Local Road Census Tract Percent of Population Change 2000 to 2010 Below--20.0% -19.9%-10.0% -9.9%-0.0%r---�. No Change —' — - � 0.019'd-10.0% 10.01%-20.0% 1 — p 20.01%-30.0% 1 0. 30.01%-40.0% 21 40.01%-Over r Disclaimer: Census Tract Data Source:2000 and 2010 U.S.Census I 83 i �r U -2.34% I -1.00% 2.05% T' so 1 � 1:96% Lu.,-L�xt�\ - �r 2.969r �' �_� s'�•., -_L� - i .. 0 a u 9vc'` 1 - �.• 7..50/ r 1 00%. — 1 a�_.n.,i 4 i ` 2.71% g 4 649e s303%�� -5.469b 417 ,y •:. �e �T 3-84%- 2.63% z 2 2.02% 4, I -4.61% 21.25% -i i-------- r s ' The map does not represent a survey,no liability is assumed for the am=cy o(the data delineated herev�,either expressed orimplied by INItCOG. ®(Feb�vary 2018)Iowa Northland Regional Camcil of 6ovemmenfs 0 0.5 1 z �• Please ca11319-235-0311 to obtain pemiissionF ase. Miles N Figure 3: Population Change by Census Tracts in Waterloo.2000 to 2010 �Y Source: 2000 and 2010 Decennial Census Page 175 ofA18 Waterloo, Iowa LEGEND �•r1 City Boundary Primary Highway Local Road Census Tract Percent of Population Change 2010 to 2016 Below--20.0% r �bow -19.9%-10.0% ... -9.9%-0.0% Ic r•---�- No Change L---—� •—---- ----•—• -—— - - 0.01%-10.0% 10.01%-20.0% 20.01%-30.0% I .30.01%-40.0% i 5.18%I' 2t a i 140.01%-Over iL 27 ; ----------0 pisdaimer: - _• w.bm•�_ CensusTrad Data Source:2010 U.S.Census 11 14% n i 2016 Census Tract Population data was obtained from the n i U.S.Census Bureau's 2012-2016 American Community Survey /•• 41 — 5-Year Estimate. !I ,�--� •i s L fi 1 rm -6.09% 11 2.37% iR --------- caw 6, IT– -_ f;.1 0.03° 21 18..40 �! 9.03% _j -6,09% r _ _.. P - -----� •�F.A, rr, __._r... ----- ------------- 14. 6.3$% I 4.74% a Is ,A. 7.87;: a r e-0.6696 1 98`Y., O: n I ----- eP"�-�----- pf -' 17753% 020 27 1454/ 6.61% ORE 4,� 0.97% — —T -4.03% i -6.93% F I ----------------------- --- ------------------ The map does not rre{rresert a s ey,no habihly is asswrred Cor the awwacy I ------ •—••��•'�•, ///�\\ oflhe data delm®tedherem,athaespressed�imptiad by INRCOG O�Febmery7D18)1—.No,thland RegwrsalCwncil of[3overmreNs 0 0.5 1 2 PI®x x11319.235.0311 toobtain pemnaom fa use. Miles N Figure 4: Population Change by Census Tracts in Waterloo, 2010 to 2016 Source: 2000 and 2010 Decennial Census, 2016 5-year ACS Page 176 OW 8 Table 1:Waterloo Demographic Overview Demographic Variable 2000 2010 2010 20155- 20151- 2020 2020 Statistically significant change (Iowa) year year (Iowa) 2010-2015? (90% confidence level) Total Population 68,747 68,406 3.05M 68,432 68,457 67,314 3.19M Increase (1-y estimate) Age Median Age 35.9 35.9 38.1 36.2 37.2 Under 18 24.7% 23.7% 23.9% 23.7% 22.9% 23.1% 23.2% 25 to 44 27.4% 26.4% 24.6% 26.1% 26.0% 65 and older 15.3% 14.0% 14.9% 1 14.9% 1 14.5% 1 Increase (5-y estimate) Households and Families Average Household Size 2.39 2.35 2.41 2.37 2.42 Average Family Size 2.97 2.95 2.97 3.09 3.06 Increase (5-y estimate) Family Households (% of HHs) 63.0% 60.2% 64.7% 57.8% 60.4% Decrease (5-y estimate) Households with Children (% of 29.0% 26.5% 28.4% 25.9% 25.6% HHs) Race, Ethnicity, and National Origin White 81.6% 77.3% 91.3% 76.2% 73.1% 67.5% 84.5% Decrease (5-y and 1-y estimates) Black/African-American 13.9% 15.5% 2.9% 16.0% 16.1% 18.0% 4.1% American Indian/Alaska Native 0.2% 0.3% 0.4% 0.3% 0.4% 0.5% 0.5% Asian/Pacific Islander 0.9% 1.4% 1.8% 1.8% 2.2% 4.1% 2.6% Other race 1.4% 2.6% 1.8% 2.6% 6.3% 3.3% 2.8% Increase (1-y estimate) Two or more races 2% 3% 2% 3.0% 1.8% 6.5% 6% Decrease (1-y estimate) Hispanic or Latino (of any race) 2.6% 5.6% 5.0% 6.4% 7.2% 7.1% 6.8% Increase (5-y and 1-y estimates) Foreign-Born 5.2% 6.2% 7.4% Increase (5-y and 1-y estimates) Disability People with a Disability* 9,206 7,194 Decrease between 5-y and 1-y estimates % of Population with a Disability* 13.6% 10.6% Decrease between 5-y and 1-y estimates Source: 2000, 2010, and 2020 Decennial Census; 2015 American Community Survey 1-year and 5-year estimates Page 177 of 418 26 The median age of Waterloo residents was 35.9 in 2010, unchanged from 2000 (Table 1). By contrast, Iowa's median age increased from 36.6 to 38.1 over the last decade, and many communities throughout the state have aging populations. A more detailed look at Waterloo's population by age cohort suggest that the median age could increase in the coming years as baby boomers age (Figure 5). Over the last decade, the share of Waterloo's population ages 55 to 64 increased substantially, while the 35-44 and 5-19 shares declined. This shift may partly explain the slight decrease in average household and family sizes, and the declining share of households with children over the decade (Table 1), as children grew up and moved out of their parents' homes. On the other hand, the share of children ages 0 to 5 and adults ages 25 to 34 increased over the decade, which may indicate that young adults are settling down in Waterloo and raising families. 85 and older 75 to 84 ■2000 ■2010 65 to 74 60 to 64 55 to 59 0 45 to 54 t 0 35 to 44 U 25 to 34 Q 20 to 24 15 to 19 Norm 10 to 14 5to9 Under 5 0% 2% 4% 6% 8% 10% 12% 14% 16% Percent of Population Figure 5:Age Composition of Waterloo's Population Source: 2000 and 2010 Decennial Census Between 2010 and 2015, average family and household size appeared to increase, but the senior share of the population (65 and older) increased slightly (Table 1). Over time, a growing senior population in a community often leads to lower average household sizes and greater demand for 1- and 2-bedroom units. At this time, it is unclear if Waterloo's population will age in the coming years, if the number of young families with children will increase, or both. A substantial increase Page2178 of 418 in a community's proportion of children or seniors can increase demand for public services while decreasing tax revenues, since a smaller share of its population would be in the workforce. Minority Populations Waterloo's racial and ethnic composition is substantially more diverse than Iowa's, and the City's diversity is increasing (Table 1). Over 32% of Waterloo's population identified as non-White and 7.1% identified as Hispanic or Latino in 2020. (Note that the Census Bureau considers ethnicity— whether a person identifies as Hispanic or Latino —separately from race). The White percentage of the population declined steadily between 2000 and 2015, while members of other races, multiracial individuals, and Hispanic or Latino individuals increased as a share of the City's population.According to HUD data,Waterloo has the highest level of segregation between White and non-White residents of any entitlement city11 in Iowa, with concentrations of racial and ethnic minorities in northeast Waterloo and neighborhoods immediately to the west of the Cedar River (Figure 6). i 8 Cedar Falls City i 6 I - 0 Waterloo edar 13 ~'�* Falls BoundarynVI r Major Roaa ds Rail gp Ea nsdME R Rivers and'14Fatff Bodies `20 0 Qtber Places Waterloo City kill.f 0 Totivnships I �, Cs � Racially andr Ethnically `i r aye concentrated Areas of Paverly (RCAPsrECAPs) `t` Figure 6: Low/Moderate-Income Areas of Minority Concentration in Waterloo Source:Waterloo and Cedar Falls Analysis of Impediments to Fair Housing Choice,2014 " HUD Affirmatively Furthering Fair Housing Tool, 11/17/17 release. An "entitlement city" is one that receives community development funding directly from HUD. In most cases, entitlement communities have populations of 50,000 or higher. Paget' 79 of 418 An estimated 6.2% to 7.4% of Waterloo's population was foreign-born in 2015. Data on Waterloo's foreign-born population was not available from the 2010 Census, but the percentage of foreign-born residents in Waterloo increased from 5.2% in 2000. ACS data on the national origins of foreign-born residents is statistically unreliable because the populations from individual countries are so small, but the 2015 5-year estimates indicate that Bosnians and Mexicans comprise Waterloo's largest immigrant populations (data not shown). Taken together, ACS data and anecdotal evidence indicate that Waterloo has growing populations from India, the Congo region of central Africa, Sudan, and Vietnam. Another prominent minority group in Waterloo consists of people with a disability, who account for over 10% of the City's population. People with disabilities are often less involved in the workforce than able-bodied people of prime working age, and they tend to have lower incomes as a result. People with disabilities often need accessibility features in their homes, such as wheelchair ramps, wide doorways, and grab bars in bathrooms, to be able to live independently in their communities.A shortage of affordable, accessible housing in a community can force some people with disabilities to move into institutional settings. Implications The stabilization of Waterloo's population since the Farm Crisis years is a boon for community spirit, the City's finances, and school enrollment. However, the community hopes to see population growth in the coming years, which would bring more vitality and prosperity. Population growth would also promote redevelopment of the City's many vacant and underutilized residential and commercial properties, which were built decades ago to accommodate a larger population. If the City both grows and ages in the coming years,there may be a shortage of housing units, including smaller, accessible housing units tailored to seniors, if development and redevelopment does not keep pace. In addition to overall population, an important consideration for City leaders is the spatial distribution of growth. Since 2000, Waterloo's neighborhoods to the southwest have grown, while several core neighborhoods have contracted in population. Waterloo's growth and revitalization as a City depends on the well-being of all neighborhoods, so it is important to promote housing and economic improvements throughout the City. Economic Analysis Overview Although the Farm Crisis of the 1980s deeply disrupted Waterloo's industrial base, the City remains largely blue-collar. Compared to Iowa and Black Hawk County, a greater share of Waterloo's employed residents work in production, transportation, and material moving Page2V0 of 418 occupations or in the manufacturing industry (Table 2). By the same token, a smaller share of Waterloo residents work in management, business, science, and arts occupations or in the Finance, Insurance, and Real Estate (FIRE) industries, compared to the Iowa workforce overall. Incomes in Waterloo are relatively low, while poverty is relatively high (Table 2). The City's median family income is $51,025, about$10,000 less than that of Black Hawk County, and nearly $19,000 less than Iowa's median family income. The median family income measure excludes most student households. The City's family poverty rate of 9.1%, meanwhile, appears to be higher than the County and State family poverty rates. Similar to median family income, family poverty rates are less likely than individual poverty rates to be influenced by student households. Waterloo's unemployment rate has exceeded the County and State rates over the past decade, especially during the Recession (Figure 7). The City's unemployment rate rose sharply from 4.2% in 2007 to 7.3% in 2009, and declined steadily to 5.5% by 2016. The County's unemployment rate was also higher in 2016 than in 2007. By contrast, the State's unemployment rate had returned to its pre-Recession level of 3.7% by 2016. The nation's overall unemployment rate peaked at a higher level than Waterloo's during the recession (7.3% in 2010), but by 2016 the City's unemployment rate had exceeded the national rate. Table 2:Waterloo Economic Overview Economic Variable Iowa Black Waterloo Is Waterloo significantly Hawk Co. different? (90% CI) Civilian labor force 67.4% 66.5% 64.5% Unemployment rate (official 3.8% 4.7% 5.5% N/A BLS data) Workers in Management, business, science, and arts 34.4% 31.5% 27.7% Lower than Iowa occupations Workers in Production, o 0 o Higher than Iowa and transportation, and material 17.0% 18.8% 25.1% Black Hawk County moving occupations Workers in Manufacturing 15.7% 18.9% 22.8% Higher than Iowa and industry Black Hawk County Workers in Finance and insurance, and real estate and 7.3% 5.2% 4.6% Lower than Iowa rental and leasing industries Median household income $54,736 $50,169 $44,153 Lower than Iowa and Black Hawk County Median family income $69,382 $63,025 $51,025 Lower than Iowa and Black Hawk County Poverty rate (families)* 7.7% 6.7% 9.1% Poverty rate (individuals)* 12.2% 13.7% 14.0% Page3?1 of 418 Source: Bureau of Labor Statistics 2015 annual unemployment averages(not seasonally adjusted), 2015 American Community Survey 1-year estimates *Difference between Waterloo and Black Hawk Co. is marginally significant. 10.0 Waterloo � Iowa cu J ;n o 8'0 Black Hawk County USA 0 6.0 c o /v N 0 o ° _ CL c 4.0 EU W L LL 2.0 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Figure 7: Unemployment Rates in Waterloo, Black Hawk County,and Iowa Source: Bureau of Labor Statistics Despite Waterloo's relatively high unemployment rate, it has more jobs than workers who live in the City (49,336 jobs vs. 30,161 resident workers; Figure 8). This is not unusual — regional economic hubs exert "gravity" on surrounding areas, attracting workers from other cities and counties. Not surprisingly, Cedar Falls is the most common city where Waterloo's in-commuters live, and a majority of Waterloo's jobs are filled by workers in Black Hawk County and a few neighboring counties (Figure 9, Table 3). Remarkably, though, more Waterloo jobs are filled by workers from Polk County than from Linn County. Page 31182 of 418 OMM v 00 C 0 w Inflow/Outflow Job Counts in 2014 r X16 58 20 w 20 W a o' O Dov '='uN^i2/ ��y�� 100 Job Count r ■ 28,358 M 32,033-Employed in Selection Area, Live Outside ■ 2,660 12,898 -Live in Selection Area, Employed Outside ■ 1,812 ■ 1,578 M 17,263-Employed and Live in Selection Area F3� ilii ■ 1,162 j ■ 1,148 50 km ■ 1,017 20 mi 218 n ■ 759 fu 731 5 16300 0 0 474 r Figure 8:Worker Inflow/Outflow Analysis for Figure 9:Top Counties of Residence for Workers Employed in Waterloo Waterloo Source: Longitudinal Employer-Household Dynamics(LEND) 2014 estimates (primary jobs). Source: Longitudinal Employer-Household Dynamics (LEND)2014 estimates(primaryjobs). Page 183 of 418 32 Table 3: Most Common Places of Residence for Workers Employed in Waterloo Number of Percent of Number of Percent of County Workers Workers City/Town Workers Workers Black Hawk 28,358 57.5% Waterloo 17,263 35% Bremer 2,660 5.4% Cedar Falls 5,433 11% Buchanan 1,812 3.7% Evansdale 1,224 2.5% Polk 1,578 3.2% Waverly 804 1.6% Linn 1,162 2.4% Cedar Rapids 701 1.4% Grundy 1,148 2.3% Des Moines 681 1.4% Butler 1,017 2.1% Hudson 586 1.2% Fayette 759 1.5% La Porte City 540 1.1% Tama 731 1.5% Jesup 488 1% Scott 474 1% Independence 405 0.8% Other counties 9,647 19.5% Other cities/towns 21,221 43% Source: Longitudinal Employer-Household Dynamics(LEND) 2014 estimates (primary jobs). Implications Waterloo's overall economic profile poses challenges for meeting housing needs, since it indicates both a relatively low tax base and high housing needs. Waterloo's housing costs are relatively low, as the next section will show, but many low- and moderate-income households still struggle to find affordable, decent-quality housing. For the past several years, the City has both fostered economic opportunities for low- and moderate-income residents and sought to attract more middle- and upper-income residents. Later sections of this document will provide guidance for fine-tuning these strategies. Housing in Waterloo Overview The City of Waterloo has over 30,000 housing units, a majority of which are single-family detached structures (Table 4). The percentage of vacant units in Waterloo (8.3%), including units that are not on the market for sale or rent, is not significantly different from the County or State. Using 2015 5-year ACS estimates, Waterloo's homeowner vacancy rate of 2.2% appears to be slightly higher than the countywide and statewide rates, while the City's rental vacancy rate of 9.6% is significantly higher than the statewide rate12. Owner and rental vacancy rates of 2% and 5%, respectively, are generally considered healthy. The 1-year ACS estimates for Waterloo's 12 The Census Bureau's homeowner and rental vacancy rate calculations exclude units that are not part of the "regular"housing market—e.g.units for seasonal or recreational use,and units that are abandoned or whose owners are not currently offering them for rent. Page3V4 of 418 owner and rental vacancy rates are 1.8% (+/-1.5%) and 7.4% (+/-4.4%), suggesting that the City's housing market may be tightening as it continues to recover from the Recession. Waterloo's rental market may indicate a high level of turnover among renters. This is common in communities where a high proportion of renters are economically insecure, since these renters may be compelled to move frequently to find affordable units. Additionally, economically insecure renters may be more likely to fall behind on rent and experience eviction. Overall, Waterloo has an older housing stock than the County or the State. Fewer of Waterloo's housing units were built after 1990, and more of its units were built before 1970. As a result, Waterloo's residential property owners may be more likely to face maintenance challenges. Additionally, lead-based paint was regularly used in homes until it was banned in 1978, and 82% of Waterloo's housing stock was built before 1980. The City's homeownership rate of 64.1% is comparable to the national homeownership rate, but is lower than the County and statewide homeownership rates. Waterloo's median home value of $104,200 is substantially lower than the countywide and statewide median home values, and median monthly housing costs for Waterloo homeowners are generally lower as well.Waterloo's median gross rent of$672, which includes utility costs as well as rent payments, is also relatively low. However, because Waterloo's incomes are relatively low, its lower housing costs do not translate to lower cost burdens (see Glossary on p. 3). Housing costs are generally considered affordable if they consume no more than 30% of a household's income, but about 1 in 6 owner households with a mortgage are paying 35% or more of their income on housing in Waterloo. Housing cost burden is more prevalent among renters, with about 2 in 5 renters paying 35% or more of their incomes for housing. Page3V5 of 418 Table 4:Waterloo Housing Overview Housing Subject Iowa Black Hawk Waterloo County HOUSING OCCUPANCY Total housing units 1,369,379 57,073 30,684 Vacant housing units 8.7% 7.4% 8.3% Homeowner vacancy rate 1.6% 1.8% 2.2% Rental vacancy rate 6.2% 8.4% 9.6% UNITS IN STRUCTURE 1-unit, detached 73.7% 69.1% 67.0% 1-unit, attached 3.8% 3.7% 4.2% 2 units 2.4% 3.9% 3.9% 3 or 4 units 3.4% 3.9% 4.3% 5 to 9 units 3.7% 4.8% 5.4% 10 to 19 units 3.9% 5.1% 5.2% 20 or more units 5.3% 6.0% 6.5% Mobile home 3.8% 3.5% 3.4% YEAR STRUCTURE BUILT 2010 or later 1.8% 1.6% 1.3% 2000 to 2009 11.8% 7.9% 5.5% 1990 to 1999 10.9% 6.8% 4.8% 1960 to 1969 10.6% 14.9% 14.6% 1950 to 1959 10.6% 18.1% 18.6% 1940 to 1949 5.7% 7.4% 8.7% 1939 or earlier 26.5% 21.1% 25.2% HOUSING TENURE Owner-occupied 71.5% 67.5% 64.1% Renter-occupied 28.5% 32.5% 35.9% MORTGAGE STATUS Housing units with a mortgage 61.2%* 62.6% 62.9%* Housing units without a mortgage 38.8%* 37.4% 37.1%- HOUSING VALUE AND COSTS Median value (owner-occupied) $129,200 $130,200 $104,200 Median monthly owner costs (units with mortgage) $1,171 $1,074 $959 Media monthly owner costs (units without mortgage) $434 $402 $391 Median gross rent $697 $700 $672 Housing costs >_35% of income (owner HI-Is with mortgage) 15.1% 14.5% 16.7% Housing costs >_35% of income (owner HI-Is without mortgage) 8.5% 6.6% 7.0% Housing costs >_35% of income (renter HHs) 36.1% 41.8% 42.1 Source: 2015 American Community Survey 5-year estimates. Iowa and Black Hawk County values in bold and italic are significantly different from Waterloo values at the 90%confidence level. *Difference is marginally significant Page 186 of_A18 Comprehensive Housing Affordability Strategy (CHAS) data, a custom dataset prepared for HUD by the Census Bureau, can be used to further understand housing-related hardships among households in different income brackets. CHAS data determines how many households are low- or moderate-income (LMI) by comparing a household's income to the Area Median Income (AMI) for households of the same size. According to the definitions used in this report, households up to 50% AMI are low-income, while those between 51% and 80% AMI are moderate-income (see Glossary on p. 3). A drawback to CHAS data is the lag time between when it is collected and released, in addition to the limitations described earlier for ACS estimates. Figure 10 shows the number of households by income bracket and tenure in Waterloo. Owner households with incomes over 100% AMI comprise the single largest group of households in Waterloo, but 52 percent of the City's households are LMI. Most extremely low-income households(ELI;see Glossary on p. 3)are renters,while ownership becomes the dominant tenure type by the moderate-income bracket (>50% to 80% AMI). Homeownership is an important wealth-building avenue, and communities typically aim to have a critical mass of homeowners in each neighborhood. However, as Figure 10 shows, rental housing is a necessary option for many LMI households who may be unable to financially sustain homeownership. 9,000 u 8,000 t s 7,000 3 v 6,000 .�E. 3 Q- 5,000 tA E c u 4,000 In W .— v1 3,000 o 3 2,000 0 1,000 . 0 Z Extremely Low- Low-Income(31- Moderate-Income Middle-Income Middle/Upper Income(0-30% 50%AMI) (51-80%AMI) (81%-100%AMI) Income(>100% AMI) AMI) ■Owners ■Renters Figure 10:Waterloo Households by Income Bracket and Tenure Source: HUD Comprehensive Housing Affordability Strategy(CHAS)2010-2014 Figure 11 shows the percentage of owner and renter households at different income brackets with housing problems. As the Venn diagram at the bottom of Figure 11 indicates, the CHAS Page3?7 of 418 definition of "housing problems" is extremely limited, including only cost burden, a lack of complete plumbing or kitchen facilities, and overcrowding (one or more persons per room). Cost burden is by far the most common housing problem in Waterloo and most communities across the U.S., but considering these other housing problems gives a fuller picture of the challenges low- and moderate-income (LMI) families face in finding affordable and adequate housing. As Figure 11 highlights, "severe housing problems" are a subset of overall housing problems. By far the most common severe housing problem is a housing cost burden over 50% of income, known as "severe cost burden." Focusing on severe housing problems provides a more conservative analysis than focusing on all housing problems. However,even a cost burden slightly above 30%can be a hardship for LI households, especially those with extremely low incomes (ELI; see Glossary on p. 3). Page3V8 of 418 Owner Households 100% 85% ■With 1 or More Housing o Problems � 80% 77/ s ■With 1 or More Severe 3 60% Housing Problems 0 = 43% � 40% v 26% U v20% 14% a 6% 10% 0% 11 1 N I M - Extremely Low-Income(0-30% Low-Income(31-50%AMI) Moderate-Income(51-80% Middle-Income(81%-100% AMI) AMI) AMI) Renter Households 100% 90% ■With 1 or More Housing 75% o Problems 80% 74/0 ■With 1 or More Severe Housing Problems 3 60% 0 x 40% v 27% 30% U a 20% 13% 10% 9% 0% 1 1 1 1 N M = Extremely Low-Income(0-30% Low-Income(31-50%AMI) Moderate-Income(51-80% Middle-Income(81%-100% AMI) AMI) AMI) Severe Housing Problems Housing • 1' of • Housing • 0 Incomplete kitchen or Overcrowding(>I person per •• Figure 11: Housing Problems by Tenure and Income Bracket in Waterloo Source: HUD CHAS 2010-2014 Page 189 ofA18 Not surprisingly, housing problems are more prevalent at lower income brackets in Waterloo (Figure 11). Among ELI households, housing problems are ubiquitous and usually severe. As one moves up the income ladder,the prevalence of severe housing problems decreases more rapidly than the prevalence of housing problems overall. This indicates that as a household's income increases, its housing problems are more likely to be moderate. Renter households are generally more likely than owner households to experience housing problems, including severe problems, although the data in Figure 11 does not distinguish between owners with and without mortgage S13. In terms of absolute numbers, LI renter households (:550%AMI) comprise over half of all LMI households with housing problems in Waterloo (4,440 out of 8,000 households — See Appendix A). Homebuyer Market According to local Multiple Listing Service (MLS) data (Table 5), Waterloo's median home sale price of $111,000 is considerably lower than that of Cedar Falls, its neighbor city ($189,900), or Dubuque, another industrial river city in eastern Iowa ($186,294). However, Waterloo's volume of home sales compared to its total population and owner housing stock is relatively low, indicating some market tightness. Waterloo's ratio of home sales to population is 0.014, equal to Cedar Falls' ratio and lower than Dubuque's ratio. Additionally, Waterloo's ratio of sales to owner housing stock is lower than in Cedar Falls and Dubuque. Table 5: Home Sales in Waterloo and Comparison Cities Median Average Ratio of Number Ratio of City Population Median Days on Annual Sales to of Sales to Sale Price Market Sales Population Owner Owner Units Units Waterloo 68,357 $111,000 34 961 0.014 18,484 0.052 Cedar 40,828 $189,900 24 587 0.014 9,639 0.061 Falls Dubuque* 58,535 $186,294 46 1036 0.018 15,437 0.067 Source: MLS 2/23/15 to 2/22/18 except*1/1/15 to 2/21/18,2016 5-year ACS 13 In communities that have high housing costs and/or had large housing bubbles before the Recession, housing problems are often more prevalent among LMI owners with mortgages than among LMI renters. Since Waterloo's housing costs are relatively low, LMI owners with mortgages may not have substantially higher rates of cost burden than LMI renters. Page 3V0 of 418 Affordability of Homes for Sale Affordability of homeownership is a function of both a community's housing costs and the incomes of prospective homebuyers. Table 6 shows the maximum affordable home prices at different income levels, which were calculated based on the following assumptions: • 30-year fixed-rate mortgage at 4.3% interest • Federal Housing Administration (FHA) insured mortgage with 3.5% down payment • Front-end ratio of 31%, back-end ratio of 41%, monthly household debt other than mortgage is 15% of income • Assessed value is 85% of purchase price • Annual mortgage and homeowner insurance costs combined are 1.5% of the purchase price Table 6:Affordability of Homes for Purchase in Waterloo Buyer Annual Income Affordable Purchase Price Household with minimum income needed to buy median-priced Waterloo home $38,481 $111,000 Household at annualized laborshed wage $42,796 $123,251 ($823/week) Household at annualized median wage in Black Hawk County($18.24) $37,946 $109,483 Household at Waterloo's median household income $44,153 $127,103 (2015 ACS 1-y) Female-headed household with median earnings for $311778 $91,973 female full-time,year-round worker(2015 ACS 1-y) Household with minimum income needed to buy home built in 1968 or later outside 100-year $53,980 $155,000 floodplain* Source: Iowa Workforce Development [IWD] Region 7 2017 Annual Profile; 2015 ACS 5-year and 1-year estimates; MLS 2/23/15 to 2/22/18 except*5/23/14 to 5/22/17, IWD 2016 Occupational and Employment Statistics(OES) Waterloo's median home purchase price of$111,000 is affordable to a household with an annual income of at least $38,481. This is somewhat lower than the average laborshed income, the median income for all occupations in Black Hawk County, and Waterloo's median household income. Ostensibly, this means that Waterloo's home prices are well matched to the incomes of Page4VII of 418 people who live and work in the greater Waterloo area. However, some lower income buyers may have difficulty buying a median-priced home in Waterloo. For example, the median annual earnings for female-headed households in Waterloo are only $31,778, which allow a maximum purchase price of only $91,973. Moreover, many lower-priced homes are older and may have costly deferred maintenance needs. The median price for a home built within the last 50 years outside the 100-year floodplain is $155,000, which is only affordable at a household income of $53,980 or higher. $25.00 r_ 0 m $20.00 U O $15.00 0 v ao M $10.00 a� c $5.00 ai - - L — a� $0.00 cLy ty ` \l e oya eo * � ° ate \La e� iPti c �Pe ear a\Qh i\a�� acQ Pyyecc a `�&� Gear Cr\ac 1011 a o� Cea el `� a°a� ea`G e eat eery a a Oe� Qt\ ` Sc�O ff• �e Q�J\�t�\ C.��et a•`cao a�ota 4j, 0y, Aar ago mea otet5 �e�ae ear eae �e �a Figure 12:Affordability of Median-Priced Homes in Waterloo for Selected Occupations Source: MLS 2/23/15 to 2/22/18, IWD 2016 OES *By hand **Assuming 40 hrs/wk, 52 wks/yr Figure 12 compares the 751h percentile wage of key occupations in Black Hawk County to the lowest wage needed to afford a median-priced home in Waterloo. The occupations shown collectively account for 14% of all occupations in Black Hawk County, and the 75th percentile means that 75% of workers in an occupation earn this wage or less. A household must earn at least $18.50 per hour to purchase a median-priced home in the City, assuming its breadwinners work 40 hours per week, 52 weeks per year. Several blue-collar occupations that are typically considered to be pathways to the middle class, including carpentry,team assembly, welding, and Page41192 of 418 truck driving, offer sufficient wages at the 75th percentile to buy a median-priced home. Several industrial and health occupations, including meat packers, laborers, nursing assistants, and medical assistants,fall a few dollars short of the 75' percentile wage needed to afford a median- priced home. Notably, some vital service occupations, including child care workers, personal care and home health aides, and teacher assistants, fall far short of the wage needed to purchase a median- priced home (Figure 12). Many homebuyer households have two breadwinners, but one earner can easily slip below full-time employment due to job loss, illness, or child care responsibilities. Thus, homeownership is difficult to attain for low-wage couples with children. Low-wage single parents struggle even more to purchase homes because they are often the only breadwinner. This means,for example,that a single mother working as a nursing assistant at the 75th percentile wage would fall short of the income needed to purchase a median-priced home. Of course, half of the homes sold in Waterloo are below the median price, meaning that some inventory is available for homebuyers who cannot afford a median-priced home. Figure 13 compares the annual average home sales below the median price to the number of renter households in two ACS income brackets that may include LMI prospective homebuyers. In 2015, the $25,000 to $34,999 income bracket ($12.02 to $16.83 per hour) had an estimated 2,307 renter households in Waterloo, while the $20,000 ($9.62 per hour) to $24,999 bracket had 582 renter households, for a total of 2,889 potential LMI homebuyers. 3,500 ■$20,000 to$24,999 �a 3,000 ■$25,000 to$34,999 :2 2,500 0 s 2,000 s 1,500 0 1,000 E 500 3 Z 0 Renter households in income Renter households in income Average annual home sales below bracket bracket(lower bound of estimate) median price Figure 13: Comparison of Lower-Income Renter Households and Lower-Priced Home Inventory in Waterloo Source: 2015 ACS 1-year estimates; MLS 2/23/15 to 2/22/18. Lower bounds of estimates are calculated by subtracting the margin of error from the estimate. Page4JP3 of 418 Renter households in each of these income brackets outnumber the average annual inventory of 480 homes sold below the median price in Waterloo. At this level of inventory, it would take over 6 years for all renters in these income brackets to buy homes. Even when the lower bound estimates of renter households in these brackets are used (total of 1,787 households), it would take nearly 4 years for all renters in these brackets to buy homes below the median price. If the costs of repairing "fixer-uppers" among these 480 homes were taken into account,the inventory would be even smaller. Purchase assistance programs are essential for many LMI households aspiring to homeownership. Purchase assistance is commonly offered by local governments or nonprofit agencies with a pre-approved pool of lenders willing to issue mortgages to households in the program. Credit counseling agencies can help households improve their credit histories to meet lenders' requirements, and purchase assistance programs often require participants to attend a homebuyer education course offered by a HUD-approved credit counseling agency.The City once operated a Housing Partnership program, which offered purchase assistance for LMI households buyout homes in the Consolidated Urban Revitalization Area (CURA), which is described in the section on Waterloo's housing programs.The Housing Partnership provided up to$5,000 in down payment assistance, and up to $29,000 to reduce the purchase price for newly constructed homes. LMI prospective homebuyers in Waterloo may still receive down payment assistance from the Iowa Finance Authority (IFA), but the maximum amount is only $2,500. To expand opportunities for ILMI first-time homebuyers, the City or one of its partners may need to offer a local purchase assistance program again. Rental Market To obtain firsthand information on prices and vacancy rates for Waterloo's "market-rate" (unsubsidized) rental housing stock, surveys were requested from several property managers, two of which responded. The average rents reported range from $599 for 1-bedroom units to $931 for 3-bedroom units. These rents are higher than HUD's Fair Market Rents (FMRs) for efficiencies and 2-bedroom units, comparable to FMR for 1-bedroom units, and lower than FMR for 3-bedroom units. Although the rents reported in the surveys do not consistently exceed FMRs, they are out of reach for many low-wage workers, as the Rental Affordability section will show (see Figure 15). Moreover, the survey responses in Table 7 show a low vacancy rate (2.2%) and a turnaround time of less than a month for vacant units.This suggests that the professionally managed rental market is much tighter than Waterloo's overall rental market. As later sections will discuss, renters who cannot afford or qualify for high-quality units are forced to rent substandard units, and some even become homeless. Page4V4 of 418 Table 7:Waterloo Rental Market Information from Property Manager Surveys Variable Survey HUD Fair Market Rent FY2017 Results in Waterloo Metro Area Rental units represented in survey 638 Efficiency $613 $496 Average Rent 1 Bedroom $599 $597 2 Bedrooms $787 $755 3 Bedrooms $931 $986 Vacancy Rate 2.2% Days on Market (weighted average) 26 An additional survey was administered to managers of subsidized multifamily rental properties in Waterloo. Located within the city limits are several privately owned rental properties that are subsidized by HUD's Project-Based Section 8 program, the Low Income Housing Tax Credit (LIHTC), or both. Together, these properties account for 1,260 subsidized units. Additionally, the Waterloo Housing Authority has 50 public housing units for seniors.These 1,310 rental units have "project-based" subsidies that stay with the unit. By contrast, Housing Choice Vouchers (HCVs, also known as Section 8 vouchers) are "tenant-based" subsidies that recipients use to rent units of their choice in the general rental market14. The City of Waterloo currently issues 1,056 HCVs. Project-Based Section 8 is targeted mainly to ELI and LI renters, providing a "deep" subsidy by paying the difference between the rent they can afford to pay (30% of income) and fair market rent for the unit. LIHTC, by contrast, provides a "shallow" subsidy by indirectly reducing the cost of construction, allowing rents to be set at a level affordable to households at a certain income level (usually 40% to 60% AMI). However, LIHTC tenants below the maximum allowed income level may pay more than 30% of income on rent. Waterloo's rental developments with project-based subsidies can be grouped into two broad categories: general occupancy developments (also known as "family" developments) and developments for seniors and people with disabilities. Of the 24 subsidized multifamily rental developments identified in Waterloo, responses were received from 17 properties with a combined total of 928 units. This analysis does not include smaller subsidized rental properties owned by local nonprofits, but these units comprise a small percentage of all subsidized rental units in Waterloo. 14 The total rent, including the tenant-paid and HCV-paid portions, must not exceed the local housing authority's "payment standard."Generally,the payment standard cannot be less than 90%or more than 110%of Fair Market Rents. Page4V5 of 418 Table 8 and Table 9 summarize data from the 7 subsidized general occupancy developments for which surveys were collected. Of the 301 rental units in these properties combined, 239 (79%) are in LIHTC developments that do not provide deep subsidies to tenants, although these developments generally accept Housing Choice Voucher recipients. Nineteen of the family units (6.3%) are vacant for rent, while 110 households are on waitlists. If one development with a 40% vacancy rate is omitted from the analysis, the average vacancy rate of the remaining developments is 3.3%. Notably, another development with 40 units and 0%vacancy accounts for 50 waitlisted households, and their waitlist is closed. Among the two Project-Based Section 8 family properties,vacant-for-rent units spend only 4 days on the market on average when they are listed for rent, while the LIHTC units spend an average of 64 days on the market. However, time on market varies widely for vacant LIHTC units, with two developments reporting zero days on market and another two developments reporting 180 days. In terms of accessibility, about half of the family units are either fully compliant with Americans with Disabilities Act (ADA) accessibility standards, or have some accessibility features such as wide doorways, grab bars in bathrooms, and lever door handles. As Table 9 shows, the difference between average rents for shallow-subsidy LIHTC units and market-rate units varies widely, from less than $100 for 1-bedroom units to over $500 for the few 4-bedroom units in this housing stock. Even among units for households up to 60%AMI, the most common target income for shallow-subsidy LIHTC units, rent varies considerably. For example,the lowest rent for 1-bedroom units for 60%AMI households is $388, while the highest rent is $596, almost equivalent to HUD's Fair Market Rent (FMR) for 1-bedroom units in the Waterloo-Cedar Falls metropolitan area. Similarly, the highest rent for 2-bedroom units at 60% AMI is $709, only $56 less than the 2-bedroom FMR. This range occurs because LIHTC property managers may charge up to the maximum affordable rent for a unit's targeted income bracket, but some property managers—especially nonprofits—choose to charge less. Notably, the 1-bedroom FMR in Waterloo is lower than the maximum affordable rent for a 60% AMI household, while the 2-bedroom FMR is comparable to the maximum affordable 60% AMI rent. In other words, modest unsubsidized units may actually be more "affordable" than LIHTC units. This is not uncommon in communities like Waterloo with relatively low market rents, and it can limit demand for LIHTC units. Page4' 96 of 418 Table 8: Survey Data for Subsidized General Occupancy Rental Developments* in Waterloo Total Units by Bedroom Size Weighted Partly/Fully Development Total Max Units by Vacant for Households Average Days Accessible Type Units Income Max 1 2 3 4 Rent on Waitlist on Market Units Income Project-Based Section 8** (2 62 50-80% 62 0 32 20 10 3 26 (2 AMI*** properties) 4 18 properties) 30%AMI 8 0 4 4 0 LIHTC, no 40%AMI 2 0 0 0 2 deep subsidy 239 50%AMI 30 0 10 16 4 16 84(3 64 143 (5 properties) 60%AMI 175 52 81 42 0 properties) 80%AMI 24 12 12 0 0 Totals 301 301 64 139 82 16 19 110 54 161 *Rental developments for which surveys were received. **Some Project-Based Section 8 developments have received LIHTC financing for renovation. ***In most cases, Project-Based Section 8 beneficiaries must be :550%AMI, and at least 75%of these beneficiaries must be !20%AMI. Local data for Project- Based Section 8 units in Waterloo indicates that 97%of beneficiaries are<_50%AMI and 77%are!20%AMI. Table 9: Comparison of Rents in Waterloo's Subsidized General Occupancy Rentals* to Fair Market Rents and Maximum 60%AMI Rents Unit Number Average Rent Range for HUD Fair Market Rent Maximum Allowed Rents for Size of Units Rent 60%AMI units FY2017 in Waterloo Units Affordable at 60%AMI in Metro Area Black Hawk County(FY 2017) 1 BR 64 $508 $388 -$596 $597 $714-$717 2 BR 107 $648 $460-$709 $755 $765 -$768 3 BR 62 $740 $780-$822 $986 $918-$921 4 BR 6 $700 N/A $1,222 $1,061 -$1,064 *Rental developments for which surveys were received. Page 197 of 418 46 Surprisingly, though, the LIHTC development with the lowest rents for households at 60% AMI also has the highest vacancy rate and turnaround time for vacant units, while the development with the highest rents for 60% AMI units has a 0% vacancy rate and a waitlist equal to one-third of its units (data not shown). Some of Waterloo's more expensive LIHTC units may have strong demand because they tend to be of higher quality than less expensive market-rate units. These units may also be an important resource for Housing Choice Voucher recipients, who have a limited amount of time to find a unit below FMR where vouchers are accepted. Table 10 and Table 11 summarize data from the 10 subsidized developments for seniors and people with disabilities for which surveys were collected. These developments have a combined total of 577 units, nearly twice as many as in the family developments. In contrast to family developments, most of these developments for seniors and people with disabilities (80%) have deep subsidies, predominantly from the Project-Based Section 8 program. Survey data on vacancy rates, waitlists, and unit turnover indicates an even tighter market than for affordable general occupancy developments. Only 3 units (0.5%) were identified as being vacant for rent, with combined waitlists of nearly 200 and an average turnaround time of only 10 days for vacant units. Most developments for seniors are also open to people with disabilities, and most have at least a few accessibility features in their units. However, disability advocates in Waterloo have expressed concern that the supply of fully wheelchair-accessible subsidized apartments is limited (see the section on housing needs for seniors and people with disabilities). One reason for this limitation is that many of Waterloo's senior complexes were built several decades ago when architectural features to accommodate wheelchairs were not widely used. Indeed, in the first 3 developments listed in Table 11, few of the units are fully wheelchair accessible. For 3 other developments,the managers did not specifically list wide doorways among the units' accessibility features. Moreover, as the discussion of housing needs of special populations will show, the supply of affordable, accessible units is simply too small to meet the needs of all LMI people with disabilities. Overall,the survey data for subsidized developments in Waterloo shows that they fill a vital need in the community's housing market. This is especially true for deeply subsidized units and the developments serving seniors and people with disabilities,which have low vacancy rates and long waitlists. Notably, demand exceeds supply for Housing Choice Vouchers as well. The waitlist reported in the City's 2015-2019 Consolidated Plan for HUD block grant funds was about 2,000 households, or four years long, and was still 882 households long when the 2019-2023 Consolidated plan was prepared. Even among shallow-subsidy developments for general occupancy, demand is generally brisk.This suggests that Waterloo has potential demand for new shallow-subsidy rental units serving households in the 40% to 60% AMI range. However, Page41798 of 418 developers of shallow-subsidy rental properties should ideally conduct market studies to ensure that they can fill the units without"cannibalizing" occupancy from similar existing developments. To make maximum use of its existing affordable housing stock, the City may also wish to work with the few developments that have high vacancy rates and turnaround times to help them fill units. The greatest demand is for deep subsidies and units affordable to ELI renters. However, in the current state and federal funding climate, it is increasingly difficult to develop affordable rental housing for these populations. Whenever possible, the City should foster rental development that is affordable to ELI households — for example, by helping developers obtain additional subsidies for LIHTC units to allow them to reduce rents. Page4V9 of 418 Table 10: Survey Data for Subsidized Rental Developments for Seniors and People with Disabilities* in Waterloo Total Units Units by Bedroom Size Vacant Weighted Development Total Households Max Income by Max for on Waitlist Avg Days Type Units Income 0 1 2 Rent on Market Project-Based Section 8** (7 properties)or 460 AIS 80*0 460 47 411 2 3**** >_79**** 8.5**** Public Housing(1 property) LIHTC, no deep 40%AMI 15 0 8 7 subsidy(2 117 50%AMI 57 0 57 0 0 117 15 properties) 60%AMI 45 0 22 23 Totals 577 577 47 498 32 3**** >_196**** 10**** *Rental developments for which surveys were received. **Some Project-Based Section 8 developments have received LIHTC financing for renovation. ***In most cases, Project-Based Section 8 beneficiaries must be<_50%AMI,and at least 75%of these beneficiaries must be<_30%AMI. Local data for Project-Based Section 8 units in Waterloo indicates that 97%of beneficiaries are S50%AMI and 77%are<_30%AMI. ****One property manager did not provide data on vacancies,waitlists,or days on market. Table 11:Accessibility Features and Occupancy Restrictions in Subsidized Rental Developments for Seniors and People with Disabilities* in Waterloo Units in Development Accessible Units/Features(as described by manager) Occupancy Restrictions/Waivers Grab bars in every bathroom, 6 units wheelchair accessible Age 62+, or 55+with age waiver,or 50 with walk-in shower,open floor plan. mobility-impaired. No age requirement for wheelchair accessible units. 57 6 units with roll-in showers,ADA cabinets and appliances. Age 62+or disability 85 Some [units have] wide doors,walk-in showers, lower cabinets Age 62+or wheelchair-bound etc. 60 Grab bars in bathroom(s), lever door handles,front loading Age 55+ washer/dryers,walk-in showers with seats. g Wide doorways,open lower cabinet in kitchen,elevated stool, 81 grab bars in bathroom, lever handles, roll in showers. Age 62+or disability Wide doorways,open lower cabinet in kitchen,elevated stool, 80 grab bars in bathroom, lever handles, roll in showers. Age 62+or disability 84 Door openings wider, bathroom grab bars in bathroom,sinks Age 62+or disability.A 55+age waiver has lower, peep hole is lower, lever door handles. been granted in the past. Age 62+or disability.Others can apply, but 30 Grab bars,walk-in showers, kitchen is set up for handicap. preference goes to 62+, people with disabilities,and people experiencing homelessness. Age 62+or disability. Others can apply, but 50 Grab bars,walk-in showers, kitchen is handicap accessible. preference goes to 62+, people with disabilities,and people experiencing homelessness. *Rental developments for which surveys were received. Page 200 of,418 Rental Affordability As the Housing Overview showed, severe cost burden is widespread among LMI households, especially renters. In Waterloo and most other communities around the nation, rents that are affordable to lower income households, especially ELI households, are insufficient to cover the costs of building, operating, and maintaining market-rate rental housing,while subsidized rentals are in short supply. Additionally, many affordable rental units are occupied by households in higher income brackets, so they are not available to LMI households. Figure 14 shows rental units that are both affordable and available to ELI and LI renter households in Waterloo15. For this discussion, LI renters include those between 31% and 50%AMI. There are affordable rental units available for 27% of ELI households and 98% of LI households, including both occupied and vacant units. Expressed another way, there are 27 affordable and available units for every 100 ELI renters, and 98 affordable and available units for every 100 LI renters. For ELI renter households, the percentage of households in affordable units and the percentage that are severely cost burdened adds up to nearly 100%, suggesting that virtually the only way an ELI renter can avoid severe cost burden is to find a subsidized unit. 100% ■Affordable/Available 0 80% Units(occupied + H +1 vacant) 3 Y 0 u 70% _ ;° 60% m +, ■Affordable/Available v E Units(occupied cC 040% only) 0 c __ Qj U 20% W ■Severely Cost a Burdened 0% Extremely Low-Income (!M%AMI) Low-Income (31-50%AMI) Figure 14:Affordable and Available Units for Lower Income Renters in Waterloo Source: HUD CHAS 2010-2014 11 CHAS data provides estimates of units affordable to and rented by members of different income brackets, based on reasonable assumptions about the household size that would occupy each unit. For example, the rent for a 2- bedroom unit would be compared to the amount of rent affordable to a household size between 2 and 3 persons. CHAS data may overestimate the number of units affordable and available to lower income brackets, since a household at the lower end of an income bracket would pay more than 30% of income in a rental targeted to a household at the higher end of that income bracket. However, it is unlikely that a household slightly over 30%AMI would be severely cost burdened in a rental targeted to a 50%AMI household. Page &1 of 418 In practice, not all affordable vacant units are necessarily available to lower income households. Higher-income households are often more competitive in the rental market, since they are less likely to have eviction histories or credit problems, and they may be able to pay security deposits more quickly. This is true even for many subsidized rental developments, which often use tenant screening criteria similar to those of market-rate developments. When we exclude vacant units from the analysis, there are only 23 affordable units available for every 100 ELI renters, and only 66 affordable units available for every 100 LI renters. Competition for vacant units is more likely to be a factor for LI renters (31%to 50%AMI), since vacant rentals affordable to ELI households are fewer and more likely to be subsidized with income restrictions. This competition for affordable vacant units may explain why a full 20% of LI renters remain severely cost burdened. Figure 15 compares wages in common occupations in the Waterloo area to Fair Market Rents (FMRs) in Black Hawk County. The chart shows both median wages and 25th percentile wages, used to approximate entry-level wages in each occupation shown. At the 25th percentile wage, many of the area's most common occupations, including foodservice workers, cashiers, retail workers, and janitors, cannot afford a 1-bedroom unit at the Fair Market Rent of$569 for 2016, let alone a 2-bedroom unit at the 2016 FMR of $729. Many median-wage workers in these occupations, as well, are unable to afford 1-bedroom and 2-bedroom units at Fair Market Rent. As noted in the discussion above about housing affordability for low- and moderate-income homebuyers, housing is more affordable when a household has two or more breadwinners. However, workers are susceptible to disruptions such as illness, layoffs, and child care emergencies, and many households are headed by single parents. Moreover, at the low end of the wage spectrum in Figure 15, there is not much difference between entry wages and median wages, which are little more than half the wage needed to afford a 2-bedroom apartment that could accommodate a family without overcrowding. The next section will provide local qualitative data on housing quality and affordability, and resident perspectives on Waterloo's housing stock. Page_402 of 418 $16.00 $14.00 $12.00 $10.00 a� $8.00 $6.00 2.L c $4.00 $2.00 $0.00 ell, �e 45 et �e 5o et ae a� �� ty � 1 of ate �` ayr et �a� JJ° �' �a\eyQ �aC�e \y�'ea\�.c y� teye�c \a\`S° het yam �a°a �a\ tea c lle z y� � °° et \�C e�0 e10 �`o� ll C.° t� to ,00 �a ■25th Percentile Wage ■ Median Wage Figure 15: Rental Affordability for Common Occupations in Waterloo Metropolitan Area Source: IWD 2016 OES, HUD Fair Market Rents 2016 *In Top 20 most common occupations(out of 340) **In Top 50 most common occupations(out of 340) tExcept maids and housekeepers ttBy hand Housing Programs in Waterloo As the preceding sections have shown, Waterloo has significant housing needs despite its relatively soft housing market. With its relatively low incomes, and a relatively high proportion of properties with low taxable values, Waterloo faces challenges in providing housing for LMI families and supporting development efforts to attract higher-income residents. Currently, the City uses several different funding and policy tools to promote an adequate, high-quality supply of housing. These programs have varying purposes — some support new construction or rehabilitation of homes for low- and moderate-income households, while others are designed to increase Waterloo's housing starts and residential tax base, or to revitalize older neighborhoods. Often, these housing programs are designed to achieve several goals at once. Page_92203 of 418 Table 12: Programs Promoting Housing Construction, Rehabilitation,and Sales in Waterloo Approx. Activity Responsible Entity Units/ Notes Year Single-family comprehensive rehabilitation City of Waterloo Community assistance for LMI homeowners Development Department 20 (CDBG/HOME) Emergency repair assistance for LMI City of Waterloo Community Supplemented by Waterloo Housing Trust Fund homeowners Development Department 20 grants. (CDBG/HOME) Wheelchair ramp construction for LMI City of Waterloo Community homeowners with disabilities Development Department 3 (CDBG/HOME) Units assisted annually varies. Waterloo has City of Waterloo Community received multiple HUD lead hazard reduction Lead-based paint hazard control in owner- grants since 2003, which have assisted about occupied and rental housing Development Department (HUD Lead- 24 400 total units. Most units assisted are owner- Based Paint Hazard Control grant) occupied since interest from landlords is limited. Accessibility modifications for LMI Northeast Iowa Area Agency on Aging 5 Supplemented by Waterloo Housing Trust Fund homeowners with disabilities (NE13A) grants. New construction of owner-occupied Iowa Heartland Habitat for Humanity 7 About 1 home per year is partially funded by housing for LMI households City of Waterloo HOME funds. Down Payment Assistance Waterloo Housing Authority 9 Provided as a 5-year forgivable mortgage to qualified LMI,first-time homebuyers Consolidated Urban Revitalization Area Average annual home (CURA)tax abatement for residential or construction/rehabilitation projects from 2013 commercial new construction or City of Waterloo Community Planning& 31 (18 new, to 2017. It is unknown how many of these rehabilitation (<_10%value increase) in core Development Department 13 rehab) homes would have been constructed or neighborhoods rehabilitated in the absence of the CURA. City Limits Urban Revitalization Area Increase in annual average single-family and (CLURA)tax abatement for new City of Waterloo Community Planning& construction of single-family or two-family Development Department 21 two-family home starts, compared to years before CLURA was enacted. structures near city limits Page 204 of 418 53 Approx. Activity(cont'd) Responsible Entity Units/ Notes Year Based on data from 11/20/2017 to 5/3/2021. Available for units on City-owned infill lots, and private lots in subdivisions that are at least 20 Infill Housing Incentive-$5,000 per 22 approved years old and have 60%of lots developed. City housing unit constructed or rehabilitated City of Waterloo Community Planning& for will refund $5,000 of the lot purchase price to on an infill lot Development Department incentive/4 the developer.This incentive is available both completed in the CURA and CLURA, and there is some overlap between units receiving the Infill Housing Incentive and CURA or CLURA tax abatements. Average annual units assisted 2014-2020. Workforce Housing Investment Program WHTC has not been available in Waterloo since (WHIP) $1,000 matching funds for housing City of Waterloo Community Planning& 2018, so the annualized rate captures units supported by state Workforce Development Department 23 fluctuations in state assistance. In general, Housing Tax Credits (WHTC) WHIP is designed to support multifamily units outside the CURA, which are not eligible for CLURA tax abatements. The City has filed for 175 homes since 657A acquisition and rehabilitation or 12 beginning utilization of the 657A program ca. demolition/reconstruction of abandoned City of Waterloo Community Planning& acquired/6 2006.The City has acquired 169 lots and nuisance properties Development Department redeveloped conveyed 79 lots or buildings for residential rehabilitation or infill, or commercial infill. Page 205 of 418 54 Table 12 lists the main programs promoting new construction, rehabilitation, and sale of housing stock in Waterloo. Many are operated by or receive financial support from the City, while others are operated by nonprofit agencies in the region with other funding sources. Several programs are available to improve existing housing stock for LMI households, including comprehensive rehabilitation assistance, emergency repair assistance, and accessibility modifications for people with disabilities. Additionally, Iowa Heartland Habitat for Humanity constructs about seven (7) new homes annually for LMI homebuyers, partly with City assistance. To fund ongoing programs for LMI homeowners and homebuyers, the City relies mainly on annual allocations from the U.S. Department of Housing and Urban Development's(HUD's) Community Development Block Grant (CDBG) and HOME programs. Most of the programs targeted to LMI households are designed for homeowners and homebuyers, although the City's Lead-Based Paint (LBP) Hazard Control Grant program will assist some rental properties. The City supports affordable rental development in other ways as well. For example, the renovations of Hotel President, a subsidized rental development in downtown Waterloo, were eligible for Consolidated Urban Revitalization Area (CURA) property tax abatements, discussed further below. The City also uses some of its HOME allocation to fund temporary rental assistance to help about 12 households exit homelessness each year (see Table 17 in the section on housing needs for people experiencing homelessness). As Table 12 shows, the City's Community Planning & Development Department oversees three programs to support the housing market in Waterloo's older neighborhoods. The first program provides tax abatements for residential new construction and rehabilitation in the Consolidated Urban Revitalization Area (Figure 16). Eligible property owners may receive 100%tax abatement for the value increase for three years, or a partial tax abatement for the value increase over ten years. Between 2013 and 2017, the CURA saw 18 new homes constructed and 13 rehabilitation projects approved annually, on average. Commercial property improvements in the CURA, such as new dining and retail options on Franklin Street, are also eligible for tax abatements. The second program involves City acquisition of abandoned residential properties through a legal process provided in Chapter 657A of the Iowa Code. Many of these properties are structurally unsound, infested with vermin, or used for illegal activities, and may be eyesores that reduce neighborhood property values and diminish community pride. It is possible to rehabilitate some properties acquired through the 657A process, while others are so dilapidated that they must be demolished. Once the City has acquired a property, it searches for a buyer willing to rehabilitate the existing structure, or to reconstruct housing where the original structure was demolished. The new owner then offers the property for sale or rent. Since 2006, the City has sold 79 657A properties, some for residential rehabilitation or infill and others for commercial infill. Page5;06 of 418 i ..........................� ❑Con solidated_Ubran_RaWaJizahan Area VMerlao Cap Limits I I I I i j QS 0.25 0 0.5 mien I I 1 1 ! j i ! + i ! I —A � 1 I _ .c ,rte �— • Figure 16:Waterloo's Consolidated Urban Revitalization Area (CURA) The third program provides an additional financial incentive for rehabilitation or new construction of housing units on infill lots. Since 2017, the City has offered $5,000 per housing unit built or rehabilitated on City-owned lots, and the incentive was extended to certain private lots in 2019 (see Table 12). City-owned residential infill lots are sold through a bidding process, with bids ranked according to price offered, the proposed development's taxable value and compatibility with surrounding development, and other relevant factors. The sale of City-owned Page407 of 418 lots must be approved by the City Council and subject to a development agreement. The $5,000 is paid to the developer upon issuance of a Certificate of Occupancy. By providing an immediate benefit to developers, this payment provides an additional incentive to complement tax abatements for which the property may be eligible. The developer must pay at least $5,000 for the lot, but the first$5,000 of the purchase price is refunded once the unit is ready for occupancy. While the infill incentive is available for eligible lots citywide, it is particularly valuable in older neighborhoods. The program is funded by the same City bonds issued annually to help fund demolitions of unsafe structures on City-owned lots. The debt service on the bonds is paid from general revenue regardless of whether the bonds fund demolition or redevelopment, so the $5,000 incentive uses the bond revenue to invest in the city's tax base and provide a greater benefit than demolition expenditures alone would offer. Iowa Heartland Habitat for Humanity has reconstructed homes on several vacant 657A lots in Waterloo. Typically, Habitat's construction costs exceed the appraised value when the home is complete,since the lots are located in distressed neighborhood with few recent comparable sales for appraisers to consult. The problem of low appraisals deters other potential infill housing developers in addition to Habitat for Humanity. To some extent, the infill incentive and rebate discussed above reduces the barrier posed by low appraisals. To promote new construction, the Community Planning and Development Department offers a tax abatement program for new 1- and 2-family housing units in the City Limits Urban Revitalization Area (CLURA), which encompasses the neighborhoods not included in the CURA (Figure 17). The CLURA program was launched in 2011 to increase Waterloo's housing starts and tax base in the aftermath of the Great Recession. Since its inception, the program has seen 715 new 1- and 2-family homes built. The City's annual 1- and 2-family construction rate has risen from 58.4 units per year to 79.44 units per year since the CLURA program, and the City's overall housing numbers, on an annual basis, have risen from 119.80 to 170.78, also since the CLURA inception. Without the CLURA program, many of these units might have been built in other communities where property values are higher. In September 2017,the City extended the CLURA tax abatements to 2022. In addition to the City of Waterloo, the Waterloo Housing Trust Fund (WHTF) is an important funding source for housing activities benefiting LMI residents. WHTF supports emergency repair and accessibility modification programs for homeowners (see Table 12), as well as shelter and housing programs for people experiencing or at risk of homelessness (see Table 17). WHTF, founded in 2013, was organized as a 501(c)3 nonprofit with initial approval from the City of Waterloo. Like other Local Housing Trust Funds (LHTFs) around the state, WHTF is eligible for a maximum formula allocation from the Iowa Finance Authority each year based partly on its population size, and must secure local matching funds equal to 15%to 25% of its allocation from Page�08 of 418 IFA. Matching funds may come from local governments, philanthropic organizations, corporate donors, and similar sources. If a LHTF does not obtain local matching funds totaling at least 25% of its maximum allocation, it is not eligible for the full allocation amount. The Waterloo Housing Trust Fund has become increasingly important as other housing and community development resources have declined. Waterloo received Neighborhood Stabilization Program (NSP) funds from the federal government to assist with recovery from the Great Recession, and substantial funding was available to build and rehabilitate housing in the wake of the 2008 floods. However, these funds were one-time awards provided for a specific purpose. As these funds have been expended, Waterloo stakeholders report that housing has become a lower priority for local donors than it was in the past. Page409 of 418 � i ar■tea■1��■ 1 7■i■■■Ir °�■1. :■- �.II' ��A~� ,�I i•� ill�ll�.M17�� Illli:ll i r I OR --_ --_:�;.?�'a� , 4 I�LI ;;��■-.+*moi � IN its ■■I aid 'I�i = swig IN WWAM Poil is�. � :=_;'; ■G�■all �j■■'■EWA ■■'� 'sir ; =; bL ■II■. �■■■■■a■■fir■■■�■■■■i■■�-� �MAI ►.�■: �Gr�■ ii■.■■Z■ LMI renter households who could potentially buy homes (see Figure 13). By the same token, only a fraction of potentially eligible households is assisted by programs targeting existing owner- occupied housing in Waterloo. As Figure 18 shows, Waterloo has an estimated 2,740 cost burdened LMI homeowners who might potentially benefit from rehabilitation, emergency repair, lead hazard reduction, or accessibility assistance, but only about 72 eligible homeowners are assisted annually. Even if all 13 homes rehabilitated annually with CURA assistance (see Table 12) were owned by LMI households, the total of 85 households assisted would still comprise a small share of all homeowners in need. Not all LMI owners with moderate cost burden would need or want assistance from these programs, but some non-cost-burdened LMI owners may be interested in assistance— especially if they have substantial medical costs, student loan debt, or other expenses that reduce their disposable income. For comparison, Figure 18 includes an estimate of housing units in fair condition in Waterloo.The estimate of 4,792 units is projected from the percentage of housing units in fair condition according to windshield surveys conducted in 2017 (see following section). Homes in fair condition have a moderate amount of exterior deferred maintenance and may have interior maintenance needs as well. Not all units in fair condition are owner-occupied, and those that are include owners both below and above the LMI income limits for home rehabilitation assistance programs in Waterloo. Nonetheless, this comparison further illustrates the mismatch between need and resources for improving Waterloo's owner-occupied housing stock. PageA11 of 418 6,000 5,000 4,792 N 0 4,000 s v N 3 O 0 2,740 N 3,000 c oa N 2,000 1,000 72 13 LMI Rehabilitation/Repair CURA Rehabs (Units assisted Low-and Moderate-Income Units in Fair Condition Programs(Units assisted per per year) (<_80%AMI),Cost Burdened year) Owners Figure 18: Estimated Supply and Demand for Programs Targeting Low-and Moderate-Income Homeowners in Waterloo Source: City of Waterloo,Waterloo Housing Trust Fund, HUD CHAS 2010-2014,2017 Windshield Surveys Page 212 of 418 61 The View on the Ground: Property and Resident Surveys Windshield Survey of Housing Conditions The quality of a community's housing stock is an important component in understanding its housing needs. If poor-quality housing is widespread in a community, many low- and moderate- income households may have housing-related hardships even if they are not cost burdened. A prevalence of housing with maintenance needs may also indicate an opportunity to meet existing and future demand by rehabilitating vacant units. Between July and September of 2017, staff from the Iowa Northland Regional Council of Governments (INRCOG) conducted windshield surveys in a subset of Waterloo Census tracts.The City's GROW (Grow Residential Opportunities in Waterloo) Committee, which promotes increased homeownership and seeks to strengthen Waterloo's housing market, assisted INRCOG with the selection of three Census tracts for the windshield survey that were considered representative of the City as a whole, in terms of demographic, economic, and housing characteristics (Figure 19, Appendix B). Each unit was given a rating of Good, Fair, Poor, or Dilapidated depending on the condition of the structure in which it is located. To a lesser extent, the condition of the yard surrounding the structure contributed to the rating. The rating system, shown in Table 13, was relatively generous, focusing more on structural problems than on cosmetic issues. A large majority of the housing units in the Census tracts surveyed (82%) were in good condition. However, nearly 1 in 5 homes were in Fair condition or worse. Over 15% of homes were rated Fair, and nearly 100 homes were in Poor or Dilapidated condition. Extrapolating the windshield survey results to the City's total housing stock, nearly 4,800 units are in Fair condition,while over 700 units are in Poor or Dilapidated condition. These homes can have negative impacts on surrounding property values, neighborhood pride, and visitors' first impressions of Waterloo. Page�213 of 418 82425 �� I —f—• � Fra.. �� — - I 17.02 • �' . YYUYG� - �G.rB� p �- 19 24 VI .S s I t ■! 15.03 s.l SW 2 VOW—, Y• 3 - 4a�� 10 12 _9 `- 1 { k ! i:��J 20 Figure 19:Windshield Survey Census Tracts Source: Iowa Data Center(Census Tracts where windshield surveys were conducted are circled in red) Page(A14 of 418 Table 13: Housing Quality Criteria for Winshield Survey of Waterloo Housing Units Units %of Estimated Category Description in Units in Units Survey Survey Citywide* Unit appears well maintained and structurally sound.The foundation and porch structure appear structurally sound and roof lines are straight. Most siding, gutters, trim, windows, and doors should be in good repair with good exterior paint condition. Minor problems such as small areas of peeling paint and/or other routine maintenance items are allowable under this category. A moderate amount of moss or mildew on siding or Good roofs is allowed under this category if the components with moss or mildew are otherwise sound. 2,997 82% 25,153 The yard appears well maintained and is in good condition. The lawn is well kept, with shrubs and bushes trimmed. Roof maintenance needs are allowed under this category if the roof has a few (-5) years left. A roof that should be replaced ASAP is not allowed under this category, even if the rest of the home is well-maintained. Unit appears structurally sound, but is in need of some maintenance and minor repair. These units usually require minor repairs such as painting the house, fixing a broken door or window, putting on new shutters, replace or fix awnings, etc. Issues that are primarily cosmetic but that cover a sufficient portion of the structure to be unsightly("30 or more square feet),such as peeling paint on siding, may put the home in the Fair "Fair" category. There may be moderate issues with one or two major components, such as mild 571 15.6% 4,792 deterioration of roof shingles (possibly meriting a new roof) or a few hairline cracks in the foundation. Yard appears somewhat maintained, but is in need of some additional work or maintenance. Tall grass or weeds are apparent on the property and, in some cases,trash or debris is visible from the street.Simple lawn care or yard clean-up would improve the look of the grounds. Unit appears to have been neglected for a long period of time with one or more visible structural defects, such as uneven roof lines, a broken porch, broken windows/doors, or major cracks in the foundation. The unit is still habitable, but requires major repairs which would be difficult to correct through normal Poor maintenance. 72 2% 604 Yard appears to have been neglected for a long period of time leaving the yard in quite poor condition. Significant yard debris or trash is visible from the street and the yard would require a great deal of time and work to bring to back to a good condition. A unit suffering from excessive neglect, where the building appears structurally unsound and maintenance Dilapidated is non-existent. The building is not fit for human habitation in its current condition, and multiple windows 16 0.4% 134 and/or doors may be boarded up. The building may be considered for demolition or, at minimum, major rehabilitation will be required. Total 3,656 100% 30,684 Citywide estimates based on 2015 5-y ACS estimate of 30,684 housing units in Waterloo. Page 215 of 418 64 As the preceding section showed, the number of housing units in fair condition Waterloo far exceeds the number of LMI owners receiving rehabilitation and renovation assistance annually. Moreover, Waterloo's estimated housing stock in poor and dilapidated condition exceeds the number of housing units acquired annually by the City through the 657A process (Figure 20). At the current rate of twelve 657A acquisitions per year, the City would need 11 years to acquire all properties in dilapidated condition, and 50 years to acquire all homes in poor condition. Over the next few years,some homes currently in poor condition may become dilapidated if they continue to be neglected. Since an average of six 657A homes are redeveloped by new private owners annually, most vacant, dilapidated properties will be out of the active housing market for the foreseeable future. 700 604 600 500 N 400 oa c 3 300 0 x 200 134 100 12 657A Acquisitions(Units per Units in Dilapidated Units in Poor Condition year) Condition Figure 20:Comparison of 657A Acquisition Rate to Housing in Poor and Dilapidated Condition in Waterloo Clearly, the scale of Waterloo's housing needs far exceed available resources for rehabilitation and reconstruction. This partly explains why the City supplements its revitalization efforts with the CLURA tax abatement program for new home construction—it cannot afford to rely solely on programs for existing housing in core neighborhoods. In the short term, the CLURA program has helped the City to keep its total population stable and increase its tax base. In the long term, though, housing and neighborhood quality in Waterloo's core will continue to play a role in the City's public image and overall well-being.As the next section discusses, revitalization throughout Waterloo is a prominent concern among Waterloo residents. Page g16 of 418 Resident Surveys The City of Waterloo's GROW Committee served as the steering committee for the development of this Housing Needs Assessment.The GROW Committee consists of stakeholders in Waterloo's housing market, including representatives from local for-profit and non-profit home builders, real estate firms, and financial institutions, as well as staff from the City's Community Planning & Development and Community Development Departments. The GROW Committee provided insight and guidance on broad housing market issues to address in this document, such as challenges and opportunities for building moderately priced market-rate housing, and the challenge posed by low appraised values in some residential neighborhoods. Recognizing the need for a broad perspective to inform this document, the GROW Committee provided guidance to INRCOG staff in the process of identifying and seeking input from low- and moderate-income residents who may be unable to afford homeownership, or who may live in neighborhoods where new home building activity is limited. People at all income levels desire good-quality housing that they can afford in neighborhoods where they want to live, and housing and neighborhood conditions affect the willingness of homebuyers and businesses to make investments. When residents are financially unable to invest in major improvements, and businesses are unable or unwilling to invest, public support is needed to catalyze revitalization efforts that will raise property values and attract private capital. Waterloo residents who are most impacted by neighborhood challenges should play an integral role in setting priorities for public investment. With this principle in mind, INRCOG conducted a survey of Waterloo residents at venues that serve low- and moderate-income people, members of minority groups, or both. To expedite the survey process and encourage residents to participate, the survey form was brief, and did not include questions about the respondent's race, ethnicity, income, or other sociodemographic factors (see Appendix Q. Surveys were collected from the venues shown in Table 14. Survey results for English Language Learners (ELL) at the Hawkeye Community College (HCC) Metro Center are discussed separately in the section on housing needs of immigrants.This section reviews results for the remaining 100 surveys. Based on INRCOG staff's observation, survey respondents from the Salvation Army lunches and resident resource fairs were racially diverse. The HSC and Senior Companion groups are also diverse, with Black members overrepresented relative to their share of Waterloo's population, and they have barriers in terms of educational attainment and employment (see Appendix Q. This suggests that the surveys were successfully targeted to LMI and minority residents. Page(?617 of 418 Table 14:Venues for Collecting Surveys of Waterloo Residents Venue Number of Surveys Two Salvation Army community lunches 17 Two resident resource fairs at public schools in low/moderate-income 6 neighborhoods Predominantly Black worship center 10 Hawkeye Community College Metro Center- English Language Learners 153 Hawkeye Community College Metro Center- High School Completion 26 Hawkeye Community College Metro Center-Senior Companions 41 Total 253 Figure 21 maps the places of residence for survey respondents. Many points on the map are approximate, since many respondents gave limited information to identify their neighborhoods. The map includes English Language Learners as well as other groups surveyed, and many respondents in the Church Row area are in the ELL group. Figure 22 shows responses to multiple-choice questions on the survey, while responses to open- ended questions are compiled in Appendix C. Several examples of open-ended responses are included in this discussion. Nearly half of respondents are renters, and 35% are homeowners. A significant minority (12%) are staying with family and friends, and 4% are homeless. Only 13% of respondents reported that their housing is unaffordable, but nearly 30% reported that their home has problems that they cannot afford to fix or the landlord will not fix. When respondents were asked how easy it is to find affordable and desirable housing in Waterloo,the most common response (42%) was "somewhat hard." Combined, "somewhat hard" and "very hard" responses (66%) outweighed "somewhat easy" and "very easy" responses (32%). Similarly, open-ended feedback about finding affordable, high quality housing in Waterloo was far more negative than positive. Several respondents indicated that "affordable" housing in Waterloo is not necessarily of good quality or in neighborhoods where they want to live. Moreover, for higher-quality rentals— both market-rate and subsidized—security deposits and tenant screening criteria are a barrier to many low-income renters. Those with criminal records or past evictions have particular difficulty finding good-quality rentals. Because the housing that is "affordable" and easy to find in Waterloo tends to be lower quality, two respondents checked both "Somewhat Easy" and "Somewhat Hard" on the survey form. Low-income homebuyers also face barriers when applying for mortgages and finding affordable homes, even in Waterloo's relatively low-cost home sale market. For those who are unable to work, housing choices are especially limited. Page gl8 of 418 !L'oii■H 51 FDOMId 51 Eleclr,c Park Ballroom ?sa R.4H Rd Irn�w�8�hn6b Aas Hope Mart■n es Memorial Perk � 9 P99 .. 99 9 �Gr - - �ar�y4� Eva, �ePark - � Park 9 9o Evansdale w 3+n LI■esu ur syd IOWA jk"L t fan C. 21 ListedSurvey respondents who r ■ - lost Island wateioark nv Side" English Language Learners 7 1 All others 17 10 Cedar Valley Arboretum &Botanic Garden loa E E■arq•Im 718 Figure 21:Approximate Places of Residence for Survey Respondents (English Language Learners and Other Groups Source: Google Maps Page a19 of 418 What is your housing situation? Is your current housing Does your home have situation affordable? problems that you can't afford to fix or the landlord won't fix? in 4% 2% 47% pm� ■ Family/friends ■ Homeless ■ Other ■ Own ■ Rent ■ No ■Yes ■ Yes ■ No How easy is it to find an affordable, Have you or anyone you Have you or someone you safe, comfortable place to live in know ever received a know ever experienced Waterloo? Housing Choice Voucher? housing discrimination? ■ Very easy ■ Somewhat easy ■ Somewhat easy/ somewhat hard ■ Somewhat hard 2% ■ Very hard ■ No ■Yes ■ No ■ Not Sure Yes Figure 22: Multiple-Choice Survey Responses for Non-ELL Respondents Page 220 of 418 69 Nearly 30% of respondents indicated that they or someone they know have received a Housing Choice Voucher (HCV) from the Waterloo Housing Authority at some point. However, many had difficulties using their vouchers. Of the 21 respondents who indicated that they or someone they knew had received a voucher, 10 indicated that it was difficult to 1) find a landlord who would accept the voucher and 2) find a unit in a desirable neighborhood. Of these 10 respondents, at least 2 reported that they or someone they knew were unable to use the voucher before it expired. Five respondents gave mixed feedback, while the remaining 6 respondents found the process to be at least somewhat easy. See Appendix C for detailed feedback about vouchers. Notably, during the survey process, INRCOG staff received varying perspectives about Housing Choice Vouchers from some individuals who did not complete surveys. From the perspective of some voucher recipients and Waterloo Housing Authority staff who assist them, many units are substandard despite the use of Housing Quality Standards (HQS) inspections. From the perspective of some landlords who accept vouchers, however, the program gives them little recourse to address problems with tenants, such as property damage. When asked if they or someone they knew had experienced housing discrimination, a majority of respondents (59%) marked "No," 13% marked "Yes," and the remaining 28% were unsure. Twelve respondents who marked "Yes" or"Not Sure" provided open-ended feedback,with some describing discrimination based on race or criminal records. While federal and state fair housing laws do not include criminal history among "protected classes" (e.g. race, sex, disability), HUD released guidance in 2016 that places some limits on the use of criminal records as a screening criterion for tenants or homebuyers.Since blanket prohibitions on renting to people with criminal records have a disparate impact on the fair housing choices of some protected classes, housing providers are required to take into account the nature of the offense, how long ago it occurred, the extent to which the offender is rehabilitated, and other factors16. Since this HUD guidance is relatively recent, it is not known how strongly it is being enforced. The final portion of the survey asked respondents, "What are the best things that have happened in Waterloo in the past few years?" and "What changes would you like to see in Waterloo?" Common themes among the responses are tallied in Table 15. The most widely cited positive aspects of Waterloo include new development and businesses, cultural attractions and events, and the Mayor. Several respondents identified specific developments and cultural attractions that they value, including the SportsPlex, the splash pad, Friday 'Loo, and My Waterloo Days. Notably, several respondents reported that the best things to happen in Waterloo in recent years were personal milestones, such as marriage, children, and making new friends. Some other respondents, however, answered "Nothing." Ze https://www.hud.gov/sites/documents/HUD OGCGUIDAPPFHASTANDCR.PDF Page, l of 418 Table 15: Survey Responses from Non-ELL Respondents on Positive Developments and Changes Needed in Waterloo Best things in Waterloo: #of Changes needed in Waterloo*: #of responses responses New businesses/ 12 Crime/Safety 23 development Cultural attractions/events 11 Housing cost/supply 16 Mayor 10 Housing condition/age 11 General entertainment/ Street improvements 8 10 recreational opportunities Personal factors 7 More businesses 8 (marriage/children etc.) New schools 3 Development in East Waterloo 6 Police 2 Discrimination 5 Youth activities 5 Social services/support for low- 5 and moderate-income people Road conditions 4 Jobs 4 Community cohesion 3 General redevelopment needs 3 Black-owned businesses 2 Taxes 2 *Some comments were coded in more than one category Respondents gave much more extensive feedback about changes needed in Waterloo, and concerns about crime, safety, and housing were paramount (Table 15). Respondents expressed concern about the condition and age of Waterloo's housing stock, as well as the supply of affordable housing. Many respondents also expressed a desire for more amenities and services, including entertainment and recreation opportunities, businesses, youth activities, and social services for low- and moderate-income people. In particular, respondents identified a need for Page A22 of 418 more business, recreation, and other opportunities in Waterloo's older neighborhoods beyond the downtown area. Several respondents also expressed a desire to reduce discrimination and increase community cohesion. One striking finding from this feedback is that residents appreciate the prominent new developments in the City, including new businesses, recreational opportunities, road improvements, and new and renovated schools. City planning, investment, and decisions by elected officials have been instrumental in many of these activities, including preservation of historic buildings, the downtown riverfront redevelopment, and the Logan Avenue developments. The message from residents seems to be, "We like the new development — expand it to other parts of town." In particular, residents would like to see more investment in central, eastern, and northern neighborhoods. As Figure 23 shows, the City has initiated several redevelopment activities in Waterloo's core neighborhoods. Projects 1 (Logan Redevelopment Area) through 6 (Former Construction Machinery Site) are the most visible redevelopment activities in low-income residential neighborhoods with minority concentrations (see Figure 6). The Logan Redevelopment Area, Former Construction Machinery Site, and Highway 63 Corridor projects have already created substantial visual improvements in the area,and construction of the Teen and Educational Center began in June 2018. Notably, the Highway 63 Corridor project is coordinated with a larger redevelopment effort in the Walnut Neighborhood, including construction of a grocery store on Franklin Street, and planned construction or rehabilitation of 16 homes.The former Chamberlain site and 120 Center Street are still in the environmental cleanup and planning stages, which may have fewer visible, tangible improvements from the general public's perspective. Residents also have a strong desire to improve substandard housing in disinvested neighborhoods by rehabilitating homes when possible, and demolishing and replacing dilapidated homes when necessary. These resident perspectives further underscore the importance of City policies that balance new development with revitalization of older neighborhoods. As previous sections have shown, the scale of need for housing rehabilitation and reconstruction in Waterloo far exceeds the resources currently available. The numerous comments about crime highlight one of the biggest community development challenges in Waterloo. However, Waterloo's crime levels declined by about 30% between 2014 Page�223 of 418 and 201817,18,19 The City supports efforts to improve crime prevention, such as the development of the Community Outreach Center in East Waterloo and forums addressing criminal sentencing reform. Overall, crime prevention efforts cannot be conducted in isolation from efforts to improve the quality of life and economic opportunities for LMI residents. A related concern, encountered by INRCOG staff in conversations related to the survey effort, is that the public narrative about Waterloo is largely negative, obscuring its many positive attributes. These positive attributes are apparent in the stories of residents who have experienced major life events in Waterloo, such as marriage and the birth of grandchildren, and could potentially be the basis for a marketing campaign. To promote investment and greater cohesion among different neighborhoods in Waterloo, it may be beneficial for the City to support development efforts that showcase attractions in these neighborhoods. For example, the City recently obtained grants to preserve the history of Smokey Row, using signage and trails to guide visitors. The survey did not explicitly ask residents about jobs, and many respondents may be outside the workforce due to age or disability20(see Figure 15). However, access to jobs,and the wages those jobs offer, are just as important to housing affordability as are housing costs and quality.The City already uses some local and state incentives to support employers who offer wages above subsistence level. Additionally, the Waterloo Community School District is developing the Waterloo Career Center, which is housed in Central Middle School and will offer training for twelve career and vocational pathways in the coming years, in partnership with local employers. If these efforts are continued and expanded, they may both help employers fill workforce shortages and help low-income Waterloo residents increase their earning power and ability to obtain decent housing. These initiatives may also help to narrow employment disparities, provided that communities impacted by high unemployment rates play an integral role in designing, implementing, and monitoring these efforts. Other efforts to expand access to good 1'Reinitz,J. 2017,Jan. 10. "Crime continued decline in 2016 in Waterloo."Waterloo-Cedar Falls Courier[online article]. https://wcfcourier.com/news/local/crime-and-courts/crime-continued-decline-in-in- waterloo/article 28867758-633b-5df8-9928-2a88598f49f6.html. Retrieved 12/5/18. "Reinitz,J. 2018,Jan. 9. "Crime in Waterloo falls for 3rd straight year."Waterloo-Cedar Falls Courier[online article]. https://wcfcourier.com/news/local/crime-and-courts/crime-in-waterloo-falls-for-rd-straight- year/article ac1e10dc-d710-5692-9228-Ofb82f7f8e1f.html. Retrieved 12/5/18. 19 Reinitz,J. 2019,Jan. 11. "Crime in 2018:Waterloo police release new statistics."Waterloo-Cedar Falls Courier [online article]. https://wcfcourier.com/news/local/crime-and-courts/crime-in-2018-waterloo-police-release-new- statistics/article 58c6061d-949a-5bOc-aaea-af8b0a5d4bd5.html Retrieved 2/4/2021. 20 Sociodemographic data in Appendix D shows that most of the Senior Companions are unemployed or retired, while about equal portions of High School Completion (HSC) students are employed and unemployed. Almost by definition, HSC students are seeking to improve their earning power.The Salvation Army lunches target particularly vulnerable populations,and some non-elderly respondents may have been struggling with physical or mental illness and unable to work. Page A?4 of 418 jobs may include employee vanpools, child care assistance, and carefully considered employer policies toward criminal background checks when making conditional offers to job applicants21. u See Gubernick, L. 2017. Erasing the Mark of Cain —An Empirical Analysis of the Effect of Ban-the-Box Legislation on the Employment Outcomes of People of Color with Criminal Records. Fordham Urban Law Journal 44(4): 1153- 1215. https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/&httpsredir=l&article=27 09&context=uli. (Retrieved 3/17/18). Note that criminal background checks have some advantages if they dispel employer stereotypes about minority candidates by revealing them not to have criminal or felony backgrounds. However,disparate arrests and convictions of minorities are a substantial barrier to employment. Page gP5 of 418 E.amald St E Donald St E Donald Sc ea -.7, Q Gates Park Golf Course S� B da o-d ysr Cedar Red Carpet Golf Course Bend Park AWL Fairview Cemetery p Association C2tl9r Rr � LFr � River kq tAa�n'00 K1n9 Dr y 4 7 t B�raR P a Mann John 1)"re Tractor - &Engine Museum �. Sf lndependeace Ave lndependen[e Ave independence Av 278 od ❑0 Irl ark h y y� 218 w td 5 Map data X2012 woule 500 m L Terms of Use R # Project Status Since 2005, a Hy-Vee,several medical facilities, and George Washington Carver 1 Logan Redevelopment Academy have been constructed.The deteriorated Logan Plaza strip mall was Area demolished in 2016, and redevelopment of the site is underway.The new Logan Plaza will include dining, retail, and medical uses. 2 Former Chamberlain Site Environmental cleanup is underway. City awarded a redevelopment planning contract in 2017. 3 120 Center Street Environmental cleanup is underway. Several neighborhood streetscape improvements completed, road improvements 4 Highway 63 Corridor ongoing. Construction of a grocery store on Franklin Street(in Walnut neighborhood) began in Spring 2018. 5 Teen and Educational Former low-rise commercial buildings demolished. Boys and Girls Club of the Cedar Center Valley broke ground for new Teen and Educational Center in June 2018. 6 Former Construction Environmental cleanup completed.A new Public Works Facility opened in 2014. Machinery Site 7 Black's Building Underwent renovations in previous decade. Currently at 75%occupancy or higher. 8 Downtown Redevelopment Ongoing 9 River Trail Development Construction of 72 rental units in six 12-plexes is complete. 10 8th Street Infill Housing Seven owner-occupied homes have been constructed since 2004. 11 Riverwalk Trail System Trail extends from Mullan Avenue to 18th Street on both sides of the river, and connects to Black Hawk County's trail network. A"Human Services Campus" has been developed, now housing locations for 12 Rath Redevelopment Area Operation Threshold, Cedar Valley Food Bank, and Waterloo Women's Center for Change.A new warehouse opened in 2013, and the former Rath Administration Building is currently being redeveloped as a high-technology office center. 13 18th Street Bridge Reconstructed bridge opened in 2005. Completed or underway developments include Tech Works Campus, new Hawkeye Community College Adult Learning Center,Grand Crossing apartments, Iowa 14 Various Veterans' Museum, RiverLoop, Dan Gable Museum, Cedar Valley SportsPlex, Phelps Youth Pavilion, SingleSpeed Brewing Company, and Cedar River Dam. Figure 23: Major Redevelopment Activities in Waterloo's Core Neighborhoods Source:The New Waterloo website Page 226 of-A18 Housing Needs of Special Populations People Experiencing Homelessness In Iowa and across the nation, planning for homeless services is generally done by geographically defined Continuums of Care (CoCs), or networks of local governments, health and social service providers, and other entities that work with homeless populations. The State of Iowa is covered by four CoCs, with Woodbury, Pottawattamie, and Polk Counties each in a separate COC22. The rest of Iowa's land area is in a "Balance of State" CoC. Since Waterloo and Black Hawk County are part of the Balance of State CoC, detailed data on homelessness for the City or County alone is not readily available. To give a sense of scale of homelessness in the Balance of State CoC and the Waterloo area, Table 16 compiles summary data. One data source is the Point-in-Time (PIT) Count of homeless individuals, which is conducted in late January in most CoCs across the state and the nation. In the Iowa Balance of State CoC, 1,792 people in 1,038 households were "literally homeless," meaning that they were staying in shelter or in a place not meant for human habitation. Close to 30% of households identified were families with children. In Black Hawk County, 101 people were identified as homeless in the 2013 Point-in-Time Count. While PIT Counts provide a snapshot, a community's homeless population is not static — many people enter and exit homelessness over the course of a year. Table 16 estimates the number of people who entered the homeless service system in a year in the Balance of State CoC and Black Hawk County. In the Balance of State CoC, 5,485 people entered and 5,994 people exited the homeless system at some point in fiscal year 2016, spending a median of 43 days homeless. Over the course of 2016,952 people who became homeless in Iowa listed their last permanent address in Black Hawk County, suggesting that about 1 in 6 people who become homeless in Iowa are from Black Hawk County. 22 Of the two respective CoCs that encompass Woodbury and Pottawattamie Counties, each CoC includes a neighboring Nebraska county. Page V7 of 418 Table 16: Homelessness Data for the Iowa Balance-of-State Continuum of Care and Black Hawk County IOWA BALANCE OF STATE CONTINUUM OF CARE POINT-IN-TIME COUNTY—JANUARY 2017 Sheltered Household/Population Type Emergency Transitional Unsheltered Total Shelter Housing Homeless Households Households without children 478 213 45 736 Households with at least one adult and one child 84 210 0 294 Households with only children 5 3 0 8 Total Homeless Households 567 426 45 1,038 Homeless Persons—Age Group Children 184 466 0 650 Young Adults (18-24) 91 87 3 181 Adults>24 years 491 423 47 961 Total Homeless Persons 766 976 50 1,792 Homeless Persons—Gender Female 296 542 7 845 Male 468 432 43 943 Transgender 1 2 0 3 Do not identify as Female, Male, or Transgender 1 0 0 1 Total Homeless Persons 766 976 50 1,792 INDIVIDUALS PASSING THROUGH THE HOMELESS SYSTEM Persons Entering Persons Exiting Mean/Median Geographic Area/Facility Time Period Homelessness* Homelessness** Days Homeless*** Iowa Balance of State Federal FY Continuum of Care 5,485 5,994 133/43 2016 Last Permanent Address 952 No Data No Data 2016 was in Black Hawk County *Entries into Emergency Shelter, Safe Havens, or Transitional Housing **Exits from Emergency Shelter, Safe Havens,Transitional Housing, or Rapid Re-Housing ***Length of Time in Emergency Shelter, Safe Haven, or Transitional Housing WATERLOO/CEDAR FALLS POINT-IN-TIME COUNT—JANUARY 2013 Population Sheltered Unsheltered Persons in Households with Adult(s) and Child(ren) 64 0 Persons in Households with Only Children 0 0 Persons in Households with Only Adults 37 0 Total 101 0 Source: HUD 2017 Homeless Populations and Subpopulations Report, Iowa Balance of State CoC FY2017 CoC Consolidated Application to HUD, Institute for Community Alliances 2017 Analysis of Housing in Iowa, Waterloo/Cedar Falls Consortium 2015-2019 Five-Year Consolidated Plan Page 228 of-A18 Table 17:Shelter and Housing Programs for People Experiencing Homelessness in Black Hawk County Organization Facility/Program Type* Number of Beds/Units Notes Salvation Army Emergency Shelter [men] ES 18 beds Salvation Army Emergency Shelter [women & ES 8 units w/32 beds total 30 women on waitlist as of Jul/Aug 2017 children] Catholic Worker Emergency Shelter [men &women] ES 22 beds (15 men, 7 women) House Christian Community House of Hope [mothers& TH 10 units w/24 beds total 40 women on waitlist as of Jul/Aug 2017 Development children] Pathways Behavioral Junkman/Knoebel Center [men TH 25 beds Services recovering from addiction] Cedar Valley Friends Northeast Iowa Permanent Housing 27 beds (16 family units w/17 Mix of families vs. individuals depends on who of the Family [domestic violence survivors] PSH beds total, 10 adult-only beds) is participating in the program at any given time 12 units w/13 beds (1 family Community Housing Mix of families vs. individuals depends on who CHI - Permanent Housing PSH unit w/2 beds, 11 adult-only Initiatives is participating in the program at any given time beds) Cedar Valley Friends CVFF-CVAD Rapid Rehousing 36 beds (9 family units w/29 Mix of families vs. individuals depends on who of the Family [domestic violence survivors] RRH beds, 7 adult-only beds) is participating in the program at any given time Hawkeye Area Supportive Services for Veteran Varies- program is available in several Eastern Community Action RRH No data Program Families (SSVF) Iowa counties Not listed on the 2017 Housing Inventory County Operation Threshold Tenant-Based Rental Assistance RRH 30 units (approximate) for the Iowa Balance of State Continuum of Care. Funded by City of Waterloo, Waterloo Housing Trust Fund, and United Way. Tenant-Based Rental Assistance Not listed on the 2017 Housing Inventory County Exceptional Persons, Inc. (people with disabilities) RRH 7 units (approximate) for the Iowa Balance of State Continuum of Care. Funded by Waterloo Housing Trust Fund. Total ES and TH Beds 127 Total PSH and RRH Units 91 *ES= Emergency Shelter TH =Transitional Housing PSH = Permanent Supportive Housing RRH = Rapid Re-Housing Source: HUD 2017 Housing Inventory Count Report, Community Housing Initiatives New Project Application (HOPES)for 2017 Iowa Balance of State CoC Competition, Waterloo Housing Trust Fund Page 229 of 418 78 Table 17 shows the supply of shelter and housing beds for people experiencing homelessness in Black Hawk County. Although the total number of Emergency Shelter and Transitional Housing beds (127) is somewhat higher than the total number of homeless individuals in Black Hawk County in the 2017 PIT Count, the waitlists for certain programs suggest that there is more housing instability and pent-up need for shelter than these facilities can address. Moreover, shelters alone are unable to meet the needs of many people who use them. For example, between July 1, 2016 and June 30, 2017, the Salvation Army shelters in Waterloo served 213 individuals, of whom 129 had no income at entry and 81 had a disabling condition. Of the 180 individuals who left the Salvation Army shelters during this same time period, only 79 (44%) exited to a permanent housing destination. The supply of permanent housing opportunities for people experiencing homelessness is limited in Black Hawk County. As shown in Table 17, Permanent Supportive Housing (PSH) and Rapid Re- Housing(RRH) programs (discussed further below) assist only about 91 households in Black Hawk County. Even if we conservatively assume that each of these households has 3 members, PSH and RRH assistance is available for fewer than one-third of the estimated 952 households that become homeless each year (Table 16). Moreover, much of this assistance is targeted to domestic violence survivors or veterans, not the general homeless population. Black Hawk County's Local Homeless Coordinating Board (LHCB) acts as an informal Continuum of Care, coordinating efforts among service providers and local government agencies, and promoting the expansion of permanent housing for people experiencing homelessness. Several recent efforts have been supported by LHCB and its members: • The LHCB and other homeless service networks in Iowa's Balance of State CoC are implementing a new Coordinated Entry system, as mandated by HUD, to streamline the process for people experiencing or at risk of homelessness to receive assistance. Traditionally, people in need of homeless services have received them on a first-come, first-served basis, and the services are not always well tailored to their needs. Black Hawk County's Coordinated Entry system, launched in early 2019, standardizes the intake processes by homeless service providers so that people in need are referred to the most appropriate program23. 13 Some critics charge that Coordinated Entry(CE) is merely a means to screen people out of the homeless system. (See Bassuk et al. 2015.Services Matter:How Housing&Services Can End Family Homelessness. Needham, MA:The Bassuk Center on Homeless and Vulnerable Children & Youth. http://www.bassukcenter.org/services-matter/. Retrieved 3/14/18). However, homeless service programs — including emergency shelters, transitional housing, supportive service programs, and permanent housing programs that are not based on a Housing First model —have always screened people out. Traditionally, homeless households have been screened out of programs based on factors such as family composition or ability to follow program rules that might be overly restrictive —reasons that are less fair or transparent than those used by Coordinated Entry programs. A well-designed CE program refers Page-A30 of 418 • The developers of Unity Square Townhomes set aside 8 apartments for people exiting homelessness. • Community Housing Initiatives,an Iowa-based nonprofit affordable housing provider with an office in Waterloo, started a SOAR program in May 2017. SOAR, funded by the federal Substance Abuse and Mental Health Services Administration (SAMHSA), assists people with disabilities who are experiencing or at risk of homelessness with applications for Supplemental Security Income (SSI) and Social Security Disability Insurance. By helping homeless and at-risk people with disabilities navigate the complex application process for these programs, SOAR helps applicants receive a decision from the Social Security Administration much more quickly. CHI's SOAR program is open to all homeless and at- risk people with disabilities in the Waterloo area, not just to those involved in CHI's other programs. • Black Hawk County joined the White House Data Driven Justice Initiative (DDJ) in 2016. DDJ facilitates data sharing between law enforcement and health care systems to identify low-level offenders with mental illness who frequently interact with the criminal justice system, and divert them to programs that provide housing and treatment. An additional development relevant to homeless services is Black Hawk County's participation in the Stepping Up initiative, a national effort to divert people with mental illness from the criminal justice system and connect them to treatment and housing. The County joined the Stepping Up initiative in 2015, and the local Stepping Up committee is working with law enforcement, healthcare providers, mental health professionals, and other agencies to build the relationships needed to effectively identify and serve people with mental illness who have frequent contact with law enforcement. The local Stepping Up initiative is in the process of coordinating with the Waterloo area's homeless service system. Specifically, the Stepping Up initiative is attempting to identify pathways for people with mental illness to find housing once they have been diverted from the criminal justice system. The efforts listed above are part of a broad nationwide shift from a "treatment first" model of addressing homelessness to a "Housing First" model. According to the Housing First model, housing is a fundamental right, and the root cause of homelessness is the severe shortage of affordable housing in communities across the nation, not the behavioral issues of homeless homeless households to programs that match their need based on their level of vulnerability,and prevents agencies from cherry-picking or "creaming" preferred clients. However, when funding for homeless services is limited, CE programs cannot ensure that everyone who needs assistance will receive it. Another emerging concern is whether CE exacerbates racial disparities, and the designers of the Vulnerability Index- Service Prioritization Decision Assistance Tool (VI-SPDAT) started phasing out this assessment tool in 2021 (see OrgCode 2021: https://www.orgcode.co m/bl og/a-m essage-from-orgcod e-on-the-vi-spdat-moving-forward). PageE31 of 418 people themselves. Housing is seen as a platform of stability on which other interventions, such as job skills training and mental health or substance abuse counseling, are more likely to succeed. However, Transitional Housing programs still provide an important option for certain homeless households with complex needs, such as domestic violence survivors, parenting teens, and recovering addicts. A key element of the Housing First model is that voluntary supportive services are made available to homeless participants—the participants are not required to participate in services as a condition of receiving housing assistance. To some extent, Transitional Housing Programs can also apply this concept by limiting requirements and barriers to entry. The national shift toward Housing First, and best practices for preserving Transitional Housing options, are discussed in more detail in Appendix D. One possible approach in Waterloo, as in most communities across the nation, may be to expand assistance options for homeless individuals and families whenever possible, and direct households to the options that best meet their needs. With recent local efforts to expand Housing First programs and implement a Coordinated Entry system for homeless services, this process is already underway by the LCHB and its affiliated members.The process needs sustained political and financial support from local governments, philanthropic organizations, and other agencies. Seniors and People with Disabilities As the Demographic Analysis section showed, 15% of Waterloo's population was 65 years or older in the 2015 1-year ACS estimates, while 10.6%of the population had at least one disability. There is substantial overlap between these two populations–according to the 2015 1-year ACS, 37%of people with disabilities are 65 or older. Many seniors and people with disabilities struggle to find adequate housing, since they are often on fixed incomes and need homes that have accessibility features such as grab bars in bathrooms, wheelchair ramps, and wide doorways to accommodate wheelchairs. According to HUD CHAS data, senior-headed households(with a household head age 62 or older) are generally less likely to have housing problems (Table 18). Among low- and moderate-income homeowners, senior-headed households are at least 20 percentage points less likely to have housing problems than non-senior-headed households in the same income bracket. This is not surprising, since many senior homeowners have paid off their mortgages. Among low-income renters,senior-headed households are nearly 20 percentage points less likely to have housing problems than non-senior-headed households, which may reflect the impact of Waterloo's subsidized rental stock for low-income seniors. Only in the moderate-income renter category are senior-headed households more likely than non-senior-headed households to have PageA32 of 418 housing problems (38% compared to 29%, respectively). However, among LMI senior-headed households, renters are more likely than owners to have housing problems, suggesting that Waterloo's affordable senior housing stock does not fully meet the needs of senior renters. Table 18: Housing Problems among Senior-Headed Households Percent of Households with One or More Housing Problems Owner Household Type Extremely Low- Low-Income Moderate-Income Income(0-30%AMI) (31-50%AMI) (51-80%AMI) Not Senior-Headed 89% 55% 36% Senior-Headed 64% 30% 16% Percent of Households with One or More Housing Problems Renter Household Type Extremely Low- Low-Income Moderate-Income Income(0-30%AMI) (31-50%AMI) (51-80%AMI) Not Senior-Headed 88% 79% 29% Senior-Headed 69% 61% 38% Source: HUD CHAS 2010-2014 1,000 ■ Moderate-Income 800290 (51-80%AMI) -0a 120 0 s 600 c ■ Low-Income (31- 50%AMI) 0 a� 400 E Z 200 ■Extremely Low- Income (0-30% AMI) Owner Households Renter Households Figure 24: Counts of Senior-Headed Households with Housing Problems in Waterloo Source: HUD CHAS 2010-2014 Pageg233 of 418 Although LMI senior-headed households are generally less likely to have housing problems than LMI households overall,the number of such households with housing problems is still substantial (Figure 24). Housing problems are found among an estimated 1,735 LMI senior-headed households, slightly over half of which are owner households. However, these numbers may underestimate the housing needs of low-income seniors, since CHAS data does not take home accessibility into account. For seniors with disabilities, home accessibility improvements or availability of affordable, accessible rentals often make the difference between staying in their homes or moving into institutional settings. Like senior-headed households, households with a disabled member tend to be underrepresented among LMI households with housing problems, though not to the same degree as senior-headed households. For example, among renter households between 31% and 50%AMI, 69% of households with disabled members have housing problems, compared to 76% of households without disabled members (Table 19). LMI owner households with disabled members may disproportionately include seniors who have paid off their mortgages, while LMI renters with disabled household members may have more access to subsidized units than those without disabled members. Table 19: Housing Problems among Households that have Members with Disabilities Percent of Households with One or More Housing Problems Owner Household Type Extremely Low-Income Low-Income (31-50% Moderate-Income (0-30%AMI) AMI) (51-80%AMI) No household members 89% 49% 30% with disability Household member has 81% 32% 18% a disability Percent of Households with One or More Housing Problems Renter Household Type Extremely Low-Income Low-Income(31-50% Moderate-Income (0-30%AMI) AMI) (51-80%AMI) No household members 91% 76% 29% with disability Household member has 88% ° 69/0 35/ a disability Source: HUD CHAS 2010-2014 Approximately 2,750 LMI households with disabled members have housing problems (Figure 25). In contrast to senior-headed households, housing problems occur among a higher number of renter households with disabled members than among owner households, and ELI households Pageg34 of 418 account for a majority of LMI households with disabled members and housing problems. Among these 2,750 households, ambulatory limitations are the most common disability type, highlighting the importance of developing and retrofitting affordable units with accessibility features. 2,000 185 ■ Moderate-Income 1,600 (51-80%AMI) 0 s a� 1,200 0 _ ■ Low-Income (31- 0 800 50%AMI) a� E 1 0400 Z ■ Extremely Low- Income(0-30% - AMI) Owner Households Renter Households a. Housing Problems by Tenure 2,000 ■Moderate- 245 Income (51-80% 1,600 AMI) 0 N 1,200 3 = 800 75 ■Low-Income (31- 0 �� 50%AMI) L_ 1 M 400 3 •1 Z 0 J�y� ■Extremely Low- (P ae�` Income (0-30% lea P deo AMI) ae to C:p Disability Type(note that one person may have more than one type of disability) b. Housing Problems by Disability Type Figure 25: Households with a Disabled Member and One or More Housing Problems Source: HUD CHAS 2010-2014 PageA35 of 418 The data on housing problems among LMI households with disabled members reinforces anecdotal evidence from local disability service providers, who attest that affordable rental housing for people with disabilities is in short supply. Many of Waterloo's subsidized rental housing developments are restricted to both seniors and non-elderly people with disabilities, and the availability of these dedicated units may partly explain why rates of housing problems are lower among LMI renter households with disabled members than among those without. However, as a group, low-income (up to 50%AMI) renter households with disabled members are more likely to have housing problems than low-income senior-headed renter households. Moreover, the greater concentration of housing problems among renter households with disabled members in the ELI income bracket, as compared to ELI senior renters, suggests that Waterloo's subsidized special needs housing has made less headway among people with disabilities than among the low-income senior population. Immigrant Populations Reliable data on the housing needs of immigrant populations is not available, so a paper survey on housing and quality of life in Waterloo was administered to English Language Learner (ELL) classes by Hawkeye Community College Metro Center instructors. As discussed in the Resident Surveys section above, the ELL surveys were part of a larger effort to obtain resident input on housing and community development needs in Waterloo (Table 14). Translations of the survey were not available, so instructors assisted ELL students with understanding and completing the surveys (See Appendix C for the survey instrument). A total of 153 completed surveys were collected from ELL students. The sociodemographic data in Appendix E indicates that the most common languages spoken by ELL students at the HCC Metro Center are French, Spanish, and Burmese. Figure 26 shows the ELL group's responses to multiple choice questions,while responses to open- ended questions are included in Appendix E. A majority of respondents (61%) are renters and about one-quarter are owners — a higher ratio of renters to owners than among non-ELL respondents. Similar to non-ELL respondents, 13% of ELL respondents live with family and friends, although some respondents who own or lease their own homes may have misunderstood this question. Also similar to the non-ELL groups, the percentage of ELL respondents who report housing problems (29%) is about double the percentage who report that their housing is unaffordable (15%). In open-ended feedback, respondents reported a wide range of housing problems, from leaky faucets to mold, vermin, and cracks in walls and ceilings. However, ELL and non-ELL respondents diverge sharply on the ease of finding decent, affordable housing. In the ELL group, the most common response to this question was "Somewhat Easy' (34%), and "Very Easy' and "Somewhat Easy' responses combined (65%) outweigh "Very Hard" PageA36 of 418 and "Somewhat Hard" responses (33%). Language barriers may have prompted some respondents to interpret the question as simply "How easy is it to find housing?". Comments from the minority of respondents who marked "Somewhat Hard" or "Very Hard" suggest that some immigrants face housing barriers similar to those of low- and moderate-income Americans—including the low quality of inexpensive housing and concerns about safety—as well as language barriers. When asked if they or anyone they know had experienced housing discrimination, the vast majority of ELL respondents (83%) marked "No" – far higher than the percentage of non-ELL respondents who answered "No." Six percent and 11% of ELL respondents marked "Yes" and "Not Sure," respectively, and some of these respondents provided open-ended feedback that they experienced discrimination based on their accent, limited English proficiency, or race. It is possible that discrimination rates among ELL students may be higher, since they may be less familiar with the concept of housing discrimination, and less likely to recognize it when it occurs. Table 20 identifies the most common categories of feedback from ELL respondents regarding recent positive developments and changes needed in Waterloo. Because the ELL instructors who administered the surveys often discussed questions with their classes as a group, many respondents gave similar answers, and the responses may be influenced by suggestions from some instructors (see Appendix Q. The positive developments identified by ELL respondents are largely different in type and emphasis than those identified by non-ELL respondents. Schools, ELL education, and jobs are paramount, and multiple respondents also cited cleanliness, affordable rents, and good hospitals and emergency services. ELL respondents, like non-ELL respondents, value Waterloo's cultural attractions and events,with several citing specific examples such as the SportsPlex and Juneteenth.The "good people"theme may be similar to the personal factors cited by several non-ELL respondents. PageA37 of 418 What is your housing situation? Is your current housing Does your home have situation affordable? problems that you can't afford to fix or the landlord won't fix? 1% 11 ■ Family/friends ■ Homeless ■ Other ■ Own ■ Rent ■ No ■ Yes ■ Yes ■ No How easy is it to find Have you or anyone you Have you or someone you an affordable, safe, know ever received a know ever experienced comfortable place Housing Choice Voucher? housing discrimination? to live in Waterloo? ■ Very easy ■ Somewhat easy ■ Somewhat easy/somewhat hard ■ Somewhat hard liver ■ Very hard 2% ■ No ■ Yes ■ No ■ Not Sure ■ Yes Figure 26:Waterloo English Language Learner Responses to Multiple-Choice Survey Questions Page 238 of 418 87 Table 20: Survey Feedback from English Language Learners on Positive Developments and Changes Needed in Waterloo Good things in Waterloo: #of Changes needed in Waterloo: #of responses responses Schools 25 Crime/Safety 20 ELL education/teachers 22 Road maintenance/repair needed 13 Jobs 22 Hospital/heath costs 13 Cleanliness of city 9 Better jobs 13 Cultural attractions/events 8 Housing condition/age 10 Affordable rents 8 More public transportation 6 Good people 7 Housing cost/supply 6 Emergency services 7 Cleanliness/garbage 5 Hospital 6 More businesses 4 Streets/street improvements 2 Accommodation for immigrants/ 3 English Language Learners Recreational opportunities 2 Taxes 2 Less road construction 2 Discrimination 2 Other transportation issues 2 Safer school bus stops 2 Similar to non-ELL groups, ELL respondents provided more feedback about changes needed in Waterloo than about positive developments, and identified crime as a major concern. Other major concerns among ELL respondents, including road maintenance needs, healthcare costs, and jobs, were less prevalent or did not arise among non-ELL respondents. On the surface, some of the concerns cited by ELL respondents — such as healthcare costs and garbage — seem to contradict the positive attributes identified.This may reflect conflicted feelings among individual PageA39 of 418 respondents, as well as variations among neighborhoods in Waterloo. Concerns about housing condition and costs were widespread, but received less emphasis than among non-ELL respondents. By contrast, several ELL respondents expressed a desire for more public transportation options, while only one non-ELL respondent mentioned public transit. Similar to non-ELL groups, though, several ELL respondents expressed a desire for more businesses and cultural opportunities. Overall, the feedback from ELL respondents highlights challenges that immigrants face finding housing and living in Waterloo. While most ELL respondents are satisfied with their housing— more so than non-ELL respondents—a substantial minority of ELL respondents have concerns about the quality of their housing. Several respondents expressed a desire for better jobs, suggesting that many English Language Learners hold jobs with low wages, difficult working conditions, or both. Some respondents may have faced unlawful housing discrimination on the basis of national origin, race, or color. ELL respondents may also be more reliant on public transit than Americans of similar incomes, as evidenced by the comments that more bus service is needed. Despite these challenges,some English Language Learners may also have certain advantages over LMI Americans. As shown in the sociodemographic data in Appendix C, about one-quarter of ELL students have education and training beyond high school, including over 18% with a Bachelor's degree or higher. This is not surprising, since citizens of many countries are more likely to obtain U.S. visas if they come from middle-class and professional backgrounds. Moreover, many immigrants come to the U.S. without the substantial debt burdens, past evictions, and bankruptcies that can result from a lifetime of low-wage work or unemployment in the U.S. It is important to understand these advantages possessed by some immigrant groups, since their upward mobility is sometimes used by policy makers and private citizens to make generalizations about LMI and minority Americans who have not achieved the same success. It would be beneficial for employers, housing providers, elected officials, educators, and others to support both groups in addressing the unique challenges they face. Housing Supply and Demand Analysis This section combines data on population and household size trends, home construction, demolitions, available residential lots, and other factors to estimate supply and demand for new housing in Waterloo between 2021 and 2040.According to City data on residential permits issued from October 2014 to October 2017, an average of 142 units were permitted annually, serving as a baseline for the housing supply and demand projections in this section (Error! Reference source not found.). These permitted units include a combined total for single-family homes, townhomes, and condominiums of 50 units annually on average, as well as an average of 92 multifamily units. The annual volume of building permits issued is only 0.46% of the City's total PageA4O of 418 housing stock,which is relatively low compared to the optimal value of 1%for a "normal" housing market. At Waterloo's baseline rate of residential permitting, 2,840 new units will be added between 2021 and 2040. The City conducts an average of 26 demolitions per year. Additionally, communities experience housing stock"attrition" as some units are withdrawn from the housing market each year due to deterioration, abandonment by owners, or other factors. The Iowa Housing Needs Assessment, published by Iowa State University in 2009, determined an attrition rate of 0.67% for existing single-family, owner-occupied housing in metropolitan counties. By taking into account both Waterloo's demolition rate and the 0.67% attrition factor, we estimate that 1,384 units will be lost from Waterloo's housing stock between 2021 and 2040, resulting in a net addition of 1,456 units (see Appendix E for additional calculations). For the housing demand projections discussed below, the net unit production rate is assumed to be 728 per decade or 73 annually. Table 21: Future Housing Supply Projections for Waterloo Supply Variable Value Source New homes/year 142 City of Waterloo building permit data 2014-2016* Demolitions/year 26 City of Waterloo demolition data 2014- 2016 Estimated attrition (conservative) 0.67% Source: Iowa Housing Needs Assessment 2009 Gross new units added 2021 - 2,840 142 units/year x 20 years 2040 Units demolished 2021-2040 520 26 demolitions/year x 20 years Total units lost from housing Calculated using demolition rate and assumed stock 2021 -2040 1,384 attrition rate -see Appendix E for methodology Net new units added 2021- 1,456 Units added minus Units lost(728/decade or 2040 73/year) Available lots (as of 2017) 2,456 City of Waterloo data on available lots (2,280 non- City-owned, 176 City-owned)* Estimated new lots needed to Average of 384(Gross new units added minus accommodate projected new 124 Available lots) and -136 (Gross new units added units by 2030 minus Available lots minus Demolitions) *Black Hawk County Assessor data and City of Waterloo Community Planning& Development Department data on City-owned residential lots(176 lots); Black Hawk County Assessor data on privately owned residential lots with assessed value>_$600(2,280 lots). See Appendix E for additional calculations. As of 2017, Waterloo had 2,456 vacant residential lots that could potentially be developed, including 176 City-owned lots and 2,280 lots owned by other parties. Over time, new residential development will be able to absorb buildable lots. An estimated 520 residential units will be demolished between 2021 and 2040, possibly contributing new buildable lots. Depending on how PageAl1 of 418 many new lots are added from demolitions, Waterloo may have a surplus up to 136 lots or a deficit of 384 lots. The average estimate is a shortfall of 124 lots by 2040. To calculate future housing demand in Waterloo, we modeled two scenarios (Table 22): • Scenario 1: Waterloo's population remains unchanged at 67,314 from 2020 to 2040; linear projection of average household size decline from 2000 to 2010 (-0.04 per decade). • Scenario 2: Waterloo's population grows at a moderate rate from 2020 to 2040 (see Appendix E for methodology). Average household size remains unchanged from 2010 (2.35). Table 22: Future Housing Demand Projections for Waterloo New HHs Net units Additional units Permits/yr to Demand Scenario Projected added New added/ needed 2021- meet need Pop. 2030 2021-2030 HHs/yr yr 2030** 2021-2030 #1 (assuming no pop. change, HH size declines*) 67,314 692 69 73 -36 138 #2 (assuming moderate pop. 69,980 817 82 73 89 151 growth, HH size unchanged) New HHs Net units Additional units Permits/yr to Demand Scenario Projected added New added/ needed 2031- meet need Pop. 2040 2031-2040 HHs/yr yr 2040** 2031-2040 #1 (assuming no pop. 67 314 532 53 73 -196 122 change, HH size declines*) ' #2 (assuming moderate pop. 71,022 443 44 73 -285 114 growth, HH size unchanged) Projected New HHs New Net units Additional units Demand Scenario added added/ needed 2021- Pop. 2040 2021-2040 HHs/yr yr 2040** #1 (assuming no pop. 67,314 1,224 61 73 -232 change, HH size declines*) ' #2 (assuming moderate pop. 71,022 1,260 63 73 -196 growth, HH size unchanged) *Average household size decreased from 2.39 in 2000 to 2.35 in 2010, a decline of 0.04/decade. Future households are projected from 28,962 occupied housing units in the 2020 decennial Census,assuming an average household size decline of 0.04/decade. **New households added minus 728 net units added per decade.See Appendix E for population projection methodology. Page4�42 of 418 Scenario 1 is similar to Waterloo's actual demographic trends between 2000 and 2010 — the population remained essentially unchanged while average household size decreased. In Scenario 1, Waterloo's population remains at 67,314, but the decrease in household size results in an additional 1,224 households by 2040. Since 1,456 net new housing units will be available by 2040 if residential permitting continues at its baseline rate, a surplus of 232 units would be available. The City can meet new housing demand under Scenario 1 by permitting 138 housing units per year between 2021 and 2030—slightly less than the baseline rate of 142 per year—and reducing the annual permitting rate to 122 units per year from 2031 to 2040. In Scenario 2, the population increases to 69,980 by 2030 (a 3.96% increase from 2020) and to 71,022 by 2040 (a 1.5% increase from 2030). In this scenario, the City adds 817 households between 2021 and 2030, or 82 households annually. This household growth rate outpaces the estimated net housing addition rate of 73 units annually. As a result, this scenario would require 89 additional housing units beyond the 728 units projected to be added each decade. To meet this demand,the annual rate of housing permits would need to increase from its baseline of 142 to 151 units per year. Between 2031 and 2040, projected population growth in Scenario 2 is slower than in the previous decade. As a result, this scenario projects that the City will add fewer households (44) than housing units (73) on an annual basis. The baseline permitting rate of 142 units per year would result in a surplus of 285 units by the end of the decade. A permitting rate of 114 units per year would be sufficient to meet new housing demand between 2031 and 2040. Summary of Housing Needs Waterloo's housing market is relatively soft, with generally lower housing costs and higher vacancy rates than Iowa as a whole. However, incomes in Waterloo are low as well, compared to county and statewide levels, so residents are at least as susceptible to housing cost burden as households statewide. Extremely low-income (ELI) households and renter households are especially likely to pay more than they can afford for monthly housing costs. As Waterloo's substantial cost burden rates suggest, its rental and ownership housing inventories are less affordable and accessible than they appear at first glance. According to Multiple Listing Service (MLS) data, homes for sale in Waterloo spend little more than a month on the market on average, and sale volume as a share of all owner housing is relatively low, indicating some market tightness. Median home prices may be out of reach for some low- and moderate-wage workers who provide vital services in the community, while the inventory of low-cost homes is limited and, in some cases, substandard. Page�?243 of 418 For renters, units available in newer and professionally managed complexes tend to be more expensive. Extensive survey feedback from low- and moderate-income residents confirms that "affordable" rental units tend to be low-quality and located in distressed neighborhoods. Subsidized rental developments provide a vital but limited resource for LMI renters, with generally low vacancy rates and long waitlists, particularly for units with deep subsidies. Demand is especially high for subsidized rentals accessible to seniors and people with disabilities. Although subsidized rental housing for these populations noticeably reduces their susceptibility to housing cost burden, Waterloo still has hundreds of LMI seniors and people with disabilities who face cost burdens or other housing problems. Naturally, people experiencing homelessness in Waterloo face the most acute housing problems. While data on homelessness in Waterloo is limited, close to 1,000 people in Black Hawk County may become homeless at some point each year. The supply of shelter and transitional housing beds, Permanent Supportive Housing (PSH) rental units, and Rapid Re-Housing (RRH) funds is insufficient to assist all those experiencing homelessness in the County. As in other communities across the nation, homeless service providers and their partners in Black Hawk County are striving to improve coordination and shift toward a "Housing First" model, while preserving transitional housing for certain homeless populations with complex needs. Waterloo offers several different housing programs with a range of overlapping goals. The City of Waterloo operates owner-occupied rehabilitation and repair programs for LMI homeowners, and provides financial support for new home construction for LMI homebuyers, as well as home accessibility modifications for people with disabilities. To promote investment in core neighborhoods,the City offers tax abatements in a designated Consolidated Urban Revitalization Area (CURA), and has acquired dozens of abandoned residential properties through the 6S7A process for private developers to purchase and redevelop. To increase Waterloo's tax base and keep its housing market competitive, the City promotes new home construction in neighborhoods outside the core with the successful City Limits Urban Revitalization Area (CLURA) tax abatement program. Additional programs, including a $5,000 incentive for rehabilitation or new construction of housing on infill lots and a $1,000 match for certain projects receiving state Workforce Housing Tax Credits, complement the CURA and CLURA tax abatement programs. In total, however, Waterloo's housing needs exceed available resources. This document provides first-hand perspectives of housing and neighborhood quality in Waterloo, both from windshield surveys in representative Census tracts, and surveys of LMI residents and members of the City's growing immigrant population. Additionally, GROW Committee members provided valuable guidance on the challenges and opportunities for expanding housing development and homeownership in Waterloo. The windshield surveys indicated that most of Waterloo's housing stock is in good condition, but over 4,000 units PageA44 of 418 citywide are estimated to be in fair condition, while hundreds more are in poor or dilapidated condition. Many Waterloo residents reported that they or people they know live in substandard housing in distressed neighborhoods, since they cannot afford or qualify for better housing. In addition to cost, many residents have difficulty finding housing due to credit problems, criminal or eviction histories, or language barriers, and may be vulnerable to exploitation by the landlords willing to rent to them. Housing Choice Voucher ("Section 8") recipients face the additional challenge of finding a landlord willing to accept Section 8 before their voucher expires. Moreover, a substantial minority of respondents reported that they or someone they know may have experienced discrimination based on race, national origin, or other "protected classes." Survey respondents expressed great appreciation for the City's revitalization efforts over the past two decades, including downtown and riverfront redevelopment.At the same time, respondents are concerned by the prevalence of substandard housing, crime, and a shortage of private investment in some areas. Many respondents expressed a desire to demolish and rehabilitate deteriorated housing and bring more businesses and youth activities to underserved areas. Many such efforts are already underway, including redevelopment of the Highway 63 Corridor, Logan Area, Walnut Neighborhood, and former industrial sites. However, these projects can take several years. Progress is being made on environmental cleanup and planning, but it may not be immediately visible or tangible to residents. Waterloo's future housing needs are a moving target, since trends in population, household size, and infill housing development are difficult to predict. This document projects future housing supply and demand through 2040 based on two scenarios: constant population with declining average household size, and moderate population growth with average household size unchanged. Under the first scenario, the baseline rate of housing production in Waterloo will provide adequate housing to serve new households and replace units lost through demolition or attrition. Under the second scenario, the City's housing permitting rate would have to increase from a baseline of 142 units annually to 183 units annually between 2021 and 2030,to keep pace with increased demand. Both scenarios hope that the City would make efficient use of infill residential lots in established neighborhoods. The City could place greater emphasis on new construction to meet future housing demand, but the benefits of doing so must be weighed against the costs of allowing infill lots to remain vacant in distressed neighborhoods. Of course, it may be unrealistic to redevelop all infill lots,since many may be vacant for a reason — market demand and appraisal values in these neighborhoods are low. Infill housing development is most likely to be successful when it is part of a broader strategy to improve neighborhoods and boost housing demand. PageA15 of 418 Housing Goals and Objectives Based upon the findings of this Housing Needs Assessment, the following goals have been developed to maintain, revitalize, and expand Waterloo's housing stock in a coordinated manner with broader community development efforts: GOAL 1: MAINTAIN AND IMPROVE THE QUALITY OF WATERLOO'S EXISTING HOUSING STOCK. GOAL 2: SUPPORT INFILL HOUSING DEVELOPMENT AND REDEVELOPMENT, ESPECIALLY IN OLDER NEIGHBORHOODS. GOAL 3: EXPAND OPPORTUNITIES FOR WATERLOO'S LOW-AND MODERATE-INCOME HOMEBUYERS AND HOMEOWNERS. GOAL 4: EXPAND RENTAL OPPORTUNITIES AND RELATED SERVICES FOR LMI HOUSEHOLDS, INCLUDING THOSE EXPERIENCING HOMELESSNESS. GOAL 5: SUPPORT INCREASED MARKET-RATE HOUSING DEVELOPMENT. GOAL 6: SUPPORT COMMUNITY DEVELOPMENT, WORKFORCE DEVELOPMENT, AND OTHER EFFORTS INTEGRALLY RELATED TO QUALITY OF LIFE AND HOUSING DEMAND IN DISINVESTED NEIGHBORHOODS. GOAL 7: SUPPORT EXPANSION OF WATERLOO'S INSTITUTIONAL STRUCTURE FOR HOUSING DEVELOPMENT. Each goal is supported by several proposed objectives, many of which include italicized bullet points with further details and context. The City of Waterloo does not have sole responsibility for the proposed goals and objectives, which can only be accomplished in collaboration with developers, nonprofit agencies, financial institutions, philanthropic organizations, and other stakeholders. However,the goals and objectives are phrased in terms of actions the City can take, at least as a facilitator or collaborator. Many of the objectives below would require new or redirected funding sources. Ideally, general revenue or other City revenue — beyond the CDBG and HOME funds the City already receives — would be one of the funding sources available to implement the Housing Needs Assessment's goals. If expanded or redirected City funding is not politically or financially feasible, support from private donors will become increasingly important. The goals and objectives identify specific initiatives that could benefit from private-sector support, such as start-up funding for a Community Land Trust (CLT) or Neighborhood Finance Corporation, a damage contingency fund to encourage landlords to rent to Housing Choice Voucher and Rapid Re-Housing recipients, and a gap financing program for housing development in neighborhoods with low appraised values. PageA46 of 418 The goals and objectives promote a balanced approach to housing and community development. The City must strike a balance between revitalizing distressed neighborhoods and expanding fair housing choice, and between expanding tax base in growth areas and reinvesting in older neighborhoods. As a result, the objectives include provisions for targeted investments in both distressed neighborhoods and growth areas. GOAL 1: MAINTAIN AND IMPROVE THE QUALITY OF WATERLOOS EXISTING HOUSING STOCK. Objective 1: Maintain and, if possible, expand the City of Waterloo's programs for single-family rehabilitation and emergency repair for LMI homeowners. • Consider supplementing declining Community Development Block Grant (CDBG) and HOME funds with a local revenue source, such as general revenue, a modest hotel tax increase, Waterloo Housing Trust Fund monies, etc. Objective 2: When possible, make housing funds available for rehabilitation of rental units for LMI households. • Consider shifting CDBG or HOME funds toward rental rehabilitation in the next Consolidated Plan, if appropriate. • To the extent possible, avoid rewarding negligent landlords and ensure that participating landlords have a good faith commitment. For example, rental rehabilitation assistance may be targeted to landlords below a certain income threshold, as allowed by the funding source. The landlord's good faith may also be demonstrated by their commitment to keep rents affordable to LMI tenants for a certain period of time, as federal and state funding sources require. Objective 3: Pursue a robust and balanced residential code enforcement strategy. • Effective code enforcement should treat similar violations equitably to avoid court challenges. In cases where it is necessary or appropriate for the City to take possession of a dilapidated property through the 657A process, legal challenges can be avoided by demonstrating that the City has a record of conducting code enforcement equitably. • To be conducted equitably and effectively, a code enforcement strategy needs reliable political and financial support. PageA47 of 418 • When operating or supporting owner-occupied and rental rehabilitation programs, consider prioritizing property owners who are facing code enforcement actions. • Consider providing local funds to help property owners above the LMI threshold correct code violations. For example, private-sector donations or general revenue may support rehabilitation assistance for property owners between 81%and 120% AMI who have no alternatives to correct code violations. GOAL 2: SUPPORT INFILL HOUSING DEVELOPMENT AND REDEVELOPMENT, ESPECIALLY IN OLDER NEIGHBORHOODS. Objective 1: Consider requiring owners of vacant buildings to apply for a license and pay a fee, an approach that at least one other community in Iowa has used successfully. • Fees should be reasonably related to costs imposed on the City by vacant properties, and the City may place liens on vacant properties with unpaidfees". Objective 2: In neighborhoods where development costs typically exceed the appraised value of newly constructed housing, pursue "gap financing" to allow nonprofit and for-profit developers to recoup costs and collect a reasonable developer fee. • Increasing the volume of new home sales in disinvested neighborhoods is critical for increasing the number of comparable sales that appraisers use to evaluate future home construction. • Whenever possible, invest gap financing in small or moderately sized target areas, to maximize the likelihood that these homes will be considered as comparable sales in future appraisals in the area. • Gap financing may be provided by City funds, local donors, a Federal Home Loan Bank (FHLB) grant, etc. The Waterloo Housing Trust Fund should avoid funding new construction of owner-occupied homes without strong support from stakeholders, since doing so would prevent affordable housing developers from accessing financing directly from the Iowa Finance Authority. If appropriate, the Trust Fund may offer a new home construction funding program that is complementary to the efforts of affordable housing developers that receive funding directly from IFA. For example, if the community determines that for-profit za For more information,see the Building American Cities Toolkit at http://www.communityprogress.net/toolkit- pages-292.php. Retrieved 6/27/18. Pageq�48 of 418 developers need additional incentives to develop affordable housing but nonprofit developers do not, the Trust Fund may choose to provide gap financing to for-profit developers only, allowing nonprofit developers to remain eligible for IFA funding. Objective 3: Explore interest among neighborhood leaders and residents in forming a Community Land Trust (CLT) to acquire and exercise stewardship over properties experiencing or at risk of deterioration or speculation 25, as well as 657A properties. Determine whether a sustainable nonprofit could be formed to operate a CLT, or whether an existing nonprofit would be able and willing to assume CLT responsibilities. • CLTs may develop both ownership and rental housing on the land they own. Owners of CLT homes do not own the land, but rather have a ground lease with the CLT. CLT homeownership is a limited-equity model— buyers must be income- qualified, and must sell the property to another income-qualified household at a below-market price. • Identify possible startup funding sources for a CLT to acquire properties, such as a grant from the Waterloo Housing Trust Fund, donations from local philanthropists, a one-time allocation of general revenue, etc. • In addition to helping stabilize disinvested neighborhoods, CLTs can prevent displacement if any of Waterloo's disinvested neighborhoods happen to experience gentrification in the future. Objective 4: To ensure that new development does not happen at the expense of existing neighborhoods, consider dedicating a modest percentage of increased tax valuation in CLURA developments to fund improvements in core neighborhoods, with input from neighborhood leaders. Objective 5: Conduct community development activities in a coordinated and transparent manner to build trust in disinvested neighborhoods. • Whenever possible, coordinate demolitions with redevelopment on the same lots in a relatively short timeframe. • Consider working with neighborhood leaders, local schools, and others to coordinate tours and visits to new developments and improvements to increase their visibility. zs For more information on CLTs,see Hawkins-Simon, D.and Axel-Lute, M.April 4, 2018. "Organizing and the Community Land Trust Model."Strong Towns [website]. https://www.strongtowns.org/journal/2018/4/4/organizing-and-the-community-land-trust-model. Retrieved 6/26/18. PageA49 of 418 • Continue to communicate regularly with neighborhood leaders about the status of multi-year projects, such as remediation of brownfield sites. • Consider providing a dedicated funding stream for historic preservation from development permit fees, general revenue, or another source. To the extent possible, support historic preservation in neighborhoods with a relatively high concentration of demolition activities. GOAL 3: EXPAND OPPORTUNITIES FOR WATERLOOS LOW- AND MODERATE-INCOME HOMEBUYERS AND HOMEOWNERS. Objective 1: Maintain and, if possible, expand the City of Waterloo's programs for single-family rehabilitation and emergency repair for LMI homeowners (see Goal 1, Objective 1). Objective 2: Maintain and, if possible, expand programs to provide accessibility improvements to owner-occupied homes where people with disabilities live. Objective 3: Explore opportunities to provide home purchase assistance for LMI prospective homebuyers in greater amounts than the Iowa Finance Authority provides. • Consider shifting CDBG or HOME funds toward purchase assistance, homebuyer education, and credit counseling in the next Consolidated Plan, if appropriate. • Encourage the Waterloo Housing Trust Fund, local nonprofit agencies, and mortgage lenders to offer or support purchase assistance programs. For example, a mortgage lender could apply to Federal Home Loan Bank(FHLB) Des Moines for a down payment assistance grant on a nonprofit agency's behalf. • Encourage local lenders and real estate professionals to work with homebuyers who participate in purchase assistance programs. Objective 4: Continue working with local developers of LMI ownership housing to provide City- owned lots at nominal cost. Objective 5: To promote fair housing choice for LMI homebuyers and protected classes, support the construction of affordable ownership housing in neighborhoods near the city limits that are experiencing new development. • Consider shifting CDBG or HOME funds toward land acquisition by nonprofit housing developers in the next Consolidated Plan, if appropriate. • Ensure that adequate land in Waterloo's growth areas is zoned for moderate- density residential development, including townhomes and condominiums. PageA50 of 418 • Encourage developers to propose subdivisions with diverse housing sizes, styles, and layouts that would be allowed in a Planned Residence District according to the Zoning Ordinance. GOAL 4: EXPAND RENTAL OPPORTUNITIES AND RELATED SERVICES FOR LM HOUSEHOLDS, INCLUDING THOSE EXPERIENCING HOMELESSNESS. Objective 1: When possible, make housing funds available for rehabilitation of rental units (see Goal 1, Objective 2). Objective 2: Encourage a balanced approach to affordable rental development that both revitalizes distressed neighborhoods and expands fair housing choice in more affluent neighborhoods. • Encourage rental developers to use 657A parcels by either rehabilitating existing structures or demolishing and reconstructing housing. • Ensure that adequate land in Waterloo's growth areas is zoned for multifamily development. • Encourage developers to propose subdivisions with diverse housing sizes, styles, and layouts that would be allowed in a Planned Residence District according to the Zoning Ordinance. Objective 3: Prevent displacement of tenants in rental properties subject to code enforcement actions (see also Goal 1, Objective 3). • When appropriate, encourage landlords with code enforcement violations to participate in rental rehabilitation programs. This approach has the advantage of imposing an affordability period on units for LMI renters, which can prevent landlords from increasing rents to unaffordable levels to reflect the value of improvements. • Consider working with the Black Hawk County District Court to explore the feasibility of establishing an expedited legal process with a dedicated judge for Paggol of 418 eviction hearings26. Such a process might also be permitted by Iowa law to prevent landlords with outstanding violations from evicting tenants27. • Consider working with Iowa Legal Aid, the City Attorney, and other legal professionals to explore the feasibility of a City rent escrow program, which would allow tenants in properties with unresolved code enforcement issues to pay reduced rents into a City-managed escrow account until repairs were made2829. • Ensure that resources are available for tenants displaced by code enforcement. Consider requiring landlords to pay relocation costs for evicted tenants if the landlord withdraws a substandard building from the rental stock rather than bringing it up to code30. Consider using City funds or partnering with other funders to offer relocation assistance for tenants displaced by rising rents in properties that have been brought up to code. Objective 4: Whenever possible, work with affordable housing developers to bring rents down to levels affordable to extremely low-income (ELI) households. • Consider offering CDBG or HOME matching funds for proposed Low Income Housing Tax Credit (LIHTC) developments to reduce the mortgage debt needed to finance the project. • When appropriate, require developers of ELI rental housing to include accessibility features for people with disabilities, beyond those that may be required by other funding sources for the development. • On an ongoing basis, communicate with nonprofit housing developers in the region about potential opportunities to develop or rehabilitate affordable rental housing. Objective 5: Communicate regularly with owners and managers of Waterloo's subsidized rental housing. If a development is experiencing high vacancy rates or unit turnaround times, facilitate 26 Wells,S. March 31, 2016. "Eviction Court needs more attention from communities." Nonprofit Quarterly [website]. https://non profitquarterly.org/2016/03/31/eviction-court-needs-more-attention-from-communities/. Retrieved 6/26/18. 27 Lind, K. December 14, 2011. "The People's Court."Shelterforce [website]. https://shelterforce.org/2011/12/14/the peoples court2/. Retrieved 6/26/18. 28 See ChangeLab Solutions. 2014.A Guide to Proactive Rental Inspection Programs. https://www.changelabsolutions.org/sites/default/files/Proactive-Rental-Inspection- Programs Guide FINAL 20140204.pdf. Retrieved 6/26/18. 29 Note that Iowa Code Ch. 364.17 allows cities to establish an escrow account for rental payments to correct code violations. However, Iowa Code does not explicitly protect tenants who pay into a City escrow account from being evicted for nonpayment of rent.The City would need qualified legal advice to address this ambiguity. ao ChangeLab Solutions 2014. Pagq(A52 of 418 measures to increase occupancy— such as introducing the property manager to a social service agency that can refer prospective tenants. Objective 6: In coordination with property owners, support retrofits of older subsidized senior housing developments to improve accessibility for people with disabilities. • Consider shifting CDBG or HOME funds toward accessibility improvements for subsidized rental developments in the next Consolidated Plan, if appropriate. • Work with the Waterloo Housing Authority to investigate opportunities to fund accessibility improvements in Ridgeway Towers. • Encourage the Waterloo Housing Trust Fund to offer accessibility improvement funds specifically for subsidized rental properties. Objective 7: Pursue a comprehensive effort to expand housing opportunities for Housing Choice Voucher (HCV or "Section 8") recipients. • Work with the Waterloo Housing Authority and local landlords to identify measures to increase landlords' willingness to participate, such as increasing accountability of tenants and providing financial assistance, when appropriate, to correct Housing Quality Standards (HQS) deficiencies. • Consider adding "source of income"as a protected class to the City's Fair Housing Ordinance, with Housing Choice Vouchers and other forms of public rent assistance explicitly included in "source of income,"unless such an ordinance is preempted by State law. This approach has been used successfully by other jurisdictions to improve the chances of HCV recipients finding housing before their vouchers expire31 Objective 8: Work with local homeless assistance stakeholders to advance the community's shift toward a "housing first" model to address homelessness. • Support Rapid Re-Housing (RRH) and Permanent Supportive Housing (PSH) programs whenever possible with City funds, and encourage other local funders (e.g. Waterloo Housing Trust Fund, philanthropic organizations) to support these projects. si Tighe,J.R., Hatch, M.E., and Mead,J. 2017.Source of income discrimination and fair housing policy.Journal of Planning Literature 32 (1):3-15. http://journals.sagepub.com/doi/pdf/10.1177/0885412216670603. Retrieved 6/26/18. Pagq(253 of 418 • Encourage private and nonprofit donors in the region, including the Waterloo Housing Trust Fund, to incentivize Housing First approaches in their grant scoring criteria. • Encourage RRH providers in the region to harmonize their programs to the greatest extent possible, to avoid duplication of efforts and confusion among landlords. • Work with the Waterloo Community School District, social service agencies, employers, and other stakeholders to improve support systems for households once RRH assistance ends. • Encourage the Waterloo Housing Authority and owners of subsidized rental properties to establish preferences for households exiting homelessness for a certain number of Housing Choice Vouchers or units. • Encourage transitional housing providers to tailor services to populations with unique needs and reduce barriers to entry. Objective 9: Help coordinate efforts among the Waterloo Community School District, social service providers, Child Protective Services, and traditional homeless service providers to identify and serve precariously housed families who might not always qualify for HUD homeless assistance. • When appropriate, use state and local funds to support activities and populations (including families that are doubled up with others due to economic hardship) that HUD homeless assistance programs do not typically support. Objective 10: Consider offering or financing cultural competency and trauma-informed care trainings for local entities that interact with homeless and precariously housed families. Objective 11: Encourage owners and managers of existing affordable housing, and developers of proposed affordable housing, to use flexible tenant eligibility screening criteria to ensure that as many ELI and homeless households as possible can benefit from affordable housing targeted to them. • To the extent possible, owners and managers of units for ELI and homeless populations should accommodate prospective tenants with credit problems or past eviction or criminal histories. Objective 12: Encourage the Waterloo Housing Authority, homeless service providers, and social service agencies working with precariously housed families to develop programs that benefit these client groups in a coordinated fashion. Paggg54 of 418 • RRH programs typically offer "housing navigator" services to identify willing landlords in advance, and help place RRH recipients with barriers to renting. These programs could potentially be expanded (with funding sources other than HUD homeless assistance) to serve HCV recipients and precariously housed families as well. • Encourage both RRH providers and the Waterloo Housing Authority to maintain contingency or "risk mitigation""funds to reimburse landlords for damage created by tenants. Contingency funds may increase landlords' willingness to participate in these programs". GOAL 5: SUPPORT INCREASED MARKET-RATE HOUSING DEVELOPMENT. Objective 1: Continue to monitor the impact of the City Limits Urban Revitalization Area (CLURA) and CURA on new housing starts and property tax revenue, and extend past 2022 if appropriate. Objective 2: Use Waterloo's land use planning documents, including the Comprehensive Plan and the zoning code and map, to encourage development of moderately priced market-rate housing in areas undergoing new development. • Encourage developers to propose subdivisions with diverse housing sizes, styles, and layouts that would be allowed in a Planned Residence District according to the Zoning Ordinance. • Ensure that adequate land in Waterloo's growth areas is zoned for moderate- density residential development, including townhomes and condominiums. GOAL 6: SUPPORT COMMUNITY DEVELOPMENT, WORKFORCE DEVELOPMENT, AND OTHER EFFORTS INTEGRALLY RELATED TO QUALITY OF LIFE AND HOUSING DEMAND IN DISINVESTED NEIGHBORHOODS. Objective 1: Continue to support community policing and other efforts to build trust between law enforcement and residents. Objective 2: Continue to work with employers and neighborhood leaders to identify opportunities to match vacant positions with unemployed residents. • Address obstacles to hiring these residents, such as transportation issues or past criminal records. Identify solutions to obstacles, such as employer-supported az Hiler, H. 2016. Landlord Risk Mitigation Funds:A Literature and Design Review.St. Paul: Minnesota Housing Finance Agency.www.mnhousing.gov/get/MHFA 1040835. Retrieved 6/26/18. Pagq(A55 of 418 vanpools and flexible applicant screening criteria. Continue to work with local employers to support vocational education and training. Objective 3: In collaboration with the University of Northern Iowa Small Business Center, the Greater Cedar Valley Alliance, neighborhood leaders, and other stakeholders, identify strategies to expand marketing of small business assistance in underserved neighborhoods. Objective 4: Support marketing efforts to improve public perception of Waterloo and historically disinvested neighborhoods. • Continue working with Main Street Waterloo and the Waterloo Convention and Visitors Bureau to develop events to draw the public into neighborhoods beyond downtown, such as a walking or bus tour similar to Tour de 'Loo. • In collaboration with the Waterloo Convention and Visitors Bureau, the Greater Cedar Valley Alliance, the Waterloo Community School District, real estate professionals, and others who market Waterloo to households and businesses, continue incorporating positive stories of people living ordinary lives into marketing efforts. Objective 5: Continue to support efforts to create a historic district in the Smokey Row area and preserve other landmarks. Objective 6: Facilitate partnerships among WCSD and real estate professionals to educate newcomers to the Cedar Valley about Waterloo schools' diversity and extensive curricular options. GOAL 7: SUPPORT EXPANSION OF WATERLOOS INSTITUTIONAL STRUCTURE FOR PROVIDING AFFORDABLE HOUSING. Objective 1: Consider a one-time allocation of general revenue or other City funds to capitalize a revolving loan fund for the Waterloo Housing Trust Fund to help it become self-sustaining. Objective 2: Consider partnering with the Des Moines-based 501(c)3 nonprofit, Neighborhood Finance Corporation (NFC), to open a satellite office in Waterloo to provide home purchase, improvement, and refinance loans in underserved neighborhoods. • NFC opened an office in Cedar Rapids in fall 2018. This office is designed to complement rather than duplicate existing programs, such as those operated by the Housing Trust Fund for Linn County. This office was capitalized with$1 million PaggA56 of 418 in funds from the City of Cedar Rapids in Fiscal Year 2018, and$5 million or more in commitments from local lenders over five years. Objective 3: Communicate regularly with philanthropic organizations and other donors in the region about Waterloo's housing needs. • Educate local housing donors about the need for ongoing support for affordable housing, since the costs to build, operate, and maintain below-market-rate housing exceed what LMI households can afford in mortgage payments or rents. Some affordable housing activities, such as revolving loans and housing development undertaken by a Trust Fund itself(thus earning developer fees), can potentially become self-sustaining, but other activities cannot. Forgivable loans, grants, and Rapid Re-Housing rental assistance, for example, need ongoing funding from outside sources. • Encourage local donors to provide predictable, multi-year support for affordable housing efforts to enable local agencies to build capacity, hire knowledgeable staff, and meet housing needs on an ongoing basis. • Encourage local donors to support programs that cannot readily be funded by federal sources, such as Rapid Re-Housing assistance for doubled up families. Objective 4: Continue to foster coordination among City of Waterloo departments with housing and development-related responsibilities. PaggA57 of 418 RESOLUTION NO. A RESOLUTION TO ADOPT THE CITY OF WATERLOO 2021 HOUSING NEEDS ASSESSMENT WHEREAS, the 2021 Housing Needs Assessment was presented at a Waterloo City Council Work Session on August 16, 2021; and WHEREAS, said assessment was presented at the regular Waterloo City Council meeting on [date]; and WHEREAS, said assessment identifies the City's housing needs; and WHEREAS, said assessment outlines housing goals and objectives that may be implemented by the community to meet its housing needs; and WHEREAS, a housing needs assessment assists the community in securing housing funds and provides documentation of the need for such funds; and WHEREAS, said Housing Needs Assessment is intended to be consistent with the City of Waterloo's Comprehensive Land Use Plan, Code of Ordinances, and other policies and procedures established by the City; WHEREAS; said plan is in the best interests of the City of Waterloo, NOW THEREFORE, it is hereby resolved that City Council of Waterloo, Iowa approves and adopts the City of Waterloo 2021 Housing Needs Assessment; PASSED AND ADOPTED this day of , 2021. Quentin Hart,Mayor ATTEST: Kelley Felchle City Clerk Page 258 of 418 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo on behalf of Gary Stephens,Aaron Stephens, and Todd Borwig for the Preliminary Plat of Borwig Addition, a 6-lot residential subdivision located south of 203 Fairfield Street. City Council Meeting: 12/20/2021 Prepared: 11/23/2021 ATTACHMENTS: Description Type ❑ City Council Packet Backup Material Resolution approving a request by the City of Waterloo on behalf of GarX SUBJECT: Stephens, Aaron Stephens, and Todd Borwig for the Preliminary Plat of Borwig Addition, a 6-lot residential subdivision located south of 203 Fairfield Street. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director The Planning and Zoning Commission unanimously recommended approval of the Preliminary Plat request at their regular meeting on October 12, 2021. Therefore, staff recommends that the Preliminary Plat for Borwig Addition be approved for the following reasons: Recommended Action: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site. Transmitted herewith is a resolution approving a request by the City of Waterloo on behalf of Todd Borwig for the preliminary plat of Borwig Addition, a 6-lot residential subdivision located south of 203 Fairfield Street: • Staff report • Overview Map • Preliminary Plat • Engineering Letter The request for a preliminary plat would not appear to have a negative impact upon the surrounding area. It would appear that the proposed residential uses would blend well with the surrounding neighborhood which consists of single family homes. The proposed preliminary plat would not appear to have a negative impact upon on the surrounding traffic conditions in the area. The proposed Page 259 of 418 development would be served by Cedar Bend Street, Virginia Street, and Fairfield Street, which are classified as local streets. There are no sidewalks in the immediate vicinity, but sidewalks are being required along the proposed lots. Summary Statement: The area in question is zoned"R-2" One and Two Family Residence District and has been zoned as such since the adoption of Zoning Ordinance No. 2479 in 1969. The development in question is comprised of two lots that have numerous trees. Surrounding land uses and their zoning designations are as follows: North— Single Family Homes, zoned "R-2, One and Two Family Residence District. South— Single Family Homes and school ground, zoned "R-2, One and Two Family Residence District and "A-1"Agricultural District. East— Single Family Homes, zoned "R-2, One and Two Family Residence District. The preliminary plat request would not appear to have an impact on drainage in the area. The preliminary plat denotes approximately a 1,400 square feet drainage easement and storm water management area along the southern boundary of the proposed development There will also be a storm water management area along the north sides of Lot 6. There are also 10' utility and drainage easements along the northern, eastern, western, and southern boundaries of the development. There are also 5' drainage&utility easements along each lot property line. The preliminary plat is consistent with the Future Land Use Map which designates this area as Low Density Residential. The project also supports Land Use Goal Number 4, in which the community should work to offer a variety of housing opportunities to residents, and is a good infill project. The applicant is requesting to develop six lots along a proposed cul-de-sac south of where Fairfield Street currently dead-ends. The size of the lots Neighborhood Impact: range in size from 11,192 SF to 19,651 SF, with an average lot size of 15,506 SF. Each property shows a 10' utility easement in the front yard. The preliminary plat includes the following items: a) legal description, b) existing topography contours, c)property lines, d) date, north arrow, and scale e) sanitary sewer locations, f)water system locations g) storm sewer locations, h) size of individual lots, i)right-of-widths,j) street widths, k) vegetation location, 1) street name, m)property dimensions, n) adjoining subdivisions, o) grading plan, p) street surfacing, and q) street light locations. Expenditure Required/Source of None Funds: Borwig Addition, being a replat of portions of Lots F and G, Cedar Dale, City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Beginning at the northwest corner of Lot F, Cedar Dale;thence North 88°20'00"East 156.76 feet along the north line of said Lot F to the east line Page 260 of 418 of the west half of the west half of Lot F; thence South 00°22'21"East 330.08 feet along said east line to the south line of the north 330 feet of said west half of the west half of Lot F; thence South 88°20'00"West 156.79 feet along the south line of the said north 330 feet of the west half of the west half Legal Descriptions: of Lot F to the west line of said Lot F; thence North 85'14'30"West 178.72 feet to the west line of the east 178 feet of Lot G; thence North 00'24'15" West 310.08 feet along the said west line of the east 178 feet of Lot G to the north line of Lot G; thence North 88°20'00"East 178.25 feet along said north line of Lot G to the point of beginning, containing 2.50 acres. The parcel described being comprised of parcels previously described in file numbers 2020-17233 and 2021-7218 in the records of the Black Hawk County Recorder's Office. Page 261 of 418 December 6,2021 ofREQUEST- Request by the City of Waterloo on behalf of Todd Borwig for the preliminary plat of Borwig Addition, a 6-lot residential subdivision located south of 203 Fairfield Street. M-1 _ M-1 A-1 M,2 Ari 1 M, .R AA A- F4 ysY7 1�3 ,1 0 P -�wocaar+ R'p ,�,area`rar�x t R-3 y1GOUlUL S �� R.2fE;Z R 3 �u52:zws R� U-2 Art - 43T—� 'R-P 1, — R_1 i IL h - IAiVhW.4[, 4F � , u,�fe�aTH[n4+F .. a' APPLICANT- City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to subdivide for the development of 6 DESCRIPTION- residential lots, just south of 203 Fairfield Street. Preliminary Plat for Borwig Addition Pcfg@P26V of 418 December 6,2021 eorw,p�aa�u�, { 0:3 Iw71, IMPACT ON The request for a preliminary plat would not appear to have a NEIGHBORHOOD & negative impact upon the surrounding area. It would appear that SURROUNDING the proposed residential uses would blend well with the LAND USE: surrounding neighborhood which consists of single family homes. Preliminary Plat for Borwig Addition PSg@f hl of 418 December 6,2021 s x n 5 Picture 1:Looking north along Fairfield Street. VEHICULAR & The proposed preliminary plat would not appear to have a PEDESTRIAN negative impact upon on the surrounding traffic conditions in the TRAFFIC area. The proposed development would be served by Cedar CONDITIONS AND Bend Street, Virginia Street, and Fairfield Street, which are COMPLETE STREETS classified as local streets. There are no sidewalks in the POLICY: immediate vicinity, but sidewalks are being shown along the proposed lots. RELATIONSHIP TO The Cedar Valley Lakes Trail runs along the south side of Cedar RECREATIONAL Bend Street. TRAIL PLAN ZONING HISTORY The area in question is zoned "R-2" One and Two Family FOR SITE AND Residence District and has been zoned as such since the IMMEDIATE VICINITY- adoption of Zoning Ordinance No. 2479 in 1969. The development in question is comprised of two lots that have numerous trees. Surrounding land uses and their zoning designations are as follows- North ollows-North — Single Family Homes, zoned "R-2, One and Two Family Residence District. South — Single Family Homes and school ground, zoned "R-2, One and Two Family Residence District and "A-1" Agricultural District. East — Single Family Homes, zoned "R-2, One and Two Family Residence District. Preliminary Plat for Borwig Addition PScg@FAff of 418 December 6,2021 West— Single Family Homes and Cedar River Park Ground, zoned "R-2, One and Two Family Residence District and "A-1" Agricultural District. Legend I 4 + wazona(Updated) ZM C-1 / + C-P - � YY R.1 Fw.r-z R-1,R.-P R-2JGz - R3 � - . I F ■} R 7}9#,v AIJ t _ R-d.R-P 5.1 umw DEVELOPMENT The surrounding area consists predominately of single family HISTORY: homes, with development occurring from the 1910s — 1950s. BUFFERS/ No buffers would be required as a part of this plat request. SCREENING REQUIRED: DRAINAGE: The preliminary plat request would not appear to have an impact on drainage in the area. The preliminary plat denotes approximately a 1,400 square feet drainage easement and storm water management area along the southern boundary of the proposed development There will also be a storm water management area along the north sides of Lot 6. There are also 10' utility and drainage easements along the northern, eastern, western, and southern boundaries of the development. There are also 5' drainage & utility easements along each lot property line. Preliminary Plat for Borwig Addition PSg@f hfg of 418 December 6,2021 FLOODPLAIN: No portion of the property is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0188F, dated July 18, 2011 . The property is Zone X protected by levee. PUBLIC /OPEN Lincoln Elementary School is located approximately 450 feet to SPACES/ SCHOOLS: the southeast, George Washington Carver Academy is located 1.25 miles to the east, and East High is approximately 2 miles to the southeast. Cedar Bend Park is located 600 feet south of the preliminary plat area. UTILITIES: WATER, There is also 8" sanitary sewer main, 6" water main, and 18" SANITARY SEWER, storm sewer underneath Fairfield Street that can be extended to STORM SEWER, ETC: the development. RELATIONSHIP TO The preliminary plat is consistent with the Future Land Use Map COMPREHENSIVE which designates this area as Low Density Residential. The LAND USE PLAN: project also supports Land Use Goal Number 4, in which the community should work to offer a variety of housing opportunities to residents, and is a good infill project. Legend y� Agno.ilblrn VaGML +a�alhi* Rewd6nllo IpuubWyi L:m 4ese'gy[1 8 2 Fu plyJ I M.-md Rmddaalml:Low,VQ0 M.Hlph MD "RaWdamul;Frar� i Dffi o Mond C-0mowaol:Modum La HILI Emnw'Rin dmr al;Prafrssbn2d Mow.Khmh&vhD3d Camme�aal C�ro9t791 Euslr gl LPw LLW PraraDponW QMa". lnd6Wrial IrxlusLnW ..._A Nrb.Open 6pwee&Bre wla Ibspissy.C yemr1e"l Fda.f bF] AAeM.kRFWI S 0"Pi�411C.LJrAIIiR# :x �Hry9pin s � J�r • V qK Lr-Uen"y 12gsliyenllal i • � 10'. x N' JP.- �. Preliminary Plat for Borwig Addition PSg@f by of 418 December 6,2021 STAFF ANALYSIS — The applicant is requesting to develop six lots along a proposed ZONING cul-de-sac south of where Fairfield Street currently dead-ends. ORDINANCE: The size of the lots range in size from 11,192 SF to 19,651 SF, with an average lot size of 15,506 SF. Each property shows a 10' utility easement in the front yard. The Planning and Zoning Commission unanimously approved the preliminary plat at their regular meeting on October 12, 2021. ` 1 r I 0' - Picture 2:Looking Southwest from Fairfield Street. STAFF ANALYSIS — The preliminary plat includes the following items: a) legal SUBDIVISION description, b) existing topography contours, c) property lines, ORDINANCE: d) date, north arrow, and scale e) sanitary sewer locations, f) water system locations g) storm sewer locations, h) size of individual lots, i) right-of-widths, j) street widths, k) vegetation location, 1) street name, m) property dimensions, n) adjoining subdivisions, o) grading plan, p) street surfacing, and q) street light locations. Preliminary Plat for Borwig Addition P.TgIf�Sfr of 418 December 6,2021 r 1 I 1 Picture 3:Looking south from Fairfield Street STAFF Therefore, staff recommends that the Preliminary Plat for Borwig RECOMMENDATION: Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. Preliminary Plat for Borwig Addition PScgrf 169 of 418 City of Waterloo City Council December 6, 2021 i i i Q Q � i Q j z� 0 J 1 1 W AIRLINE HWY � 1 1 1 1� 1 rll •'j� " W.-DONALD ST E.'DONALD ST 1 63J,_..E 1 'Qq�iV NEWELL-ST- 0 EWELL-ST0/ R 218 CONGER ST O z J J lLl R/SER RO e GREENN� 22 IUNIVERSITYAVE Qi' �'KLINST ILU_ � ¢ 63 r6��5 �F m LU � gyFT 1 � Q U cJ� TFS'T i o J l �� WILLIS NAVE iygs q S� y, co 2co J I� C, Y N S of 203 Fairfield Street T - w+1 E Preliminary Plat s City of Waterloo 414,000 2,000 0 4,000 Feet Page h9 of 418 City of Waterloo City Council December 6, 2021 -- VIRGINIA ST co T. 203 Fairfield Streetfjw , - T � .p�a y• t f . •- y , Preliminary Plat Areay ;= tis Ir ,�- 4 . .......... I '41p 1 cow '"v- It WALKER ST - — 4M� N South of 203 Fairfield Street w E Preliminary Plat s City of Waterloo 219 109.5 0 219 . . Feet Page hO of 418 RNGRHEHRING DEPARTMENT 715 Mulberry St. o Waterloo, IA 50703 °Phone(319)291-4312 Fax(319)291-4262 a Email:city.engicteer(a,)tYaterlao ia.org 1A1VffR KN ]TSON,PE ° City Engineer October 21, 2021 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT BORWIG ADDITION Dear Aric: This preliminary 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 preliminary plat be approved. Sincerely, Dennis J. Gen z, P.E. Assistant City Engineer WEE' B WORDING FOR YrOU! An Equal Opportunity/Affirmative Action Employer Page1h1 of 418 (198.53') (283.8') (198.53') (198.55') FD 3/4" (198.55') O OPEN PIPE z rn _ / c �� Cn LOT 13 co LOT 8 - LOT 10 �- Z Z a LOT 7 LOT 9 W � V � � BLOCK 2, CEDAR C) � o BEND ADDITION TION ° m NORTHFIELD (283$'' BLOCK 1, CEDAR o FD3/4" Cfl co PINCHED PIPE OPEN PIPE p FD (198.59') � � ADDITION BEND ADDITION (198.59') FD 3/4" " I Z (198.58') Lq OPEN PIPE (198.58') cn EX.6"WATER MAIN 0„EX.8"SANII..ISEWER m _ 0 1.63 FT STRIP RESERVED SANI.SEWER MH LOT 11 M LOT 12 _ FOR JOSEPHINE STREET -- 1.63 FTS RIP RESERVED FOR C° ` 6 LOT 10 - - - - (334.T�5'�l LOT 12 t I I I PER CEDAR BEND ADD.PLAT _�� JOSEPHINE STREET `"' C _`I 2"STORM SEWER �� a REM�.RE'�.EX. �� PER CE R BEND ADD.PLAT � N 88°20'00"E R r , VEMENT TO r PRO. 12"STORM �� `6 5EAST LINE ') v LOT 9 FD 1" PIPE 1.84'NORTH OF SEWER 11 LF `� TO EAST LINE LOT -� NORTH LINE LOT F F� END UTILITIES C6 �� FD 3/4" / '� C (PUBLIC) EX.OH ELEC.& OPENCl) E CEDAR DALE Q C USED FOR ALIGNMENT / N 88°20'0 FD 3/4 N 88°20'0�'E€ECOM LINES \� FD 3/4" PIPE F PR(PUB STORM S�VyFF �htF-N.25'(1 78') O STORM �156.76'(156.75') -��_ �� N 88618'14"E OPEN PIPE 60' (60.23') Q N 00°34'50"W PRO.DETENTIO /(PUBLIC�BAS?N OUTFL SEWER Fye 396.9 '(397.26') 1.63'(1.63') N 88°21'05"E FD 1" �6� %ATE) / i� ��'EN 23.25(P rrc ��I N 88°20'00"E 198.27'(198.63') BAR __ 198.79'(198.63') - L7 --------OPEN PIP / �i 313.61'(313.5') __ N 88°20'00"E m ---- ------------ / 6 .0 �RnSL 1 156.85'(156.75') __ - 10_ 8s3� I I 1.63'°(1 63')W a� EL - �� .63 W tBL81 �I.SEWER 142 LF UTILIT qq 25' ssr ( " EASEMEN FD 3/4" ----__ 00 N88°20'00"E 10'UTILITY 1 12 �t W CORNER, I NORTH LINE OPEN PIPE 302.55'(302.48') EX.OH ELEC.& EASEMENT f2"STORM LOT F, 1.63 FT STRIP RESERVED TELECOM LINES ir> 112�. CEDAR DALE SW COR,LOT 9 PRO.6" ATER SEWER 168 LF 25'DRAINAGE & MAIN 189 (DIP) (PUBLIC) M FOR JOSEPHINE STREET BLIC) ) LOT 1 I o PER NORTHFIELD ADD. PLAT STORM WATER i � 16,461 SF I o 10' UTILITY& NORTH LINE PRO. PCC OR 7.5" MANAGEMENT _ 0.38 AC DRAINAGE LOT G, EASEMENT LOT 6 \_ HMA PAV MENT LU CEDAR DALE - 8 \ uBLlc)\ EASEMENT r I a r O 11,192 SF 63 10' UTILITY X854/ PAV RAD. 70, EASEMENT 2,.5' r I \ EX.OH TELECOM LINE(TO BE BUILDING SETBACK Im FIFO.SAI.M RELOCATED BY OTHERS LINES. SEE TABLE. am ( BLIC) TRACT A 3 - I WEST 2.4 ACRES, N 88°20'00" E 124.62' EAST 112, 45,708 SF I o � '`- 7 I 0. 6 AC '' I N TMCD O. "SANL�EWER 8 LOT F ° o ° BL ) 5'DRAINAGE& , m LOT G, ` gam, O„ E IDK a5 o UTILITY EASEMENT CEDAR DALE - G-�`t- a C4 � CEDARDALE BUILDING SETBA& I �P BLIC) MH I W O LINES. SEE TAB if s M LOT F Plat Utilit / Feature Le end: M LOT G 0.35 C 04 y g w aw� PR RE HY C1UILDING UBLIC � AST LINE T RM N 00oLINE LOT G, E LET ° O O EXISTING MANHOLE w 0ZR DALE ' O EAST LINE O O .� C3 (PU C) O Cry PROPOSED MANHOLE O � WEST 1/2,z ��_ 10 UT L & U) M LOT F,CEDAR DALE CURVE DATA TABLE ' OT 5 - PRO. O \ D NAGE ® EXISTING INLET Q A N a. I 13,48 SE R MH \ ` o PROPOSED INLET o PRO. 1 TOR S ER 11 LF EASEMENTIR CURVE ARC CENTRAL CHORD CHORD (P LIC)( A OUTFLOW) BLIC) I I > O N A' RADIUS 10' UTILITY& `n m NO. LENTH ANGLE LENGTH BEARING DRAINAGE �4z° GUY WIRE c� r ^ EAST LINE J .. M (FT) (FT) (FT) EASEMENT I isi / \ ra54I WEST 1/2,WEST 1/2 �� UTILITY POLE w O 'DRAINAGE& i ° „ ° „ co LOT F,CEDAR DALE � C1 60.00 56.00 36 31 24 53.99 S 27 08 33 E CO �q/ TILITY EASE E \ I WATER VALVE Q O CN C2 60.00 50.15 47°53'35" 48.71 S 77°49'39" E I m OT HYDRANT J J N C3 60.00 50.15 47°53'36" 48.70 N 54°17'03" E I ^ 19, SIF C4 60.00 54.75 52°17'07" 52.87 N 4°11'59" E EAST 178WEST LINE FT LOT G I O / L 43 `� m �`` 5 AC I I TREE Q IF W .-. C5 60.00 63.10 60015;36ii 60.24 N 52004;23ii W CEDAR DALE I g AC )ZI) �I I GAS VALVE M C6 10.00 14.28 81 47 56 13.09 N 41 18 13 W I Ex.o TELEC N TOB -� I W L M REL CATED BY ) PRO. 15"STORM PRO.�E TION Plat Legend: -DT- DRAIN TILE U Q SEWER 127 LF BASIN P TE]1 t S 8t'14' �8 5' 2 34°08'26"E (PUBLIC)(TO BASIN) ( -w- WATER LINE �� i 854"' 25 7 N 48°35'36"E ri �� • Found Monument 30 -w� WATER SERVICE 32.83 -� ', I,_ 852 ,� p Set 5/8 x 24 Rebar w/Blue Plastic � _ N 88°20'00" E �� ` FD 1"PINCHED PIPE 2.12'NORTH v 45.5' E 57. J 850 180.25' I Cap Iowa - 19715 -sT STORM SEWER O OF SET CORNER AND ON LINE. 851 �85°14'30" - ® „ „ - DRAINAGE ASEMENT aso I o Cut X in concrete, found or set -SAN- SANITARY SEWER J 1 _ Vb- / &STORIWATER as3 - o N EAST 1/2 OF THE 123.45' Record Measurement 851 x 0 - � MANAGE NT AREA 10'DRrurvAGE� I ( ) 25.5' r -- -- -�IL�� - + i 123.45' Field Measurement -�- GAS LINE 851 WEST 1/2 F� X85'' -T- TELEPHONE LINE 10' i 1 POC Point of Commencement UU 35a LOT F, POB Point of Beginning -E- ELECTRIC LINE N 85°14'30" W (178.72') S 88°20'00" W O -TV- CABLE TV LINE 156.79' (156.75') CEDAR DALE Survey Notes: FD�IPE W/90°BEND AT TOP n 9.54'NORTH OF SET CORNER. 1 . The Bearings shown on this survey are derived from GPS observations using USED FOR ALIGNMENT. w _ the Iowa State Plane Coordinate System, North Zone, NAD 83 2011 EAST LINE -Z N � Y �' LOT G,CEDAR DALE WEST 1/2 OF THE 2. All dimensions are in US Survey feet and decimals thereof. 6 Q o O am WEST 1/2 U) 3. Tract "A" to be dedicated to the City of Waterloo, Iowa, for street. J 0*1 M EAST 178 FT 4. See Deed of Dedication for convenants and restrictions. W 'mss e 04 � LOT F, Z N LOT G, CEDAR DALE FD 1"OPEN PIPE IN CONCRETE CHAIN LINK LU Q CEDAR DALE N 89°20'52"E FENCE FOOTING. Owner: Developer: Engineer / Surveyor: 60.19'(60') City of Waterloo Todd Borwig William W. Castle, PLS, PE CD c/o Noel Anderson, Economic 511 Cutler Street City of Waterloo Engr. Dept. Q Z �-9 Development Director Waterloo, Iowa 50703 0 20 40 80 715 Mulberry Street �� '/^ 715 Mulber Street Phone: (319) 830-0308 Waterloo, Iowa 50703 N Phone (319) 291-4312 F o o Waterloo, Iowa 50703 Scale: 1 inch = 40 feet "x o! Phone: (319) 291-4366 u Uj o 0 O UU � z o F Z PRELIMINARY PLAT co w� � � FD 1" o � Pv OPEN � N N N I hereby certify that this surveying document was PIPE o CDN N 89°37'57"E prepared and the related survey work was performed z N 177.87'(178') by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the tyL fI lAa w A REPLAT OF PORTIONS OF LOTS F & G, �A91,. CEDAR DALE, WATERLOO, IOWA �` 69Ss�`� M William License Number Castle, PLS Date umber 19715 TM My License Renewal Date is December 31, 2021. N Borwig Addition, being a replat of portions of Lots F and G, Cedar Dale, City of Waterloo, Black Hawk Pages or sheets covered by this seal : W Q County, State of Iowa, and being more particularly described as follows: N Beginning at the northwest corner of Lot F, Cedar Dale; thence North 88°20'00" East 156.76 feet ` M Q M alongthe north line of said Lot F to the east line of the west half of the west half of Lot F; thence OPEN r FD 1" FD 1" FD 3/4"PIPE FD CORRODED FD 1-1/2" 0 S 89°45'30"W o , n P PIPE OPEN OPEN IN GRAVEL S 89°12'42"W 1/2"PIPE OPEN PIPE South 00 22 21 East 330.08 feet along said east line to the south line Of the north 330 feet of said S 89°25'10"W PIPE S 895'(96."') PIPE S 89°2052 W DRIVEWAY 156.32'(156.75') 314.05'(313.50') 77.76' west half of the west half of Lot F; thence South 88°20'00" West 156.79 feet along the south line of 49.94' 96.95'(96.75') 60.19'(60') 46 the said north 330 feet of the west half of the west half of Lot F to the west line of said Lot F; thence TEL TEL TEL TEL TEL TEL TEL� �c L TEL TEL TEL TEL TEL TEL TEL�-TEL North 85°14'30" West 178.72 feet to the west line of the east 178 feet of Lot G; thence North ` WALKER STREET 00°24'15" West 310.08 feet along the said west line of the east 178 feet of Lot G to the north line of Wbeginning, N Lot G; thence North 88°20'00" East 178.25 feet along said north line of Lot G to the point of 60'ROW containing 2.50 acres. W U. 0 The parcel described being comprised of parcels previously described in file numbers 2020-17233 and 2021-7218 in the records of the Black Hawk County Recorder's Office. EL EL EL EL EL E EL EL EL EL EL EL EL EL (All Page 272 of 418 11 _ PINCHED PIPE -sk ' (198.59') BENDADDITION (198.58 ) O _ � O C EX. GAS MAIN r EX. 6" WATER MAIN I n 8" SANI. SEWER T 1 - _ __ L O - SERVED _ • 0 SANI. SEWER MH - �FT STRIP RESERVED FOR STREET _ - - - - 1 .63 1 T_ STREE LOT `y D. PLAT (334 .7] _ JOSEPHINE EX. �2 STORM SEWER -� 1 O � BEND ADD. PLAT EDARCLOT PER REM. &,REQ. EX. RAIEMENT TO PRO. 12" STORM \ 'w`a ._b F Z ,LEND UTILITIES I SEWER 11 LF �°+"/•- ` _ =a - { 110, (PUBLIC) EX. OH ELEC. & �. - �. _ O TELECOM ES ;=�.• J PRq.12" STORM SEWER 41 LF PRO. STORM P O DETENTION /(PUBLIC) (BASIN OUTFLOW) SEWER MH - \ \ B SIN (PRIVATE) (PUBLIC) _ F 853' 6 0.0 --- - t Z PRO. 8 SANI. SEWER 142 LF 10' UTILITY ' 1 O 25' 851' � � QJ \� PUBLIC ' ( ) EASEMEN 10 UTILITY I - NORTH LINE . I � -� iOT F EX. OH ELEC. & EASEMENT 1 0 °° 11 I -� L J TELECOM LINES PRO. 12 STORMS �� CEDAR DALE 11 Uj t< _ _ - PRO.;TATER ATER SEWER 168 LF �t,'��';: �� I c� MAIN 189 F (DIP) I _ (PUBLIC) _ .�T. .. �n \ LOT 1 0 25 DRAINAGE & 10' UTILITY & STORM WATER P BLIC) I 1 Ii-- \ 16,461 SF o r - r ? 11 11 4E - # ' t - :# �- PRO. PCC OR 7.5 4 . �- t_ _ _ , � MANAGEMENT c , - - �� \ 0.38 AC DRAINAGE _. �� ' s, EASEMENT � ;� �_ HMA PAV MENT . r • � I s _ I EASEMENT . _�,� ,, co LOT 6 _ � _ PUBLIC) �L E. t -.� o , 6' 10 UTILITY ' 11 192 SF ° L EASEMENT o ��Sg� * " PAVE. RAD. 7O� W W 24.5' W ~ Z . .. \ BUILDING SETBACK O EX. OH TELECOM LINE (TO BE . LO 0 P O. SA I. M '= LINES. SEE TABLE. a - _ •,. , , , , � RELOCATED BY OTHERS - � ._._ - -,rer� HU. -� k - j . � , ,_ .•''" - PUBLIC TRACT -, � r _ -L __�.�•�.--__-_.--=- _ .�_ c� a �- N 88°20'00" E 124.62' '- N 708 S \ �' - - _ .�_ _ _ T_ ACRES, i _ - - - �- � � _ - . - -- . :- � - I M o I C 0. " SANI.ISEWER 80 LF _ - �� t �y W 0 r - I •�- .. ...rte' ' ° Pq��O � IDE - ° ( UBLI ) 5' DRAINAGE & ,__ _ ""'""• m 0 N G Plat Utility / Feature Legend: '' ; -H9-33 i I TILITY EA EMENT -, C"C;' ICfEWALKL ss ri U S N ' 0 EXISTING MANHOLE 45 ., C4 DALE 0 PROPOSED MANHOLE h �p . SANI. M H � M Q EXISTING INLET I I y � - r i ® - P BLIC I _ O BUILDING SETBA� +, � O � ) _ ti ® � c0 PROPOSED INLET I r ..._ ..� LOT 2 LINES. SEE TAB � Q ,� � M F GUY WIRE � „ - •► \ O•(q I `' J� LOT G s _ _ UTILITY POLE PRO. IRE HY C 1 �'P _ � 00, (V _ WATER VALVE M I UBLIC �� \I T RM tN, ,Y.35_ N W - HYDRANT p O E NLET - .:�: O Z TREE � O \ - (PUBLIC) �� O W GAS VALVE O �' I ;��:. _ - C 3 10' U T L I TY & _ C) c� DRAIN TILE , z I t _ DRAINAGE r \ \ - w- WATER LINE - ' t I PRO. ORM\ w� WATER SERVICE M. _ LOT 5 , \ , 1 m EASEMENT i�- PRO. 1 STORY S ER 11 LF / SEUR MH O ' l , - - BLI f sr STORM SEWER f �• I 13 485 SF P LIC � N OUTFLOW) �• C SAN- SANITARY SEWER 10 UTILITY & -. I 0 . 11 G- GAS LIN -� D RAI NAG E - �' _ * a �`! ISO _ T- TELEPHONE LINE \ - �. '`�� \ i•� "_ � + `- EAST LINE W . EASEMENT '''' _ y,� E- ELECTRIC LINE rBSQ, / /, •' '' r .. , Ai """ /8S , WEST 1/2, WEST 1/2 r _ I r DRAINAGE & (n 0 TV- CABLE TV LINE c� _ LOT F CEDAR DALE W _ ,�•,'' - - cfl - _ -.1p *A 00/ UTILITY SE ENT " -� �' ' 0 4 CD 19, SF t BUILDING AREA TABLE �� •w SIDE- SIDE- WEST LINE \ fT1 ,- r- ° � "-- � i 5 A "�'� _..__ ,� LOT FRONT NORTH SOUTH REAR AREA f' I. `L� 17, 43 SF �`""'�.'' :' \ z , uL W EAST 178 FT LOT G, . CEDAR DALE �' _ FT FT FT Fr SF O - p 9 AC � - ._\ I __-- 1 115.4 135.5 80.0 90.0 10,190 LU r .arx- _ EX. OH TELECO INE (TO 6 _ _ z 63.3 "-3 15.9 154.0 8,921 Z %0 10 20 40 % RELOCATED BY E ) PRO. 15 STORM PRO. DET TIO 3 56.3 134.3 106.1 133.4 13,173 S 8 °14' SEWER 127 LF --'., BASIN (P I TE 4 58.1 103.8 134.7 150.6 11,aaz >1111 � 0 '� X8.5. S 34°08'26" E Z' �� . - UBLIC) (TO BASIN) ' 5 66.3 49.6 124.4 155.5 7,315 Scale: finch = 20 feet 25.7' ��S �C_ . ' 10 .0 4 .5 4 .s 107.9 5,3x4 Z � _ _25 FT FRONT YARD SETBACK - 854' N 48035'36" E ,„ - , I� 5 FT SIDE YARD SETBACK W I 32.83' �� I I - 852' - - �It � N 88020'00" E _ _ _ - ,` I „� 20 FT REAR YARD SETBACK PRELIMINARY P C� I 850' - - 6 851' S 85°1 , 180.25 ,�, ,,o.. I _ _ TOM / 45-51E 57.5' DRAINAGE EASEMENT s5o' - • - w _ q BORWIG ADDITION �I WATER I W O 1 851' _ g� & STORK.. , 853' 52,0' r CD � 10 DFcHIIvAGE & 0 4 EAST 1/2 OF THE N -- MANAGEMENT AREA --� 7 � 25.5 - - -STI= EASMENT A REPLAT OF PORTIONS OF LOTS F & G, 851' �. 0 854' - WEST 112,CEDAR DALE, WATERLOO,_ IOWA �� - - • -' 10' p 854- 85014130" ' ; • ;�' N 8 5 1 /� 1 11 � -- w (178- 721) p 1 11 , •k• L T F V\/ �- 'rte ►� _ _ t S 88 20 00 V - � N ` .,-_ `I _ .yam 'I1I + ' - ` _ •.). rr LU 156 .79 (156 .75 ) WILL CEDAR DALE Page 273 of 418 12 p I I I I j � t sa Midi Ir, Y It _ 110 PLEASE NOTE 325 Sycamore Street THIS MAP DOES NOT REPRESENT A SURVEY,NO LIABILITY IS ASSUMED P o Box 27 FOR THE ACCURACY OF THE DATA DELINEATED HEREIN,EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY OR THE WATERLOO WATERLOO nT� Tf� WATER • +� S Waterloo Iowa 50704 WATER WORKS OR THEIR EMPLOYEES.BLACK HAWK COUNTY AND THE - — WATERLOO WATER WORKS MAKES NO WARRANTY,EXPRESSED OR Ph 319-232-6280 Fax 319-232-1962 IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS 13 MAP,AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY. r�]a e 274 of 418 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (PRELIMINARY OR MINOR) I. APPLICATION INFORMATION: a. Applicant's Name(please print): CJ-111 O 1F W A-166 i_U o Address: ) Phone: 3(�-.�` - V 3cL City: State: i-A Zip:450"]j Email: b. Status of Applicant: (a) Owner(b) Other_(CHECK ONE): If other explain: c. Property Owner's Name if different than above(please print): Address: Phone: City: State: Zip: Email: 2. PREPARER INFORMATION: a. Preparer's Business Name(please print): Primary Preparer's Name: Phone: E-mail: 3. PROPERTY INFORMATION: a. Name of Plat: I ix 1'1 0 P, -T Tj b. General Location of Property: c. Area of Proposed PIat: d. Zoning District(s): 4. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication(prefered but not required) b. Overall Street Plan(if applicable) c. Six(b)copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. (also submit a digital copy of the plat in PDF format) 5. PUBLIC IMPROVEMENTS a. Costs (estimated)for any public improvements: Total Cost Estimate Storm Sewer $ Sanitary Sewer $ Paving $ Land Dedicated $ TOTAL $ The Request Fee of$300+$10 per lot(payable to the City of Waterloo)is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersign c lify under oath and under the penalties of perjury that all information on this request and submitted alon with is true and correct. All information submitted will be used by the Waterloo Planning, Programming, d Zo g ommission and the Waterloo City Council in mak' g eir decision. The undersig au i ity Z i g fficials to enter the property in question i •eg s to e r quest. A ?yP, zV,Z/ Signature of Applicant Date Signature of Owner Date Page1�75 of 418 CITY OF WATERLOO Council Communication Resolution approving the request by the City of Waterloo to rename Hess Road to La Porte Road, between Shaulis Road and Grimm Street. City Council Meeting: 12/20/2021 Prepared: 12/7/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material SUBJECT: Resolution approving the request by the City of Waterloo to rename Hess Road to La Porte Road, between Shaulis Road and Grimm Street. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval. Summary Statement: The applicant is requesting to rename a portion of Hess Road located between Shaulis Road and Grimm Street to La Porte Road. The request would not appear to have a negative impact on the surrounding neighborhood. The request would not appear to have a negative impact upon pedestrian or traffic conditions. There are no sidewalks in the area, there is a trail planned for La Porte Road when the road is reconstructed. The surrounding land use is commercial. The property in question is zoned"S-1" Shopping Center District and has been zoned as such the adoption of the zoning ordinance in 1969, "R-3" Multiple Residence District having been rezoned by Ordinance 3105 on October 6, 1980, and"C-P"Planned Commercial District having been rezoned from"A-1"Agricultural District on October 25, 2004, by Ordinance 4739 on October 25, 2004, and on September 13, 2010, by Ordinance 5009. Surrounding land uses and their zoning is as follows: East—Vacant land, US Highway 218, Isle of Capri Casino, and Lost Island Water Park zoned"A-1"Agricultural District and"C-P"Planned Commercial District. West— Commercial, Residential, and the KOA Campground zoned"C-P" Planned Commercial District. North— Commercial zoned "S-1" Shopping Center District and "M-1" Light Manufacturing District. South—Residential, South Hills Golf Course and Agricultural zoned"A-1" Agricultural District and "R-1"One and Two-Family Residence District. This request would not require any additional buffers and screening. Neighborhood Impact: The area is made up of KOA Campground which was constructed in 2011 and commercial buildings built-in 1978. The South Hills Golf Course is located just to the west of the intersection of Page 276 of 418 Shaulis Road and Hess Road. The Future Land Use Map designates this area as Commercial; Mixed Commercial:Medium to High-Density Residential, Professional Office, Neighborhood Commercial and Mixed Residential:Low, Medium, High- Density Residential; Professional Offices and the proposed request would be in conformance with the Future Land Use Map and Comprehensive Plan for this area, and this area is located within the Primary Growth Area. The applicant is requesting to rename Hess Road to La Porte Road between Shaulis Road and Grimm Street in order to reduce confusion for motorists caused by the existing change in street name along the curve in the road. La Porte Road was the original route of US Highway 218 but was severed when US Highway 218 was grade-separated and was connected with Hess Road. There is one residence located along the stretch and one commercial use, which are both connected to the KOA Campground which is fully supportive of the name change. Therefore, staff recommends that the street naming be approved for the following reason(s): 1. The primary impacted uses along the stretch are in full support of the name change. 2. The name change will reduce confusion for motorists. Data/Analysis and Strategies: Street naming Expenditure Required/Source of None. Funds: Page 277 of 418 December 14,2021 REQUEST: Request by the City of Waterloo to rename Hess Road from Shaulis Road to Grimm Street. APPLICANT(S): City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rename a portion of Hess Road DESCRIPTION: to La Porte Road. IMPACT ON The request would not appear to have a negative impact on NEIGHBORHOOD: the surrounding neighborhood. VEHICULAR & The request would not appear to have a negative impact upon PEDESTRIAN pedestrian or traffic conditions. TRAFFIC CONDITIONS: RELATIONSHIP TO There are no sidewalks in the area, there is a trail planned for RECREATIONAL La Porte Road when the road is reconstructed. TRAIL PLAN: SURROUNDING The surrounding land use is commercial. LAND USE: ZONING HISTORY The property in question is zoned "S-1" Shopping Center FOR SITE AND District and has been zoned as such the adoption of the IMMEDIATE VICINITY: zoning ordinance in 1969, "R-3" Multiple Residence District having been rezoned by Ordinance 3105 on October 6, 1980, and "C-P" Planned Commercial District having been rezoned from "A-1"Agricultural District on October 25, 2004, by Ordinance 4739 on October 25, 2004, and on September 13, 2010, by Ordinance 5009. Surrounding land uses and their zoning is as follows: East — Vacant land, US Highway 218, Isle of Capri Casino, and Lost Island Water Park zoned "A-1"Agricultural District and "C-P" Planned Commercial District. West — Commercial, Residential, and the KOA Campground zoned "C-P" Planned Commercial District. North — Commercial zoned "S-1" Shopping Center District and "M-1" Light Manufacturing District. South — Residential, South Hills Golf Course and Agricultural zoned "A-1"Agricultural District and "R-1" One and Two- Family Residence District. BUFFERS This request would not require any additional buffers and REQUIRED/ NEEDED: screening. DEVELOPMENT The area is made up of KOA Campground which was HISTORY: constructed in 2011 and commercial buildings built-in 1978. FLOODPLAIN: Portions of the area are in Zone A: 100 Year Flood Plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025, and Panel 12.11.21 —rename Cedar Street Page 1 of 2 Page 278 of 418 December 14,2021 Number 0304F, dated July 18, 2011. PUBLIC /OPEN Kittrell Elementary School is located 1 .30 miles to the SPACES/ SCHOOLS: northwest, Bunger Middle School is located 2.20 miles to the northeast, and West High School is located 2.00 miles to the northwest. The South Hills Golf Course is located just to the west of the intersection of Shaulis Road and Hess Road. UTILITIES: WATER, There is no underground utilities located in Hess Road. There SANITARY SEWER, is overhead power lines along Hess Road. STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates this area as COMPREHENSIVE Commercial; Mixed Commercial: Medium to High-Density LAND USE PLAN: Residential, Professional Office, Neighborhood Commercial and Mixed Residential: Low, Medium, High-Density Residential, Professional Offices and the proposed request would be in conformance with the Future Land Use Map and Comprehensive Plan for this area, and this area is located within the Primary Growth Area. STAFF ANALYSIS — The applicant is requesting to rename Hess Road from ZONING Shaulis Road to Grimm Street in order to reduce confusion for ORDINANCE: motorists caused by the change in street name. La Porte Road was the original route of US Highway 218 but was severed when US Highway 218 was grade-separated and was connected with Hess Road. There is one residence located along the stretch and the only commercial is the KOA Campground which is fully supportive of the name change. The residence is also part of the KOA Campground. STAFF ANALYSIS — No subdividing of land is required for this request. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the street naming be RECOMMENDATION: approved for the following reason(s)- 1. The primary impacted uses along the stretch are in full support of the name change. 2. The name change will reduce confusion for motorists. 12.11.21 —rename Cedar Street Page 2 of 2 Page 279 of 418 City of Waterloo Planning, Programming and Zoning Commission December 14, 2021 C-2 p/ Q �FLAMMANG DR S0� '� CRosSR�PO A NST INTAIL�R R-3 '3,R-P R-2 218 C�c 20 �R R F °2 \OVER_OOK DR Q�A J _ g O J \ C-P C-P ISLE OF CAP,? OR � L�J�"r�GJs\z J W R-1 R=2 JER'O E.-SHAULIS RD- U w J R-2 R=1,C=Z m W w o R-1 A-1 °w LL QI � ��NSTON PL I� N w E Rename Hess Road to La Porte Road 5 , ' Grimm Street to Shaulis Road 1,000 500 0 1,000 , , Feet Page 280 of 418 City of Waterloo Planning, Programming and Zoning Commission December 14, 2021 ' � �. '�✓� � 1 iM � "fir �' 436N" igsr `W �y f i i vp� yy Grimm Street rry x } uS Highway 20 r I t. Area of Hess Road to be renamed La Porte Road ij� y Gjs, _ I r r' r x ° - a Shaulis Road Intersection d N Rename Hess Road W .E to La Porte Road s Shaulis Road to Hess Road 550 ,50 City of Waterloo ®Feet • ' Page 281 of 418 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 November 17, 2021 Mayor QUENTIN HART Aric Schroeder City Planner COUNCIL City of Waterloo MEMBERS 715 Mulberry Street """""""""' Waterloo, IA 50703 MARGARET KLEIN RE: RENAMING A PORTION OF PUBLIC HESS ROAD FROM SOUTHEAST Ward I OF GRMIM STREET TO E. SHAULIS ROAD,AS LAPORTE ROAD JONATHAN GRIEDER Dear Aric: Ward 2 PATRICK The Engineering Department has received a request to rename the 3800-4900 blocks of MORRISSEY Hess Road to La Porte Road. There are several utilities that have structures located along Ward 3 this stretch that will need to have their addresses changed. These structures are not inhabited. The lone inhabited structure is the KOA Campground that will need to have JEROME their address changed. Attached is the email from Becky Bertch supporting the name AMOS,JR. Ward a change from Hess Road to La Porte Road. The Bertch's are owners of the KOA campground. RAY FEUSS This change has been proposed by businesses along La Porte Road to help direct customers Ward 5 between themselves and the Isle of Capri, Lost Island Waterpark, KOA campground and SHARON Lost World Theme Park. NON Ar-Large The current block numbers of 3800-4900 will stay the same,just the name will change DAVE from Hess Road to La Porte Road. BOESEN At-Large Therefore, the Engineering Department recommends that a portion of Hess Road, from southeast of Grimm Street to E. Shaulis Road be renamed as La Porte Road. Sincerely, �/ 4� Jamie Knutson,�PE � City Engineer Cc: Steve Walker, Draftsman Greg Ahlhelm, Building Official WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 282 of 418 From: Becky Bertch <becky.bertch@thelostisland.com> Sent: Friday, November 5, 20212:46 PM To: NOEL ANDERSON <NOEL.ANDERSON@WATERLOO-IA.ORG>; gary.bertch@gmail.com; Eric Bertch <eric.bertch@thelostisland.com> Subject: Renaming section of Hess back to LaPorte Road Noel, sorry for the delay in responding with our thoughts on this. Actually the staff at both the waterpark and campground are in favor of changing it to LaPorte Road as it does get confusing when we have guests or deliveries. However that being said, we would need to know as soon as possible as our corporate address with the government is Hess road, all website information and printed materials, our KOA franchise is tied into the Hess Road address. Vendors would need to be informed to change the address for deliveries and also invoicing. The waterpark would need to change handbooks for employees and delivery instructions for their entrance off of Hess if it changes to LaPorte. All of the above is doable we just need to know as soon as we can to move on it. Let us know when the decision gets made either way. Thanks Noel for asking for input. Happy Friday, Becky Page 283 of 418 CITY OF WATERLOO Council Communication Resolution approving a Right of Entry with Justin Schmitz for earth moving and survey activities on the west 150 feet of Lot 3, Waterloo Air and Rail Park First Addition, and authorizing the Mayor and City and Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type ❑ ROE signed Backup Material Resolution approving a Right of Entry with Justin Schmitz for earth moving SUBJECT: and survey activities on the west 150 feet of Lot 3, Waterloo Air and Rail Park First Addition, and authorizing the Mayor and City and Clerk to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approve resolution The City of Waterloo is working on a Development Agreement with Justin Schmitz for a new building in the Waterloo Air and Rail Park First Addition, Summary Statement: lot 3. The Right of Entry would allow him access to survey the site and potentially move earth, while the weather is still nice, for construction next spring. Neighborhood Impact: There are no neighborhoods in close proximity to the site. It is an industrial park. Data/Analysis and Strategies: The City of Waterloo works to create shovel-ready lots and industrial park settings for industrial and commercial business development. This area is zoned "M-2,P" Planned Industrial District, so the site plan Implementation,Accountability, layout and design will go through Planning Commission and City Council. and Communication: Proper notices will go out to surrounding property owners, and public hearings will be advertised in the paper. This area is zoned "M-2,P" Planned Industrial District, so the site plan Community Engagement layout and design will go through Planning Commission and City Council. Methods: Proper notices will go out to surrounding property owners, and public hearings will be advertised in the paper. Expenditure Required/Source of None Funds: Alternative: Not approve Page 284 of 418 Legal Descriptions: The Westerly 150 feet of Lot 3, Waterloo Air and Rail Park First Addition Page 285 of 418 EARLY ACCESS AGREEMENT This Early Access Agreement(the"Agreement")is entered into as of by and between the City of waterloo,Iowa("City")and Justin Schmitz(the"Developer"). 11'br2, ' S WHEREAS,City and Developer are finalizing the terms of a development agreement concerning a project to be undertaken by Developer on certain real property described as the li� 150 feet of Lot 3,Waterloo Air and Rail Park First Addition(the"Property"),located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area;and WHEREAS,the parties desire that Developer have access to the Property to begin certain activities before the Property is conveyed to Developer. NOW,TIEREFORE,in consideration of the future transactions contemplated by the parties as described above,and in consideration of the mutual promises exchanged herein,the parties agree as follows: 1. City hereby grants to Developer the right to enter upon the Property to begin development activities,including but not limited to survey work and earth moving. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Developer for the Property pursuant to a development agreement. Developer's right to conduct its activities upon the Property is expressly made subject to prior receipt of applicable zoning,building,and other regulatory approvals. Until City delivers a deed to Developer,Developer may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. Developer shall,at its own expense,procure and maintain comprehensive public liability insurance in the amount of not less than S 1,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Developer,its employees,contractors and agents,and shall protect the City,its officers,officials,employees,and agents,against any and all claims,damages,costs or expenses(including but not limited to reasonable attorneys' fees and expenses)arising from or in connection with injury or death to any person or persons,or loss of or damage to property,by reason of any casualty,accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies,naming the City as an additional insured,shall be delivered to City before Developer,its employees, contractors,or agents,enter upon the Property for any purpose. 3_ Developer agrees to be responsible for any liability which may arise out of the acts or omissions of Developer,its employees,agents and contractors,on or about the Property, and in said connection Developer agrees to indemnify and hold harmless City,its officials, officers,employees and agents,from and against any and all claims,demands,actions,causes of action,damages,costs,fines,penalties,and liabilities of any type or nature whatsoever,including but not limited to reasonable attorneys'fecs,arising out of said acts or omissions,whether sounding in law or equity,in tort or contract,by statute,or otherwise. The duties of Developer under this paragraph shall survive the expiration or termination of this Agreement. 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur,then at its sole expense Developer shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore,as nearly as possible,the condition of the Property to that which existed upon Developer's initial entry upon the Property hereunder,except as otherwise permitted by express written consent of City. 5. Notwithstanding this Agreement,the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. Page 286 of 418 6. The rights and duties of Developer under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts,each of which,including signed counterparts transmitted by facsimile or other electronic means,shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF,the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO,IOWA 13y: 4 Quentin M.Hart,Mayor "SLchmitz Attest: Kelley Felchle,City Clerk 2 Page 287 of 418 CITY OF WATERLOO Council Communication Resolution approving a Performance Agreement with the Iowa Department of Natural Resources, in conjunction with the FY 2020 Westdale Bioswale Project, Contract No. 997, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/3/2021 ATTACHMENTS: Description Type ❑ Cont 997_IDNR Agreement Backup Material Resolution approving a Performance Agreement with the Iowa Department SUBJECT: of Natural Resources, in conjunction with the FY 2020 Westdale Bioswale Project, Contract No. 997, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Summary Statement: This is an agreement with the IDNR to construct and maintain the Westdale Bioswale project. Page 288 of 418 WATER RESOURCE RESTORATION SPONSORED PROJECT PERFORMANCE AGREEMENT PERFORMANCE AGREEMENT(hereinafter the "Agreement"), entered into between the Iowa Department of Natural Resources, an agency of the State of Iowa, (hereinafter the "Department"), and Name: City of Waterloo Address: 715 Mulberry Street Address: City, State, zip: Waterloo, IA 50703 Phone: 319-291-4312 E-Mail Address: wayne.castle@waterloo-ia.org Contact Person: Wayne Castle (hereinafter the "Borrower"). WHEREAS,the Department and the Iowa Finance Authority are jointly designated to administer the Water Pollution Control Works, also known as the Clean Water State Revolving Fund (CWSRF) pursuant to Iowa Code sections 45513.291 to 45513.299, 16.131 to 16.133A and the federal Water Pollution Control Act(Clean Water Act); and WHEREAS, pursuant to Iowa Code section 45513.199 the Department has jurisdiction to administer the water resource restoration sponsored projects program; and WHEREAS,the water resource restoration sponsored projects program is implemented pursuant to 567 Iowa Administrative Code chapter 92; and WHEREAS,the Borrower proposes to construct Westdale Bioswale Water Resource Restoration Sponsored Project (hereinafter called the "Project"); and WHEREAS,the Project includes Improvements to an existing Swale: addition of a sediment forebay, grading, soil Amendments,the installation of subdrains, the planting of wetland vegetation, and associated work located in the Westdale subdivision ; and WHEREAS,the Borrower shall ensure that the Project is constructed in accordance with the applicable practice(s) design checklist and the plans and specifications as approved by the Department on 19 November 2021, and the construction contract documents entered into by the Borrower, and all attached as Attachment A to this Agreement; and WHEREAS,the Borrower agrees to maintain the Project in accordance with the maintenance plan as reviewed by the Department and accepted/signed by the Borrower on 18 November 2021, and attached as Attachment B to this Agreement; and WHEREAS,the Department shall notify the Iowa Finance Authority that the Borrower is eligible for additional funding of an amount not to exceed $500,000 for the Project through an amendment to the Borrower's associated Clean Water State Revolving Fund loan agreement (C1101RT) in the original/estimated amount of$5,138,000,for a total estimated loan amount of$5,638,000; and PERFORMANCE AGREEMENT Page 2896P418 WHEREAS,this Agreement shall be applicable to all loans associated with the Project and will be incorporated by reference into all loan agreements of loans associated with the Project; and WHEREAS, any changes to the contract documents and/or maintenance plans referenced above must be submitted to the Department for review and/or approval, NOW,THEREFORE, in consideration of the mutual promises exchanged above and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the Department and the Borrower hereto mutually agree as follows: I. Default The Borrower is in default of the Agreement upon the occurrence of one or more of the below conditions which include the following: 1. Construction of the Project is not completed within the timeframe identified in Attachment A or Department approved change orders that amend the timeframe identified in Attachment A; 2. The Project is not constructed in accordance with the approved plans and specifications of Attachment A, or does not meet applicable practice design standard(s)which were the basis for the approved plans and specifications; 3. The Project is not maintained in accordance with Attachment B; 4. The Project practice(s), which have not met their identified useful life (as identified in Attachment B), no longer function as originally intended due to lack of maintenance, removal, modification of, or damage to the Project that was not repaired; or 5. The Project is utilized for a purpose that would make it no longer eligible for SRF Sponsored Project funding under State or Federal regulations. II. Actions In the event that the Borrower is in default of the Agreement as defined above,the Department shall by written notice inform the Borrower that they are in default with the Agreement; and the Department may take one or more of the following actions: 1. Grant the Borrower an extension of time to correct deficiencies and/or to complete the Project through the issuance of a change order as an amendment to Attachment A or other applicable action; 2. Instruct the Borrower to complete work necessary to correct deficiencies of practices not constructed to the approved plans and specifications in Attachment A and/or any change orders approved by the Department that amend Attachment A, or that do not meet the applicable practice design standard(s)which were the basis for the approved plans and specifications; 3. Instruct Iowa Finance Authority to withhold further disbursements related to the Project until actions necessary to remedy deficiencies have been completed and approved by the Department; 4. Instruct the Borrower to perform the required maintenance identified in Attachment B; 5. Instruct the Borrower to repair any damage to the Project that impairs or prevents the Project practices from functioning properly; or 6. In the event the actions in items 1-5 would be ineffective given the circumstances of the default, or in the event the Department took any action detailed in items 1-5 or took any other action under item 7 and the Borrower failed to remedy the default, instruct the Iowa Finance Authority to increase the interest rate of any associated Clean Water State Revolving Fund loan agreement(s) such that the entire amount disbursed to the Borrower for the Project or an amount prorated according to the proportion of remaining years of useful life to the total years of useful life of the Project practice(s) in default is repaid to the Clean Water State Revolving Fund; or 7. Take any other action deemed necessary by the Department that will allow the Borrower to remedy the default and/or allow the Department or the Iowa Finance Authority to recoup previously dispersed funding for the Project, so long as the action does not increase the SRF funding provided for the Project and is allowed under law or rule.The Department may only take this action if the actions in items 1-5 would be ineffective PERFORMANCE AGREEMENT Page nU6ff418 given the circumstances of the default, or in the event the Department took any action detailed in items 1-5 and the Borrower failed to remedy the default. III. Other By signing this Agreement,the Borrower expressly agrees to any amendment of any loan agreement of a loan associated with the Project that the Iowa Finance Authority deems necessary to fulfill an instruction by the Department in items 3, 6, and/or 7 of the Actions section of this Agreement. However,this clause shall not be construed as in any way limiting the right of the Borrower to contest that it is in default of this Agreement. Nothing in this Agreement shall be construed as limiting the rights, powers, options, or remedies of the Iowa Finance Authority to collect a debt or take any other action related to a loan agreement for any loan. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed on their behalf by their duly authorized officers all as of the Dated Date. CITY OF WATERLOO BY: DATE: Name,Title IOWA DEPARTMENT OF NATURAL RESOURCES BY: DATE: Kayla Lyon, Director PERFORMANCE AGREEMENT Page n46f W18 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., for engineering, project design and construction management services, in conjunction with the FY-2022 Hangar No. 4 Improvement Projects at the Waterloo Regional Airport, in an amount not to exceed $37,500, and authorizing the Mayor to execute said documents. City Council Meeting: 12/20/2021 Prepared: 12/7/2021 ATTACHMENTS: Description Type ❑ AECOM PSA for ALO CSVI Project Backup Material ❑ Multiple Pictures of Hangar 4 Office Area Demo Backup Material Ready for Renovation Resolution approving a Professional Services Agreement with AECOM Technical Services. Inc., for engineering, project design and construction SUBJECT: management services, in conjunction with the FY-2022 Hangar No. 4 Improvement Projects at the Waterloo Regional Airport, in an amount not to exceed $37,500, and authorizing the Mayor to execute said documents. Submitted by: Submitted By:Keith Kaspari,Airport Director Recommended Action: Approve the agreement as requested by Airport Staff. This request by Staff as you can see at the top of Page 2, allows for the continued improvement of Hangar No:4's interior areas (Replacement of Roof Mounted HVAC Unit, General/Misc. Office Area Renovations / Complete Rehab of both Restrooms, Electrical Breaker Panels, Telecom Summary Statement: systems, Etc., and all for the ability to allow Staff to lease the hangar for additional department revenue. Note: This is just one additional of many phases of work that will be needed to bring this entire hangar facility up to a condition of that the City would be proud to lease to a future long-term tenant. Neighborhood Impact: Staff anticipates no negative impact to any neighborhood areas. Data/Analysis and Strategies: Current condition of the hangar requires additional phased work, as per the Scope of Work of the agreement. Implementation,Accountability, N/A and Communication: Community Engagement N/A Methods: The cost for professional services for this project is a Not to Exceed amount of$37,500, and is derived from the Iowa DOT's Aviation Bureau and their Page 292 of 418 Expenditure Required/Source of Commercial Service Vertical Infrastructure(CSVI)program, via IDOT Funds: Grant No: 3345, and Iowa DOT Project No:9-I-220-ALO-200. Of note, there is no outside cost to the City/Airport Department as the Iowa DOT Grant is funding this project at 100%. Alternative: No project alternatives have been considered for the use of these funds. Legal Descriptions: N/A Page 293 of 418 AECOM 319-232-6531 tel PECOM 501 Sycamore Street 319-232-0271fax Suite 222 Waterloo,Iowa 50703 www.aecom.com FY 2022 VERTICAL INFRASTRUCTURE PROJECT IDOT PROJECT NO. 91220AL0200 IDOT CONTRACT NO. 3345 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Project Description -See Attachment Scope of Services -See Attachment Compensation Compensation for services for this project shall be a cost plus fixed fee not-to-exceed Thirty-Seven Thousand Five Hundred Dollars ($37,500.00). See attached Exhibit B, Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client") dated February 4, 2020. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By _ ��JL Quentin M. Hart, Mayor Douglas W. Schindel, P.E. Associate Vice President Date Date December 6, 2021 Page 294 of 418 AL=Com SCOPE OF SERVICES FY 2022 VERTICAL INFRASTRUCTURE PROJECT MOT PROJECT NO. 91220ALO200 IDOT CONTRACT NO. 3345 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA I. Project Description The project is described as the projects associated with the Iowa Department of Transportation FY 2022 Vertical Infrastructure Project. The project identified in the grant is described as follows: Project will provide for continuation of remodel of the Hangar No. 4 main office area. Elements include replacement of HVAC rooftop unit, removal and replacement of the HVAC ductwork, replacement of the suspended ceiling, replacement of fluorescent lights with LED type units, replacement of the electrical wiring and breaker panels for this office area, replacement of the telecom system with new wiring and wall jacks, replacement of the carpet and remodel of the office restroom areas. II. Scope of Services The work to be performed by ATS includes the following tasks: 1. Data Collection and Review. This task consists of the collection of existing data applicable to this project and related to the proposed work site. The record drawings of completed projects and interior lighting information will be compiled as background information for the project. 2. Final Design. This task consists of the preparation of the final bid documents for this project, including specifications, drawings (as required) and cost estimates. The final plans and/or specifications will set forth the requirements of the design phase. 3. Final Project Specifications. This task consists of the preparation of specifications for the project. The specifications will be in compliance with current City of Waterloo and Iowa Department of Transportation requirements in effect at the time the specifications are prepared. 4. Estimate of Probable Construction Cost. This task consists of the preparation of an estimate of construction cost based upon the plans and specifications. This statement of probable construction cost prepared by the Consultant represents the Consultant's best judgment as a design professional at the time the estimate is drawn. It is recognized, however, that neither the Consultant nor the Client has any control over the cost of labor, materials or equipment; over the contractor's method of determining bid prices; or over competitive bidding or market conditions. Accordingly, the Consultant cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimates prepared by the Consultant. 5. Quality Review. This task consists of the quality review of work elements on the project. During the course of this project, quality reviews will be conducted by senior technical personnel not directly involved in the project. Page 295 of 418 AL=COM 6. Bid Assistance. This task consists of assisting the Client in advertising for and receiving bids or quotes, analyzing the bids or quotes received and preparing a recommendation to the Client for award of contract. Project will be bid as one bid package. 7. Bid Document Interpretation. This task consists of answering bid document interpretation questions from bidders, preparing and issuing any required addenda. 8. Resident Review. This task consists of limited on-site construction review at key critical construction operations to observe construction operations to determine compliance with contract documents. Site reviews will be documented in a construction journal. Coordination with airport tenants related to this project will be the responsibility of the Client. 9. Project Administration. This task consists of office administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. L:\Secure—DCS\Administration\AGREE\PROFWLO 2022 IDOT CSVI.doc Page 296 of 418 Exhibit B FY 2022 Vertical Infrastructure Project Waterloo Regional Airport Waterloo, Iowa IDOT PROJECT NO. 91220ALO200 Engineering Services Consultant Cost Summary I. Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 20 $96.75 $1,935.00 Project Professional 88 $72.40 $6,371.20 Staff Professional 64 $52.70 $3,372.80 Professional 0 $31.90 $0.00 CADD Operator II 0 $37.45 $0.00 CADD Operator 1 40 $24.00 $960.00 Senior Technician 0 $43.60 $0.00 Technician 0 $30.35 $0.00 Project Support 24 $36.55 $877.20 $13,516.20 236 11. Payroll Burden and Overhead Costs 130.70% $17,665.67 111. Direct Project Expenses Category Units Rate/Unit Amount Mileage 1200 0.560 672.00 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 1,000 0.06 60.00 Color Copies 100 0.22 22.00 Plan Copier 50 0.50 25.00 EDM Equipment 0 12.50 0.00 GPS Equipment 0 25.00 0.00 Miscellaneous, Other 800.00 $1,579.00 IV. AECOM Estimated Actual Costs $32,760.87 Rounded $32,800.00 V. Subcontract Expense $0.00 VI. Estimated Actual Costs $32,800.00 Vi 1. Fixed Fee (15% of Items I & 11) Rounded $4,700.00 Vill. Maximum Amount Payable $37,500.00 Page 297 of 418 Exhibit B Waterloo Regional Airport Waterloo,Iowa MOT PROJECT NO.91220AL0200 Engineering Services Staff Hour Estimate Item Description Senior Project Staff CADD CADD Senior Project No. Prof Prof Prof Prof O erator II O erator I Technician Technician Support Totals 1 Data Collection and Review 2 8 10 2 Final Design 40 40 40 120 3 Final Project S ecifications 2 16 16 34 4 Estimate of Probable Construction Costs 8 8 5 Quality Review 8 8 6 Bid Assistanc 1 8 J236 7 Bid Document Interpretation 8 8 Resident Review 24 9 Project Administration 8 8 Total Design Services 20 88 64 0 0 40 0 0 24 Page 298 of 418 R w"- a i ' ;. 1 i T .. {iii QI` 1 I ik. �s �T / s i 1 • ~ � L I 1 l 4 • 1.��.+Ya r�'y i I age 301 of 4 I r 1 -Opp, lommmommom 5; I I 1 G_ •s � t t1� I1 r Y� T/ I .i -.•- 303 of 418 � 1 A � � _.�.� ■:� •+111 91f I� CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., for design of miscellaneous and priority projects at the Waterloo Regional Airport, using FAA Grant No. 48, CARES Act Funds, in an amount not to exceed $199,500, and authorizing the Mayor to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/7/2021 ATTACHMENTS: Description Type U Professional Service Agreement with AECOM for Backup Material CARES Act Funded Work U Multiple Pictures of Areas Selected for Improvements Backup Material Resolution approving a Professional Services Agreement with AECOM Technical Services. Inc., for design of miscellaneous and priority_pro jects at SUBJECT: the Waterloo Regional Airport, using FAA Grant No. 48, CARES Act Funds, in an amount not to exceed $199,500, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Keith Kaspari,Airport Director Recommended Action: Approve the request by Airport Staff. This request by Airport Staff, includes the completion for the design or assessment or installation for a number of priority and miscellaneous projects, as per Page 2 of the agreement, as follows: 1. Airline Passenger Terminal Building- HVAC System Study and Design (in preparation for future replacement of various HVAC components); 2. Hangar Nos: 1 and 2 -Misc. Roof Repairs; Summary Statement: 3. Hangar No:3 - Replacement of Shop Lighting; 4. Hangar No:4-Additional Mold Remediation; 5. Installation of Exhaust Ventilation System and Code Modifications of ARFF (Airport Fire) Station; 6. Installation of Airline Passenger Terminal Building- CCTV System(No Terminal Video Security System Exists Today); and, 7. Site Preparation and Paving of Hangar No:4 and Fire Station Parking Areas and Roadway Access Neighborhood Impact: Staff does not see or anticipate any negative impact to any Waterloo or Airport neighborhood. Data/Analysis and Strategies: See attached agreement and Scope of Work Implementation,Accountability, Upon approval of this agreement, Staff anticipates design services to begin and Communication: immediately following. Community Engagement N/A Page 305 of 418 Methods: The funding for this project totaling$199,500)will be derived via FAA Grant No:48 (CARES Act) funds (No: 1 of 3 CARES Act grants issued to the Expenditure Required/Source of City of Waterloo during either CY-2020 or 2021), which allows for the Funds: purchases of equipment, completion of physical improvements of priority requested projects as requested to the FAA's Regional Office in Kansas City, and projects as deemed eligible for the use of CARES funding. Alternative: No project alternatives were chosen for this request by Staff. Legal Descriptions: N/A Page 306 of 418 AECOM 319-232-6531 tel PECOM 501 Sycamore Street 319-232-0271fax Suite 222 Waterloo,Iowa 50703 www.aecom.com FY 2021 CARES ACT PROJECTS FAA AIP 3-19-0094-048-2020 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA I. Project Description -See Attached Exhibit A, Scope of Services II. Scope of Services -See Attached Exhibit A, Scope of Services III. Compensation A. Compensation for services for this project shall be a cost-plus fixed fee not-to- exceed One Hundred Ninety-Nine Thousand Five Hundred Dollars ($199,500.00). See attached Exhibit B, Consultant Cost Summary. IV. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client')dated February 4, 2020. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By Quentin M. Hart, Mayor Douglas W. Schindel, P.E. Associate Vice President Date Date December 6, 2021 Page 307 of 418 AL=Com EXHIBIT A SCOPE OF SERVICES FOR FY 2021 CARES ACT PROJECTS FAA AIP 3-19-0094-048-2020 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA I. Project Description The project is described as the projects associated with the CARES ACT Capital Improvement Projects. Projects contained in this agreement are shown as follows: • Terminal Building HVAC System Study and Design • Hangar#1 and Hangar#2 Roof Repairs • Hangar#3 Maintenance Shop LED Lighting • Hangar#4— Mold Remediation • Installation of Exhaust Ventilation System and Code Modifications for ARFF Station • CCTV Security System • Paving of Hangar No. 4 and ARFF Parking Areas and Roadway Access. II. Scope of Services The work to be performed by ATS includes the following tasks: 1. Pre-Design Conference. This task consists of a pre-design conference called by the Client and held between the Client, ATS and the FAA. The pre-design conference will be conducted by conference call. The purpose of this conference is to discuss various items relating to design parameters, airport safety, routing of aircraft and equipment, sequencing of construction operations, environmental considerations, and civil rights requirements. ATS will prepare and distribute an agenda and the minutes of this meeting. The minutes will document the requirements set forth in this pre-design conference. The project manager will be in attendance. 2. Data Collection and Review. This task consists of the collection of existing data applicable to this project and related to the proposed work site. The record drawings of completed projects including the terminal building remodel and the ongoing hangar project adjacent to Hangar No. 4, will be obtained. 3. Terminal Building HVAC System Review and Study Report. This task consists of a field review of the existing airport terminal building HVAC system, including the software used to control the system. Engineers will meet with airport staff to discuss concerns and problems with the existing HVAC control system and field review the system within the terminal building. A site review report will be completed and form the basis for the terminal building HVAC final design. The following elements are included in this task: a. Conduct a site visit, including up to six hours on-site investigation, to evaluate/diagnose existing ALO terminal HVAC systems, including controls and electrical support systems, assess ARFF Building existing conditions, and collaborate with internal/external service providers. Page 308 of 418 AL=Com b. Conduct a project kickoff meeting via teleconference to meet with Waterloo Regional Airport management and maintenance staff to determine current ALO terminal HVAC system controllability issues, establish project goals and define action plan. C. Kickoff meeting to be conducted in advance of the site visit to maximize site visit efficiency and field time (minimize site visit meeting time). d. Review the Waterloo terminal renovation project HVAC record drawings (in AECOM possession). e. Review the Waterloo terminal renovation project HVAC, control and operation manual submittals. f. Review the Waterloo terminal renovation project specification manual. g. Prepare a Preliminary Design Report, including recommendations and associated cost opinion(s) for modification to existing ALO Terminal HVAC systems and controls for improved performance and potential operating cost reduction. 4. Field Survey and Mapping. This task consists of a field survey to collect the following topographic information to assist in the preparation of the plans for the project in the area of the Hangar No. 4 Parking Lot and the Airport Fuel Farm: • Existing Survey Control Network • Existing Pavement Edges, Pavement Type, and Pavement Joint Intersections for PCC Pavement • Drainage Structures and Drainageways • Pavement Markings • Other Horizontal and Vertical Data Within the Survey Limits 5. Final Design. This task consists of the preparation of the final bid documents for each identified project, including specifications, drawings (as required) and cost estimates for the Hangar#1 and Hangar#2 Roof Repairs, Hangar#3 Maintenance Shop LED Lighting, Hangar#4 Mold Remediation, CCTV Security System, Hangar No. 4 Parking Lot, and the Terminal Building HVAC modifications. The final plans and/or specifications will set forth the requirements of the design phase. 6. Final Project Specifications. This task consists of the preparation of specifications for the project. The specifications will be in compliance with current City of Waterloo, Federal Aviation Administration and Iowa Department of Transportation requirements in effect at the time the specifications are prepared. We anticipate that bid packages will be prepared for seven projects: Hangar #1 and Hangar#2 Roof Repairs, Hangar#3 Maintenance Shop LED Lighting, Hangar #4 Mold Remediation, ARFF Station Exhaust and Code Modifications, Hangar No. 4 Parking Lot Improvements, CCTV Security System, and the Terminal Building HVAC modifications. 7. Airspace Submittal. This task consists of preparation and submittal of FAA 7460- 1 forms electronically through the FAA's OEAAA website for temporary construction items, including contractor's staging area, access routes, work area limits and construction equipment. Air space forms will be submitted during design phase of project once element locations are defined for FAA determinations to be received Page 309 of 418 AL=Com prior to anticipated construction start. Prior to making the 7460-1 submittal, plans showing the study point shall be provided for FAA review. 8. Estimate of Probable Construction Cost. This task consists of the preparation of an estimate of construction cost based upon the plans and specifications. This statement of probable construction cost prepared by the Consultant represents the Consultant's best judgment as a design professional at the time the estimate is drawn. It is recognized, however, that neither the Consultant nor the Client has any control over the cost of labor, materials or equipment; over the contractor's method of determining bid prices; or over competitive bidding or market conditions. Accordingly, the Consultant cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimates prepared by the Consultant. 9. Quality Review. This task consists of the quality review of work elements on the project. During the course of this project, quality reviews will be conducted by senior technical personnel not directly involved in the project. 10. Bid Assistance. This task consists of assisting the Client in advertising for bids, conducting the bid opening on-site, providing answers and interpretation of the bid documents to questions from bidders, analyzing the bids received, and preparing a recommendation of award to the Client. Project will be bid as five (5) separate bid packages. The following documents will be provided as part of this task: • Pre-Bid Conference Agenda and Minutes • Addenda • Tabulation of Bids • Letter of Analysis of Bids and Recommendation of Award 11. Bid Document Interpretation. This task consists of answering bid document interpretation questions from bidders, preparing and issuing any required addenda. 12. Resident Review. This task consists of limited on-site construction review at key critical construction operations to observe construction operations to determine compliance with contract documents. Site reviews will be documented in a construction journal. Coordination with airport tenants related to this project will be the responsibility of the Client. It is anticipated that this task is limited to 120 hours of on-site review for the seven projects. 13. Labor and Payroll Reports. This task consists of reviewing weekly labor and payroll reports for compliance with Davis-Bacon Act, conducting on-site employee interviews, conducting E.E.O. site inspections and completion of GSA Form 1445. Original documents will be submitted to the Client at completion of project for storage. 14. Project Closeout. This task consists of assisting the Client with project completion and final closeout documentation from the Contractor for the FAA by providing the required documentation as identified in the CARES Act FAQ and Sample Closeout Report provided by FAA Central Region on December 10, 2020. • Summary of DBE Utilization • Final Construction Report • As-Built Record Drawings Page 310 of 418 AL=Com 15. Record Drawings. This task consists of providing the Client with a copy of record drawings of the construction plans for the project based on the construction observation records of the review staff and contractor showing those changes made during construction considered significant. Two copies of the record drawings in electronic and reproducible format will be provided to the Client. One electronic copy would be for the FAA. Electronic drawings shall be in MicroStation V8 format. 16. Project Administration. This task consists of office administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. L:\Secure_DCS\Administration\AGREE\PROF\ALO 2021 CARES Projects(REV 1).doc Page 311 of 418 Exhibit B FY 2021 CARES ACT PROJECTS Waterloo Regional Airport Waterloo, Iowa FAA CARES No. 3-19-0094-0048-2020 Engineering Services Consultant Cost Summary I. Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 152 $96.75 $14,706.00 Project Professional 420 $72.40 $30,408.00 Staff Professional 218 $52.70 $11,488.60 Professional 80 $31.90 $2,552.00 CADD Operator II 0 $37.45 $0.00 CADD Operator 1 208 $24.00 $4,992.00 Senior Technician 136 $43.60 $5,929.60 Technician 16 $30.35 $485.60 Project Support 90 $36.55 $3,289.50 $73,851.30 1320 11. Payroll Burden and Overhead Costs 130.70% $96,523.65 111. Direct Project Expenses Category Units Rate/Unit Amount Mileage 2400 0.560 1,344.00 Per Diem 1 50.00 50.00 Lodging 1 90.00 90.00 B/W Copies 1,000 0.06 60.00 Color Copies 100 0.22 22.00 Plan Copier 50 0.50 25.00 EDM Equipment 4 12.50 50.00 GPS Equipment 8 25.00 200.00 Miscellaneous, Other 1,700.00 $3,541.00 IV. AECOM Estimated Actual Costs $173,915.95 Rounded $173,900.00 V. Subcontract Expense $0.00 VI. Estimated Actual Costs $173,900.00 Vi 1. Fixed Fee (15% of Items I & 11) Rounded $25,600.00 Vill. Maximum Amount Payable $199,500.00 Page 312 of 418 Exhibit B Waterloo Regional Airport Waterloo,Iowa FAA CARES No.3-19-0094-0048-2020 Engineering Services Staff Hour Estimate Item Description Senior Project Staff CADD CADD Senior Project No. Prof Prof Prof Prof O erator II O erator I Technician Technician Support Totals 1 Pre-Design Conference 2 2 4 2 Data Collection and Review 8 8 8 4 28 3 Terminal Building HVAC System Study 8 88 16 8 16 136 4 Field Survey and Mapping 8 16 16 40 5 Final Design 24 160 80 60 120 444 6 Final Prolect Specifications 16 80 40 40 176 7 Airspace Submittal 4 8 12 8 Estimate of Probable Construction Costs 4 8 4 2 18 9 Quality Review 12 12 10 Bid Assistance 8 16 24 11 Bid Document Interpretation 4 16 20 12 Resident Review 40 40 20 20 120 240 13 Labor and Payroll Reports 16 16 14 Project Closeout 8 24 32 15 Record Drawl n s 2 8 80 90 16 Project Administration 16 12 28 Total Design Services 152 420 218 80 0 208 136 16 90 1320 Page 313 of 418 y.. Aft O... Ak .. f z 1116 r aoHz�a 4.. I 1 I` 4 Ir I� J 9 Page 315 of 418 r q al t� WWI �I II 1 wrl I w 3 r = r F-Lf 17-MOM MAIL91 W B Ii CITY OF WATERLOO Council Communication Resolution approving a Temporary Construction Easement Agreement with American Pattern, Storage, LLC, in the amount of$100, in conjunction with reconstruction of the 11th Street Bridge located at 116 East 11th Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/7/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material ❑ Easement Plat Backup Material Resolution approving a Temporary Construction Easement Agreement with SUBJECT: American Pattern, Storage. LLC, in the amount of$100, in conjunction with reconstruction of the 11th Street Bridge located at 116 East 11th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request to enter into a temporary construction easement Agreement with American Pattern, LLC, in the amount of$100.00, in conjunction with reconstruction of the 11th Street Bridge located at 116 East 11th Street. Attached is a map showing the area of the temporary Summary Statement: construction easement and its dimensions. Replacement of the nearly 70 year old will continue the ongoing efforts to continue to enhance Downtown Waterloo adding to all the other successes that have occurred over the years. The temporary easement is needed for use by construction crews while the new bridge is under construction and not during demolition of the old bridge. Replacement of the 11th Street Bridge will have a great impact on Downtown Neighborhood Impact: Waterloo. The current bridge is in need of many repairs and the new bridge will provide another enhancement to downtown. Data/Analysis and Strategies: Expenditure Required/Source of$100/Federal Bridge Grant, RISE, GO Bonds and Local Option Funds: Page 318 of 418 d 6 Y 1. Prepared by T fin Andera, Cit+Waterloo,Waterloo, IA 50703. Phone(3 19)291-4366 i TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of 2021 by and between American Pattern, Storage,LLC ("Grantor"),and the City of Waterloo,Iowa("Grantee"). 1. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of$100.00,the receipt and sufficiency of which is hereby acknowledged Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for purposes relating to construction of the Improvements (the "Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. The Temporary Easement shall expire upon conclusion of all construction, cleanup, and demobilization activities upon the Premises and adjacent land, or January 1, 2021, whichever occurs first. i' 2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to reconstruct the 11'x' Street Bridge and utility improvements (the "Improvements"). It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Temporary Easement Premises to Grantee, "as is, where is", without any representation or warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary Easement Premises in any way for Grantee's use. Following transfer of possession of the Temporary Easement Premises, Grantor shall have no further duty or obligation with respect to same, except as set forth herein. Grantor may mow or care for grasses and vegetation growing in the Temporary Easement Premises during the period of this Agreement, but may not conduct other activities upon the Temporary Easement Premises without the prior written consent of Grantee. Grantor agrees that any activities that Grantor, its officers, employees, contractors or agents undertake on the Temporary Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby is I Page 319 of 418 agrees to indemnify Grantee, its officials, officers, employees, contractors and agents, with respect to any and all claims for injuries, death, property damage, property loss or otherwise, arising from the acts or omissions of Grantor, its officers, employees, contractors or agents, on or about the Temporary Easement Premises during the terra of this Agreement. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. AMERICA PATTERN S ORAGE,LLC CITY OF WATERLOO, IOWA ABy: 6 By: Title: rw Quentin M. Hart,Mayor �''i [�} ( '� Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowl dged before me on �'✓? , 20215 byjple A/�G as F7Wn4EK� Z�SI tEm— of American Pattern Stora e C TIM ANDEM COMMISSION NO.772518 Ar * MY COMMISSION EXPIRES awr APRIL.11,2024 Notar ublic STATE OF IOWA } } ss. BLACK HAWK COUNTY } Acknowledged before me on , 2021, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk,respectively,of the City of Waterloo, Iowa. Notary Public Page 320 of 418 INDEX LEGEND SURVEY LOCATED: PART OF LOTS 3,7 AND 8 OF SURVEYOR&RETURN TO: AUDITOR'S CONSOLIDATED PLAT, SETH A.WHITACRE,P.L.S. WATERLOO,IA MARTIN&WHITACRE SURVEYORS&ENGINEERS,INC. PROPERTY OWNER: 1508 BIDWELL ROAD AMERICAN PATTERN STORAGE,L.L.C. MUSCATINE,IOWA 52751 PHONE:563-263.7691 SITE ADDRESS: Exhibit •*A/� �* 116 E.11TH STREET SERVICE PROVIDED FOR; WATERLOO,IOWA 50702 CITY OF WATERLOO OF SURVEY: 316 EAST 5TH STREET DATE DATE1 WATERLOO,IOWA 50703 SURVEY REQUESTED BY: BASIS OF BEARING: CITY OF WATERLOO IOWA STATE PLANE COORDINATE SYSTEM•NORTH ZONE(NAD83) ACQUISITION PLAT _ EGEND OF TEMPORARY EASEMENT BEING,CONVEYED 16- 0 POUND,AS NOTED TO THE CITY OF WATERLOO,IOWA C ® TEMPORARY EASEMENT 11TH STREET BRIDGE REPLACEMENT PROPERTY/RON LINE 20 O 20 ———— OR16INAL LOT LINE II V FOUND X2" 0.05 TOTAL RF13AR PROPERTY SURVEY 7 ACRES PLAT BOOK 265 PAGE 653 Ro � 'v s L O T 3 L O T 5 66 T � � p q T 1= D P.O,B. o N 5 O - ~ P T L A O T Al 0 FOUND)4" ` RESAR v GURVE12ATA v DELTA= 1'5812" X16 RADIUS= 1131.77' ARG = 98.411' CHORD= N 66'12'11"YN 38.91' � I SURVEY COMPANY I RETURN TO: Martin & Whitacre Surveyors & Engineers, Inc. 1508 BIDWELL ROAD,MUSCATINE,IOWA 52761 1 hereby certify that this lend surveying document was INFO@MARTIN-WHITACRE.COM (563)263-7691 prepared and the related survey work was performed SURVEYOR: SETH A.NHITAGRE by me or under my direct personal eupervidim and PROPRIETOR(S): AMERICAN PATTERN STORAGE,L L.G that I am a duly Ueeneed Professional land Surveyor ,sL under the laws of the State of Iowa. Oma`:.....,,, REQUESTOR: GIT'( OF WATERLOO A GAG �' 9vrtH L LOCATION: LOTS 3,7 d 8 OF AUDITORS CONSOLIDATED PLAT IN h{ATERLOO,BLAGKKAYgK COUNTY,IOYVA Date 4!04!21 Reg.No. 13978 p•'s, BM ;'R SURVEY TYPE: TEMPORARY EASEMENT Hy dceoae renewal date Is December 31, 2022 '1 �` FILE BOOK SCALE DRN CHK'D DATE JOB NO, B3eo 8380 V=20' SAN 6M 410V21 854020 Pages or sheets covered by this seal: 2 REV. 0 M4RVM PAnaW-Dt0 SHEET 1 OF 2 321 of 418 E R Exhibit "A" Cont ACQUISITION PLAT OF TEMPORARY EASEMENT BEING CONVEYED TO THE CITY OF WATERLOO, IOWA 11TH STREET BRIDGE REPLACEMENT DESCRIPTION -- TEMPORARY EASEMENT THE EASEMENT GRANTED FOR CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: A PART OF LOT NUMBERS 3, 7 AND B OF AUDITOR'S CONSOLIDATED PLAT TO THE CITY OF WATERLOO, IN BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: L BEGINNING AT THE WESTERNMOST CORNER OF THE NORTH 27.50 FEET OF SAID LOT 7; THENCE NORTH 40`51'29 EAST 76.61 FEET; THENCE SOUTH 49'12'45" EAST 19,47 FEET; THENCE SOUTH 25.41'31" WEST 67.78 FEET TO THE BEGINNING OF A 1131.77 FOOT RADIUS CURVE CONCAVE NORTHERLY WHOSE 36.91 FOOT CHORD BEARS NORTH 66'12'11" NEST; THENCE WESTERLY 38.91 FEET ALONG SAID CURVE TO THE POINT OF BEGINNING; CONTAINING 0.05 ACRES, MORE OR LESS. i i; SURVEY COMPANY I RETURN TO: Martin & Whitacre Surveyors & Engineers, Inc. 1508 BIDWELL ROAD,MUSCATINE,IOWA 52761 INFO(v MARTIN-WHITACRE:.COM (563)263-7687 SURVEYOR: 5ETH A.WHITACRE 5 PROPRIETOR(S): AMERICAN PATTERN 5TORAGE,L.L.G REQUESTOR: GIN OF YV,4TERL00 LOCATION: LOTS 3,-1 � 6 QE AUpITOR5 GON50LIPATED PLAT IN WATERLOO,BLACKHAWK COlkWT1', IOWA SURVEY TYPE: TEMPORARY EASEMENT FELE BOOK SCALE ORt�f CHK'p PATE JOB N0. 8380 8300 I'=20' SAN 6m 4/0cV21 85g0.21 REV. p AHnzZ EpATT8*U*6 SHEET 2RIMPO 322 of 418 INDEX LEGEND SURVEY LOCATED: PART OF LOTS 3,7 AND 8 OF SURVEYOR & RETURN TO: AUDITOR'S CONSOLIDATED PLAT, SETH A. WHITACRE, P.L.S. WATERLOO, IA MARTIN & WHITACRE SURVEYORS & ENGINEERS, INC. PROPERTY OWNER: 1508 BIDWELL ROAD AMERICAN PATTERN STORAGE, L.L.C. MUSCATINE, IOWA 52761 PHONE: 563-263-7691 SITE ADDRESS: 116 E. 11TH STREET SERVICE PROVIDED FOR: WATERLOO, IOWA 50702 CITY OF WATERLOO 316 EAST 5TH STREET DATE OF SURVEY: WATERLOO, IOWA 50703 4/09/21 SURVEY REQUESTED BY: BASIS OF BEARING: CITY OF WATERLOO IOWA STATE PLANE COORDINATE SYSTEM- NORTH ZONE(NAD83) ACQUISITION PLAT �_ LEGEND OF TEMPORARY EASEMENT BEING CONVEYED L • FOUND, AS NOTED TO THE CITY OF WATERLOO, IOWA 0 ® TEMPORARY EASEMENT 11TH STREET BRIDGE REPLACEMENT PROPERTY/RON LINE 20 O 20 - — — — ORIGINAL LOT LINE 69 '<� FOUND Y2" 0.05 TOTAL REBAR PROPERTY SURI/EY 8O ACRES PLAT BOOK 268 PAGE 653 O� S R90 L O T 3 L O T 3 �66 R 5 _U D I T O 5 —o Z D A T E G P.O.B. o ` G O N P I- A T L O T 8 N FOUND Y2" REBAR GURVE DATA 00 DELTA = 1°5812" RADIUS = 11311T ARG = 38.G1' CHORD = N 66°12'11" N 38.61' r 11< 4 1wv,Y.i%✓''ar.:Ec�"w.OANQi 9( - -.CK. ��.: SURVEY COMPANY/ RETURN TO: Martin & Whitacre Surveyors & Engineers, Inc. 1508 BIDWELL ROAD, MUSCATINE, IOWA 52761 I hereby certify that this land surveying document was INFO@MARTIN-WHITACRE.COM (563)263-7691 prepared and the related survey work was performed SURVEYOR: SETH A. NHITAGRE by me or under my direct personal supervision and PROPRIETOR(S): AMERICAN PATTERN STORAGE, L.L.G that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. 1��AI:, s REQUESTOR: CITY OF VgATERLOO 9 ��' — ��•• � LOCATION: LOTS 3, -1 4 8 OF AUDITOR'S CONSOLIDATED Seth A. Whitacre SETH A. ; C>: WHITACRE :.c PLAT IN WATERLOO, BLACKHAWK COUNTY, IOWA Date 4/0a/21 Reg. No. 18379 per,':• 18379 SURVEY TYPE: TEMPORARY EASEMENT My license renewal date is December 31, 2022 •••'•• .... FILE I BOOK SCALLk DRN CHK'D DATE JOB NO. IOWA 8380 8380 1"=20SAW CGWW 4/Oq/21 85x0.20 Pages or sheets covered by this seal: 2 REV. 0 =RICAN PATTERN.DWG SHEET I OF 2 Page 323 of 418 ACQUISITION PLAT OF TEMPORARY EASEMENT BEING CONVEYED TO THE CITY OF WATERLOO, IOWA 11TH STREET BRIDGE REPLACEMENT DESCRIPTION - TEMPORARY EASEMENT THE EASEMENT GRANTED FOR CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: A PART OF LOT NUMBERS 3, 7 AND 8 OF AUDITOR'S CONSOLIDATED PLAT TO THE CITY OF WATERLOO, IN BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERNMOST CORNER OF THE NORTH 27.50 FEET OF SAID LOT 7; THENCE NORTH 40051'29" EAST 76.81 FEET; THENCE SOUTH 49012'45" EAST 19.47 FEET; THENCE SOUTH 25041'31" WEST 67.78 FEET TO THE BEGINNING OF A 1131.77 FOOT RADIUS CURVE CONCAVE NORTHERLY WHOSE 38.91 FOOT CHORD BEARS NORTH 66012'11" WEST; THENCE WESTERLY 38.91 FEET ALONG SAID CURVE TO THE POINT OF BEGINNING; CONTAINING 0.05 ACRES, MORE OR LESS. SURVEY COMPANY/ RETURN TO: Martin & Whitacre Surveyors & Engineers, Inc. 1508 BIDWELL ROAD, MUSCATINE, IOWA 52761 INFO@MARTIN-WHITACRE.COM (563)263-7691 SURVEYOR: SETH A. WHITAGRE PROPRIETOR(S): AMERICAN PATTERN STORAGE, L.L.G REQUESTOR: GIT1' OF NATERLOO LOCATION: LOTS 3, 7 4 8 OF AUDITOR'S CONSOLIDATED PLAT IN WATERLOO, BLAGKHAWK COUNTY, IOWA SURVEY TYPE: TEMPORARY EASEMENT FILE I BOOK I SCALE DRN CHK'D DATE JOB NO. 8380 8380 1"=20' SAW CGWW 4/0ci/21 85C10.21 REV. 0 AMERICAN PATTERN.DWG SHEET 2 OF 2 Page 324 of 418 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Pro West and Associates, of Walker, Minnesota, in the amount of$11,295.75, in conjunction with programming in ArcGis for the digital sidewalk solution for the Engineering Department, and authorizing the Mayor to execute said document. City Council Meeting: 12/20/2021 Prepared: 8/5/2020 ATTACHMENTS: Description Type ❑ Signed Contract Backup Material Resolution approving a Professional Services Agreement with Pro West and Associates, of Walker, Minnesota, in the amount of$11,295.75, m SUBJECT: conjunction with programming in ArcGis for the digital sidewalk solution for the Engineering Department, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Summary Statement: Updates to the current digital solution for inspecting, tracking, and project management of the annual sidewalk program. Implementation,Accountability, GO Bonds and Communication: Expenditure Required/Source of$22,286.27 Funds: Page 325 of 418 PROJECT ESTIMATE PROWEST E. A S S O C IAT E S GISCONSULTING I DATASERVICES I APPLJCATIONS City of Waterloo, IA Sidewalk Inspector Updates- Itemized Date: 11/18/2021 Client: Ben Wagner GIS Coordinator 715 Mulberry St Waterloo, IA 50703 PROJECT Pro-West will make discussed updates to the functionality of the Sidewalk Inspector Solution. These updates have been itemized and can made individually as needed. Pro-West&Associates Project Manager: Name: Paul Rairamo Phone: 952-250-1022 Email: prairamo@prowestgis.com Client Project Manager (PM): Name: Ben Wagner Phone: 319-291-4598 Email: ben.wagner@waterloo-ia.org Project Schedule: TBD RESPONSIBILITIES.CLIENT 1. Provide access to parcel data (attributes to include the tax address and PIN). 2. Provide access to the Zone layer 3. Provide access to enterprise geodatabase and SQL server for inspection form development and report generation 4. Provide the cost calculation values to generate cost spreadsheet 5. Provide Schedule calculations to generate schedule final pdf 6. Provide access to the City data currently used in the Cost Est.— Parcel Query spreadsheet 7. Provide property valuation numbers to be used in generating the schedule 8. Provide feedback when asked in a timely matter 9. Provide Pro-West with the City's ArcGIS Online/Portal login information with Admin rights, or provide Pro-West with an account 10. Provide AGO and/or Portal named user licenses for staff as needed,to support the proposed project 11. Provide GPS capabilities to support the project It's important to know 8239 State 371 NW I PO Box 812 1 Walker, MN 56484 PH 320.207.6868 1 FX 320.207.6869 1 www.prowestgis.com I consult@prowestgis.com Page 326 of 418 PROWEST 6. A S,5 O C IAT E S 12. Provide mobile devices to support the project, and configure VPN access, if needed 13. Provide wireless service on mobile devices to support the project 14. Provide PWA feedback if there going to be a fee associated with the "Other'. If there is it would need to be added as an input field when the other option is selected. *If assistance is needed with client responsibilities, additional costs may apply Sidewalk Inspector Updates 1. Remove "Problem" points and combine/consolidate into the "Panel" points. a. Merge Problem points and Panel points i. Result in one feature class ii. Update Type attribute domain values b. Identify and resolve any data merge issues i. Updates to schema ii. Share any merge issues with city to get resolution c. Update sql views that are using the problem points 2. Update the property owner information in for the open inspections and identify options for automating property owner information. a. PWA will setup a call to discuss options for approaching both issues as there are various options 3. [DEPANDANT ON COMPLETION OF#1 ABOVE]Add "Paid by City"field to the Panel points and have formula ignore these points for the price calculation. a. The City came across properties where the City will cover the cost of a panel or two due to a city manhole causing the issue, but the remaining panels will still be the property owner's responsibility.The City-paid panel will still be in the spreadsheet so users can keep track of costs. 4. Add new fields to the Survey123 form. We have had dimensions accidentally left blank on the form, so it was not able to calculate a price based on the volume. a. Update Survey123 Configuration i. Additional questions, removal of unneeded ones 5. Update Web Application Configurations a. Update popups, styles, widget 2 Page 327 of 418 PROWEST 6 A F,S O C 1 1\T E S 6. [DEPANDANT ON COMPLETION OF#1 ABOVE] Update Map Services a. Update symbology using Type attribute b. Publish map service for viewing c. Required questions 7. Report Updates a. Add highlighted items back into the reports. i. Stump Removal ii. New 4" Sidewalk iii. Brick Repair iv. ADA Ramp V. Add "other"fees as directed by client b. Update symbology so users can easily which problem code each panel point has i. PWA has a couple options to approach this request, however,we cannot guarantee that the symbology can be changed significantly. c. Change "Class F Sidewalk Patch"to "Sidewalk Patch" on Cost Estimate and Proposed Assessment. i. Change the label for the fee in the report. d. Add an option to create a "Proposed Assessment W/Map"which would be the Proposed Assessment, plus the map page from the Cost Estimate. Map will be used to print for the city's contractor to use in the field. e. The text in the notes field for completed panel points are still showing up on the forms even though the panel has been completed. Need to have all attribute fields for completed panel points to be ignored when generating a report. **Pro-West&Associates suggests that the city begin updates with line item one, as it needs to be complete before other items can be accomplished. PROJECT COMPLETION & POST PROJ ECT SU PPORT Project Completion: The project will be completed when: 1. All updates have been deployed 2. The project close out call has been completed Upon project close,the sidewalk inspector solution will be managed and maintained by the City of Waterloo. 3 Page 328 of 418 PROWEST 6 A S,S O C 1 1\T E S Post Project Support PWA understands that support requests and/or general support inquiries will occur after the project is completed. We welcome those inquiries and look forward to supporting you in the future! Below are common inquiries related to general support requests. 1. If there are issues with the deliverables or if clarification is needed regarding the deliverables, contact the PWA Project Manager listed in this scope. 2. If the PWA Project Manager is contacted, after the project is completed,you may be invoiced for that call or email. The PM will discuss invoicing needs during the call. If you contact anyone other than the PWA Project Manager, after the project is completed, an invoice will be sent based on current hourly rates. 3. If the Project Manager is contacted after the project is completed, they are not available to respond, and the need is urgent (ie: the Project Manager is on vacation or is attending a workshop); contact PWA's main office number for assistance: 320-207-6868 or follow directions listed on the Project Managers out of office reply(if email is used). a. There may be an invoice sent for the support request based on current hourly rates if Technical staff are contacted directly. The PWA Project Manager will follow up when they are available to discuss invoicing. 4. PWA asks that both the PWA Project Manager and the Technical person be copied on emails to ensure prompt service and clarification on needs and any additional fees. If at any time there is a question about an invoice or support need, contact the PWA Project Manager. 5. If there are general questions about any topic related to GIS and/or PWA Services, contact the PWA Project Manager listed in this scope. You may be invoiced for that call or email. The PM will discuss invoicing needs on the call. PROJECT RISKS & MITIGATION Md 1. Stakeholders are not identified at the beginning of the project a. Mitigation: City and PWA will identify stakeholders at the project kick off. If changes in stakeholders occur, they will be communicated to the stakeholders immediately to eliminate and/or minimize timeline and budget changes. 2. Stakeholders change throughout the project a. Mitigation: Maintain the same project stakeholders throughout the project. If stakeholders do change, it is the client's responsibility to communicate the purpose of the project to the new stakeholder or for PWA to communicate changes to the client. If the project changes due to a change in stakeholders, additional charges may apply and the timeline may be affected. 4 Page 329 of 418 PROWEST 6. A F,5 O C IAT E S Item Cost 1. Remove "Problem" points and $3075.93 combine/consolidate into the "Panel" points 2. Update the property owner information in for $1169.82 the open inspections and identify options for automating property owner information. 3. Add "Paid by City"field to the Panel points and $805.11 have formula ignore these points for the price calculation 4. Add new fields to the Survey123 form. We have $1317.76 had some dimensions accidentally left blank on the form, so it was not able to calculate a price based on the volume. 5. Update Web Application Configurations $1132.05 6. Update Map Services $953.05 7. Report Update $2842.03 Total $11295.75 If the scope, objectives, or timeline change significantly before the project is completed,we will agree to discuss any necessary modifications to our agreed-upon fee or to the scope, objectives, or timeline of the project. *Payment is due within 45 days of an invoice date. If payments are not received within 45 days of the invoice date, a late fee of 1.5%of the invoice amount will be charged for each 45 day cycle that the payment is late. **3%convenience fee will be added for payment by credit card To proceed with the described services in this estimate, please sign and date below and return to the Project Manager listed above. CLIENT Pro-West&Associates Acceptance Signature: Signature: Date: � Date: 12-8-21 Estimate valid for 90 days 5 Page 330 of 418 CITY OF WATERLOO Council Communication Resolution to terminate the Video Wall System Contract with RC Systems of Waterloo, Iowa, originally approved July 6, 2021, under Section 26 of the Conditions of Contract"Termination for Convenience"and accepting nine(9)monitors in the amount of$23,558.85. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type ❑ Contract Backup Material Resolution to terminate the Video Wall System Contract with RC Systems SUBJECT: of Waterloo, Iowa, originally approved July 6, 2021, under Section 26 of the Conditions of Contract "Termination for Convenience" and accepting nine (9)monitors in the amount of 523,558.85. Submitted by: Submitted By:Mohammad Elahi, Traffic engineer Recommended Action: Approve Resolution After obtaining DOT authorization, the City Council approved a contract with RC Systems on July 6, 2021. The DOT inadvertently had approved it without checking with the Federal Highway Administration(FHWA). Afterwards FHWA required a change in the request for proposal(RFP). That meant sending out a new RFP. RC Systems verbally agreed with nullifying the contract. The Conditions of Contract allows termination for convenience. Section 26 of the Conditions of Contract is reproduced below: 26. Termination for Convenience 26.1 The City, by written notice sent to the Integrator, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of Summary Statement: termination shall specify that termination is for the City's convenience, the extent to which performance of the Integrator under the Contract is terminated, and the date upon which such termination becomes effective. 26.2 The Goods that are complete and ready for shipment within thirty(30) days after the Integrator's receipt of notice of termination shall be accepted by the City at the Contract terms and prices. For the remaining Goods, the City may elect: c)to have any portion completed and delivered at the Contract terms and prices; and/or d)to cancel the remainder and pay to the Integrator an agreed amount for partially completed Goods and Services and for materials and parts previously procured by the Integrator Page 331 of 418 City of Waterloo TOF-284-W FORM OF CONTRACT FOR THE SUPPLYING AND INSTALLING OF VIDEO WALL SYSTEM Iowa DOT Project Number STP-U-8155(755)--70-07 City Project Number TOF-284-W CITY OF WATERLOO,IOWA This agreement made and entered into this 6th day of July ,2021,by and between the City of Waterloo,Iowa,a Municipal Corporation,(hereinafter referred to as City),and RC System,1657 Falls Avenue,Waterloo,IA.50701, (hereinafter referred to as Integrator),WITNESSETH: 1) Integrator agrees to supply and install the Video Wall System,and furnish all tools, equipment, materials,and labor necessary to do all the work called for in the Request for Proposal(RFP)in a workmanshiplike manner and for the prices set forth in Integrator's submitted Cost Proposal as indicated below and meeting requirements as per RFP which was accepted by the City,and which is understood and agreed to be a part of this contract. VIDEO WALL SYSTEM COMPLETE WITH ALLTHE NECESSARY HARDWARE,SOFTWARE,EQUIPMENT,AND COMPONENTS FULLY INSTALLED FULLY INTEGRATED INCLUDING 9-MONITOR VIDEO WALL DISPLAY COMPLETE AND CONTROL SYSTEM COMPLETE WITH $82,596.52 SUPPORT STRUCTURE FULLY OPERATIONAL FULLY INTEGRATED INCLUDING 4 HOUR TRAINING AT WATERLOO TRAFFIC OPERATIONS CENTER TOTAL CONTRACT PRICE IN WRITING:eighty two thousand fare hundred and ningly six dollars and fift y two cents 2) Integrator understands, agrees with, and is bound by the pertinent terms mentioned in the February 2021 Request for Proposal, and Integrator's Proposal dated March 6, 2021, and Conditions of Contract for Purchasing Video Wall System,and email replies by Integrator to questions regarding Integrator's proposals all of which are considered part of this Agreement. 3) Agreement begin date is expected to be July 12,2021. 4) Supply and integration shall be completed within 4 months from the date of agreement execution plus any extension approved by the City needed to coordinate with the traffic operation center room remodeling. 5) This contract is not divisible, but in the event of a conflict between this agreement and the various instruments incorporated by reference,this agreement shall govern. 6) Federal Highway Administration Form FHWA-1273 and Appendix II of 2 CFR Part 200 are physically attached to and are part of this agreement. R S Integrator BY: Title: General Manager FOR CITY OF WATERLOO, IOWA U'e14111 Hart 6/7/2021 Mayor Quentin Hart Date Approved by the City Council of the City of Waterloo, Iowa, on July 6 , 2021. ATTEST: Kelley 7elchle , City Clerk, Waterloo, Iowa Form of Contract Page 1 of 1 Overall Page Number 1 Page 332 of 418 City of Waterloo, Iowa Conditions of Contract For Purchasing Video Wall System Iowa DOT Project Number STP-U-8155(755)--70-07 1. Definitions 1.1 In this Contract,the following terms shall be interpreted as indicated: a) "The Contract" means the Contract entered into between the City of Waterloo, and the Integrator, as recorded in the Form of Contract signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. b) "The Contract Price" means the price payable to the Integrator under the Contract for the full and proper performance of its contractual obligations. c) "COC' means this document titled Conditions of Contract. d) "RFP" means request for proposal. e) "The Goods" means all of the equipment, machinery, and/or other materials which the Integrator is required to supply to the City under the Contract. f) "The Services" means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance,training, and other such obligations of the Integrator covered under the Contract. g) "The City" means the City of Waterloo, Iowa. h) "DOT" means Iowa Department of Transportation i) "FHWA" means Federal Highway Administration j) "VWS" means Video Wall System k) "The Integrator" means the individual or firm supplying the Goods and Services under this Contract. 1) "The Project Site" means the Public Works Building, 625 Glenwood Street Waterloo, Iowa 50703. m) "Day' means calendar day. 2. Application 2.1 These Conditions shall apply to the extent that they are not superseded by provisionsof other parts of the Contract. 3. Standards 3.1 The Goods supplied under this Contract shall conform to the standards mentioned in the Request for Proposals. 3.2 Use of Contract Documents and Information.Any document, other than the Contract itself, enumerated in COC shall remain the property of the City and shall be returned (all copies) Conditions of Contract Page 1 Overall Page umber of 418 to the City on completion of the Integrator's performance under the Contract if so required by the City. 4. Patent Rights 4.1 The Integrator shall indemnify the City against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof in the City. 5. Performance Security 5.1 When required elsewhere in the Contract and within thirty(30) days of receipt of the notification of Contract award, the entity submitting the successful proposal shall furnish to the City the performance security in the amount specified not less than the Integrator's proposed price. 5.2 The proceeds of the performance security shall be payable to the City as compensation for any loss resulting from the Integrator's failure to complete its obligations under the Contract. 5.3 The performance security shall be in one of the following forms: a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank, in the form provided in the bidding documents or another form acceptable to the City;or b) a cashier's or certified check or certified share draft. 5.4 The performance security will be discharged by the City and returned to the Integrator not later than thirty(30) days following the date of completion of the Integrator's performance obligations under the Contract, including any warranty obligations. 6. Inspections and Tests 6.1 The City or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the City. Inspections and tests will be performed at the project location and after installation.The City shall notify the Integrator in writing, in a timely manner, of the identity of any representatives retained for these purposes. 6.2 The inspections and tests may be conducted on the premises of the Integrator or its subcontractor(s), at point of delivery, and/or at the Goods'final destination. If conducted on the premises of the Integrator or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the City. Should any inspected or tested Goods fail to conform to the specified requirements,the City may reject the Goods, and the Integrator shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the City. 6.3 The City's right to inspect,test and,where necessary, reject the Goods after the Goods' arrival to the final destination shall in no way be limited or waived by reason of the Goods having Conditions of Contract Page 2 Overall Pageumber Oage 1334 of 418 previously been inspected,tested, and passed by the City or its representative prior to the Goods shipment. 6.4 Testing and inspecting under COC Clause 7 shall not in any way release the Integrator from any warranty or other obligations under this Contract. 7. Packing 7.1 The Integrator shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract.The packing shall be sufficient to withstand,without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. 8. Delivery and Documents 8.1 Delivery of the Goods shall be made by the Integrator in accordance with the terms specified in the RFP. 9.3 Documents to be submitted by the Integrator are specified in the RFP. 9. Insurance 9.1 The Goods supplied under the Contract shall be fully insured against loss ordamage incidental to manufacture or acquisition,transportation, storage, and delivery. 10. Transportation 10.1 The Integrator is required under Contract to deliver the Goods to the Project Location and bear all the associated costs. 11. Incidental Services 11.1 The Integrator may be required to provide any or all of the following services,including additional services, if any mentioned elsewhere in the RFP: a) performance or supervision of on-site assembly and/or start-up of the supplied Goods; b) furnishing of tools required for assembly and/or maintenance of the supplied Goods; c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods; performance or supervision or maintenance and/or repair of the supplied Goods,for a period of time agreed by the parties, provided that this service shall not relieve the Integrator of any warranty obligations under this Contract; and d) training of the City's personnel, at the Integrator's plant and/or on-site, in assembly, start- up, operation, maintenance, and/or repair of the supplied Goods. 11.2 Prices charged by the Integrator for incidental services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the Conditions of Contract Page 3 Overall PageOager335 of 418 prevailing rates charged to other parties by the Integrator for similar services. 14. Warranty 14.1 The Integrator warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the Contract.The Integrator further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the City's specifications) or from any act or omission of the Integrator,that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination. 14.2 This warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the Contract unless specified otherwise elsewhere in the RFP or the proposal. 14.3 The City shall promptly notify the Integrator in writing of any claims arising under this warranty. 14.4 Upon receipt of such notice, the Integrator shall,within 30 days and with all reasonable speed, repair or replace the defective Goods or parts thereof, without costs to the City. 14.5 If the Integrator, having been notified,fails to remedy the defect(s)within the period specified,the City may proceed to take such remedial action as may be necessary, at the Integrator's risk and expense and without prejudice to any other rights which the City may have against the Integrator under the Contract. 1s. Payment 15.1 First payment will be processed upon stockpile or delivery of the monitors. Full payment will be processed after the VWS is installed,tested, and fully accepted by the City. 15.2 The Integrator's request(s) for payment shall be made to the City in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and Services performed accompanied by appropriate documentation, and upon fulfillment of other obligations stipulated in the Contract. 16. Prices 16.1 Prices charged by the Integrator for Goods delivered and Services performed under the Contract shall not vary from the prices quoted by the Integrator in its bid, with the exception of any approved price adjustments. In case of a Lump Sum price the portion of Lump Sum payment request shall be reasonable,the City reserves the right to ask for documentation to justify any partial payments of a lump sum prices. 17. Change Orders Conditions of Contract Page 4 Overall Page umber of 418 17.1 The City may at any time, by a written order given to the Integrator make changes within the general scope of the Contract in any one or more of the following: a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the City; b) the method of shipment or packing; c) the place of delivery;and/or d) Services to be provided by the Integrator. 17.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Integrator's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the Integrator for adjustment under this clause must be asserted within thirty (30) days from the date of the Integrator's receipt of the City's change order. 18. Contract Amendments 18.1 No variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. 19. Assignment 19.1 The Integrator shall not assign, in whole or in part, its obligations to perform under this Contract, except with the City's prior written consent. 20. Subcontracts 20.1 The Integrator shall notify the City in writing of all subcontracts awarded under this Contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the Integrator from any liability or obligation under the Contract. 20.2 Subcontracts must comply with the provisions of COC Clauses. 21. Delays in the Integrator's Performance 21.1 Delivery of the Goods and performance of Services shall be made by the Integrator in accordance with the time schedule prescribed by the City in the RFP or the Contract. 21.2 If at any time during performance of the Contract,the Integrator or its subcontractor(s) should encounter conditions impeding timely delivery of the Goods and performance of Services, the Integrator shall promptly notify the City in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Integrator's notice,the City shall evaluate the situation and may at its discretion extend the Integrator's time for performance, with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of Contract. 21.3 Except as provided under COC Clause 24, a delay by the Integrator in the performance of Conditions of Contract Page 5 Overall Pageumber Oage 537 of 418 its delivery obligations shall render the Integrator liable to the imposition of liquidated damages pursuant to COC Clause 22, unless an extension of time is agreed upon pursuant without the application of liquidated damages. 22. Liquidated Damages 22.1 Subject to COC Clause 24, if the Integrator fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract,the City Will,without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equal to 1/1000 of contract price per day of delay until actual delivery or performance, up to a maximum delay of 45 days. Once the maximum is reached,the City may consider termination of the Contract pursuant to the COC Clause 23. 23. Termination for Default 23.1 The City, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Integrator, may terminate this Contract in whole or in part: a) if the Integrator fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the City pursuant to COC Clause 21;or b) if the Integrator fails to perform any other obligation(s) under the Contract. 23.2 In the event the City terminates the Contract in whole or in part, pursuant to COC Clause 23.1,the City may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Integrator shall be liable to the City for any excess costs for such similar Goods or Services. However, the Integrator shall continue performance of the Contract to the extent not terminated. 24. Force Majeure 24.1 Notwithstanding the provisions of COC Clauses 21, 22,and 23,the Integrator shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 24.2 For purposes of this clause, "Force Majeure" means an event beyond the control of the Integrator and not involving the Integrator's fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the City in its sovereign capacity, wars,fires, floods, epidemics. 24.3 If a Force Majeure situation arises,the Integrator shall promptly notify the City in writing of such condition and the cause thereof. Unless otherwise directed by the City in writing,the Integrator shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. Conditions of Contract Page 6 Overall Page umber of 418 25. Termination for Insolvency 25.1 The City may at any time terminate the Contract by giving written notice to the Integrator if the Integrator becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Integrator, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the City. 26. Termination for Convenience 26.1 The City, by written notice sent to the Integrator, may terminate the Contract, in whole or in part, at any time for its convenience.The notice of termination shall specify that termination is for the City's convenience,the extent to which performance of the Integrator under the Contract is terminated, and the date upon which such termination becomes effective. 26.2 The Goods that are complete and ready for shipment within thirty (30) days after the Integrator's receipt of notice of termination shall be accepted by the City at the Contract terms and prices. For the remaining Goods,the City may elect: c) to have any portion completed and delivered at the Contract terms and prices;and/or d) to cancel the remainder and pay to the Integrator an agreed amount for partially completed Goods and Services and for materials and parts previously procured by the Integrator. 28. Notices 28.1 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by email to the other party's address. 28.2 A notice shall be effective when delivered or on the notice's effective date,whichever is later. Conditions of Contract Page 7 Overall Page umber of 418 Federal Highway Administration Form FHWA-1273 and Appendix II of 2 CFR Part 200 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor: During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS ll. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies: Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders, rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts, in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor, lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders, rental agreements and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders, rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under Overall Pageumber 1 Oage 3340 of 418 this contract.The provisions of the Americans with Disabilities 4. Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5. Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise, promote,and personnel actions of every type, including hiring, upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion, layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are Overall Pageumber 1 2 age 341 of 418 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs, i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color, religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color, national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color, religion,sex, national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color, religion, sex, national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor Overall Pageumber 11 3 age 342 of 418 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein: Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors,which are exempt. (iii)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to other projects. wage rates contained in the wage determination. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration, U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or Overall Page Number 12 4 Page 343 of 418 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- Overall Page Number 13 5 Page 344 of 418 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed. In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c. Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly Overall Page Number 14 6 Page 345 of 418 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation; liability for unpaid wages; liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic, including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the clause set forth in paragraph(1.)of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a. By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph (1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Code, 18 U.S.C. 1 tate subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. Overall Pageumber 1 7 age X346 of 418 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is Overall Page Number 16 8 Page 347 of 418 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification, in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.epis.gov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this Overall Page Number 17 9 Page 348 of 418 I. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant' Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant'refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into. If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the Overall Page Number 18 10 Page 349 of 418 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. Overall Pageumber 1 11 age 3350 of 418 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers, mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. Overall Pageumber 2 12 age 351 of 418 Pt. 200, App. II 2 CFR Ch. II (1-1-14 Edition) early notification about the requirements al- H.OTHER INFORMATION—OPTIONAL lows the potential applicant to decide not to This section may include any additional apply or to take needed actions before re- information that will assist a potential ap- ceiving the Federal award. The announce- plicant.For example,the section might: ment need not include all of the terms and i. Indicate whether this is a new program conditions of the Federal award, but may or a one-time initiative. refer to a document(with information about ii. Mention related programs or other up- how to obtain it) or Internet site where ap- coming or ongoing Federal awarding agency plicants can see the terms and conditions. If funding opportunities for similar activities. this funding opportunity will lead to Federal iii. Include current Internet addresses for awards with some special terms and condi- Federal awarding agency Web sites that may tions that differ from the Federal awarding be useful to an applicant in understanding agency's usual (sometimes called "general") the program. terms and conditions, this section should iv. Alert applicants to the need to identify highlight those special terms and conditions. proprietary information and inform them Doing so will alert applicants that have re- about the way the Federal awarding agency ceived Federal awards from the Federal will handle it. awarding agency previously and might not v. Include certain routine notices to appli- otherwise expect different terms and condi- cants (e.g., that the Federal government is not obligated to make any Federal award as tions. For the same reason, the announce- a result of the announcement or that only ment should inform potential applicants grants officers can bind the Federal govern- about special requirements that could apply ment to the expenditure of funds). to particular Federal awards after the review of applications and other information, based APPENDIX II TO PART 200—CONTRACT on the particular circumstances of the effort PROVISIONS FOR NON-FEDERAL ENTI- to be supported(e.g., if human subjects were TY CONTRACTS UNDER FEDERAL to be involved or if some situations may jus- AWARDS tify special terms on intellectual property, data sharing or security requirements). In addition to other provisions required by 3. Reporting—Required. This section must the Federal agency or non-Federal entity,all include general information about the type contracts made by the non-Federal entity (e.g., financial or performance), frequency, under the Federal award must contain provi- and means of submission (paper or elec- sions covering the following,as applicable. tronic) of post-Federal award reporting re- (A) Contracts for more than the simplified quirements. Highlight any special reporting acquisition threshold currently set at requirements for Federal awards under this $150,000, which is the inflation adjusted funding opportunity that differ (e.g., by re- amount determined by the Civilian Agency port type, frequency, form/format, or cir- Acquisition Council and the Defense Acquisi- tion tion Regulations Council (Councils) as au- umstances for use) from what the Federal thorized by 41 U.S.C. 1908, must address ad- awarding agency's Federal awards usually ministrative, contractual, or legal remedies require. in instances where contractors violate or G.FEDERAL AWARDING AGENCY CONTACT(8�— breach contract terms, and provide for such REQUIRED sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must The announcement must give potential ap- address termination for cause and for con- plicants a point(s) of contact for answering venience by the non-Federal entity including questions or helping with problems while the the manner by which it will be effected and funding opportunity is open. The intent of the basis for settlement. this requirement is to be as helpful as pos- (C) Equal Employment Opportunity. Ex- sible to potential applicants, so the Federal cept as otherwise provided under 41 CFR awarding agency should consider approaches Part 60, all contracts that meet the defini- such as giving: tion of "federally assisted construction con- i. Points of contact who may be reached in tract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 multiple ways (e.g., by telephone, FAX, and/ or email,as well as regular mail). CFR 601.4 in accordance with Executive 1 Order 112466,, "Equal Employment Oppor- ii. A fax or email address that multiple tunity" (30 FR 12319, 12935, 3 CFR Part, 1964- people access, so that someone will respond 1965 Comp., p. 339), as amended by Executive even if others are unexpectedly absent dur- Order 11375, "Amending Executive Order ing critical periods. 11246 Relating to Equal Employment Oppor- iii. Different contacts for distinct kinds of tunity," and implementing regulations at 41 help(e.g., one for questions of programmatic CFR part 60, "Office of Federal Contract content and a second for administrative Compliance Programs, Equal Employment questions). Opportunity,Department of Labor." 194 Overall Page Number 21 Page 352 of 418 OMB Guidance Pt. 200, App. II (D)Davis-Bacon Act,as amended(40 U.S.C. materials or articles ordinarily available on 3141-3148).When required by Federal program the open market, or contracts for transpor- legislation, all prime construction contracts tation or transmission of intelligence. in excess of $2,000 awarded by non-Federal (F) Rights to Inventions Made Under a entities must include a provision for compli- Contract or Agreement.If the Federal award ance with the Davis-Bacon Act (40 U.S.C. meets the definition of"funding agreement" 3141-3144, and 3146-3148) as supplemented by under 37 CFR §401.2 (a) and the recipient or Department of Labor regulations (29 CFR subrecipient wishes to enter into a contract Part 5, "Labor Standards Provisions Appli- with a small business firm or nonprofit orga- cable to Contracts Covering Federally Fi- nization regarding the substitution of par- nanced and Assisted Construction"). In ac- ties, assignment or performance of experi- cordance with the statute, contractors must mental, developmental, or research work be required to pay wages to laborers and me- under that "funding agreement," the recipi- chanics at a rate not less than the prevailing ent or subrecipient must comply with the re- wages specified in a wage determination quirements of 37 CFR Part 401, "Rights to In- made by the Secretary of Labor.In addition, ventions Made by Nonprofit Organizations contractors must be required to pay wages and Small Business Firms Under Govern- not less than once a week. The non-Federal ment Grants, Contracts and Cooperative entity must place a copy of the current pre- Agreements," and any implementing regula- vailing wage determination issued by the De- tions issued by the awarding agency. partment of Labor in each solicitation. The (G)Clean Air Act(42 U.S.C.7401-7671q.)and decision to award a contract or subcontract the Federal Water Pollution Control Act (33 must be conditioned upon the acceptance of U.S.C. 1251-1387), as amended—Contracts and the wage determination.The non-Federal en- subgrants of amounts in excess of $150,000 tity must report all suspected or reported must contain a provision that requires the violations to the Federal awarding agency. non-Federal award to agree to comply with The contracts must also include a provision all applicable standards, orders or regula- for compliance with the Copeland "Anti- tions issued pursuant to the Clean Air Act Kickback" Act (40 U.S.C. 3145), as supple- (42 U.S.C. 7401-7671q) and the Federal Water mented by Department of Labor regulations Pollution Control Act as amended(33 U.S.C. (29 CFR Part 3, "Contractors and Sub- 1251-1387).Violations must be reported to the contractors on Public Building or Public Federal awarding agency and the Regional Work Financed in Whole or in Part by Loans Office of the Environmental Protection or Grants from the United States").The Act Agency(EPA). provides that each contractor or sub- (H) Mandatory standards and policies re- recipient must be prohibited from inducing, lating to energy efficiency which are con- by any means, any person employed in the tained in the state energy conservation plan construction, completion, or repair of public issued in compliance with the Energy Policy work, to give up any part of the compensa- and Conservation Act(42 U.S.C.6201). tion to which he or she is otherwise entitled. (I) Debarment and Suspension (Executive The non-Federal entity must report all sus- Orders 12549 and 12689)—A contract award pected or reported violations to the Federal (see 2 CFR 180.220) must not be made to par- awarding agency. ties listed on the governmentwide Excluded (E) Contract Work Hours and Safety Parties List System in the System for Award Standards Act (40 U.S.C. 3701-3708). Where Management (SAM), in accordance with the applicable,all contracts awarded by the non- OMB guidelines at 2 CFR 180 that implement Federal entity in excess of $100,000 that in- Executive Orders 12549 (3 CFR Part 1986 volve the employment of mechanics or labor- Comp., p. 189) and 12689 (3 CFR Part 1989 ers must include a provision for compliance Comp.,p. 235), "Debarment and Suspension." with 40 U.S.C.3702 and 3704, as supplemented The Excluded Parties List System in SAM by Department of Labor regulations(29 CFR contains the names of parties debarred, sus- Part 5). Under 40 U.S.C. 3702 of the Act, each pended,or otherwise excluded by agencies,as contractor must be required to compute the well as parties declared ineligible under stat- wages of every mechanic and laborer on the utory or regulatory authority other than Ex- basis of a standard work week of 40 hours. ecutive Order 12549. Work in excess of the standard work week is (J) Byrd Anti-Lobbying Amendment (31 permissible provided that the worker is com- U.S.C. 1352)—Contractors that apply or bid pensated at a rate of not less than one and a for an award of$100,000 or more must file the half times the basic rate of pay for all hours required certification. Each tier certifies to worked in excess of 40 hours in the work the tier above that it will not and has not week. The requirements of 40 U.S.C. 3704 are used Federal appropriated funds to pay any applicable to construction work and provide person or organization for influencing or at- that no laborer or mechanic must be re- tempting to influence an officer or employee quired to work in surroundings or under of any agency, a member of Congress, officer working conditions which are unsanitary, or employee of Congress,or an employee of a hazardous or dangerous. These requirements member of Congress in connection with ob- do not apply to the purchases of supplies or taining any Federal contract, grant or any 195 Overall Page Number 22 Page 353 of 418 Pt. 200, App. III 2 CFR Ch. II (1-1-14 Edition) other award covered by 31 U.S.C. 1352. Each (1) Sponsored research means all research tier must also disclose any lobbying with and development activities that are spon- non-Federal funds that takes place in con- sored by Federal and non-Federal agencies nection with obtaining any Federal award. and organizations.This term includes activi- Such disclosures are forwarded from tier to ties involving the training of individuals in tier up to the non-Federal award. research techniques (commonly called re- (K) See §200.322 Procurement of recovered search training)where such activities utilize materials. the same facilities as other research and de- velopment activities and where such activi- APPENDIX III TO PART 200—INDIRECT ties are not included in the instruction func- (F&A) COSTS IDENTIFICATION AND tion. ASSIGNMENT, AND RATE DETERMINA- (2) University research means all research TION FOR INSTITUTIONS OF HIGHER and development activities that are sepa- EDUCATION(IHES) rately budgeted and accounted for by the in- stitution under an internal application of in- A.GENERAL stitutional funds. University research, for This appendix provides criteria for identi- purposes of this document, must be com- fying and computing indirect (or indirect bined with sponsored research under the (F&A)) rates at IHES (institutions). Indirect function of organized research. (F&A) costs are those that are incurred for c. Other sponsored activities means programs common or joint objectives and therefore and projects financed by Federal and non- cannot be identified readily and specifically Federal agencies and organizations which in- with a particular sponsored project, an in- volve the performance of work other than in- structional activity, or any other institu- struction and organized research. Examples tional activity. See subsection B.1, Defini- of such programs and projects are health tion of Facilities and Administration, for a service projects and community service pro- discussion of the components of indirect grams.However,when any of these activities (F&A)costs. are undertaken by the institution without outside support, they may be classified as I.Major Functions of an Institution other institutional activities. d. Other institutional activities means all ac- Refers to instruction, organized research, sponsored activities and other searcsearchh,,institu- tivities of an institution except for instruc- tional activities as defined in this section: tion, departmental research, organized re- a. Instruction means the teaching and search, and other sponsored activities, as de- training activities of an institution. Except fined in this section; indirect (F&A) cost ac- for research training as provided in sub- tivities identified in this Appendix para- section b,this term includes all teaching and graph B,Identification and assignment of en- training activities, whether they are offered direct (F&A) costs; and specialized services for credits toward a degree or certificate or facilities described in §200.468 Specialized on a non-credit basis, and whether they are service facilities of this Part. offered through regular academic depart- Examples of other institutional activities ments or separate divisions, such as a sum- include operation of residence halls, dining mer school division or an extension division. halls, hospitals and clinics, student unions, Also considered part of this major function intercollegiate athletics, bookstores, faculty are departmental research, and, where housing, student apartments, guest houses, agreed to,university research. chapels,theaters,public museums,and other (1)Sponsored instruction and training means similar auxiliary enterprises. This definition specific instructional or training activity es- also includes any other categories of activi- tablished by grant, contract, or cooperative ties, costs of which are "unallowable" to agreement. For purposes of the cost prin- Federal awards, unless otherwise indicated ciples, this activity may be considered a in an award. major function even though an institution's 2.Criteria for Distribution accounting treatment may include it in the instruction function. a. Base period. A base period for distribu- (2) Departmental research means research, tion of indirect (F&A) costs is the period development and scholarly activities that during which the costs are incurred. The are not organized research and, con- base period normally should coincide with sequently, are not separately budgeted and the fiscal year established by the institution, accounted for. Departmental research, for but in any event the base period should be so purposes of this document, is not considered selected as to avoid inequities in the dis- as a major function, but as a part of the in- tribution of costs. struction function of the institution. b. Need for cost groupings. The overall ob- b. Organized research means all research jective of the indirect (F&A) cost allocation and development activities of an institution process is to distribute the indirect (F&A) that are separately budgeted and accounted costs described in Section B, Identification for.It includes: and assignment of indirect (F&A) costs, to 196 Overall Page Number 23 Page 354 of 418 CITY OF WATERLOO Council Communication Resolution approving a Video Wall System Contract with Tierney Brothers, LLC of St Paul, Minnesota in conjunction with the Traffic Control Room Project Iowa DOT grant project number STP-U-8155(755)--70- 07, in the amount of$70,414, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type ❑ Contract Backup Material Resolution approving a Video Wall System Contract with Tierney Brothers, LLC of St Paul, Minnesota in conjunction with the Traffic Control Room SUBJECT: Project Iowa DOT grant project number STP-U-8155(755)--70-07, in the amount of 570,414, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Mohammad Elahi. Traffic engineer Recommended Action: Approve Resolution. This agreement involves furnishing and installing a video wall system. The DOT required an RFP (Request for Proposals)procurement approach. We advertised the Request for Proposals on City website and contacted several Summary Statement: vendors/integrators directly. We received 4 proposals and scored and ranked them. 2 proposal offered Userfal system and were very close. 1 proposal was slightly less costly than the other and was selected. We have already justified the selection to DOT and they have given their approval to enter into this contract. Expenditure Required/Source of$70,414.00 Funds: 80% federal Highway Funds Grant 20% GO bond Funds Page 355 of 418 CONTRACT FOR THE SUPPLYING AND INSTALLING OF VIDEO WALL SYSTEM Iowa DOT Project Number STP-U-8155(755)--70-07 City Project Number TOF-284-W CITY OF WATERLOO, IOWA This agreement made and entered into this day of , 2021, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and RC System, 1657 Falls Avenue, Waterloo, IA. 50701, (hereinafter referred to as Integrator), WITNESSETH: 1) Integrator agrees to supply and install the Video Wall System, and furnish all tools, equipment, materials, and labor necessary to do all the work called for in the Request for Proposal (RFP) in a workmanshiplike manner and for the prices set forth in Integrator's submitted Cost Proposal as indicated below and meeting requirements as per RFP which was accepted by the City,and which is understood and agreed to be a part of this contract. VIDEO WALL SYSTEM COMPLETE WITH ALL THE NECESSARY HARDWARE,SOFTWARE,EQUIPMENT,AND COMPONENTS FULLY INSTALLED FULLY INTEGRATED(INCLUDING 9-MONITOR SUPPLIED BY THE CITY)VIDEO WALL DISPLAY COMPLETE AND CONTROL SYSTEM COMPLETE WITH SUPPORT STRUCTURE FULLY OPERATIONAL FULLY INTEGRATED INCLUDING 4 HOUR TRAINING AT WATERLOO TRAFFIC OPERATIONS CENTER TOTAL CONTRACT PRICE IN WRITING: 2) Integrator understands, agrees with, and is bound by the pertinent terms mentioned in the October 2021 Request for Proposal, and Integrator's Proposal dated 12021, and Conditions of Contract for Purchasing Video Wall System, and email replies by Integrator to questions regarding Integrator's proposals all of which are considered part of this Agreement. 3) Agreement begin date is expected to be December 6,2021. 4) Supply and integration shall be completed within 60 calendar days from the date of agreement execution plus any extension approved bythe City needed to coordinate with the traffic operation center room remodeling. 5) This contract is not divisible,but in the event of a conflict between this agreement and the various instruments incorporated by reference,this agreement shall govern. 6) Federal Highway Administration Form FHWA-1273 and Appendix II of 2 CFR Part 200 are physically attached to and are part of this agreement. 7) BUY AMERICA(23 CFR 635.410).All products of iron or steel which are incorporated into the work and all manufacturing processes(including an application of a coating of steel)for these materials shall be of domestic origin and shall be melted and manufactured in the United States. It will be expected that certificates for steel products are reviewed for compliance with the Federal Buy America requirements before it is incorporated in the project. The intent of the Federal requirements is not to utilize foreign steel in a Federal-aid project. 8) The undersigned Integrator, having examined and determined the scope of this Request for Proposal,hereby proposes to supply and deliver the proposed products and services as described in the proposal documents at the prices set forth within. 9) The undersigned Integrator states that this proposal is made in conformity with the specifications and qualifications contained herein, including all applicable contract provisions for Federal-aid construction and service contracts required by FHWA, such as 2 CFR Part 200 Appendix II, Buy America, and Form FHWA-1273 requirements. In the event that there are any discrepancies or 1 Page 356 of 418 differences between any conditions of the vendor's proposal and the Request for Proposal prepared by the(LPA),the(LPA's) Request for Proposal shall prevail. 10) The undersigned Integrator certifies that the Integrator's proposal was made in good faith and without collusion or connection with any other person or persons bidding on the contract. Integrator Date BY: Title: FOR CITY OF WATERLOO, IOWA Mayor Quentin Hart Date Approved by the City Council of the City of Waterloo, Iowa, on , 2021. ATTEST: , City Clerk, Waterloo, Iowa 2 Page 357 of 418 CONDITIONS OF CONTRACT 1. Definitions 1.1 In this Conditions of Contract,the following terms shall be interpreted as indicated: a) "The Contract" means the agreement entered into between the City of Waterloo and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. b) "The Contract Price" means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations. c) "RFP" means the entire collection of documents contained in this package titled VIDEO WALL SYSTEM Request for Proposal including those listed in the Table of Contends. d) "The Goods" means all of the equipment, machinery, and/or other materials which the Supplier is required to supply to the City under the Contract. e) "The Services" means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance,training, and other such obligations of the Supplier covered under the Contract. f) "The City" means the City of Waterloo, Iowa. g) "DOT" means Iowa Department of Transportation h) "FHWA" means Federal Highway Administration i) "VWS" means Video Wall System j) "The Supplier" means the individual or the firm supplying the Goods and Services under this Contract and may also be referred to as the Contractor or the Integrator. k) "The Project Site," means the Public Works Building, 625 Glenwood Street Waterloo, Iowa 50703. 1) "Day" in Conditions of Contract means calendar day. m) "Bidder" or"Proposer" or"Integrator" means a supplier who replies to the RFP and submits all the cost and other necessary proposals and documents. n) "Project Manager" the individual assigned by the City to manage this project. 2. Application 2.1 These Conditions shall apply to the extent that they are not superseded by provisions of other parts of the RFP. 3. Standards 3.1 The Goods supplied under this Contract shall conform to the standards mentioned in the Request for Proposal. 4. Use of Contract Documents and Information 4.1 Any document, other than the Contract itself, enumerated in Conditions of Contract shall remain the property of the City. S. Patent Rights 5.1 The Supplier shall indemnify the City against all third-party claims of infringement of patent,trademark, or industrial design rights arising from use of the Goods or any part thereof in the City. 6. Performance Security 6.1 Within thirty(30) days of receipt of the notification of Contract award,the successful Bidder shall furnish to the City the performance security in the amount specified not less than the supplier's bid price. 3 Page 358 of 418 6.2 The proceeds of the performance security shall be payable to the City as compensation for any loss resulting from the Supplier's failure to complete its obligations under the Contract. 6.3 The performance security shall be in one of the following forms: a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank, in the form provided in the bidding documents or another form acceptable to the City; or b) a cashier's or certified check or certified share draft. 6.4 The performance security will be discharged by the City and returned to the Supplier not later than thirty (30) days following the date of completion of the Supplier's performance obligations under the Contract, including any warranty obligations. 7. Inspections and Tests 7.1 The City or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the RFP requirements at no extra cost to the City. The RFP shall specify what inspections and tests the City requires and where they are to be conducted. The City shall notify the Supplier in writing, in a timely manner, of the identity of any representatives retained for these purposes. 7.2 Should any inspected or tested Goods fail to conform to the specified requirements,the City may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the City. 7.3 Testing and inspecting under Conditions of Contract Clause 7 shall not in any way release the Supplier from any warranty or other obligations under this Contract. 8. Packing 8.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. The packing shall be sufficient to withstand,without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. 9. Delivery and Documents 9.1 Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in the RFP. 9.3 Documents to be submitted by the Supplier are specified in the RFP. 10. Insurance 10.1 The Goods supplied under the Contract shall be fully insured against loss or damage incidental to manufacture or acquisition,transportation, storage, and delivery. 11. Transportation 11.1 The Supplier is required under Contract to deliver the Goods to the Project Location and bear all the associated costs. 12. Incidental Services 12.1 The Supplier may be required to provide any or all of the following services, including additional services, if any mentioned elsewhere in the RFP: a) performance or supervision of on-site assembly and/or start-up of the supplied Goods; b) furnishing of tools required for assembly and/or maintenance of the supplied Goods; c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods; d) performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and 4 Page 359 of 418 e) training of the City's personnel, at the Supplier's plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods. 12.2 Prices charged by the Supplier for incidental services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services. 14. Warranty 14.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the City's specifications) or from any act or omission of the Supplier,that may develop under normal use of the supplied Goods in the conditions prevailing in the final destination. 14.2 This warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the Contract unless specified otherwise elsewhere in the RFP. 14.3 The City shall promptly notify the Supplier in writing of any claims arising under this warranty. 14.4 Upon receipt of such notice, the Supplier shall, within 30 days and with all reasonable speed, repair or replace the defective Goods or parts thereof, without costs to the City. 14.5 If the Supplier, having been notified,fails to remedy the defect(s)within the period specified,the City may proceed to take such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the City may have against the Supplier under the Contract. 15. Payment 15.1 Full payment will be processed after the VWS is installed, tested, and fully accepted by the City. 15.2 The Supplier's request(s)for payment shall be made to the City in writing, accompanied by an invoice describing, as appropriate,the Goods delivered and Services performed accompanied by appropriate documentation, and upon fulfillment of other obligations stipulated in the Contract. 16. Prices Prices charged by the Supplier for Goods delivered and Services performed under the Contract shall not vary from the prices quoted by the Supplier in its Cost Submittal Form, with the exception of any approved price adjustments. 17. Change Orders 17.1 The City may at any time, by a written order given to the Supplier make changes within the general scope of the Contract in any one or more of the following: a) drawings, designs, or specifications,where Goods to be furnished under the Contract are to be specifically manufactured for the City; b) the method of shipment or packing; c) the place of delivery; and/or d) Services to be provided by the Supplier. 17.2 If any such change causes an increase or decrease in the cost of, or the time required for,the Supplier's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this clause must be asserted within thirty (30) days from the date of the Supplier's receipt of the City's change order. 5 Page 360 of 418 18. Contract Amendments 18.1 No variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. 19. Assignment 19.1 The Supplier shall not assign, in whole or in part, its obligations to perform under this Contract, except with the City's prior written consent. 20. Subcontracts 20.1 The Supplier shall notify the City in writing of all subcontracts awarded under this Contract if not already specified in the response to the RFP. Such notification, in the original response to the RFP or later, shall not relieve the Supplier from any liability or obligation under the Contract. 20.2 Subcontracts must comply with the provisions of Conditions of Contract Clauses. 21. Delays in the Supplier's Performance 21.1 Delivery of the Goods and performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the City in the RFP. 21.2 If at anytime during performance of the Contract,the Supplier or its subcontractor(s) should encounter conditions impeding timely delivery of the Goods and performance of Services, the Supplier shall promptly notify the City in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier's notice,the City shall evaluate the situation and may at its discretion extend the Supplier's time for performance, with or without liquidated damages, in which case the extension shall be ratified by Project Manager. 21.3 Except as provided under Conditions of Contract Clause 24, a delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to Conditions of Contract Clause 22, unless an extension of time is agreed upon pursuant without the application of liquidated damages. 22. Liquidated Damages 22.1 Subject to Conditions of Contract Clause 24, if the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract,the City Will,without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equal to $150 per day of delay until actual delivery or performance, up to a maximum delay of 45 days. Once the maximum is reached,the City may consider termination of the Contract pursuant to the Conditions of Contract Clause 23. 23. Termination for Default 23.1 The City,without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate this Contract in whole or in part: a) if the Supplier fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the City pursuant to Conditions of Contract Clause 21; or b) if the Supplier fails to perform any other obligation(s) under the Contract. 23.2 In the event the City terminates the Contract in whole or in part, pursuant to Conditions of Contract Clause 23.1, the City may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the City for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated. 6 Page 361 of 418 24. Force Majeure 24.1 Notwithstanding the provisions of Conditions of Contract Clauses 21, 22, and 23,the Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 24.2 For purposes of this clause, "Force Majeure" means an event beyond the control of the Supplier and not involving the Supplier's fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the City in its sovereign capacity, wars,fires,floods, epidemics. 24.3 If a Force Majeure situation arises,the Supplier shall promptly notify the City in writing of such condition and the cause thereof. Unless otherwise directed by the City in writing,the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 25. Termination for Insolvency 25.1 The City may at any time terminate the Contract by giving written notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In this event,termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the City. 26. Termination for Convenience 26.1 The City, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the City's convenience,the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective. 26.2 The Goods that are complete and ready for shipment within thirty (30) days after the Supplier's receipt of notice of termination shall be accepted by the City at the Contract terms and prices. For the remaining Goods, the City may elect: a) to have any portion completed and delivered at the Contract terms and prices; and/or b) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Services and for materials and parts previously procured by the Supplier. 28. Notices 28.1 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by email to the other party's address. 28.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later. 29. Notice to Proceed 29.1 An email will be produced from the City to the Supplier directing the Supplier to proceed.This email shall be considered the official notice to proceed with the contract to supply the Goods and Service. The City does not issue purchase orders. 30. Tax 30.1 City of Waterloo will issue tax exempt certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for this project free of sales tax. 7 Page 362 of 418 COST PROPOSAL SUBMITTAL FORM The City of Waterloo, Iowa is requesting price quotation of the items below. Please quote prices for each item listed and return to the email address listed below but do not provide a total. Each item price carries its own weight and is multiplied by its weight. Weighted item costs will be added and compared to lowest total weighted score to determine cost score. City of Waterloo, Iowa Project Description: Video Wall System Attn: Mohammad Elahi Email: mohammad.elahi@waterloo-ia.org Project No.: STP-U-8155(755)--70-07 Street: 625 Glenwood Street City, State,Zip: Waterloo, IA 50703 (The RFP describes detailed requirements) No. Item Description Price ($) VIDEO WALL SYSTEM COMPLETE WITH ALL THE NECESSARY HARDWARE,SOFTWARE,EQUIPMENT, 1 AND COMPONENTS FULLY INSTALLED FULLY INTEGRATED(INCLUDING 9-MONITOR PROVIDED BY $7 ,414.00 THE CITY)VIDEO WALL DISPLAY COMPLETE AND CONTROL SYSTEM COMPLETE WITH SUPPORT STRUCTURE FULLY OPERATIONAL FULLY INTEGRATED INCLUDING 4 HOUR TRAINING AT WATERLOO TRAFFIC CONTROL CENTER PRICE IN WRITING: Seventy Thousand, Four Hundred Fourteen Dollars By signing and submitting this form the Supplier understands that: 1-The City reserves the right to accept or reject any or all bids. 2-The City reserves the right to ask for clarifications and additional information. Signatures are to be by authorized agent.If joint venture,each shall sign. Date: 10/29/21 Mgags-n, aw fik 10-25-2021 Signature Date Contact Person: Melissa Curtis (Print Name) Signature Date Federal Tax ID Number: 41-1355993 Company: Tierney Brothers,LLC Address: 1771 Energy Park Drive,Suite 100 City: St.Paul State: MN ZIP Code: 55108 Phone Number: 800.933.7337 VWS 13 STP-U-8155(755)--70-07 9 Page 363 of 418 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these Il. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor, lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under Overall Page Number 9 1 Page 364 of 418 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are Overall Page Number 10 2 Page 365 of 418 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex, national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor Overall Page Number 11 3 Page 366 of 418 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration, U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or Overall Page Number 12 4 Page 367 of 418 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- Overall Page Number 13 5 Page 368 of 418 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed. In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c. Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly Overall Page Number 14 6 Page 369 of 418 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation; liability for unpaid wages; liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic, including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the clause set forth in paragraph(1.)of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a. By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph (1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Code, 18 U.S.C. 1 tate subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. Overall Pageumber 1 7 age 370 of 418 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is Overall Page Number 16 8 Page 371 of 418 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification, in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.ep1s.gov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this Overall Page Number 17 9 Page 372 of 418 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms'covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or ***** subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant' Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant'refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into. If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the Overall Page Number 18 10 Page 373 of 418 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. Overall Pageumber 1 11 age 3374 of 418 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers, mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. Overall Pageumber 2 12 age 375 of 418 Pt. 200, App. II 2 CFR Ch. II (1-1-14 Edition) early notification about the requirements al- H.OTHER INFORMATION—OPTIONAL lows the potential applicant to decide not to This section may include any additional apply or to take needed actions before re- information that will assist a potential ap- ceiving the Federal award. The announce- plicant.For example,the section might: ment need not include all of the terms and i. Indicate whether this is a new program conditions of the Federal award, but may or a one-time initiative. refer to a document(with information about ii. Mention related programs or other up- how to obtain it) or Internet site where ap- coming or ongoing Federal awarding agency plicants can see the terms and conditions. If funding opportunities for similar activities. this funding opportunity will lead to Federal iii. Include current Internet addresses for awards with some special terms and condi- Federal awarding agency Web sites that may tions that differ from the Federal awarding be useful to an applicant in understanding agency's usual (sometimes called "general") the program. terms and conditions, this section should iv. Alert applicants to the need to identify highlight those special terms and conditions. proprietary information and inform them Doing so will alert applicants that have re- about the way the Federal awarding agency ceived Federal awards from the Federal will handle it. awarding agency previously and might not v. Include certain routine notices to appli- otherwise expect different terms and condi- cants (e.g., that the Federal government is not obligated to make any Federal award as tions. For the same reason, the announce- a result of the announcement or that only ment should inform potential applicants grants officers can bind the Federal govern- about special requirements that could apply ment to the expenditure of funds). to particular Federal awards after the review of applications and other information, based APPENDIX II TO PART 200—CONTRACT on the particular circumstances of the effort PROVISIONS FOR NON-FEDERAL ENTI- to be supported(e.g., if human subjects were TY CONTRACTS UNDER FEDERAL to be involved or if some situations may jus- AWARDS tify special terms on intellectual property, data sharing or security requirements). In addition to other provisions required by 3. Reporting—Required. This section must the Federal agency or non-Federal entity,all include general information about the type contracts made by the non-Federal entity (e.g., financial or performance), frequency, under the Federal award must contain provi- and means of submission (paper or elec- sions covering the following,as applicable. tronic) of post-Federal award reporting re- (A) Contracts for more than the simplified quirements. Highlight any special reporting acquisition threshold currently set at requirements for Federal awards under this $150,000, which is the inflation adjusted funding opportunity that differ (e.g., by re- amount determined by the Civilian Agency port type, frequency, form/format, or cir- Acquisition Council and the Defense Acquisi- tion tion Regulations Council (Councils) as au- umstances for use) from what the Federal thorized by 41 U.S.C. 1908, must address ad- awarding agency's Federal awards usually ministrative, contractual, or legal remedies require. in instances where contractors violate or G.FEDERAL AWARDING AGENCY CONTACT(S�— breach contract terms, and provide for such REQUIRED sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must The announcement must give potential ap- address termination for cause and for con- plicants a point(s) of contact for answering venience by the non-Federal entity including questions or helping with problems while the the manner by which it will be effected and funding opportunity is open. The intent of the basis for settlement. this requirement is to be as helpful as pos- (C) Equal Employment Opportunity. Ex- sible to potential applicants, so the Federal cept as otherwise provided under 41 CFR awarding agency should consider approaches Part 60, all contracts that meet the defini- such as giving: tion of "federally assisted construction con- i. Points of contact who may be reached in tract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 multiple ways (e.g., by telephone, FAX, and/ or email,as well as regular mail). CFR 601.4 in accordance with Executive 1 Order 112466,, "Equal Employment Oppor- ii. A fax or email address that multiple tunity" (30 FR 12319, 12935, 3 CFR Part, 1964- people access, so that someone will respond 1965 Comp., p. 339), as amended by Executive even if others are unexpectedly absent dur- Order 11375, "Amending Executive Order ing critical periods. 11246 Relating to Equal Employment Oppor- iii. Different contacts for distinct kinds of tunity," and implementing regulations at 41 help(e.g., one for questions of programmatic CFR part 60, "Office of Federal Contract content and a second for administrative Compliance Programs, Equal Employment questions). Opportunity,Department of Labor." 194 Overall Page Number 21 Page 376 of 418 OMB Guidance Pt. 200, App. II (D)Davis-Bacon Act,as amended(40 U.S.C. materials or articles ordinarily available on 3141-3148).When required by Federal program the open market, or contracts for transpor- legislation, all prime construction contracts tation or transmission of intelligence. in excess of $2,000 awarded by non-Federal (F) Rights to Inventions Made Under a entities must include a provision for compli- Contract or Agreement.If the Federal award ance with the Davis-Bacon Act (40 U.S.C. meets the definition of"funding agreement" 3141-3144, and 3146-3148) as supplemented by under 37 CFR §401.2 (a) and the recipient or Department of Labor regulations (29 CFR subrecipient wishes to enter into a contract Part 5, "Labor Standards Provisions Appli- with a small business firm or nonprofit orga- cable to Contracts Covering Federally Fi- nization regarding the substitution of par- nanced and Assisted Construction"). In ac- ties, assignment or performance of experi- cordance with the statute, contractors must mental, developmental, or research work be required to pay wages to laborers and me- under that "funding agreement," the recipi- chanics at a rate not less than the prevailing ent or subrecipient must comply with the re- wages specified in a wage determination quirements of 37 CFR Part 401, "Rights to In- made by the Secretary of Labor.In addition, ventions Made by Nonprofit Organizations contractors must be required to pay wages and Small Business Firms Under Govern- not less than once a week. The non-Federal ment Grants, Contracts and Cooperative entity must place a copy of the current pre- Agreements," and any implementing regula- vailing wage determination issued by the De- tions issued by the awarding agency. partment of Labor in each solicitation. The (G)Clean Air Act(42 U.S.C.7401-7671q.)and decision to award a contract or subcontract the Federal Water Pollution Control Act (33 must be conditioned upon the acceptance of U.S.C. 1251-1387), as amended—Contracts and the wage determination.The non-Federal en- subgrants of amounts in excess of $150,000 tity must report all suspected or reported must contain a provision that requires the violations to the Federal awarding agency. non-Federal award to agree to comply with The contracts must also include a provision all applicable standards, orders or regula- for compliance with the Copeland "Anti- tions issued pursuant to the Clean Air Act Kickback" Act (40 U.S.C. 3145), as supple- (42 U.S.C. 7401-7671q) and the Federal Water mented by Department of Labor regulations Pollution Control Act as amended (33 U.S.C. (29 CFR Part 3, "Contractors and Sub- 1251-1387).Violations must be reported to the contractors on Public Building or Public Federal awarding agency and the Regional Work Financed in Whole or in Part by Loans Office of the Environmental Protection or Grants from the United States"). The Act Agency(EPA). provides that each contractor or sub- (H) Mandatory standards and policies re- recipient must be prohibited from inducing, lating to energy efficiency which are con- by any means, any person employed in the tained in the state energy conservation plan construction, completion, or repair of public issued in compliance with the Energy Policy work, to give up any part of the compensa- and Conservation Act(42 U.S.C.6201). tion to which he or she is otherwise entitled. (I) Debarment and Suspension (Executive The non-Federal entity must report all sus- Orders 12549 and 12689)—A contract award pected or reported violations to the Federal (see 2 CFR 180.220) must not be made to par- awarding agency. ties listed on the governmentwide Excluded (E) Contract Work Hours and Safety Parties List System in the System for Award Standards Act (40 U.S.C. 3701-3708). Where Management (SAM), in accordance with the applicable,all contracts awarded by the non- OMB guidelines at 2 CFR 180 that implement Federal entity in excess of $100,000 that in- Executive Orders 12549 (3 CFR Part 1986 volve the employment of mechanics or labor- Comp., p. 189) and 12689 (3 CFR Part 1989 ers must include a provision for compliance Comp.,p.235), "Debarment and Suspension." with 40 U.S.C.3702 and 3704, as supplemented The Excluded Parties List System in SAM by Department of Labor regulations(29 CFR contains the names of parties debarred, sus- Part 5). Under 40 U.S.C. 3702 of the Act, each pended,or otherwise excluded by agencies,as contractor must be required to compute the well as parties declared ineligible under stat- wages of every mechanic and laborer on the utory or regulatory authority other than Ex- basis of a standard work week of 40 hours. ecutive Order 12549. Work in excess of the standard work week is (J) Byrd Anti-Lobbying Amendment (31 permissible provided that the worker is corn- U.S.C. 1352)—Contractors that apply or bid pensated at a rate of not less than one and a for an award of$100,000 or more must file the half times the basic rate of pay for all hours required certification. Each tier certifies to worked in excess of 40 hours in the work the tier above that it will not and has not week. The requirements of 40 U.S.C. 3704 are used Federal appropriated funds to pay any applicable to construction work and provide person or organization for influencing or at- that no laborer or mechanic must be re- tempting to influence an officer or employee quired to work in surroundings or under of any agency, a member of Congress, officer working conditions which are unsanitary, or employee of Congress,or an employee of a hazardous or dangerous. These requirements member of Congress in connection with ob- do not apply to the purchases of supplies or taining any Federal contract, grant or any 195 Overall Page Number 22 Page 377 of 418 Pt. 200, App. III 2 CFR Ch. II (1-1-14 Edition) other award covered by 31 U.S.C. 1352. Each (1) Sponsored research means all research tier must also disclose any lobbying with and development activities that are spon- non-Federal funds that takes place in con- sored by Federal and non-Federal agencies nection with obtaining any Federal award. and organizations.This term includes activi- Such disclosures are forwarded from tier to ties involving the training of individuals in tier up to the non-Federal award. research techniques (commonly called re- (K) See §200.322 Procurement of recovered search training)where such activities utilize materials. the same facilities as other research and de- velopment activities and where such activi- APPENDIX III TO PART 200—INDIRECT ties are not included in the instruction func- (F&A) COSTS IDENTIFICATION AND tion. ASSIGNMENT, AND RATE DETERMINA- (2) University research means all research TION FOR INSTITUTIONS OF HIGHER and development activities that are sepa- EDUCATION(IHES) rately budgeted and accounted for by the in- stitution under an internal application of in- A.GENERAL stitutional funds. University research, for This appendix provides criteria for identi- purposes of this document, must be com- fying and computing indirect (or indirect bined with sponsored research under the (F&A)) rates at IHES (institutions). Indirect function of organized research. (F&A) costs are those that are incurred for c. Other sponsored activities means programs common or joint objectives and therefore and projects financed by Federal and non- cannot be identified readily and specifically Federal agencies and organizations which in- with a particular sponsored project, an in- volve the performance of work other than in- structional activity, or any other institu- struction and organized research. Examples tional activity. See subsection B.1, Defini- of such programs and projects are health tion of Facilities and Administration, for a service projects and community service pro- discussion of the components of indirect grams.However,when any of these activities (F&A)costs. are undertaken by the institution without outside support, they may be classified as I.Major Functions of an Institution other institutional activities. d. Other institutional activities means all ac- Refers to instruction, organized research,, tivities of an institution except for instruc- other sponsored activities and other searc institu- tional activities as defined in this section: tion, departmental research, organized re- a. Instruction means the teaching and search, and other sponsored activities, as de- training activities of an institution. Except fined in this section; indirect (F&A) cost ac- for research training as provided in sub- tivities identified in this Appendix para- section b,this term includes all teaching and graph B,Identification and assignment of en- training activities, whether they are offered direct (F&A) costs; and specialized services for credits toward a degree or certificate or facilities described in §200.468 Specialized on a non-credit basis, and whether they are service facilities of this Part. offered through regular academic depart- Examples of other institutional activities ments or separate divisions, such as a sum- include operation of residence halls, dining mer school division or an extension division. halls, hospitals and clinics, student unions, Also considered part of this major function intercollegiate athletics, bookstores, faculty are departmental research, and, where housing, student apartments, guest houses, agreed to,university research. chapels,theaters,public museums,and other (1)Sponsored instruction and training means similar auxiliary enterprises. This definition specific instructional or training activity es- also includes any other categories of activi- tablished by grant, contract, or cooperative ties, costs of which are "unallowable" to agreement. For purposes of the cost prin- Federal awards, unless otherwise indicated ciples, this activity may be considered a in an award. major function even though an institution's 2.Criteria for Distribution accounting treatment may include it in the instruction function. a. Base period. A base period for distribu- (2) Departmental research means research, tion of indirect (F&A) costs is the period development and scholarly activities that during which the costs are incurred. The are not organized research and, con- base period normally should coincide with sequently, are not separately budgeted and the fiscal year established by the institution, accounted for. Departmental research, for but in any event the base period should be so purposes of this document, is not considered selected as to avoid inequities in the dis- as a major function, but as a part of the in- tribution of costs. struction function of the institution. b. Need for cost groupings. The overall ob- b. Organized research means all research jective of the indirect (F&A) cost allocation and development activities of an institution process is to distribute the indirect (F&A) that are separately budgeted and accounted costs described in Section B, Identification for.It includes: and assignment of indirect (F&A) costs, to 196 Overall Page Number 23 Page 378 of 418 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Ritland+Kuiper of Waterloo, Iowa, in an amount not to exceed $151,950, in conjunction with landscape architecture services for the Waterloo River Lighting Project, and authorizing the mayor to execute said document. City Council Meeting: 12/20/2021 Prepared: 7/7/2021 ATTACHMENTS: Description Type ❑ Supplemental#1 Backup Material Resolution approving a Professional Services Agreement with SUBJECT: Ritland+Kuiper of Waterloo. Iowa. in an amount not to exceed $151.950, in conjunction with landscape architecture services for the Waterloo River Lighting Project, and authorizing the mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, P.E., City Engineer Recommended Action: Approval Ritland-Kuiper Landscape Architects would be responsible for hiring and directing the work of subconsultants necessary for the completion of the design that include AEC OM (civil engineering), Invision Architecture(tower Summary Statement: design) and MODUS (electrical engineering). The Waterloo Development Corporation(WDC)will fund the agreement for the project. Expenditure Required/Source of The funding for the project is coming from the WDC. Funds: Page 379 of 418 AMENDMENT #1 TO AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT In accordance with the original agreement dated April 8, 2021, between the following parties: CLIENT: Waterloo Development Corporation and the City of Waterloo LANDSCAPE ARCHITECT: RITLAND+KUIPER Landscape Architects(RKLA) for the following PROJECT: WATERLOO RIVER LIGHTING Authorization is requested to proceed with the following additional services: Construction Documents and Construction Related Services You have requested our services for final design construction documents and construction related services to assist you in the creation of lighting amenities on and adjacent to the E.4 1 Street bridge in downtown Waterloo, including lighting of the pedestrian bridge and Cedar River dam cascades with colored LED lighting as well as new light towers with associated plaza developments at either end of the E. 4th Street bridge. The Landscape Architect will be responsible for continuing to coordinate the work of subconsultants necessary for the completion of the design and construction related services: • AECOM (civil engineering, coordination with Corps of Engineers) • INVISION Architecture(tower features) • MODUS (electrical engineering) • Terracon (geotechnical engineering for tower footings) We are proposing the following additional services as per the terms of our existing contract: 1. Construction Documents This will include work required to create a set of construction documents for the proposed improvements, including: a. Attend coordination meetings with WDC River Lighting Committee, City staff, Shakespeare Lighting Design and other consultants as required. b. Coordinate the following AECOM Final Design tasks: • Final design construction documents for demolition and construction of pavements, light tower footings, retaining wall construction, and painting of interior of 4th street canopy(at arch locations/supports in upper portion of canopy). • Coordination of improvements with U.S.Army Corps of Engineers, evaluating potential impacts to the Cedar River floodway corridor. c. Coordinate the following INVISION Architecture Design Development tasks: • Final design construction documents of proposed tower base architectural metal features as well as pedestrian bridge canopy fascia and framing for new fixture locations. d. Coordinate the following MODUS Design Development tasks: • Final design construction documents for electrical plans to support design created by Shakespeare Lighting Design for light towers(2 locations), pedestrian bridge lighting, lighting the dam, power supply,fixture installations, telecommunications, and controls for lighting. e. Prepare and provide the City a final set of drawings and project manual document to use during the public bidding process, including final opinion of cost. Page 380 of 418 f. Provide a recommendation of award of contract during the public bidding process, including a tabulation of all publicly-opened bids. g. Assist in preparing contract documents for the City should you proceed with awarding the contract to the apparent low bidder. 2. Construction Related Services Services to be provided for contract administration during the construction phase of the project as defined by the following tasks: a. Conduct a preconstruction conference attended by representatives of the Contractor, Subcontractors, Client, Consultants, and affected utilities. b. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents, c. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. d. Review contractor's payment applications to determine if the amount of work represented as complete is generally consistent with the Landscape Architect's observations during its site visits. Landscape Architect's review shall be subject to any noted qualifications by the Landscape Architect. Landscape Architect's review shall not be a representation that Landscape Architect has supervised the work, or that Landscape Architect has reviewed how or for what purpose contractor has used or intends to use Owner's payments e. Perform construction site visits at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Although the Landscape Architect or its consultants may observe and discuss potential problems, these visits are not construction inspections or a guarantee that there will not be construction deficiencies. Staffing requirements may be adjusted during the project in relation to the level of construction activity. f. Prepare and assist the Client and Contractor in preparing and processing contract change orders. g. Report to the Client any work believed to be unsatisfactory,faulty or defective or does not conform to the contract documents and advise the Client of any work that should be corrected or rejected. h. Review required contractor submittals, such as shop drawings and samples, for conformance with project drawings and specifications. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. i. Participate in a review of the project with the Client and review staff near completion and prepare a list of items to be completed or corrected. j. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. k. Assist the Client with the final close-out documentation from the Contractor. Based upon the above scope of work and services anticipated, RITLAND+KUIPRR Landscape Architects(and their subconsultants)will provide the services described above, and in accordance with the conditions outlined in our contract, for a sum not to exceed $151,950. Page 381 of 418 SUBMITTED BY: AGREED TO: LANDSCAPE ARCHITECT CLIENT: City of Waterloo 9144 Marl Ku per,ASLA,IAED AP, Principal Signature Dated: August 23, 2021 License/Certificate No. IOWA 00413 Title Renewal Date: June 30, 2023 Dated C aterloo D elo ment Corp. Title //'C G !' rj Dated / ' �• �� Page 382 of 418 CITY OF WATERLOO Council Communication 2021 International Fire Code Amendment. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type ❑ Ordinance as proposed Backup Material Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances, by repealing Title 9, Chapter 2, Section 2, Codes Adopted, Subsection A, and enacting in he thereof a new Title 9, Chapter 2, Section 2, Codes Adopted, Subsection A. SUBJECT: and repealing Title 9, Chapter 2, Section 8,Amendments, and enacting in lieu thereof a new Title 9, Chapter 2, Section 8 Amendments. Motion to suspend the rules. Motion to receive, file, consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Pat Treloar, Fire Chief Currently the City of Waterloo has the 2015 International Fire Code adopted as the City's fire code. We are seeking permission to adopt the 2021 edition Summary Statement: of the International Fire Code to better reflect changing technologies in fire prevention systems as well as anticipated adoption of the 2021 edition of the International Building Code. See attachment for appendixes adopted as well as a list of amendments. Page 383 of 418 ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING TITLE 9, CHAPTER 2, SECTION 2 CODES ADOPTED, SUBSECTION A AND ENACTING IN LIEU THEREOF A NEW TITLE 9, CHAPTER 2, SECTION 2 CODES ADOPTED, SUBSECTION A, AND REPEALING TITLE 9, CHAPTER 2, SECTION 8 AMENDMENTS,AND ENACTING IN LIEU THEREOF A NEW TITLE 9, CHAPTER 2, SECTION 8 AMENDMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That Title 9, Chapter 2, Section 2 Codes Adopted, Subsection A is hereby repealed and a new Title 9, Chapter 2, Section 2 Codes Adopted, Subsection A, is enacted as follows: A. International Fire Code: That certain document marked and designated as the international fire code, 2021 edition, including appendix chapters B, C, D, and H, as published by the International Code Council, Inc., be and the same is hereby adopted as the fire code of the city, to prescribe regulations consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage,handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. That Title 9, Chapter 2, Section 8 Amendments is hereby repealed and a new Title 9, Chapter 2, Section 8 Amendments, is hereby enacted as follows: 9-2-8: Amendments: The following sections of the 2021 International Fire Code are hereby revised: Section 101.1. Insert City ofWaterloo Insert a new subsection 104.7.2 Automatic Third Party Review to read as follows: All buildings with fire protection systems (sprinkler and/or fire alarm system) and a total square footage over 15,000 square feet will require a third party review. Third party shall be approved by the fire code official. Any building containing a fire pump, stand pipe system, or special detection/suppression system regardless of square footage will require a 3rd party review. Third party shall be approved by the fire code official. Insert a new Subsection 106.5 Operational Inspections to read as follows: All occupancies regulated by this code shall have initial pre-inspection conducted by Fire Code Official before business is open to the general public, and records updated to reflect new business owners. Subsection 903.4.2, Alarms, strike the first sentence to read as follows: an approved audible device, suitable for outdoor use with 110 candela visual signal, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Delete Subsection 903.4.3,Floor Control Valves in its entirety and insert in lieu thereof a new Subsection 903.4.3, Floor Control Valves as follows: Approved supervised indicating control valves and water flow alarms shall be provided at the point of connection to the riser on each floor in buildings over 15,000 square feet and 3 or more stories in height. The location of the sprinkler control valves shall be approved by the fire code official. Insert new subsection 1103.5.1.1 Occupancies that are identified as meeting the criteria set forth in Section 1103.5.1, shall be given 12 months, from the date of adoption,to bring said occupancy into compliance or have an accepted plan in place to meet this requirement. INTRODUCED: Page 384 of 418 Ordinance No. Page 2 PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3 rd CONSIDERATION: PASSED AND ADOPTED this day of 2021. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk CERTIFICATE I, Kelley Felchle, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No.—as passed and adopted by the City Council of the City of Waterloo, Iowa, on the-day of 20_. Witness my hand and seal of office this day of 20 Kelley Felchle City Clerk SEAL Page 385 of 418 CITY OF WATERLOO Council Communication 2021 International Building Code Amendment. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type ❑ Ordinance Backup Material Motion to receive, file, consider and pass for the first time an ordinance amending the 2015 Code of Ordinances of the City of Waterloo, Iowa, to adopt the 2021 International Building Code, the 2021 International Residential Code, and the 2021 International Existing Building Code by repealing and amending Title 9 Building Regulations, Chapter 1 Building SUBJECT: Code, Section 1 Building Codes Adopted and Section 2 Amendments to the Building Codes, in their entirety, and enacting in lieu thereof new Chapter 1, Building Code, Sections 1 and 2. Motion suspending the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By: Greg Ahlhelm, Building Official Recommended Action: Approve 2021 Edition of International Building Code with amendments. The Building Official has begun the process of adopting the 2021 edition of codes. Since the current Building Code is 2015, it is prudent to adopt the most current code available. The proposed codes address new Summary Statement: technologies, changes in materials and methods and advancements in production. Additionally, the proposed code is in alignment with the current State adopted code which provides a more consistent construction environment for developers, contractors and design professionals. Expenditure Required/Source of N/A Funds: Page 386 of 418 ORDINANCE NO. AN ORDINANCE AMENDING THE 20?? CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, TO ADOPT THE 2021 INTERNATIONAL BUILDING CODE, THE 2021 INTERNATIONAL RESIDENTIAL CODE, AND THE 2021 INTERNATIONAL EXISTING BUILDING CODE BY REPEALING AND AMENDING TITLE 9 BUILDING REGULATIONS, CHAPTER 1 BUILDING CODE, SECTION 1 BUILDING CODES ADOPTED AND SECTION 2 AMENDMENTS TO THE BUILDING CODES, IN THEIR ENTIRETY; AND ENACTING IN LIEU THEREOF NEW CHAPTER 1, BUILDING CODE SECTIONS 1 AND 2. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 1 Building Codes Adopted and Section 2 Amendments to the Building Code, of Chapter 1 Building Code, Title 9 Building Regulations, of the 20?? Code of Ordinances of the City of Waterloo, Iowa, are hereby repealed in their entirety; that a new Section 1 Building Codes Adopted and Section 2 Amendments to the Building Code, of Chapter 1 Building Code, Title 9 Building Regulations, of the 20?? Code of Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows: SECTION: 9-1-1: Building Codes Adopted 9-1-2: Amendments To Building Code 9-1-1: BUILDING CODES ADOPTED: Certain documents, copies of which are on file and available in the office of the city clerk of the City of Waterloo, Iowa, being marked and designated as International Building Code, 2021 Edition, (hereafter to be known as the IBC), the International Residential Code for One and Two- Family Dwellings, 2021 Edition, (hereafter to be known as the IRC), and the International Existing Building Code, 2021 Edition, (hereafter to be known as the IEBC), published in 2021 by the International Code Council, Inc. be and the same are hereby adopted as the building codes of the City of Waterloo, Iowa, for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City of Waterloo, Iowa; providing for the issuance of permits and collection of fees therefore; providing penalties for the violation of such code; and each and all of the regulations, provisions, penalties, conditions, and terms of such International Building Code, 2021 Edition, and the International Residential Code for One and Two-Family Dwellings, 2021 Edition, and the International Existing Building Code, published in 2021 by the International Code Council, on file in the office of the city clerk are hereby referred to, adopted and made a part thereof as if fully set out in this chapter and are hereby adopted by this reference. 9-1-2: AMENDMENTS TO THE BUILDING CODES: General Amendments to the IBC, IRC and IEBC: Any references to the International Electrical Code shall be amended to read currently adopted electrical code. Page 387 of 418 Ordinance No . ???? Page 2 Any references to the International Plumbing Code shall be amended to read currently adopted plumbing code. AMENDMENTS TO THE IBC Section 101 Scope and General Requirements 101.1. Insert: City of Waterloo 101.4 Reference Codes. Section 101.4.3 Plumbing. Delete the following sentence: The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems. Section 103.1 Permits 105.2 Work exempt from permit. Building: 1. "One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 120 square feet. Delete in its entirety. 2. Delete and replace with: "Fences not over 4 feet high." 10. "Shade cloth structures constructed for nursery or agricultural purposes , not including service systems." Delete in its entirety. Add the following exemptions: 14. Installation or replacement of storm windows and doors. 15. Replacement of broken glass in windows. 16. Repair or replacement of an overhead garage door when the opening remains the same size. 17. Minor wall repair in connection with Item 7. 18. Exterior arbors not over 5 foot 9 inches in height used for support of plants and not over 120 square feet in overall area. Delete in its entirety: Electrical Gas Mechanical Plumbing Section 108 Temporary Structures and Uses. Add Subsection 108.1.1: Storage containers may be used for storage of construction materials associated with construction on a construction site without requiring a temporary permit. Storage containers are not allowed to be used as permanent storage unless the structure and use conforms to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare. Page 388 of 418 Ordinance No . ???? Page 3 Section 109 Fees. Add Subsection 109.2.1: By request of the Building Official, all building permit and inspection fees shall be established by resolution of the City Council and paid prior to issuance of a permit or reinspection. See table I-B. Add Subsection 109.5.1: By request of the Building Official, plan review fees shall be established by resolution of the City Council and paid at time of permit application. Section 1612 Flood Loads 1612.3. Establishment of flood hazard areas. Delete in its entirety. 1612.4. Flood hazard documentation. Delete in its entirety. AMENDMENTS TO THE IRC Adopt Appendix AJ -Existing Buildings and Structures in its entirety. Amend the IRC as follows: Section R105 Permits R105.2 Work exempt from permit. Building. 1. Delete in its entirety and replace with: "Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 120 square feet and no taller than 10' in height measured to the highest point of the structure." 2. Delete in its entirety and replace with: "Fences not over 4 feet high." 7. Delete in its entirety and replace with: "Swimming pools that are accessory to one and two family dwellings." 10. Delete entire exemption for decks. Delete in its entirety: Electrical Gas Mechanical Plumbing R105.3.1.1 Determination of substantial improvement in areas prone to flooding. Delete this section in its entirety. TABLE R301.2 Climatic and Geographic Design Criteria amended as follows: GROUND WIND DESIGN SEISMIC SUBJECTTO DAMAGE FROM ICE BARRIER FLOOD AIR MEAN SNOW Speed ITopographicl Special lWindbourne DESIGN Frost UNDERLAYMENT HAZARDS FREEZING ANNUAL LOAD (mph) effects wind region debris zone CATEGORY Weathering line depth Termite REQUIRED INDEX TEMP 30 psf 107(48) no no no A severe 1 42" 1 Moderate yes 7/18/2011 2500 46.3 Page 389 of 418 Ordinance No . ???? Page 4 Table R302.1(1) Exterior Walls is amended as follows: Exterior Wall Element Minimum Fire-Resistance Minimum Fire Rating Separation Distance (Fire-resistance rated) 1 hour-tested in accordance Walls with ASTM E 119 or UL 263 < 3 feet with exposure from both sides (Not fire-resistance rated) 0 hours > 3 feet (Fire-resistance rated) 1 hour on the underside > 3 feet to< 5 feet Projections (Not fire-resistance rated) 0 hours > 5 feet Not allowed N/A < 3 feet Openings in walls Unlimited 0 hours > 3 feet Comply with R317.3 < 3 feet Penetrations All None required > 3 feet Section R302.13 Fire Protection of Floors - Delete this section in its entirety. Section R313. Automatic Fire Sprinkler Systems - Delete this section in its entirety. The IRC Section R322. Flood Resistant Construction- Delete this section in its entirety. The IRC Section R403.1.4.1 Frost Protection. Amend Exception 1 by deleting the exception in its entirety and replacing it with the following: "Detached accessory buildings 849 square feet or less need only have a Monolithic slab-on-ground with turned-down footing. A minimum of 12 inches deep and 8 inches wide at the base, including two #4 rebar continuous around the outside perimeter, within the top and bottom one-third of the footing." Section R408.3, Unvented crawl space, Item number 1 is amended as follows: And capped with a concrete slab having a minimum thickness of two inches. IRC Part V-Mechanical: Chapters 12 through 23. Delete these chapters in their entirety. IRC Part VI Fuel Gas: Chapter 24. Delete this chapter in its entirety. Part VII Plumbing: Chapters 25 through 33. Delete these chapters in their entirety. Part VIII—Electrical: Chapters 34 through 43. Delete these chapters in their entirety. AMENDMENTS TO THE IEBC Amend the IEBC as follows: Section 101.1. Insert: City of Waterloo Section 109.3.8. Delete "that are enforced by the Department of Building Safety". Page 390 of 418 Ordinance No . ???? Page 5 INTRODUCED: July X, 2021 PASSED 1St CONSIDERATION: June X, 2021 PASSED 2nd CONSIDERATION: June X, 2021 PASSED 3rd CONSIDERATION: June X, 2021 Page 391 of 418 Ordinance No . ???? Page 6 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the XXst day of July, 2021, and approved by the Mayor on the XXrd day of July, 2021. Mayor ATTEST: , CMC City Clerk CERTIFICATE I, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. XXXX as passed and adopted by the Council of the City of Waterloo, Iowa, on the XXst day of Jul, 2021. Witness my hand and seal of office this XXrd day of July, 2021. SEAL , CMC City Clerk Page 392 of 418 CITY OF WATERLOO Council Communication Planning and Zoning minutes of October 12, 2021. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Planning and Zoning minutes of October 12, 2021. Submitted by: Submitted By: Page 393 of 418 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING, AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. OCTOBER 12, 2021 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. via zoom, and in-person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Brandon Schoborg, Cody Leistikow, Steve Trost, Sue Flynn (arrived at 4:05), and Craig Holdiman. Members present electronically were: Patrisha Serfling. Members absent were: Virginia Wilber, Ali Parrish, and Eric Donat. Others present were: Noel Anderson—Community Planning and Development Director; Seth Hyberger and John Dornoff—Planning Department; and 9 citizens. Others present electronically: Jaime Knutson—City Engineer and Dave Boesen City Council; and one citizen. I. Approval of the Agenda It was moved by Trost, seconded by Schoborg to approve the agenda combining hearing B-1 with B-2. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on September 14, 2021. It was moved by Trost, seconded by Schoborg to approve the minutes of September 14, 2021. Motion carried unanimously. III. Financial Report August 2021 Anderson reviewed the financial report. It was moved by Trost, seconded by Schoborg to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations Dave Boesen, City Council At-Large, stated that the commission needs to look at parking in the "C-3" district because it currently does not require parking and the new apartments being built have limited to no parking. V. New Business A. Special Permits 1. Request by the Masonic Temple for a Special Permit to allow for a fraternal organization and permit the construction of a 576 square foot detached garage in the "C-1" Commercial District located at 607 Bishop Avenue. Dornoff read the staff report recommending approval of the request. Flynn asked if the neighbors have been notified and if there were any objections to which Dornoff responded that a courtesy letter was sent out to those within 250-feet and there have been no objections. Page 394 of 418 Planning and Zoning Commission October 12,2021 It was moved by Trost, seconded by Flynn to recommend approval of the Special Permit request. Motion carried unanimously. 2. Request by Martin Foundry Service, Inc. for a Special Permit to allow for a recycling yard to be located in the "M-1"Light Industrial District across from 235 Glendale Street. Domoff read the staff report recommending approval of the request with the following conditions: 1) hat the final site plan meets all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, screening, drainage, setbacks, etc.; 2) that the site is limited to the recycling of slag material, and any other use permitted in the "M-1" Light Industrial District. The site cannot be used for any other recycling,junk, or salvage yard use other than the recycling of slag material and 3) that the operation cannot use the vacated city-owned right-of-way between its property and the neighbors to the east. Flynn asked what the plans were for fencing which Domoff responded that the applicant was present and could answer what their plans were for fencing. Trost asked for confirmation that any variances would need to go to the Board of Adjustment to which Dornoff confirmed. Marlon Martin, Martin Foundry Service, Inc., 107 Sweet Water Lane, Rainbow, Alabama explained that he is the President of the company and that the company is 74 years old. The company currently works at 13 sites around the country from Texas to Iowa to Indiana and down to Georgia. The company works at steel mills and foundries to process the metal from the slag, selling the metal back in this case to John Deere. Previously the slag would have been sent to the landfill. The site in Waterloo crushes the material and it is processed into cement and asphalt at other locations. He stated that he plans to get an 8' fence that would go along the road, north side, and south side of the lot. He also stated that he has spoken to a city engineer and will develop a detention plan and have it ready in two to three weeks. Currently, two employees are working at the site and do not plan to add additional employees. The existing equipment on the site is the only equipment that will most likely be there. Stated that he would do everything that needs to be done, wants to be a good neighbor, and does not buy scrap from the public. Flynn asked if the applicant has spoken to the neighbors to which Martin responded that his supervisor has but he has not except for the owner of Quail's Salvage Yard. Trost asked for an explanation of the process the company uses and about noise, to which Martin explained the separation process and also stated there are about 25 truckloads a month heading to the facility,with the company receiving slag on Monday, Wednesday, and Friday with the separator running about an hour and 15 minutes on those three days with the engine sounding like a car engine with the loudest piece of equipment being a front loader. Flynn noted it is a large lot and asked what the plans are for snow to which Martin said he has not thought about the snow yet but noted that they are only using a fifth of the land so there is plenty of land to put it on the vacant land. Martin stated that he was also looking to put a pole building up to store some of the equipment during the winter and to be able to work on the equipment out of the elements. Deanna Messerschmidt, 353 Indiana Street, stated that she laughed when it was said that this has no negative effect on the neighborhood. She also stated that she and her husband purchased the home 3 %2 years ago in a quiet neighborhood on a dead-end street, living on a double lot with a six-foot privacy fence but since Martin Foundry Services moved in she can hear a crane, heavy equipment, and see a dust cloud over the area with the business being loud, intruding, and dirty. She collected the signatures of 259 people supporting the denial of the Special Permit with neighbors complaining about asthma and COPD who now cannot go outside and enjoy the fresh air when Martin is using their equipment. Messerschmidt gave a list of neighbors' problems with the facility. - 2 - Page 395 of 418 Planning and Zoning Commission October 12,2021 Martin noted that they only get three trucks a day and the equipment runs just over once an hour on those days and the rest of the time they are working on other things and does not understand how any soot could have gotten in people's back yards. Martin stated he would welcome anyone out there to see their operation when they are operating. Jim Makedonski, 214 Eighmey Street, stated that he is concerned about the roads because they were not designed for those types of trucks, the backup beepers on their skid loader, metal banging into trucks when they are loading it, air quality because of homes being covered in dirt, groundwater contamination, and they are not paying for using water. Makedonski further stated that two panels of this sidewalk have sunk because of the operation which has never been a problem in the 10-15 years he has been living there. They are also not certified or accredited at their plant in Kanas City, Missouri. Martin noted that in Kansas City, Missouri there is a Martin Foundry that makes sprockets and gears but has no business relationship or affiliation with his operation. Kristi Decker, 303 Glendale Street, stated that she had a fiance that worked in a steel mill for 18 years and knows people who died of cancer and other diseases due to the particles that would go into their lungs. Does not want this operation in their backyard and she cannot sell her house due to the business being located there and ruined the neighborhood. Stated she is angry that they would take a quiet residential neighborhood and turn it into a traffic nightmare with semi's rolling down the road. Don't want to see kids getting sick from the dust or hit by a truck. Jerry Makedonski, owner of 300 Glendale Street, lives at 110 Doyle Avenue Evansdale, stated that he did have the opportunity to talk to the supervisor and asked several questions including smell since the rendering works is in the area and 20 to 30 days a year the smell is horrible, and the supervisor did tell him some smell comes off the site and they try to their best to mitigate the smell. He also stated that the business did not try to do things the right way as they set up their business and when they tried to get an address is when they had to come through the Special Permit process meaning it does not sound like they do things the right way. In addition, the trucks coming up and down Glendale are a safety hazard to children on the street. He stated that he suggested to the supervisor to take the trucks one block over but the supervisor stated that their trucks could not make the corner and also noted that if they get 3 trucks a day then that is 90 a month much more than the 25 the applicant stated. Makedonski also said the City Council here is for the best of the city, the people present are here to do what is best for the city, and bringing business into the city is a good thing but the business in question will be brought in any tax revenue to the city as the company is from out of town without of town employees. Jeffrey Davis, 303 Glendale Street, stated that there is already a lot of traffic going up and down the street. Worked in a steel mill for 18 years and breathed the soot that comes off of the material and it is very hazardous. There were three supervisors at the plant that retired and died from respiratory problems and cancer. Concerned about the airborne particles that everyone will be breathing. Martin stated that yes they do get three trucks a day but they only process 3 days a week which comes out to 36 trucks a week far from the 90 stated. Schoborg asked how long the applicant has been operating at the address to which Martin responded 60 days. Messerschmidt stated that she moved here from a rural community five years ago and her family told her not to move to Waterloo because it is a dirty city and the neighborhoods are all bad but she did anyway. She called the Planning Department to put another garage on her property but could not because they already had too big of a garage so she didn't do it but the Martin Foundry Services has been allowed to operate 60 days without a permit but if she had done that she would have been stopped. Flynn asked the applicant if they were not aware they needed to follow this process to which Martin stated that in no other place they have opened have they ever had to deal with a process like in the City of - 3 - Page 396 of 418 Planning and Zoning Commission October 12,2021 Waterloo. He noted that in Indiana there are homes across the street from his operation. He is not here to cause problems. He has never had to deal with these kinds of problems but has never worked in this part of the country. Trost asked about the staff's conversation with the Iowa Department of Natural Resources (DNR) to which Anderson responded that staff did talk to the DNR to find out if there was anything from an environmental standpoint that staff should be looking at but the DNR stated so long as the material is moving regularly, not sitting for a year or more they did not have concerns. Trost also stated that the property is zoned"M-1" Light Industrial District and anything concerning recycling yards does require a special permit but noted there are several other uses this land could be used for that would not require a special permit to which Martin noted that he did check the zoning and saw that it was zoned industrial and thought it was legal for them to be there but if there is a special permit he does not have a problem and will do what he has to do. He also noted that there is a rendering plant, a salvage yard, and other industrial uses in the area that cause a lot more problems but he is the new guy and that he is from out of town. Trost noted that any new yard will need 5 acres of land and asked if this does to which Anderson responded that they do not and that was on the list of items they would need to have a variance for. Holdiman asked what was on the site before to which Anderson responded that it was the Marquart Block site that had multiple lots in the area. Messerschmidt stated that yes there is a rendering plant and a recycling yard that has been there for 50 years but Martin Foundry Services is right behind their houses and she thinks that the city would take responsibility for a respectable business to move behind their houses. Holdiman asked if the variance would be up to the Board of Adjustment to which Anderson stated yes they would. Flynn stated that the commission is the Planning and Zoning Commission, not the City Council. The commission only makes a recommendation then it goes on to the Board of Adjustment and City Council for approval to which Anderson notes the Board of Adjustment has the final say and it does not go to the City Council. Flynn asked if the staff has seen a plan for the fencing or the stormwater plan to which Dornoff stated that the applicant talked to Engineering today about the stormwater and have not seen a plan for the fence. Trost noted that the Zoning Ordinance notes several industries that would be allowed in the "M-1" district that would create noise, odors, and other externalities why does this use require a Special Permit to which Dornoff responded that staff had an extensive discussion about it between planning and engineering and noted it is very borderline if it is a recycling yard as designated in the Zoning Ordinance as when the Ordinance was written it was designed to deal with yards that receive materials from the public but because this one is dealing with the recycling of metals it fell under the Special Permit section of the Ordinance for a recycling yard. Anderson noted that Marquart used this site to break up rocks they would be creating dust and would this be recycling and reuse but the key, in this case, was that it is metal slag and does fall under the recyling Special Permit. Flynn stated that with such neighborhood opposition she would rather see a concrete plan in front of her when it comes to stormwater drainage and fencing before recommending approval. Holdiman asked Flynn if she wanted to table the matter. Serfling stated that she wants to table not deny the request. It was moved by Flynn, seconded by Leistikow to recommend denial of the Special Permit request. Motion carried 5-1 (Serfling voting Nay). - 4 - Page 397 of 418 Planning and Zoning Commission October 12,2021 B. Plats 1. Request by the City of Waterloo for the Preliminary Plat of Borwig Addition a 6-lot residential subdivision in the "R-2" One and Two-Family Residence District located south of 203 Fairfield Street. Hyberger read the staff report recommending approval of the plat request with the condition that the plat is updated and additional documents are submitted as required by staff before the request is sent to the City Council. Holdiman asked why the City of Waterloo was the applicant on the plat request to which Anderson noted that a house at 1332 Walker Street was acquired through the 657A process which included the eastern portion of the land being platted with the house and commercial building on the lot split off as separate parcels and currently being rehabilitated by a separate developer, then the city acquired the western half of the property being platted and entered into a Development Agreement with Todd Borwig to build 5 houses and sell lot 1 to a neighbor to construct a garage. The developer will be responsible for installing all the infrastructure including roads and sewer,but the current owner, the city is platting it. It was moved by Schoborg, seconded by Leistikow to recommend approval of the preliminary plat request with the condition that theplat is updated and additional documents are submitted as required by staff before the request is sent to the City Council. Motion carried unanimously. 2. Request by the City of Waterloo for the Final Plat of Borwig Addition a 6-lot residential subdivision in the"R-2" One and Two-Family Residence District located south of 203 Fairfield Avenue. Hyberger read the staff report recommending approval of the plat request with the condition that the deed of dedication is submitted prior to the final plat being sent to the City Council. Discussed under item B-1. It was moved by Schoborg, seconded by Leistikow to recommend approval of the final plat request with the condition that the deed of dedication is submitted and the plat is updated prior to the final plat being sent to the City Council. Motion carried unanimously. C. Sidewalk Vacate 1. Request by Alberta Young to vacate the sidewalk in the "R-2" One and Two-Family Residence district located at 914 Sumner Street. Domoff read the staff report recommending approval of the sidewalk vacate. Flynn asked what will happen to the sidewalk if it is vacated to which Dornoff responded that a city contractor will remove the sidewalk and sod the area where the sidewalk is and the property owner will be responsible for the cost of the work. It was moved by Leistikow, seconded by Schoborg to recommend approval of the vacate request. Motion carried unanimously. D. Appeal 1. Request by Mathew Frost to appeal the Driveway Policy prohibiting a second driveway approach on a corner lot in the "R-2" One and Two-Family Residence District located at 1200 Byron Avenue. Hyberger read the staff report recommending denial of the request. - 5 - Page 398 of 418 Planning and Zoning Commission October 12,2021 Holdiman noted in the staff report it says that driveways on corner lots are restricted to the low-traffic street and in this case, Hoover would be the street with the least amount of traffic on it so why the driveway on Byron to which Trost points out that it is was where the driveway was originally. Mathew Frost, 1200 Byron Avenue, stated that it is on the concrete company that the proper permits were not pulled and would be glad to pay the penalty to have it re-poured.Noted that his driveway out to Bryon Avenue is narrow and by having the double driveway does not have to back into Byron which is a busy street that always has cars parked on it with a lot of people speeding on Byron Avenue. Also has concerns about Byron Avenue and Hoover Street intersection being uncontrolled. Holdiman noted that the situation with the intersection needs to be taken up with the City Council to which Anderson responds that he can make a note of the situation and send it to the traffic department. Leah Stumme, 1012 Lois Lane but used to live at 1159 Byron Avenue from 2001 until 2018 and stated that if you look at the Black Hawk County Assessor's website you can see where this driveway has been there long before Frost installed the driveway and was there for two owners before Frost. Frost put his trust in a contractor that did not do his job. She also noted that she has been to the City Council many times discussing the problems with the intersection at Byron Avenue and Hoover Street. Noted that it may be against code but has been there for 18 to 20 years and this creates a much safer exit and the contractor has said they will come back and fix the depth of the driveway. Flynn stated that when she lived on Byron Avenue many years ago the driveway was there and gravel and that she disagrees with the staff report saying it has a negative effect on the neighborhood as she believes it has a positive effect on the neighborhood since Bryon Avenue is a narrow street with parking on the one side of the street and this will eliminate a danger. Trost stated that this is an unfortunate set of circumstances that over some time it was there and not knowing what the Ordinance said or changed over the years but the applicant is putting money in to replace the driveway. Trost also asked if they should consider requiring the approach off of Byron to be removed to which Holdiman stated it would be difficult for the applicant to access the garage that way. Leistikow asked if Hoover Street has a curb and gutter to which Frost answered no. Leistikow stated he would recommend approval of the request to which Anderson responded it needs to have a condition that it meets the thickness requirement. Schoborg noted that the commission may be setting a precedent and will have to be addressed again. Leistikow says that it is on the city for not putting in curb and gutter on this street since if someone would have done a random curb cut it would have been noticed sooner. It was moved by Leistikow, seconded by Serfling to recommend approval of the driveway appeal request with the condition that the driveway thickness is increased to meet the requirements of the Ordinance. Motion carried unanimously. VI. Adjournment It was moved by Schoborg, seconded by Flynn, to adjourn the meeting at 5:22 p.m. Motion carried unanimously. Respectfully submitted, 4�k� John Dornoff, Planner I - 6 - Page 399 of 418 CITY OF WATERLOO Council Communication Board of Adjustment minutes of September 28, 2021. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Board of Adjustment minutes of September 28, 2021. Submitted by: Submitted By: Page 400 of 418 MINUTES CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT REGULAR MEETING-4:00 P.M. SEPTEMBER 28, 2021 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson Condon at 4:00 p.m. via zoom, and in-person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Brad Condon, Jeri Thornsberry, John Chiles, and John Beckman. Members present electronically were: None Members absent were: April Leadley. Others present were: Aric Schroeder, John Dornoff, Seth Hyberger, and Tim Andera—Planning Department; and 20 citizens. Others present electronically: Aric Schroeder—Planning Department and 5 citizens. I. Approval of the Agenda It was moved by Thornsberry, seconded by Chiles to approve the agenda with an amendment to move item 6 to item 1. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on August 24, 2021. It was moved by Thornsberry, seconded by Chiles to approve the minutes of the August 24, 2021 meeting. Motion carried unanimously. III. Decision Items 1. Request by Rodolfo Garcia for a variance to the accessory structure size limit to allow for the construction of a 576 square foot accessory structure in addition to existing 624 square feet of accessory structures for a total of 1,200 square feet of accessory structures, 350 square feet more than allowed in the "R-2" One and Two-Family Residence District located at 4021 Homer Street. Hyberger read the staff report recommending denial of the request. Beckman asked if there were any objections on file and asked about staff comments saying 4002 Homer Street to which Hyberger answered that there were no objections and the address should be 4021 Homer Street. Chiles asked if someone else owned the lot they would be something larger than 24' X 24' to which Hyberger answered yes to which Chiles stated that the uniqueness is that it is an empty lot. Condon asked for clarification that even with the combined lots they do not meet the 6% accessory structure limit to which Hyberger confirmed. Judy Garcia, 4021 Homer Street, stated that she and her husband first bought the house and then bought the lot next door and would like to put cement down this year and build a garage next year. Stated that their existing garage is too small and will not fit their truck and if necessary they will tear down their existing garage. Page 401 of 418 City of Waterloo Board of Adjustment September 28,2021 Condon asked if they tear down their existing garage could they build a bigger garage and not need a variance, and if so why do they need this variance to which Schroeder responded that this was the first indication to staff that they wanted to tear down the existing garage and suggested that if they do intend to demolish the existing garage then a temporary variance would work. Beckman asked where the applicant plans to build the new garage if it was next to the existing garage and if the applicant was originally planning to keep the existing garage to which Garcia answered no, they are looking to put it across the driveway from the middle of the house and possibly use the existing garage as a shed. Chiles asked the applicant if they understood if they demolish the existing garage that the new garage could be bigger than they are proposing. Chiles then explained to the applicant that if they tear down the existing garage they could build a garage up to 850 square feet. Garcia then asked if they built the garage as they plan then they can also attach a carport to it to which Chiles stated so long as it stays under the 850 square feet and tear down the existing garage but if you want to wait to tear down the existing garage until the new one is constructed then they could issue a temporary variance so they could build the new garage and wait to tear down the existing garage. Schroeder stated that staff would not oppose a one-year temporary variance. Chiles asked for clarification from the applicant if they want the existing garage to go down now, or after the new one is constructed, and if 1 year from today could they have the existing garage torn down to Garcia answered that her husband will probably want it to come down after the new one is built but one year from today should be fine to have the existing garage torn down. It was moved by Chiles, seconded by Thornsberry to approve the request of Rodolfo Garcia for a temporary one-year variance to the accessory structure size limit to allow for the construction of a new accessory structure and demolishing the existing structure by October 1, 2022, in the "R-2"One and Two-Family Residence District located at 4021 Homer Street. Motion carried unanimously. 2. Request by John Hoerner for a Special Permit to allow for a storage facility in the proposed"C-2" Commercial District(property requested to be rezoned from an"R-3"Multiple Residence District to "C-2") located at 310 Upland Drive. Dornoff read the staff report recommending denial of the request. Condon asked if it was recommended for denial by the Planning, Programming, and Zoning Commission does it automatically go to the City Council and would there be more people at a nursing home than a storage facility to which Schroeder responded that stall does not necessarily transmit anything it is at the applicant's request, staff did reach out to the applicant to see if he wanted to withdraw the request due to the recommendation but staff has not heard back from the applicant although there have been communication issues with him. Schroeder then discussed the difference between traffic generated by a nursing home and a storage facility. Condon then questioned whether there should be a traffic concern to which Schroeder responded that the traffic concern comes from the fact that the building has been empty since 2013 but whether traffic would be higher than its original use is difficult to determine. Schroeder also noted that the nursing home was constructed in 1966, three years before the adoption of the Zoning Ordinance which would have questioned the use at that time however it was there so it was grandfathered in. - 2 - Page 402 of 418 City of Waterloo Board of Adjustment September 28,2021 Condon asked if a curb cut in US Highway 63 could not be done to which Schroeder stated that any additional access to US Highway 63 would be determined by the Iowa Department of Transportation but the highway is considered an accessed controlled highway with access extremely limited. Thornsberry noted that the applicant stated that the initial development would include 90 large units and 50 small units although there was no information on the actual sizes of the units. Chiles noted after talking to people who live in the neighborhood that it is not the amount of traffic that concerns them but the type of traffic with more heavy vehicles using the road. Thornsberry asked about the condition for Fairway Lane to which Schroeder responded that it is a private street owned by the property owners and the care center had an access easement to use the street and Fairway Lane was considered one of the primary access points and while staff does not know the details of the access agreement it is assumed that it transfers with the property. However, Fairway Lane is in poor condition and will need to be reconstructed. Thornsberry then asked if the applicant was aware of the stormwater issues to which Dornoff responded that the applicant's phone number is disconnected so he has emailed the applicant and explained the issues so that he is aware but the applicant has not responded. Schroeder asked if the applicant was present to which there was no response, and noted that the applicant was not present either in person or on zoom at the Planning, Programming, and Zoning Commission meeting either. Condon stated that the size of vehicles could be limited to which Chiles responds that you could but it is a moving facility and the proposal is just a bad idea. Thornsberry asked if it is the staff's responsibility to notify the neighborhood associations about these items to which Dornoff responded in addition to notifying property owners within 250-feet staff also notifies recognized neighborhood associations however there is no recognized neighborhood association that covers this area. The applicant was not present or on the zoom call. Keith Smith, 2130 Casper Avenue, stated that he also owns a lot that faces Fairway Lane that has a garage on it, thus have an interest in the ownership of Fairway Lane. Also stated that he tries to patch Fairway Lane every spring, but further explained that they own 16 to 19 feet past the western edge of Fairway Lane. Stated that 89 people signed a petition with concerns about traffic,putting a commercial business in a residential neighborhood, the value of property in the neighborhood when homes face a commercial property with a privacy fence, and stormwater detention. Explained that there is a stormwater pump at Muncie and Upland that can run weeks at a time during wetter years. Also concerned that the additional phases would not have enough retention. Condon stated he does not understand why it would still go to City Council to which Schroeder responded that the applicant is requesting to rezone the property to "C-2" Commercial District although he could not use it as a storage facility if the Special Permit is denied. Staff will contact the applicant and encourage him to withdraw but if he does not then it does need to be sent to City Council since there are other uses for the "C-2"but staff is recommending"C-P"Planned Commercial District if it would get approved so that any proposed use would have to return to the Planning, Programming and Zoning Commission for a Site Plan Amendment. It was moved by Chiles, seconded by Beckman to deny the request by John Hoerner for a Special Permit to allow for a storage facility in the proposed "C-2"Commercial District(property requested to be rezoned from an "R-3"Multiple Residence District to "C-2'9 located at 310 Upland Drive. Motion carried unanimously. - 3 - Page 403 of 418 City of Waterloo Board of Adjustment September 28,2021 3. Request by Makenzie Ruddy for a variance to the side yard setback requirements to allow for a setback of 0', 5' less than the 5'required to allow for the construction of a 10' X 24' deck located in the "R-2" One and Two-Family Residence District at 605 Summit Avenue. Dornoff read the staff report recommending approval of the request. Dornoff noted that she the signature of the neighbor approving of the request. Makenzie Ruddy, 605 Summit Avenue, stated that they are looking to put a maintenance-free deck over the existing patio. Beckman asked if the current vinyl and chain link fencing was going away and if the deck is going up to the fence to which Ruddy stated no that the fencing would not go away and the deck would not go all the way to the fence since it is believed that the fence is over the property line. Ruddy also stated that it should leave about two feet from the deck to the fence. Condon stated that if you build the deck to the property line then there will be times you have to go onto your neighbor's property and there could come a time when neighbors say you cannot do that to which Ruddy answered that is why they were planning to stay to 10 feet and if necessary remove the fence. Schroeder noted that the deck will go up to the property line but the fence is encroaching onto the neighbor's property. It was moved by Beckman, seconded by Thornsberry to approve the request by Makenzie Ruddy for a variance to the side yard setback requirements to allow for a setback of 0'9 5'less than the 5'required to allow for the construction of a 10'X 24'deck located in the "R-2"One and Two-Family Residence District at 605 Summit Avenue. Motion carried unanimously. 4. Request by Martin Foundry Services for a variance to allow for a trailer as a temporary office for 2 years located in the "M-1"Light Manufacturing District located across from 235 Glendale Street. Dornoff requested the item be tabled as it will be returning next month as a Special Permit and variance request. Justin Axley, Martin Foundry Services, noted that it is not a trailer but a storage building set up as an office. Want to have the building to put tools in and have a place to do paperwork but need an address to get electricity set up. Schroeder asked Axley if he understood that the item will be tabled since a new application has been submitted since it has been determined that use is a recycling yard which requires a Special Permit and various requirements go along with that which this site does not meet so it will need the Special Permit and several variances so a variance cannot be issued today since you cannot have a variance for a use that is not currently legal to which Axley confirms. It was moved by Chiles, seconded by Beckman to table the request by Martin Foundry Services for a variance to allow for a trailer as a temporary office for 2 years located in the "M-1"Light Manufacturing District located across from 235 Glendale Street. Motion carried unanimously. 5. Request by Damir Brakic for a variance to the accessory structure size limit to allow for a 2,400 square foot accessory structure in addition to an existing 840 square foot accessory building for a total of 3,240 square feet of accessory buildings, 1,440 square feet more than the 1,800 square feet allowed, a variance to allow a height of 18', 3' more than the 15' allowed in conjunction with a one-story - 4 - Page 404 of 418 City of Waterloo Board of Adjustment September 28,2021 home, and a variance to allow vertical metal siding, located in the "A-1"Agricultural District at 4416 Hammond Avenue. Dornoff read the staff report recommending approval of the request for size and height but denying the request for metal siding. Thornsberry asked where the structure was going to go so an image showed which included the location of the proposed building. Chiles noted that the staff does not have a problem with the size just with the siding as usual. Thomsberry asked about the historical background when it comes to the metal siding to which Schroeder responds that before the Ordinance was changed in 2006 or so when they started showing up and there was concern about their compatibility to residential neighborhoods. Schroeder noted that there have been exceptions including ones that staff has recommend approval on mainly in areas that are industrial and similar type buildings or primarily agricultural. In this case, this building is agricultural to the west but residential to the east including newly developed residential to the east, and the future land use map identifies this as residential so the metal siding is not compatible. Thornsberry followed up and asked if it is because on most homes the siding is horizontal and the metal goes vertical to which Schroeder responded it is not only the vertical some residential structures are going with more modernized vertical metal siding like the home on Ranchero Road in the City of Hudson but the actual ribbed style is primarily only used on industrial or agricultural buildings and has a significantly different look than the architectural metal panels. Dornoff noted that he received multiple calls about this item however no one specifically said they were in favor of the project or against it. The applicant was not present or on the zoom call. Vesta Ravn, 4414 Nostalgia Lane, stated that she is one of the people who live east of the property in question which is all 55+housing. She noted that Maxhelen Boulevard opens almost directly across from the driveway of the property in question and is concerned about increased traffic since they do not understand the intent of having a building that size which will house a lot more than a couple of snowmobiles, and that the applicant's automotive business will be housed in the building. During the winter when the trees are bare the building will be very visible. Not only is there the housing along Maxhelen Boulevard but also the care facilities and with the street closures and highway detours there has been a major increase in traffic. Ravn also noted that the driveway is also very steep so during winter it will be difficult to move heavy vehicles up over the hill which could create a hazard for drivers on Hammond Avenue. Condon asked Ravn if a condition of approval is that it could not be used for commercial change her mind to which Ravn responded no that they would still object to it. Randy Miller, 4408 Reflection Lane, stated that he has the same concerns as Ravn but especially about the possibility of this building being used for commercial. Noted that the applicant has multiple businesses and he hopes that they are successful. Concerned that the business will gradually move to this location and questions why someone would need a building this big when they are not a farmer. If the farmland to the south and west was his land and he needed the building for farming there would be no problem. Miller also questioned the size of the doors for the building to which Dornoff responded that he did not have building sketches but the applicant said he was going to be at least 12' high doors so they added the variance to height to be on the same side because with 12' doors the building most likely will not meet the 15' height limit. - 5 - Page 405 of 418 City of Waterloo Board of Adjustment September 28,2021 Chiles asked Miller if the building could not be used for commercial would it affect his opposition to which Miller said that it is difficult to comprehend why the applicant needs a building that big. Condon asked Dornoff was there any indication of why he needed that size of building Dornoff responded that when he found out the applicant owns a car dealership in Evansdale, he told the applicant that the building could not be used for commercial purposes and it would be noted in the staff report as such and the applicant stated it was only for personal storage. Thornsberry asked if they would need that high of a door for a Class A motorhome to which Dornoff responded that the height is to the mid-peak of the roof and the actual doors were in the 12' to 14' foot range. Condon asked if a person was a trucker could he bring his truck home to which Andera responded that the Ordinance says that they can have one cab unit but no trailers parked in residential. Thornsberry asked if the board denied the size variance request could the applicant still build another accessory structure to go up to the 1800 square feet allowed and the board could issue a variance for the metal siding to match it to the existing building to which Dornoff confirmed that he could be a building that would meet the size limits with a height of 15 feet. Beckman stated that there have been legitimate concerns brought up and it would be nice for the applicant to be here to respond to the questions about the use that were brought up to which Dornoff responded that the board could table the request. Chiles stated that while the applicant needs to be able to plead his case it is also his responsibility to be here because there are people here and he decided to not be here. Condon asked for clarification on the size of buildings he could build to which Dornoff answered he already has an 840 square foot accessory structure and he could go up to 1800 square feet total. However, Dornoff noted that when photographing the property we saw an additional accessory structure that was not showing on the county website, which will also have to be included in the total. It was moved by Beckman, seconded by Thornsberry to table the request by Damir Brakic for a variance to the accessory structure size limit to allow for a 2,400 square foot accessory structure in addition to an existing 840 square foot accessory building for a total of 3,240 square feet of accessory buildings, 1,440 square feet more than the 1,800 square feet allowed, a variance to allow a height of 18'. 3'more than the 15'allowed in conjunction with a one-story home, and a variance to allow vertical metal siding, located in the "A-1"Agricultural District at 4416 Hammond Avenue and that the comments from this meeting be included in the staff report at the next meeting. Motion carried 3-1 (Chiles voted nay). 6. Request by Scott Daggit for a variance to the hard surfacing requirements to allow for a gravel vehicular use area for a new commercial building located in the "M-1" Light Manufacturing District at 1250 West Airline Highway. Hyberger read the staff report recommending approval of the request with the following conditions: 1) that in the event the applicant was to sell the property to an industrial or commercial user or if the dwelling is demolished, the access driveway and parking areas will have to be hard-surfaced according to the specifications as outlined in the Zoning Ordinance; and 2) that the final site plan meets all applicable city, codes, regulations, etc. including but not limited to,parking, landscaping, screening, drainage, etc. Beckman asked why this proposed structure had to be built as a commercial building to which Dornoff responded that because the applicant does not live on the site the building would not be an accessory use to the primary structure which is the single-family home therefore it has to meet commercial standards. - 6 - Page 406 of 418 City of Waterloo Board of Adjustment September 28,2021 Scott Daggit, 5320 Fjord Drive, Cedar Falls, asked if there were any questions to which there were none. Daggit asked Beckman if he had a question to which Beckman stated that he did not have a question,but he is still on the fence about the request. Chiles asked if Daggit wanted the building for his own personal storage that is not at his actual home. Beckman stated that last month the applicant stated that this was a developing area and more manufacturing in the future and the applicant was planning to build this for personal use but then if it changed hands the new owner would be responsible for the hard surfacing, water detention, etc. to which Hyberger indicated that the only thing that they will still need to meet all the requirements for a commercial building except the hard surfacing if the variance is approved. Condon asked if he were to sell the property to someone who was going to live in the house then the applicant would not have to do anything to the driveway to which Dornoff confirms. It was moved by Thornsberry, seconded by Beckman to approve the request by Scott Daggitfor a variance to the hard surfacing requirements to allow for a gravel vehicular use area for a new commercial building located in the "M--1"Light Manufacturing District at 1250 West Airline Highway with the following conditions:1)that in the event the applicant was to sell the property to an industrial or commercial user or if the dwelling is demolished, the access driveway and parking areas will have to be hard-surfaced according to the specifications as outlined in the Zoning Ordinance,and 2)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. 7. Request by T.E.A.M. Builders for a variance to the accessory structure size limit to allow for a 1,944 square foot accessory structure, in addition to 1,440 square feet of existing accessory structures for a total of 3,384 square feet of accessory structures, 1,584 square feet more than the 1,800 square feet allowed, a variance to allow a height of 17', 2' higher than the 15' height allowed, and the variance to allow for metal siding in the "A-1"Agricultural District at 2761 Deere Road. Hyberger read the staff report recommending approval of the request. Michael Chapman, 2215 Norwood Street, Reinbeck, stated that they are the property owners and in favor of the request. Torn down a dilapidated garage and trying to match the neighbor's style with the metal siding. Thornsberry noted the petition presented with two people in favor of the request. It was moved by Beckman, seconded by Chiles to approve the request T.E.A.M. Builders for a variance to the accessory structure size limit to allow for a 1,944 square foot accessory structure, in addition to 1,440 square feet of existing accessory structures for a total of 3,384 square feet of accessory structures, 1,584 square feet more than the 1,800 square feet allowed, a variance to allow a height of 17'. 2'higher than the 15'height allowed, and the variance to allow for metal siding in the "A-1" Agricultural District at 2761 Deere Road. Motion carried unanimously. 8. Request by Nihad Masic for a variance to the hard surfacing requirements for the lot to the south and current city right-of-way that the applicant has requested to be vacated to the north to allow gravel vehicular use for car sales located in the "M-1"Light Industrial District at 312 Kothe Street. Dornoff read the staff report recommending approval of the request. - 7 - Page 407 of 418 City of Waterloo Board of Adjustment September 28,2021 Chiles asked if the request to vacate the city right-of-way has to go to the City Council to which Dornoff stated that the vacate had been to the Planning, Programming, and Zoning Commission but has not gone to the City Council however the planning commission did recommend denial of the request. Thornsberry asked if they have had code enforcement issues to which Dornoff responded that they do have issues with the Building Department and the Engineering Department that they need to work out plus issues with code enforcement. Condon asked for clarification on what needs the variance to the hard surfacing requirements to which Dornoff answered that 312 Kothe where their building is located is grandfathered in, the lot to the south of the building, and the lot to the north that is currently city right-of-way will need the variance. Dornoff further explained the property to the south of 312 Kothe had a house on it until at least 2002 so it would not be grandfathered in when it comes to the hard surfacing requirements. Condon noted that the aerial image shows numerous automobiles on the lot south of the business so the operation is currently in violation. Thornsberry asked if there was residential to the south of the properties to which Dornoff confirmed and noted that one of the opposition letters came from one of the residences. Nihad Masic, 312 Kothe Street, stated that the whole street is businesses from one end to the other and that they do auto sales and repairs at the location. Beckman asked the applicant if it was true that he had several citations from Code Enforcement to which Masic questioned what violations to which Beckman asked about vehicles parked around town and other violations to which Masic said he had a couple. Beckman stated that he talked to Code Enforcement earlier in the day and Code Enforcement stated that they have numerous issues with the applicant and the applicant's attempt to comply with the requirements has been almost non-existent to which Masic responded what requirements. Condon asked if they would be approved both variances and that he does not have to have it at 312 Kothe to which Dornoff responded if approved the variance for the south lot would be effective immediately the one on the north lot would be contingent on the success vacation of the right-of-way by the applicant and 312 Kothe is grandfathered in. Condon then asked how long the lot south of 312 Kothe has been gravel to which Dornoff responded that it was sometime after the house was demolished which was there until at least 2002. Chiles and Beckman both expressed concern about the applicant coming to the board when he has many current outstanding citations. Condon asked if the requests were denied then he would have to hard surface to which Dornoff confirmed. Thornsberry asked shouldn't be a separate issue on what he parks his cars on and if he is parking his cars in the street to which Beckman answered he agrees but he wants to see this cut off before it becomes a problem which he believes it will. - 8 - Page 408 of 418 City of Waterloo Board of Adjustment September 28,2021 Condon asked the applicant when he bought the lot to the south to which Masic answered that he bought the three lots including one to the east in 2013. Masic also noted that the lot to the north used to belong to the business but was purchased for the expansion of Broadway Street which at the time was US Highway 20 and that he was hoping to use the lot to the north to display the vehicles so people could see them. Chiles stated that this comes back to situations like the salvage yard that we denied their expansion because all they were trying to do was get around the citations. Condon asked if it was the same guy to which Beckman and Chiles said no. Thornsberry asked what the cars currently sit on to which Dornoff responded mostly dirt and gravel. Chiles asked Masic if he was aware that his neighbors were mostly opposed to this and read the opposition letters from Gordon Lemons at 1236 Grandview Avenue and Jacob Lehman, 1422 Ashland to which Masic responded that Lehman has always been opposed to his business being there. Chiles asked Masic if he had cars parked illegally on the street to which Masic said no there is no point in parking them in the street as they have another lot where they can put cars. Condon suggested a 2-year variance even though it is kicking the can down the street and it has been that way for a lot of years. It was moved by Beckman, seconded by Chiles to deny the request by Nihad Masic for a variance to the hard surfacing requirements for the lot to the south and current city right-of-way that the applicant has requested to be vacated to the north with the condition that the variance for the north portion that is current city right-of-way that the applicant has requested to be vacated is not effective until the successful vacation of the right-of-way and the conveyance of the land to the applicant to allow gravel vehicular use for car sales located in the "M-1"Light Industrial District at 312 Kothe Street due to the ongoing violations that Code Enforcement has been tasked with and opposition by neighbors. Motion failed 2-2 (Thornsberry and Condon voted nay). It was moved by Thornsberry, seconded by Beckman to approve the request by Nihad Masic for a temporary variance for 2 years to the hard surfacing requirements for the lot to the south and current city right-of-way that the applicant has requested to be vacated to the north with the condition that the variance for the north portion that is current city right-of-way that the applicant has requested to be vacated is not effective until the successful vacation of the right-of-way and the conveyance of the land to the applicant to allow gravel vehicular use for car sales expiring on October 1, 2023, located in the "M-1"Light Manufacturing District at 312 Kothe Street. Motion carried 3-1 (Beckman voted nay). Discussion Dornoff stated that he put on the agenda to discuss the December 28h meeting to see if there was going to be enough members present to have a meeting to which there was not. It was moved by Chiles seconded by Beckman to cancel the December 28', 2021 meeting. Motion passed unanimously. The next meeting of the Board of Adjustment will be on October 26, 2021. IV. Adjournment It was moved by Beckman, seconded by Chiles, to adjourn the meeting at 6:03 p.m. Motion carried unanimously. - 9 - Page 409 of 418 City of Waterloo Board of Adjustment September 28,2021 Respectfully submitted, l John Dornoff, Planner I - 10 - Page 410 of 418 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of October 19, 2021. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Historic Preservation Commission minutes of October 19, 2021. Submitted by: Submitted By: Page 411 of 418 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING—OCTOBER 19, 2021—4:30 P.M. The meeting was held via zoom. Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:35 p.m. Commission Members present electronically were: Ed Ottesen, Terry Stevens,Nick Hedrick, Susan Price, and Matthew Gilbert. Commission Member(s) absent were: Alice Rohret Others present electronically: John Dornoff—Planning Staff; Ed Gallagher—Grout Museum Liaison; and Kelly Martin—Community Development. Approval ofAmenda Motion made by Hedrick, seconded by Stevens to approve the agenda of the October 19, 2021, regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Stevens, seconded by Price to approve the minutes of the September 21, 2021 meeting. Motion carried unanimously. Oral Presentations None Hearings 1. Request by City of Waterloo Community Development for a Certificate of Appropriateness for various projects located at 117 Prospect Avenue. Kelly Martin from Community Development went over the project which was to replace windows at 117 Prospect Avenue and replace the paint all of which has lead-based paint. The project is being paid for by a$3.5 million grant from HUD. Motion made by Stevens, seconded by Price to approve the Certificate of Appropriateness. Motion carried unanimously. 2. Charles Pearson—Discussion of local designation for neighborhood and personal home. Charles Pearson was not present. Building Consultation N -1- Page 412 of 418 Reports 1. Main Street Ottesen reported 5 items on agenda, 1 became a discussion, and another was tabled. Tour D'Loo has been delayed until spring but is looking for volunteers to assist with it and other projects. Main Street would also like to work with the commission more during Historic Preservation Month to promote historic preservation in the area. 2. Silos and Smokestacks. No Report 3. Grout Museum Gallagher gave the Grout Museum Report. 4. Building Update No Update 5. Project Update No Update 6. Highland Hedrick noted the Postal service is trying to put in a metal community mailbox on Independence. Dornoff stated that while the postal service is exempt from most zoning codes the postal code does say they will follow the Historic Preservation Act. 7. Walnut Gilbert discussed the community forum that was held the previous Saturday with good discussion about the future of the area. Discussion Items/Possible Action Items 1. HPC Awards Banquet 2022 No Discussion. 2. School Project Stevens suggested the commission find a visual artist to help with the school art project and help promote it. -2- Page 413 of 418 3. Main Street Collaboration Ottesen mentioned again the need for volunteers and discussed Historic Preservation Month. 4. Other Collaborations Stevens stated that the NAACP is interested in cooperating with the historic commission and Ottesen suggested that they be invited to a meeting. 5. Demolitions/City-Owned Properties No Report 6. Goals and Action Plan No Report Other Discussion: Stevens wants to see East High School put on the National Register of Historic Places for the important people who attended, that the building was designed by Mortimer Cleveland and the historic events that have occurred at the school. Stevens will try to get a discussion going with the school district. Dornoff noted that there will be at least one hearing item on next month's agenda. Adi ournment Ottesen adjourned the meeting at 5:10 p.m. Respectfully submitted, )� �-- 4 John Dornoff Planner I -3- Page 414 of 418 CITY OF WATERLOO Council Communication Complete Streets minutes of September 28, 2021. City Council Meeting: 12/20/2021 Prepared: 12/8/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Complete Streets minutes of September 28, 2021. Submitted by: Submitted By: Page 415 of 418 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting September 28, 2021 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30 pm September 28, 2021, by Chairperson Cass in the Harold E. Getty Council Chambers, City Hall. Roll Call: Members present: Paul Huting, Wayne Castle, David Sturch,Anne Marie Kofta, John Dornoff, Kyle Durant(for Brian Schoon), Aric Schroeder, and Matt Schindel. Members present electronically: None Members absent were: Felicia Cass, Sandi Greco, Pat Morrissey, Will Frost, Jessica Rucker, and Greg Young. Other people attending in person: Aldina Dautovic- INRCOG. It was moved by Huting, seconded by Castle to approve the minutes of the July 27, 2021 meeting. Motion carried unanimously. 1. Waterloo Marina Improvements • Will be using part of the old John Deere Parking Lot. • There will be an extension of the Jefferson trail and other beautification of the area. • Part of the project includes the construction of a mixed-use building which will be constructed privately possibly with TIF funding. • There will not be an actual boat launch but will be for kayaks, etc. • Letting will be in December with construction next spring. 2. Authorization for the chair to submit a letter to the Iowa Department of Transportation encouraging safety improvements for bike and pedestrian crossings on US Highway 63. • Castle reported that Knutson feels it is best for the letter to go to the City Council first. • There are no safe crossings of US Highway 63 south of University Avenue. • Need a connection so people on the trail can access Kwik Star. • Possible crossing markings, extending sidewalks. It was moved by Sturch, seconded by Huting to authorize the chairperson to send a letter to the Iowa Department of Transportation. Motion carried unanimously. 3. Pedestrian Master Plan • Draft review in the next month. • No full recommendations. • Will have infill mapping. 4. Upcoming Planning Commission Agenda Review • There is a proposed sidewalk vacate at 914 Sumner Road. The section of sidewalk is an island with no other properties having sidewalks on either side of the road. Castle explained the situation with the site. There was discussion that it does not connect and likely will not connect,but also discussion that there is existing sidewalk not far to the west. The Committee did not take a position on the request. Page 416 of 418 Complete Streets Advisory Committee September 28,2021 5. MET update • MET is still working on the plan to implement the bus realignment. • Currently there are 8 routes that largely go in circles. • Routes 6 and 7 travel to Cedar Falls. • Revamp will have routes that largely travel out and back creating faster routes that are more convenient for riders and will allow the buses to be more frequent. 6. La Porte Road • AECOM is overseeing the engineering of the project. • Stakeholders will be meeting in a couple of days. • The section from Shaulis to the KOA campground is the only portion that is currently funded for development. • Wrapping up final design on the fully funded portion. 7. Wayfindin2/Sharrows on Leland • Sharrows will not be installed but bike route signs will be installed along the route. • Traffic Department does not support sharrows. 8. Other Proiect Status Updates • Shaulis o Wrapping up phase 1. o Waiting on FEMA permit for a bridge along the route is a long process. • Bridges Project o The project is out to bid with the bid opening on October 21St o Projects will start in December o Park Avenue will be the first bridge done. o The dam must be lowered first to examine the situation with mussels in the river and protect them. o The dam will not be raised in 2022. • Park Avenue Bike Signals o Signals are currently being installed. o There will need to be an education component. • US 63 Enhancements 0 300 trees to be planted. o Trail work is done. o Colored paving has been installed. • Once paving is done on Commercial Street the enchantments will be put in. • The steps have been approved as part of the Art Center parking lot. 9. Other Discussion • Dautovic will be creating an interactive bike trail map but it will not replace the paper maps. 2 Page 417 of 418 Complete Streets Advisory Committee September 28,2021 Adjournment Kofta adjourned the meeting at 2:25p.m. Respectfully submitted, John Dornoff Planner I 3 Page 418 of 418