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HomeMy WebLinkAboutCouncil Packet - 3/6/2023CITY OF %44TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, March 6, 2023 5:30 PM CITY OF WATERLOO COMMUNITY VISION PLAN 1 Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo, and then leverage that pride to communicate the City's attributes to external audiences. 2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by providing access to capital. 3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by celebrating and connecting them with the community and region at large. 4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and employers for mutual growth. 5. Crossroads Doubledown: Re -energize Crossroads Mall area into a sports/recreation themed gravitational center. 6. Power Up Downtown: Keep Waterloos core downtown evolving to meet the needs of future generals, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public is required to follow the rules listed in this article when speaking during any meeting of Page 1 of 539 the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Page 2 of 539 Roll Call. Prayer or Moment of Silence Pledge of Allegiance: Nia Wilder, Ward 3 Council Member Agenda as proposed or amended. Minutes of February 20, 2023, Regular Session, as proposed. 1. Proclamation declaring March 7, 2023, as Pastor Thad F. Thomas Day. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 30, 2023, and date of Public Hearing as April 3, 2023, in conjunction with the Waterloo Regional Airport Pavement Rehabilitation (Runway 12/30, Taxiway Alpha East, and Taxiway Echo) - Federal Aviation Administration - Airport Improvement Program, via Grant No. 3-19-0094-0056, and diret the City Clerk to publish notice. 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 30, 2023, and date of Public Hearing as April 3, 2023, in conjunction with the Waterloo Regional Airport Pavement Reconstruction of Taxiway Alpha West - Federal Aviation Administration - Airport Improvement Program, via Grant No. 3-19-0094-0056, and direct the City Clerk to publish notice. 4. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 30, 2023, and date of public hearing as April 17, 2023, in conjunction with the FY 2024 Complaint Mowing with Complaint Snow Removal Contract, and direct the City Clerk to publish notice. 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 30, 2023, and date of public hearing as April 3, 2023, in Page 3 of 539 conjunction with the FY 2023 Broadway Street and E. San Marnan Drive Reconstruction Project, Contract No. 1072, and direct the City Clerk to publish notice. 6. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 27, 2023, and date of public hearing as May 1, 2023, in conjunction with the FY2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1080, and direct the City Clerk to publish notice. 7. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 30, 2023, and date of public hearing as April 3, 2023, in conjunction with the FY 2023 Asphalt Overlay Program, Contract No. 1073, and direct the City Clerk to publish notice. 8. Resolution approving submission of the Iowa Grade Crossing Surface Repair Fund application, along with the Chicago Central & Pacific Railroad, to the Iowa Department of Transportation, in conjunction with the Rainbow Drive Railroad Crossing Surface Repair Project, with the City being responsible for the cost of traffic control and twenty -percent of the construction cost, and authorizing the Mayor to execute said document. 9. Resolution setting date of public hearing as March 20, 2023, to approve the request by South Hills Senior Living, LLC, for a Site Plan Amendment to allow for the construction of a 9,307 square foot (23 stall) parking garage in the "R-4,R-P" Planned Residence District located at 1117 Maxhelen Boulevard, and direct the City Clerk to publish notice. 10. Resolution approving the request by Michael Vandello, for tax exemptions on the construction of an interior remodel of office spaces valued at $460,000.00, for property located at 214 E. 4th Street and located in the Consolidated Urban Revitalization Area (CURA). 11. Resolution approving a Variance to the Noise Ordinance for Maria Rubio Moreno for a graduation event, to be held at Hope Martin Park from 9:00 a.m. to 9:00 p.m., on June 3, 2023. 12. Leisure Services Commission Board minutes of January 10, 2023. 13. Airport Board minutes of January 25, 2023. 14. Jared Hottle Board/Commission: Historic Preservation Commission Expiration Date: March 6, 2026 New Appointment 15. Kory Carty Board/Commission: Highway 218 Design Review Board Expiration Date: March 6, 2026 Renewal Appointment 16. Gina Jordan Burg Board/Commission: Highway 218 Design Review Board Expiration Date: March 6, 2026 Page 4 of 539 Renewal Appointment 17. Liquor Licenses a. Dollar General #10073, 3815 University Avenue, Class B Alcohol w/Sunday Sales, New - Expiration 2/29/24. b. Dollar General #4698, 2935 Logan Avenue, Class B Alcohol w/Sunday Sales, New - Expiration 2/29/24. c. El Senor Tequila Nightclu, 118 E. 11th Street, Class C Alcohol w/Sunday Sales, Renewal - Expiration 2/18/24. d. Gates Park Golf Course, 820 E. Donald Street, Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Expiration 2/29/24. e. HyVee Market Cafe' #3, 1422 Flammang Drive, Class C Alcohol w/Catering and Sunday Sales, Renewal - Expiration 3/15/24. f. Iry Warren Golf Course, 1000 Fletcher Avenue, Class C Alcohol w/Outdoor Service and Sunday Sales, Renwal - Expiration 2/29/24. g. King Star, 2035 E. Mitchell Avenue, Class B Alcohol w/Sunday Service, New - Expiration 1/19/24. h. La Mesilla Bar and Grill, 1927 Jefferson Street, Class C Alcohol w/Sunday Sales, New - Expiration 12/29/23. i. Prime Mart, 3535 Marigold Drive, Class E Alcohol w/Sunday Sales, Renewal - Expiration 1/19/24. j. Sams Club, 210 E. Tower Drive, Class E Alcohol w/Sunday Sales, Renewal - Expiration 2/29/24. k. South Hills Golf Course, 1830 E. Shaulis Road, Class C Alcohol w/Outdoor Services and Sunday Sales, Renewal - Expiration 2/29/24. I. Sycamore Convenience, 617-619 Sycamore Street, Class E Alcohol w/Sunday Sales, Renewal - Expiration 3/11/24. m. UNI Mart, 1615 Bishop Avenue, Class E Alcohol w/Sunday Sales, Renewal - Expiration 2/29/24. n. Daq King, 632 Sycamore, Class C w/Sunday Sales, Renewal - Expiration 11/9/23. o. Waterloo Bucks, 850 Park Road, Class C Alcohol/Outdoor Service, 8 months, New - Expiration 11/1/23. p. HyVee Food and Drugstore #3, 1422 Flammang Drive, Class E Liquor w/Sunday Sales, Renewal, - Expiration 2/8/24. q. Cadillac Lanes XBC, 650 La Porte Road, Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Expiration 3/27/24. 18. Motion to approve recommendation of appointment of Bradley Baldwin to the position of Combination Inspector II in the Building Inspections Department effective March 21, 2023. 19. Cigarette/Tobacco Permit New Application for The Loft, LLC, 710 Jefferson Street. 20. Exception to Burning Yard Waste Application by Kirk Gross Company to burn approximately 7.5 acres of native prairie grass located at 4646 West 4th Street in the Spring of 2023. 21. Motion approving an Exception to Burning Yard Waste application for Hawkeye Page 5 of 539 Community College to burn 14.3 acres on Hawkeye Community College campus, March 22 to May 13, 2023 between the hours of 9:00 a.m. and 5:30 p.m. PUBLIC HEARINGS 1. General Obligation Bonds - ECP-1 - The issuance of not to exceed $4,700,000.00 General Obligation Bonds for essential corporate purposes. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action. Submitted by: Bridgett Wood, Finance Manager 2. General Obligation Bonds - GCP-2 - The issuance of not to exceed $700,000.00 in General Obligation Bonds for general corporate purposes. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action. Submitted by: Bridgett Wood, Finance Manager 3. General Obligation Bonds - GCP-3 - The issuance of not to exceed $700,000.00 General Obligation Bonds for general corporate purposes. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action. Submitted by: Bridgett Wood, Finance Manager 4. General Obligation Bonds -GCP-4 -The issuance of not to exceed $700,000.00 General Obligation Bonds for general corporate purposes. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action. Submitted by: Bridgett Wood, Finance Manager 5. Proposed Allocation plan for HOME- American Rescue Plan. 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 approving the proposed allocation plan submitted by the Waterloo/Cedar Falls Consortium for HOME American Rescue Plan Program funds in the amount of $1,780,793.00, to assist individuals or households who are experiencing homelessness, at risk of homelessness, and other vulnerable populations. Page 6 of 539 Submitted by: Rudy Jones, Director 6. FY 2023 Airport HVAC Project for Airline Passenger Terminal Building - Federal Aviation Administration Airport Improvement Program Project No. 3-19-0094-0054. Hearing Cancelled - No bids received. Submitted by: Keith Kaspari, Director 7. FY 2023 Airport CCTV Project for the Airline Passenger Terminal Building - Federal Aviation Administration Airport Improvement Program, Project No. 3-19- 0094-0054. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids. Resolution approving award of bid to K & W Electric, Inc. of Cedar Falls, Iowa, in the amount of $164,500.00, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2023 Airport CCTV Project for the Airline Passenger Terminal Building - Federal Aviation Administration Airport Improvement Program, Project No. 3- 19-0094-0054, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Keith Kaspari, Director 8. Sale and conveyance of City property located at 514 Johnson Street, in the amount of $210,000.00, to Dieu Israel Kabangu. 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 accepting a deed from Hawkeye Community College for a home located at 514 Johnson Street, in the amount of $164,500.00, per the Project Addendum Agreement previously approved on April 5, 2021, and authorizing the Mayor and City Clerk to execute said document. Resolution authorizing the sale and conveyance of city -owned property located at 514 Johnson Street, in the amount of $210,000.00, to Dieu Israel Kabangu, with up to $11,000.00 in closing costs to be paid by the City of Waterloo, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Director RESOLUTIONS 1. Resolution approving the Convention and Visitors Bureau Board recommendations for funding two hotel -motel mini -grant applications for the Iowa Senior Softball Open, and the Blue Suede Memories XL Trade Show, in the amount of $5,400.00. Submitted by: Kelley Felchle, City Clerk 2. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-4 Signing and Recording of Plats, relating to the recording of Southland Page 7 of 539 Park Sixth Addition Final Plat exceeding the nine (9) months requirement from the date of City Council approval, located southeast of 2950 Southland Drive. Submitted by: Noel Anderson, Director 3. Resolution approving a request by Clapsaddle-Garber Associates, Inc., on behalf of Chris Fischels, for the Preliminary Plat of San Marnan Business Park in the "R-4, R-P" Planned Multiple Residence District and "B-P" Business Park District located west of 4041 Hurst Drive. Submitted by: Noel Anderson, Director 4. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-3(D) Application Procedure and Requirements as it relates to the approval of the final plat of San Marnan Business Park First Addition. Submitted by: Noel Anderson, Director 5. Resolution approving a request by Clapsaddle-Garber Associates, Inc., on behalf of Chris Fischels, for the Final Plat of San Marnan Business Park First Addition in the "R-4, R-P" Planned Multiple Residence District and "B-P" Business Park District located west of 4041 Hurst Drive. Submitted by: Noel Anderson, Director 6. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to the approval of the Minor Plat of a replat of a portion of Lot 47 of Behm Addition, a three -lot residential subdivision in the "R-2" One and Two Family Residence District located at 1001, 1021, and 1129 Archer Avenue. Submitted by: Noel Anderson, Director 7. Resolution approving a request by Mike Cook for the Minor Plat of a replat of a portion of Lot 47 of Behm Addition, a three -lot residential subdivision in the "R-2" One and Two Family Residence District located at 1001, 1021, and 1129 Archer Avenue. Submitted by: Noel Anderson, Director 8. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 (D) Effective Period of Preliminary Approval, relating to the approval of the Final Plat of North Crossing Third Addition to exceed the twelve (12) month requirement after the approval of the preliminary plat, located north of 501 Lakeside Street. Submitted by: Noel Anderson, Director 9. Resolution approving the assignment of rebates to Windigo Property Trust, LLC, in conjunction with a Development Agreement with Cedar Valley Warehouse, LLC, originally approved on September 4, 2012, for property located at 2830 Geraldine Road. Submitted by: Noel Anderson, Director 10. Resolution approving a Development Agreement and Minimum Assessment Agreement Page 8 of 539 with Fireworks Leasing, LLC for the construction of a 60-foot by 120-foot (7,200 SF) retail building, with a tax rebate amount of 75 percent for years one through two, and 50 percent for years three through eight, with a minimum assessment of $850,00.00, located at the southeast corner of Kimball Avenue and East Tower Park Drive, and authorize the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Director 11. Resolution approving a Professional Services Agreement with HR Green, in an amount not to exceed $27,650.00, to complete soil testing at Gates Park, and authorize the Mayor to execute said document. Submitted by: Noel Anderson, Director ORDINANCES 1. An ordinance enacting a new youth mental health protection. Motion to receive, file, consider, and pass for the second time an ordinance amending the City of Waterloo Code of Ordinances by enacting a new Chapter 12, Youth Mental Health Protection, of Title 3, Business and License Regulation. Motion to suspend the rules. Motion to receive, file, consider, and pass for the third time and adopt said ordinance. Submitted by: Jonathan Grieder, Ward 2 Council member 2. Amendment to the noise variance ordinance. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 5, Exceptions and Variances, of Chapter 5, Noise Control, Title 4, Public Health and Safety, and enacting in lieu thereof a new Section 5, Exceptions and Variances, of Chapter 5, Noise Control, Title 4, Public Health and Safety. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Kelley Felchle, City Clerk OTHER COUNCIL BUSINESS 1. Hearing on Order Assessing Civil Penalty to West Side Liquor, 919 W. 5th Street, Waterloo, Iowa 50702, and assessing civil penalty in the amount of $300.00. Submitted by: Martin Petersen, City Attorney EXECUTIVE SESSION 1. Executive Session on the purchase of Real Estate pursuant to Iowa Code Section 21.5(1)(j). ADJOURNMENT Motion to adjourn. Page 9 of 539 Kelley Felchle City Clerk Page 10 of 539 February 20, 2023 Roll Call. The Council of the City of Waterloo, Iowa, met in Regular Session in the Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, February 20, 2023. Mayor Pro Tem Ray Feuss in the Chair. Roll Call: Boesen, Nichols, Chiles, Grieder, Wilder, and Feuss, joined the meeting. Mayor Hart was absent. Prayer or Moment of Silence Pledge of Allegiance: Rob Nichols, At -Large Council Member Agenda, as proposed or amended. Jonathan Grieder/Nia Wilder that "Agenda, as proposed or amended.", be approved. Voice vote -Ayes: Six. Motion Carried. Minutes of February 6, 2023, Regular Session, as proposed. Ray Feuss/Nia Wilder that "Minutes of February 6, 2023, Regular Session, as proposed", be accepted and approved. Voice vote -Ayes: Six. Motion carried. PUBLIC COMMENTS Dwayne Eilers, 1205 1/2 Bishop Street, spoke regarding taxes, landlords, and code enforcement issues. David Youngblut, 315 Randolph Street, spoke regarding a property located at 621 2nd Street. Stephanie Strickland, 315 Brenton Cedar Falls addressed the council regarding an advocacy project for low-income housing needs. Wayne Nathan, 548 Cloverdale, addressed the council regarding pot -holes and requested they be filled. Council member Feuss explained we are expecting another large snow event, but assumes the Street Department is monitoring street repairs. Grant Petersen, 39 Pinewood Circle, Otummwa, Iowa UNI Freshman, addressed the Council as the new student government City Council liaison. Believes the City of Waterloo could do more to partner with UNI. Page 11 of 539 Todd Obadal, 124 Amity Drive, addressed the council regarding the vacated Ward 4 seat. Council member Grieder - congratulated West high sports team and stated Mr. Obadal check the record as he requested a special election for the vacated Ward 4 seat and announced he would be holding a forum on March 30, 2023, at the Waterloo Library to speak regarding City issues. Council member Chiles announced he will be holding a ward meeting focused on fiber network projects on noon, February 18, 2023, in Council chambers. Council member Nichols reminded the public of changes to Iowa Medicaid, the Unwind Project, and asked that citizens with Medicaid find out their redetermination period so they don't lose coverage and update their address. Council member Wilder announces she will be holding a Ward 3 meeting and encouraged citizens to come to City council meetings and get involved. Jonathan Grieder/Nia Wilder that the above "PUBLIC COMMENTS", be received and placed on file. Voice vote -Ayes: Six. Motion Carried. CONSENT AGENDA Jonathan Grieder/Nia Wilder that the following items on the consent agenda be received, placed on file, and approved. Roll call vote to approve consent agenda items - Ayes: Six. Motion carried. Resolution to approve the following: Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Resolution approving Finance Committee Invoice Summary Report, dated February 13, 2023, in the amount of $2,760,040.59 and February 20, 2023, in the amount of $1,587,250.66 a copy of which is on file in the City Clerk's office, together with a recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2023-098. Resolutions setting the date of public hearing as March 6, 2023, on the proposed issuance of the following bonds and instruct the City Clerk to publish notice. (Details on projects covered by each hearing are on file for review.) (a) ECP-1 - Not to Exceed $4,700,000.00 General Obligation Bonds (Essential Corporate Purpose). Resolution adopted and upon approval by Mayor assigned No. 2023-099. (b) GCP-2 - Not to exceed $700,000.00 General Obligation Bonds (General Corporate Purpose). Resolution adopted and upon approval by Mayor assigned No. 2023-100. Page 12 of 539 (c) GCP-3 - Not to exceed $700,000.00General Obligation Bonds (General Corporate Purpose). Resolution adopted and upon approval by Mayor assigned No. 2023-101. (d) GCP-4 - Not to exceed $700,000.00 General Obligation Bonds (General Corporate Purpose). Resolution adopted and upon approval by Mayor assigned No. 2023-102. Resolution approving naming financial institution depositories for the City of Waterloo, Iowa, and rescinding Resolution No. 2020-46. Resolution adopted and upon approval by Mayor assigned No. 2023-103. Resolution setting date of public hearing as March 6, 2023 to approve the FY2024 budget, and instruct the City Clerk to publish notice. The resolution was removed at the request of the Finance Department to be placed on the next Council agenda. Resolution setting date of public hearing as March 6, 2023, to review the proposed allocation plan for the HOME ARP funding in the amount of $1,780,793.00, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-104. Resolution setting date of public hearing as March 6, 2023, for the sale and conveyance of City property located at 514 Johnson Street, in the amount of $210,000.00, to Dieu Israel Kabangu, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-105. Resolution approving award of bid to PlayCore Wisconsin Inc., dba Gametime c/o Cunningham Recreation, of Fort Payne, Alabama, in the amount of $100,000.00, and approving the purchase contract in conjunction with the FY 2023 Edison Park Playground Equipment, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-106. Approval of Mayor Hart's recommendation of the following appointments: Allison Richter Board/Commission: Waterloo Leisure Services Commission Board Expiration Date: March 1, 2024 New Appointment Tim Moses Board/Commission: Waterloo Leisure Services Commission Board Expiration Date: March 1, 2024 Re -Appointment Page 13 of 539 Tom Powers Board/Commission: Waterloo Leisure Services Commission Board Expiration Date: March 1, 2024 Re -Appointment Steven Carignan Board/Commission: Cultural and Arts Commission Expiration Date: March 1, 2026 Re -appointment Darrell Taylor Board/Commission: Waterloo Cultural and Arts Commission Expiration Date: March 1, 2026 New Appointment Nilvia Reyes Rodriguez Board/Commission: Waterloo Cultural and Arts Commission Expiration Date: March 1, 2026 New Appointment Chris Bering Board/Commission: Airport Board Expiration Date: June 30, 2027 New Appointment Motion to approve the following: Change Order No. 3 with K & W Electric, Inc., of Cedar Falls, Iowa, for a net increase of $4,000.00, in conjunction with FY2022 4th Street Bridge and Dam Lighting Project, Contract No. 1054, and authorizing the Mayor and City Clerk to execute said document. Recommendation of appointment of Scott Strader to the position of Chief Plumbing Inspector in the Building Inspections Department, effective February 21, 2023. Exception to Burning Yard Waste Application by Waterloo Leisure Services to burn approximately 6 acres of prairie grasses and flowers located in the Katoski Greenbelt, north of the shelter off of W. Ridgeway Avenue between March 27, 2023 and May 31, 2023. Page 14 of 539 Exception to Burning Yard Waste Application by Waterloo Leisure Services to burn approximately 4 acres of prairie grasses located at Lloyd -Randall Park between March 27, 2023 and May 31, 2023. Complete Streets minutes of November 29, 2022. Board of Adjustment minutes of November 22, 2022. Liquor Licenses a. BP Fuel, 127 Jefferson Street, Class B Native Wine/C Beer/E Liquor w/Sunday Sales, Renewal - Expiration 5/29/2023 b. The Broken Record, 315 W. 4th Street, Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Expiration 1/20/2024 c. Doughy Joeys Peetza Joynt, 300 W. 4th Street, Class C Alcohol W/Outdoor Service and Sunday Sales, Renewal - Expiration 2/7/2024 d. Elitte Cafe' Bar, 1108 Jefferson Street, Class C Alcohol w/Sunday Sales, Renewal - Expiration 2/27/2024 e. Laid Back Social Club, 501 Independence Avenue, Class C Alcohol w/Sunday Sales, New - Expiration 1/15/2024 Cigarette/Tobacco Permit New Application for Elite Mobile, 2060 Crossroads Boulevard. Motion approved. PUBLIC HEARINGS FY24 Budget Maximum Property Tax Levy. Jonathan Greieder/Nia Wilder that the proof of publication of notice of public hearing for the FY24 Budget Maximum Property Tax Levy, as published in the Waterloo Courier on February 8, 2023, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor Pro Tem called for written and oral comments and there were none. Jonathan Greieder/Nia Wilder that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. Jonathan Greieder/Nia Wilder Page 15 of 539 that the "Resolution approving the Maximum Property Tax Askings as defined under Iowa Code Section 384.15A in the amount of $42,260,443.00, an increase in applicable collections of $5,091,360.00, or 13.69% for the budget year ending June 30, 2024" be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned Resolution No. 2023-107. Request by Friends of Faith Retirement Homes, Inc., (Friendship Village), to vacate and terminate an existing sanitary sewer easement in the "R-4, R-P" Planned Residence District located at 600 Park Lane. Rob Nichols/Nia Wilder that proof of publication of notice of public hearing, 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. Mike Young, 215 Pauline Place Waterloo, Iowa, attorney for Friendship Village, addressed the council to thank the council and city staff for their cooperation/communication throughout the project. Rob Nichols/Nia Wilder that the hearing be closed and that oral and written comments and recommendations of approval of the Planning, Programming, and Zoning Commission, be received and placed on file. Voice vote - Ayes: Six. Motion carried. Rob Nichols/Nia Wilder that "an ordinance approving a request by Friends of Faith Retirement Homes, Inc., (Friendship Village), to vacate and terminate a sanitary sewer easement in the "R-4, R-P" Planned Residence District located at 600 Park Lane ", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Rob Nichols/Nia Wilder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six . Motion carried. Rob Nichols/Nia Wilder that "an ordinance approving a request by Friends of Faith Retirement Homes, Inc., (Friendship Village), to vacate and terminate a sanitary sewer easement in the "R-4, R-P" Planned Residence District located at 600 Park Lane", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned Ordinance No. 5685. Rob Nichols/Nia Wilder Page 16 of 539 that a "Resolution approving Termination of a Sewer Easement Agreement with Friends of Faith Retirement Homes, Inc., and authorizing the Mayor to execute said document, be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned Resolution No. 2023-108. Request by Weatherfield Realty Group, LLC, for a Site Plan Amendment to construct a new 230 square foot telecommunication facility, in the M-2, P Planned Industrial District located north of 2365 Northeast Drive. Jonathan Grieder/Nia Wilder that proof of publication of notice of public hearing, 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. Jonathan Grieder/Nia Wilder that the hearing be closed and that oral and written comments and recommendations of approval of the Planning, Programming, and Zoning Commission, be received and placed on file. Voice vote - Ayes: Six. Motion carried. Jonathan Grieder/Nia Wilder that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of a new 230 square foot telecommunication facility located north of 2365 Northeast Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Jonathan Grieder/Nia Wilder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. Jonathan Grieder/Nia Wilder that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of a new 230 square foot telecommunication facility located north of 2365 Northeast Drive", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned Ordinance No. 5686. Sale and conveyance of city -owned property to Weatherfield Realty Group, LLC, in the amount of $1.00, with a Development Agreement and Minimum Assessment Agreement of $100,000.00, located north of 2365 Northeast Drive, for the construction of a new 230 square foot telecommunication facility. Page 17 of 539 Nia Wilder/Jonathan Grieder that proof of publication of notice of public hearing for the sale and conveyance of city -owned property to Weatherfield Realty Group, LLC, in the amount of $1.00, with a Development Agreement and Minimum Assessment Agreement of $100,000.00, located north of 2365 Northeast Drive, for the construction of a new 230 square foot telecommunication facility, as published in the Waterloo Courier on February 10, 2023, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, Mayor Pro Tem called for written and oral comments and there were none. Nia Wilder/ Jonathan Grieder that the hearing be closed and that oral and written comments be received and placed on file. Voice vote - Ayes: Six. Motion carried. NiaWilder/Rob Nichols that "Resolution approving Sale and conveyance of city -owned property to Weatherfield Realty Group, LLC, in the amount of $1.00, with a Development Agreement and Minimum Assessment Agreement of $100,000.00, located north of 2365 Northeast Drive, for the construction of a new 230 square foot telecommunication facility, be adopted. Council member Boesen explained he is not in favor of giving the property away for a dollar, that it is not creating economic development or jobs, and questioned how much tax revenue the property would generate. Noel Anderson, Community Planning and Development Director, explained estimated yearly tax revenue. Anderson confirmed the assessed value could be appealed in 2028, per terms of the Development Agreement, and that the owner would be responsible for maintaining the entire lot. Roll Call vote - Ayes: Three. Nays: Boesen, Chiles and Grieder. Motion failed. Todd Obadahl requested the council vote be presented orally. Mister Obadahl was asked to be seated as he was not recognized by the chair. Ray Feuss/Nia Wilder to recess at 6:14 p.m. Voice vote -Ayes: Six. Motion carried. Ray Feuss/John Chiles to return from recess at 6:18 p.m. Voice vote -Ayes: Six. Motion carried. Mayor Pro Tem explained that the Council has recently implemented new technology, that the council will slow down voting on the actions to allow the monitor to show how the council voted on each action and asked if council members voted no or plan to vote no to convey that orally to assist in transparency to the public. Request by Jason Fowler to rezone approximately 0.28 acres from "C-1" Commercial District to Page 18 of 539 "C-1, C-Z" Conditional Commercial District to construct a vehicle storage facility located east of 709 Dearborn Avenue. Jonathan Grieder/Nia Wilder that proof of publication of notice of public hearing, be received and placed on file. Voice vote - Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Jonathan Grieder/Nia Wilder that the hearing be closed and that oral and written comments and recommendations of approval of the Planning, Programming, and Zoning Commission, be received and placed on file. Voice vote - Ayes: Six. Motion carried. Jonathan Grieder/Nia Wilder that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Jason Fowler to rezone approximately 0.28 acres from "C-1" Commercial District to "C-1, C-Z" Conditional Commercial District to construct a vehicle storage facility located east of 709 Dearborn Avenue ", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Council member Boesen questioned parking, water retention, and paved surfaces. Noel Anderson, Community Planning and Development Director, responded that the owner would be required to have all three per city code, but currently, pavement is only required at the entrance as there is no building plan and no direct customers. Jonathan Grieder/Nia Wilder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. Jonathan Grieder/Nia Wilder that " an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Jason Fowler to rezone approximately 0.28 acres from "C-1" Commercial District to "C-1, C-Z" Conditional Commercial District to construct a vehicle storage facility located east of 709 Dearborn Avenue ", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned Ordinance No. 5687. RESOLUTIONS Resolution approving the request by Friends of Faith Retirement Homes, Inc., (Friendship Page 19 of 539 Village) to dedicate a 50-foot sanitary sewer easement and approve the Sanitary Sewer Easement and Encroachment Agreement", and authorizing the Mayor and City Clerk to execute said document. Dave Boesen/Rob Nichols Roll call vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-110 Resolution approving an Early Access Agreement with Weatherfield Realty Group, LLC, to allow development activities including the construction of a foundation on a portion of Lot No. 2, Northeast Industrial Park No. 1, and authorizing the Mayor and City Clerk to execute said document. Dave Boesen/Rob Nichols to table item. Voice vote -Ayes: Six. Motion Carried. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to the approval of the Minor Plat of Survey of Parcel A location north of 2365 Northeast Drive. Dave Boesen/Rob Nichols to table item. Voice vote -Ayes: Six. Motion Carried. Request by the City of Waterloo for the Preliminary and Final Plat of a Minor Plat of Survey of Parcel A, located north of 2365 Northeast Drive. Dave Boesen/Rob Nichols to table item. Voice vote -Ayes: Six. Motion Carried. Resolution approving Amendment to Development Agreement and Minimum Assessment Agreement with 3F1 Waterloo, LLC, originally approved on April 6, 2020, extending tax rebates to eight years at 50 percent and two years at 35 percent, for a total of ten (10) years of rebates and amend the minimum assessment date to December 31, 2032 for the project located at 2130 Newell Street, and authorizing the Mayor and City Clerk to execute said document. Nia Wilder/Rob Nichols Roll call vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-111. Resolution approving the Agreement for Purchase Rights with Maria and Gerry Luster of Waterloo, Iowa, for the City -owned property located west of 1919-1921 Lafayette Street, and authorizing the Mayor and City Clerk to execute said document. Rob Nichols/Nia Wilder Roll call vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-112. Resolution approving construction plans for the private sanitary sewer extension serving Union at North Crossing, as submitted by Crockett Engineering Consultants, LLC, of Columbia, Missouri, a Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Jonathan Grieder/Nia Wilder Roll call vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-113. Page 20 of 539 Resolution approving Supplemental Agreement No. 4 with Stanley Consultants, Inc., of Des Moines, Iowa, in the amount of $6,891.00, in conjunction with the FY2022 11th Street and Park Avenue Bridge Replacements, Contract No. 1013, and authorizing the Mayor and City Clerk to execute said document. Council member Chiles questioned if the project was on schedule. Jamie Knutson, City Engineer, responded the project is on schedule at this time but could change depending on spring rains and the river rising. Nia Wilder/ Rob Nichols Roll call vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-114. Resolution approving support for the submission of Intended Use Plan and updating the Facility Plan to the Iowa Department of Natural Resources for the Cattle Congress Lift Station Force Main Project. Rob Nichols/Nia Wilder Roll call vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-115. Resolution approving Lease Agreement and Memorandum of Services with UNI for use of portable staging at Young Arena and Cedar Valley SportsPlex, and authorizing Mayor and City Clerk to execute said document. Dave Boesen/Rob Nichols Roll call vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-116. Resolution approving a Snapshot Audit Agreement with SpyGlass Group, LLC, for analysis of telecommunication service accounts to seek cost recovery, service elimination, and cost reduction recommendations, and authorizing the Mayor to execute said document. Jonathan Grieder/Rob Nichols Roll call vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-117. Resolution approving the use of fireworks on July 3, 2023, between the hours of twelve o'clock (12:00) noon and eleven o'clock (11:00) p.m., in accordance with Section 5-2-13(B)(1) of the Waterloo City Code. Council member Boesen questioned if there would be adequate law enforcement available as fireworks are prohibited over the 4th of July weekend. Chief Mohlis responded that it is speculative to say if public fireworks use can be enforced but that he will staff accordingly for the week and will request volunteers. Council member Grieder indicated he would vote no as his constituents have made it clear how they feel about fireworks. Nia Wilder/Rob Nichols Roll call vote -Ayes: Five. Nays: Jonathan Grieder. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-118. Resolution approving a Joint Public Improvement Agreement with the Municipal Telecommunications Utility of the City of Waterloo, for the purpose of defining the respective Page 21 of 539 rights and obligations for joint public improvement projects, and authorizing the Mayor and City Clerk to execute said document. Rob Nichols/John Chiles Roll call vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-119. ORDINANCES An ordinance amending the City of Waterloo Sidewalk, Construction, Inspections, and Repair program. Jonathan Grieder/Nia Wilder that "An ordinance amending the City of Waterloo Sidewalk, Construction, Inspections, and Repair program.", be considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Jonathan Grieder/Nia Wilder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. Jonathan Grieder/Nia Wilder that "An ordinance amending the City of Waterloo Sidewalk, Construction, Inspections, and Repair program", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned Ordinance No. 5688. An ordinance enacting a new youth mental health protection. Jonathan Grieder/Nia Wilder that "An ordinance enacting a new youth mental health protection", be received, placed on file, considered, and passed for the first time. Roll call vote -Ayes: Five. Nays: Dave Boesen. Motion carried. Dawn Henry, 2121 W. 7th Street, addressed the council as she feels there is a need for more education in the city regarding this ordinance, that parental rights should be determined by parents and not the council. Ted Leaderman, 1758 Pinehurst Lane addressed the council regarding his experience with conversion therapy as a medical professional and his opinion if anyone is actually practicing conversion therapy in the area. Michael Bayer - 129 Prospect Circle addressed the council to object to the ordinance as he feels the public has not had adequate time or opportunity for discussion on the ordinance. Mr. Bayer expressed that this decision is not in the purview of a city council but should be left to medical professionals and parents. Page 22 of 539 Cheryl Aguilar, 4017 Cadillac, - addressed the council and asked that the children and parental rights be protected by voting no on the ordinance and that all viewpoints in the community be considered. Sam Blatt, 107 Lafayette Street, addressed the council to remind them that Waterloo has the worst score for human rights on the Municipal Quality Index and asked the council to support as the state has numerous house bills against the LGBTQ community. Kathy Mahoney, 1400 Denver Street, addressed the council regarding her understanding of conversion therapy. Mitchell DenHartog,1013 Western Avenue, addressed the council in support of the ordinance as statistics show that conversion therapy does not work and that these children and LGBTQ community need their support. Emily Settergren, 1013 Western Avenue, asked for the council's support and asked that church be kept out of state and that all children be kept safe. Jacob Tayloe, 566 Sheridan Road, addressed the council and asked that they take more time to consider the ordinance and that this paints conversion therapy with a broad brush and limits parental rights. Todd Obadal , 124 Amity Drive, addressed the council as he feels the council does not have the authority to consider the issue or that the council has taken the time for public input, education or conversations. Teresa Culpepper, 1119 Cottage Grove Avenue, Chairman of the Human Rights Commission, addressed the council to applaud their efforts to address the issue. She asked that the council support children by helping them get through whatever they are feeling instead of therapy that tells them there is something wrong with them for having these feelings. Nicole Gassmen, 408 Western Avenue, addressed the council regarding her research regarding a child that has had transition surgery. All Manning, 1020 South Hill Drive, stated he has problems with allowing a three year old to choose transition surgery, feels the ordinance is premature. Jenna Garcia, 1906 W. 7th Street, questioned where the speakers against the ordinance are obtaining their information from as Falsehoods regarding the trans community are rampant. Alberto Aguillar, 4017 Cadillac, expressed that he is distressed that this is fundamentally a Violation of human rights and violation and a violation against the creator. Casey Henry-165 Montrose, stated Waterloo is accepting of different beliefs but questions what the ordinance will accomplish and if the council has a plan for the after-effects if conversion therapy is banned. Mr. Henry feels this is a question for parents in the home not at the council level. Forrest Dillavou, 1725 Huntington Road, stated this is the parent's job not the council's, that the Page 23 of 539 council is not allowing for public discussion and pushing children into a mature decision they are not capable of making. Brooke Karns, 1533 Bertch Avenue, stated as a mother it is her job is to protect her children and their mental health and asked that the council do the same. Council member Feuss stated that he has experience with children who have transitioned and their parents. That the question of homosexuality is not a choice for these families. It's who they are and supports this wholeheartedly. Mr. Feuss stated he has some legal questions and that he is not in favor of suspending the rules. Council member Greider addressed the council and community members with regards to his experience with members of the LGBTQ plus community, the conversations and discussion moving towards passage of this ordinance and that in speaking with the kids of the LGBTQ plus community they want to be protected and want someone in authority to stand up and protect them, that these children you are normal and deserve our protection and that we will not allow for them to be abused and now is the time to do what is right and take action to protect kids. Council member Wilder stated that she has the love and support of her family as a member of the gay community and that she stands in support of the ordinance but would like to research some of the legal issues and that she will support protecting children from abuse. Council member Boesen stated he does not feel this issue is under the purview of the council and questions the legality considering passage of the ordinance and that he will vote no to suspend the rules for the next two meetings to give people in the community the opportunity to speak. Council member Chiles addressed the council with regards to his experience with a gay family member and feels that it is not our place as humans to cast judgment and doesn't believe anyone is opposed to banning conversion therapy, as Mr. Grieder defined as torture. Mr. Chiles stated conversion therapy does not work and that people can't change who people are. Mr. Chiles is concerned about the legality and believes the council needs more time to consider the ordinance. Council member Nichols stated as a health care professional, he sees that all of his colleagues in the medical profession do not support conversion therapy and through his Christian beliefs, is in support of the ordinance. Council member Greider questioned the city clerk if it is normal procedure to present ordinances on the agenda to allow suspension of the rules to pass all readings at one meeting. Kelley Felchle, City Clerk, confirmed ordinances are normally presented on the agenda with the ability to suspend the rules and pass second and third readings at the same meeting. Council member Grieder stated he will also be voting no to suspend the rules to allow further discussion from the public and council. Jonathan Grieder/Nia Wilder Page 24 of 539 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: None. Nays: Jonathan Grieder, Nia Wilder, Ray Feuss, Dave Boesen, Rob Nichols and John Chiles. Motion failed. ADJOURNMENT Rob Nichols/Nia Wilder that the Council adjourn at 7:55 p.m. Voice vote -Ayes: Six. Motion carried. Page 25 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department March 6, 2023 AGENDA ITEM TITLE Proclamation declaring March 7, 2023, as Pastor Thad F. Thomas Day. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Pastor T.F. Thomas 2023 Page 26 of 539 o t, v?-1 °dr! The Late Rev. Dr. Thad F. Thomas was born March 7, 1936; and T. ae - et cis4 '' flr Q eet - V 'z O 40 d d i. CC Wv cr ,rg b aGO xCI e o ff, .� .0c >1.41.64 al W C 0 cis•rA .�A .p v ONri.A L 0)1 t' QI C7 ed .A d c + d El 6 CI 10) 0 VI Clit et cq La 01 Z MO Cl ,: °o ° " o 'OD 61100 4 © °eel .ea eel cel + 'V "A . v .p N ++ r?o p 45 El 4:1 A L �, .a O v1 L I. el),A .� .I V 0.) �+ 0a),� C+•' s M.ci: aLsbiab4 ti) CP, ,e I.) 4:1 s., -a t4p.1 - et 0.) '11 4 = i4 g 4e w r el T.,0oO $4 L• E•G4G4 .0,-1 ' IUa rtt4o x4b... c, eel ! To A la ae w ai4 O - 0., 14 t Pastor Thomas was 1 li) r. ")1): ""Ilf:- it L'. . 1`` `1 .....I VFW' 1111, :V . 0 Page 27 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Keith Kaspari, Director March 6, 2023 Airport Department AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 30, 2023, and date of Public Hearing as April 3, 2023, in conjunction with the Waterloo Regional Airport Pavement Rehabilitation (Runway 12/30, Taxiway Alpha East, and Taxiway Echo) - Federal Aviation Administration - Airport Improvement Program, via Grant No. 3-19- 0094-0056, and diret the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approve of the request by Staff. SUMMARY STATEMENT AND BACKGROUND INFORMATION This Notice of Public Hearing is for a request to provide rehabilitative improvements to: 1. Taxiway Alpha West; 2. Taxiway Echo; and, 3. Runway 12/30. Pavement Rehab. Improvements Consist of: 1. Pavement Crack -Sealing Services; 2. Application of Pavement Preservative - Extender (to Extend the Life -Cycle of this pavement); and, 3. Provide new FAA and FAR Part-139 Compliant Pavement Markings. NEIGHBORHOOD IMPACT Staff (Airport Director) expects some impact to aircraft operators during crack -sealing, application of pavement preservative and remarking maintenance (repainting), but will do our best to minimize any negative impact to aircraft operators operating from the East Ramp Aircraft Storage Hangars the Airline Passenger terminal building; and, FBO. DATA, ANALYSIS, AND STRATEGIES N/A IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION This project is likely to take upwards of 90 to 100 calendar days to allow for the refilling of cracks with sealant / proper cure time of the pavement preservative / the remarking (physical layout) and the repainting of all FAA required pavement markings. Staff looks forward to completing this project this summer. Page 28 of 539 COMMUNITY ENGAGEMENT METHODS Staff will continue to keep airline operators and airport tenants aware of the project, and the project timelines. SOURCE OF EXPENDITURES In discussion with ALO's Consulting Engineer, and ALO's FAA Project Manager / Engineer, this project is expected to be funded via FAA Airport Improvement Program with Grant No: 3-19-0094- 0056. This project will include the use of ALO's FY-2023 and FY-2024 Airport Improvement Program (AIP) Entitlement Funds; combined with, two years of BIL Infrastructure Funds. ALTERNATIVE ACTION N/A for this request by Staff. LEGAL DESCRIPTION N/A for this request by Staff. ATTACHMENTS 1. 03 NTB - PVMNT Rehab RWY 12-30 TXWY A East TXWY E 2. 04 NPH - PVMNT Rehab RWY 12-30 TXWY A East TXWY E Page 29 of 539 NOTICE TO BIDDERS For the Taking of Construction Bids for the PAVEMENT REHABILITATION (RUNWAY 12/30, TAXIWAY A EAST, TAXIWAY E) FAA AIP 3-19-0094-056 AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 30th day of March, 2023, until 1:00 p.m. for the reconstruction of the PAVEMENT REHABILITATION (RUNWAY 12/30, TAXIWAY A EAST, TAXIWAY E) - FAA AIP 3-19-0094-056, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 30th day of March, 2023, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PRE -BID MEETING A pre -bid meeting for this project will be held on March 22, 2023, at 2:00 p.m. in the Airport Conference Room on the 2"d Floor at the Waterloo Regional Airport. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on April 3, 2023, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The work to be performed in this project shall include the following described improvements at the Waterloo Regional Airport, Waterloo, Iowa: • P-608 Asphalt Surface Treatment for Runway 12-30 outside of the Runway 18-36 Runway Safety Area • P-608 Asphalt Surface Treatment for Taxiway A from concrete limits near Taxiway B to Runway 12-30 and Taxiway E • Crack Sealing on Runway 12-30, Taxiway A and Taxiway E • Asphalt Joint Repair on Runway 12-30 • Pavement Marking Removals and Replacement for Runway 12-30, Taxiway A and Taxiway E BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and shall be completed according to the terms of the entire contract within forty-five (45) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of $500.00 per calendar day for each day in excess of the authorized contract time. FAA AIP 3-19-0094-056 NTB-1 of 7 AECOM #60695145 Waterloo Regional Airport Pavement Rehab. (Rwy 12/30, Txy A East, Txy E) Page 30 of 539 METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed, and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #8397699 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading and working with this digital project information. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $30.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive addenda or other time - sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. Upon award of project, the prime contractor, subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed ninety (90) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa and preference will be given to local domestic labor in the construction of the improvements. FAA AIP 3-19-0094-056 NTB-2 of 7 AECOM #60695145 Waterloo Regional Airport Pavement Rehab. (Rwy 12/30, Txy A East, Txy E) Page 31 of 539 PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer -generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. FAA AIP 3-19-0094-056 NTB-3 of 7 AECOM #60695145 Waterloo Regional Airport Pavement Rehab. (Rwy 12/30, Txy A East, Txy E) Page 32 of 539 LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SITE INSPECTION Bidders are expected to visit the locality of the work and to make their own estimate of the facilities needed and the difficulties attending the execution of the proposed Contract, including local conditions. TIME FOR RECEIVING BIDS Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic bids will not be considered, but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. All proposals must be received at the address indicated herein above prior to the time and date specified for receipt of bids. Bids received after the specified time and date will be returned unopened. The City of Waterloo shall not be FAA AIP 3-19-0094-056 NTB-4 of 7 AECOM #60695145 Waterloo Regional Airport Pavement Rehab. (Rwy 12/30, Txy A East, Txy E) Page 33 of 539 held responsible or accountable for delays in the delivery of any proposal by the U.S. Postal Service or other courier service. WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. MINIMUM WAGE RATES If the wage determination of the Department of Labor incorporated in the advertised specifications does not include rates for classifications deemed appropriate by the bidder, the bidder is responsible for ascertaining the rates payable for such use in accomplishing the work. No inference concerning practice is to be drawn from their omission. Further, the omission does not, per se, establish any liability to the Government for increased labor costs resulting from the use of such classifications. EQUAL EMPLOYMENT OPPORTUNITY — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. The successful Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. GOALS FOR MINORITY AND FEMALE PARTICIPATION — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables: Goals for minority participation for each trade 4.7% Goals for female participation in each trade 6.9% These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally -assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non -federally involved construction. FAA AIP 3-19-0094-056 NTB-5 of 7 AECOM #60695145 Waterloo Regional Airport Pavement Rehab. (Rwy 12/30, Txy A East, Txy E) Page 34 of 539 CERTIFICATION OF NONSEGREGATED FACILITIES — 41 CFR PART 60 A certification of Nonsegregated Facilities must be submitted prior to the award of a federally -assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally assisted construction contract awards exceeding $10,000, which are not exempt from provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making false statements in offers in prescribed is 18 U.S.C. 1001. DISADVANTAGED BUSINESS ENTERPRISE — 49 CFR PART 26 The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT - assisted contracts. In accordance with 49 CFR Part 26.45, the sponsor has established a contract goal of 8.4 percent participation for small business concerns owned and controlled by certified socially and economically disadvantaged enterprise (DBE). The bidder shall make and document good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet this established goal. DAVIS-BACON ACT, AS AMENDED — 29 CFR PART 5 The Contractor is required to comply with wage and labor provisions and to pay minimum wages in accordance with the current schedule of wage rates established by the United States Department of Labor. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION — 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. FOREIGN TRADE RESTRICTION — 49 CFR PART 30 The Bidder and Bidder's subcontractors, by submission of an offer and/or executive of a contract, is required to certify that it: 1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); 2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one of more citizens or nationals of a foreign country on said list; 3. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. BUY AMERICAN CERTIFICATE — AVIATION SAFETY AND CAPACITY ACT OF 1990 This contract is subject to the "Buy American Preferences" of the Aviation Safety and Capacity Act of 1990. Per Title 49 U.S.C. Section 50101, all steel and manufactured products installed under an AIP assisted project must be produce in the United States unless the Federal Aviation Administration has granted a formal waiver. As a condition of bid responsiveness, Bidders must complete and submit as part of their proposal the enclosed Buy American certification. Bidder must indicate whether it intends to meet Buy America preferences by only installing steel and manufactured products produced with the United State of America; or if it intends to seek a permissible waiver to the Buy America requirements. FAA AIP 3-19-0094-056 NTB-6 of 7 AECOM #60695145 Waterloo Regional Airport Pavement Rehab. (Rwy 12/30, Txy A East, Txy E) Page 35 of 539 MARKING AND MAILING BIDS Envelopes containing bids must be sealed and addressed to the City Clerk, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left hand comer as follows: Bid of (Name and Address of Contractor) for Pavement Rehabilitation (Runway 12/30, Taxiway A East, Taxiway E) - FAA AIP 3-19-0094-056. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA FAA AIP 3-19-0094-056 NTB-7 of 7 AECOM #60695145 Waterloo Regional Airport Pavement Rehab. (Rwy 12/30, Txy A East, Txy E) Page 36 of 539 This Page Left Blank Intentionally Page 37 of 539 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the PAVEMENT REHABILITATION (RUNWAY 12/30, TAXIWAY A EAST, TAXIWAY E) FAA AIP 3-19-0094-056 AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 30t'' day of March, 2023, until 1:00 p.m. for the reconstruction of PAVEMENT REHABILITATION (RUNWAY 12/30, TAXIWAY A EAST, TAXIWAY E) - FAA AIP 3-19-0094-056, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 30th day of March, 2023, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PRE -BID MEETING A pre -bid meeting for this project will be held on March 22, 2023, at 2:00 p.m. in the Airport Conference Room on the 2nd Floor at the Waterloo Regional Airport. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 3rd day of April, 2023, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo website at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 FAA AIP 3-19-0094-056 NPH-1 AECOM #60695145 Waterloo Regional Airport Pavement Rehab. (Rwy 12/30, Txy A East, Txy E) Page 38 of 539 3) Plan Room Websites: Master Builders of Iowa website: www.mbionline.com Dodge Lead website: http://dodgeprojects.construction.com/ Reed Const. Data Lead website: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The work to be performed in this project shall include the following described improvements at the Waterloo Regional Airport, Waterloo, Iowa: The work to be performed in this project shall include the following described improvements at the Waterloo Regional Airport, Waterloo, Iowa: • P-608 Asphalt Surface Treatment for Runway 12-30 outside of the Runway 18-36 Runway Safety Area • P-608 Asphalt Surface Treatment for Taxiway A from concrete limits near Taxiway B to Runway 12-30 and Taxiway E • Crack Sealing on Runway 12-30, Taxiway A and Taxiway E • Asphalt Joint Repair on Runway 12-30 • Pavement Marking Removals and Replacement for Runway 12-30, Taxiway A and Taxiway E Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 2023. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk FAA AIP 3-19-0094-056 NPH-2 AECOM #60695145 Waterloo Regional Airport Pavement Rehab. (Rwy 12/30, Txy A East, Txy E) Page 39 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Keith Kaspari, Director March 6, 2023 Airport Department AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 30, 2023, and date of Public Hearing as April 3, 2023, in conjunction with the Waterloo Regional Airport Pavement Reconstruction of Taxiway Alpha West - Federal Aviation Administration - Airport Improvement Program, via Grant No. 3-19-0094-0056, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approve of the request by Staff SUMMARY STATEMENT AND BACKGROUND INFORMATION Notice of Public Hearing is for the request by Staff for the continued pavement reconstruction of priority airfield pavements at Waterloo Regional Airport for the improvements to Taxiway Alpha West from the terminal apron to the approach to Runway 36. This project specifically will transition the pavement surface from the current asphalt to concrete - thereby allowing a long service life of the pavement. NEIGHBORHOOD IMPACT Staff (Airport Director) expects a minimal (if any) negative impact for the closure of this taxiway during the construction phase of this project. DATA, ANALYSIS, AND STRATEGIES N/A IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION This project is expected to take approximately 120-calendar days from the successful contractor's Notice to Proceed. However, due to the significant cost to this particular project, this project while bid during the late winter / early spring time frame of CY-2023, this project is expected to begin on or around the Spring or Summer of 2024, due to the ability of Staff to receive additional AIP Funds / combined with the receipt of additional allocation of BIL (Bi-Partisan Infrastructure Legislation) funds - and pending when the federal appropriations process is completed, thereby the timeline for approval by the FAA HQ office to allow the FAA Grant to be issued to the City by FAA officials located at the regional office in Kansas City. Page 40 of 539 As such, the bidding schedule as noted above, Staff's intent is to secure future economies of scale - as ALO's consulting engineer is seeing upwards of a 30% cost increase in concrete - in contrast with when ALO reconstructed Taxiway Bravo, during 2020. COMMUNITY ENGAGEMENT METHODS Airport Staff will continue to keep our airline officials and station manager, and overall airport tenants aware of the airfield construction project and timelines from project kick off to project closure. SOURCE OF EXPENDITURES This project will be funded by the Federal Aviation Administration - via FAA Grant No: 3-19-0094- 0056, with 10-Percent Matching funds (on or about $450,000) from the City of Waterloo via the FY- 2024 City bonds application - and via those bond funds plus interest being paid back by ALO's Passenger Facility Charge (PFC) program - aka the Ticket Tax as listed on each airline passenger's ticket. ALTERNATIVE ACTION N/A for this request by Staff. LEGAL DESCRIPTION N/A for this request by Staff. ATTACHMENTS 1. 03 NTB - TXWY A West - Wloo ALO 2. 04 NPH - TXWY A West-Wloo ALO Page 41 of 539 NOTICE TO BIDDERS For the Taking of Construction Bids for the RECONSTRUCT TAXIWAY A WEST FAA #3-19-0094-056 (BIL-AIP-2023) AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 30th day of March, 2023, until 1:00 p.m. for Reconstruct Taxiway A West, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 30th day of March, 2023, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PRE -BID MEETING A pre -bid meeting for this project will be held on March 22, 2023, at 2:00 p.m in the Airport Conference Room on the 2"d Floor at the Waterloo Regional Airport. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on April 3, 2023, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The project for the improvements at the Waterloo Regional Airport, Waterloo, Iowa, consists of: • Reconstruction of Taxiway A south of Taxiway B and east of Runway 18/36 with 6-inch and 12-inch Portland Cement Concrete Pavement with pavement widths varying from 35 foot to 50 foot. • Removal and replacement of a Section of the 9-inch Portland Cement Concrete in the General Aviation Apron and replacement including subbase courses. • Removal and replacement of Taxiway A in this section with Medium Intensity Edge Lights, wiring and conduit and replacement with new LED Medium Intensity Taxiway Edge Lights, new conduit and wiring, LED Runway Guard Lights and LED Guidance Signage • Subdrain installation along Taxiway A. • Pavement marking for Taxiway A BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and shall be completed according to the terms of the entire contract within one hundred -twenty (120) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of $500.00 per calendar day for each day in excess of the authorized contract time. In addition, the Runway 18/36 closure for Phase 3 work shall be limited to thirty (30) calendar days. Failure to complete Phase 3 work and re -open Runway 18/36 to traffic within the allotted time will FAA #3-19-0094-056 (BIL-AIP-2023) NTB-1 of 7 AECOM #60695167 Waterloo Regional Airport Reconstruct Taxiway A West Page 42 of 539 result in assessment of liquidated damages in the amount of $1,000 per calendar day for each day in excess of the thirty (30) calendar days allotted in the contract. It is anticipated that construction will start early to late Spring 2024. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed, and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #8397693 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading and working with this digital project information. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $30.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14' consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive addenda or other time - sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. Upon award of project, the prime contractor, subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed ninety (90) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa and preference will be given to local domestic labor in the construction of the improvements. FAA #3-19-0094-056 (BIL-AIP-2023) NTB-2 of 7 AECOM #60695167 Waterloo Regional Airport Reconstruct Taxiway A West Page 43 of 539 PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer -generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. FAA #3-19-0094-056 (BIL-AIP-2023) NTB-3 of 7 AECOM #60695167 Waterloo Regional Airport Reconstruct Taxiway A West Page 44 of 539 LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the overall contract period of 120 calendar days, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per calendar day, for each calendar day, as further described herein, in excess of the authorized time. Calendar days beyond the specified overall contract period of 120 calendar days for which Liquidated Damages will be charged will be calendar days that the contractor does or could have worked. -Partial working days will be considered as a full working day. Calendar days chargeable for Liquidated Damages will include rain days, weekends, and legal holidays. Liquidated damages will be assessed for work that is not completed within thirty (30) calendar days from the date work commences in the Phase 3 work area at a rate of $1,000.00 per calendar day. Calendar days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that calendar days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SITE INSPECTION Bidders are expected to visit the locality of the work and to make their own estimate of the facilities needed and the difficulties attending the execution of the proposed Contract, including local conditions. TIME FOR RECEIVING BIDS Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressed and identified. Unless specifically FAA #3-19-0094-056 (BIL-AIP-2023) NTB-4 of 7 AECOM #60695167 Waterloo Regional Airport Reconstruct Taxiway A West Page 45 of 539 authorized, telegraphic bids will not be considered, but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. All proposals must be received at the address indicated herein above prior to the time and date specified for receipt of bids. Bids received after the specified time and date will be returned unopened. The City of Waterloo shall not be held responsible or accountable for delays in the delivery of any proposal by the U.S. Postal Service or other courier service. WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. MINIMUM WAGE RATES If the wage determination of the Department of Labor incorporated in the advertised specifications does not include rates for classifications deemed appropriate by the bidder, the bidder is responsible for ascertaining the rates payable for such use in accomplishing the work. No inference concerning practice is to be drawn from their omission. Further, the omission does not, per se, establish any liability to the Government for increased labor costs resulting from the use of such classifications. EQUAL EMPLOYMENT OPPORTUNITY — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. The successful Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. GOALS FOR MINORITY AND FEMALE PARTICIPATION — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables: Goals for minority participation for each trade 4.7% Goals for female participation in each trade 6.9% These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally -assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non -federally involved construction. FAA #3-19-0094-056 (BIL-AIP-2023) NTB-5 of 7 AECOM #60695167 Waterloo Regional Airport Reconstruct Taxiway A West Page 46 of 539 CERTIFICATION OF NONSEGREGATED FACILITIES — 41 CFR PART 60 A certification of Nonsegregated Facilities must be submitted prior to the award of a federally -assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally assisted construction contract awards exceeding $10,000, which are not exempt from provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making false statements in offers in prescribed is 18 U.S.C. 1001. DISADVANTAGED BUSINESS ENTERPRISE — 49 CFR PART 26 The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT - assisted contracts. In accordance with 49 CFR Part 26.45, the sponsor has established a contract goal of 8.4 percent participation for small business concerns owned and controlled by certified socially and economically disadvantaged enterprise (DBE). The bidder shall make and document good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet this established goal. DAVIS-BACON ACT, AS AMENDED — 29 CFR PART 5 The Contractor is required to comply with wage and labor provisions and to pay minimum wages in accordance with the current schedule of wage rates established by the United States Department of Labor. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION — 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. FOREIGN TRADE RESTRICTION — 49 CFR PART 30 The Bidder and Bidder's subcontractors, by submission of an offer and/or executive of a contract, is required to certify that it: 1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); 2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one of more citizens or nationals of a foreign country on said list; 3. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. BUY AMERICAN CERTIFICATE — AVIATION SAFETY AND CAPACITY ACT OF 1990 This contract is subject to the "Buy American Preferences" of the Aviation Safety and Capacity Act of 1990. Per Title 49 U.S.C. Section 50101, all steel and manufactured products installed under an AIP assisted project must be produce in the United States unless the Federal Aviation Administration has granted a formal waiver. As a condition of bid responsiveness, Bidders must complete and submit as part of their proposal the enclosed Buy American certification. Bidder must indicate whether it intends to meet Buy America preferences by only installing steel and manufactured products produced with the United State of America; or if it intends to seek a permissible waiver to the Buy America requirements. FAA #3-19-0094-056 (BIL-AIP-2023) NTB-6 of 7 AECOM #60695167 Waterloo Regional Airport Reconstruct Taxiway A West Page 47 of 539 MARKING AND MAILING BIDS Envelopes containing bids must be sealed and addressed to the City Clerk, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left-hand comer as follows: Bid of (Name and Address of Contractor) for Reconstruct Taxiway A West, FAA Project No. 3-19-0094- 056 (BIL-AIP) Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA FAA #3-19-0094-056 (BIL-AIP-2023) NTB-7 of 7 AECOM #60695167 Waterloo Regional Airport Reconstruct Taxiway A West Page 48 of 539 This Page Left Blank Intentionally Page 49 of 539 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the RECONSTRUCT TAXIWAY A WEST FAA #3-19-0094-056 (BIL-AIP-2023) AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 30th day of March, 2023, until 1:00 p.m. for Reconstruct Taxiway A West, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 30th day of March, 2020, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PRE -BID MEETING A pre -bid meeting for this project will be held on March 22, 2023, at 2:00 p.m. in the Airport Conference Room on the 2nd Floor at the Waterloo Regional Airport. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 3rd day of April, 2023, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo website at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 FAA #3-19-0094-056 (BIL-AIP-2023) NPH-1 AECOM #60695167 Waterloo Regional Airport Reconstruct Taxiway A West Page 50 of 539 3) Plan Room Websites: Master Builders of Iowa website: www.mbionline.com Dodge Lead website: http://dodgeprojects.construction.com/ Reed Const. Data Lead website: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The work to be performed in this project shall include the following described improvements at the Waterloo Regional Airport, Waterloo, Iowa: • Reconstruction of Taxiway A south of Taxiway B and east of Runway 18/36 with 6-inch and 12-inch Portland Cement Concrete Pavement with pavement widths varying from 35 foot to 50 foot. • Removal and replacement of a Section of the 9-inch Portland Cement Concrete in the General Aviation Apron and replacement including subbase courses. • Removal and replacement of Taxiway A in this section with Medium Intensity Edge Lights, wiring and conduit and replacement with new LED Medium Intensity Taxiway Edge Lights, new conduit and wiring, LED Runway Guard Lights and LED Guidance Signage • Subdrain installation along Taxiway A. • Pavement marking for Taxiway A Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 2023. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk FAA #3-19-0094-056 (BIL-AIP-2023) NPH-2 AECOM #60695167 Waterloo Regional Airport Reconstruct Taxiway A West Page 51 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Martin Petersen, City Attorney Code Enforcement Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 30, 2023, and date of public hearing as April 17, 2023, in conjunction with the FY 2024 Complaint Mowing with Complaint Snow Removal Contract, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approve specifications, etc., and taking bids and set the date of bid opening, hearing and award of contract. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Dependent upon the upcoming contractor bids. Code Enforcement Other Contractual Services Line Item 525-15-5125-1390. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 52 of 539 ATTACHMENTS 1. FY24 Complaint Mowing with Complaint Snow Removal Contract Page 53 of 539 Proper Order — F 2024 Complaint Mowing with Complaint Snow Removal Documents a. Cover Page b. Notice to Bidders c. Instruction to Bidders d. General Conditions e. Specifications f. Bid Form g. Statement of Bidders Qualifications h. Bid Bond i. Non -Collusion Affidavit of Prime j. Non -Collusion Affidavit of Sub k. Equal Opportunity Clause Page 54 of 539 REQUEST FOR PROPOSALS FY 2024 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL The City of Waterloo is soliciting proposals to provide equipment and labor for mowing of City of Waterloo complaint properties and removal of snow from complaint properties the "Services") on a scheduled or as -needed basis. All proposals shall include a complete price quote Conditions governing the Services are contained to Exhibit "A', the proposed form of Contract, attached to this RFP and by this reference incorporated herein_ A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, March 30, 2023 at 1:00 p.m, Central Time (our clock) in order to be considered. The City Clerk's office is located at 715 Mulberry St., Waterloo. Iowa 50703_ Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation "SEALED RFP FOR FY 2024 MOWING AND SNOW REMOVAL," and the name of the company submitting the proposal_ The City is not responsible for delays occasioned by the U.S, Postal Service, the internal mail delivery system of the City. or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. Proposals will be opened on Thursday, March 30, 2023, at 1:00 p.m. Central Time in the Council Chambers at City Hall. 7/5 Mulberry Street, Waterloo, The main purpose of this opening is to reveal the names) or the Proposer(s), not to serve as a forum for determining the awarded proposai(s). B. SCOPE OF SFRVIUES Services to be performed by the successful respondent (the "Contractor"") for the City will be those described in the form of Contract attached hereto as Exhibit 'A" and the Specifications, which generally include but are not firnited to mowing complaint properties on an as -needed basis_ and removing snow and ice from complaint properties on an as -needed basis_ . REQUIRED INFORMATION: 1. See the Waterloo Code Enforcement Department bid form. All bids must be submitted on said bid form_ 2, important Exceptions to Contract Documents — The Proposer shall clearly state in the submitted proposal any exceptions to. or deviations from, the minimum proposal requirements_ and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals_ Companies are cautioned that exceptions taken to this REP may cause their proposal to be rejected. 3. Incomplete Information — Failure to complete or provide any of the information requested in this RFP may result in disqualification by reason of non -responsiveness. RFP FON FY 2DN COriri.mhT MOWING \ITR COMPF,A[N3' S!4ow REMOVAL r..Page 55 of 539 D. AWARD OF CONTRACT 1- Final selection of a contractor will be made of the responsive and responsible firm whose proposal- conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed end the specifications set forth herein, The City will evaluate proposals in light of all factors it considers relevant, including but not limited to price, prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals. nature and quality of facilities, and other information provided by the proposer in response to this RFP. 2. The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (50) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an "all or none' proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 4 A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evacuators in the evaluation- 5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council, 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit A. 7- In the event a contract is terminated between both parties for any said reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the City Clerk's Office on Thursday, March 30, 2023. E. MISCELLANEOUS 1. Questions regarding Code Enforcement will be directed to Maria Downing in the Code Enforcement Department, 319.291.3820, Monday through Friday from 7;00 a.rri. to 3;DQ p.m. 2. This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. F GENERAL TERMS AND CONDITIONS OF PROPOSAL 1. LANGUAGE=, WORDS USED FNTERQHANGEABLY—The ward CITY refers to the CITY OF WATERLOO, IOWA throughout These Instructions and Terms and Canditinns Similarly, PROPOSER refers to the person or company submitting an offer to sell ds goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2 PROPOSEQUALIF1CATlOHS - No Proposal shall be accepted from, and no contract will be awarded to, any person, hrrn or carporauon that is in arrears to the City upon debt or contract. that is a defaulter- as surety or otherwise, upon any obligation to the City. or that iS deemed irresponsible or unreliable by the City if requested, Proposers shall be required la submit Satisfactory evidence Uiat they have a practical knowledge of the particular supply/service proposal and that they have the necessary fFrranciat resources to provide the proposed supplyrservice as described in this Request for Proposal. 3 SPEOJF'ICAT1ON DEVIATIONSLThE PROPOSE - Any deviation. from this specification MUST be noted in detail. and submitted in writing in the Proposal Completed specifications should be attached for any substitutions offered, or when amplifiralions are desirable or nsoessary. The absence of the specification. deviation Statement and accomfya trying spacific.ations will hold the Proposer strictly acCountabls to the specifiCahons as written herein. Failure to submit this document of specification deviation. if applicable, shall be g rou nds far refection of the rtern when offered for delivery. Ifapecifications or descriptive papers are submitted with Proposals the Proposer's name should be Dearly shown on each document 4 SPEC IFFC-ATION CHANGE$, ADJIQNs AND DELETIONS . AM changes rn PropoSBl documents Shall be through written addendum Verbal information obtained otherwise will MOT be considered in awarding of Proposers RFF FoR FY 2u2.1 ccmPLAIN2 MOwrrio WIT]i i:OMPLA1NT SNOW REMOVAL r Page 56 of 539 5. PR POSAL C-IAj'iGE9 - Proposals. amendments thereto, Or withdrawal requests received after the time advertised f03 Proposal opening. will be void regardless ❑fwhen they were mailed 6 HOLD_LIARMLE , AGREEMENT - "The Contractor agrees to protect. defend, indemnify and hold harmless the City of Waterloo. its officials, officers, employees and agents. from and against any and all Claims and damages of every kind and nature male, rendered or incurred by or in behalf of every person or company whatSOaver, including the parties hereto and Iheir employees, that may once, occur, or grow Out of any acts, actions. work or other activity done by the COritrador. q9 employees, subcontractors Or any andependant Contractors working under the direction of either the Contractor or subcontractor in the performance of the contract. 7. PROPOSAL CURRNCYILANGUAGE -AI! proposal pries shall be shown in US Dollars {$) All prices trust remain firm for the duration of the Contract regardless of Isle exchange rate. All proposal responses must be submitted an English S. PAYMEIM Payments will be made for all goodslservices delivered mspec#ed and accepted within 30 days after acceptance and on receipt of an original invoice. 9. MQDIFICAMIC ADDENDA & IH�T RPRETAT1ONS - Any app irenl inconsistencies, or any mailer requiring explanation of interpretation, must be inquired into by the Proposer in writing at least 73 hours {excluding weekends and holidays) prior to the lime set for the Proposal opening. Any and all such interpretations or modifications wilt be in the form of written addenda. All addenda shall become part of the contract documents and SI1a II be acknowledged and dated on the signature page. 10 LAWS AND REGULATIQ - All applicable Static of Iowa and federal laws, ordinances. licenses and regulations of a governrrrental body having lun9diction shall apply to the award throughout as the case may be. $rid are ineorporafed herein by reference 1 t I4JBCOHTRACTING - No portion of this Proposal may be sub -contracted without the prior written approval by the City 12. ELECTRONIC - Telegraphic a rldfar proposal offers sent by electronic devices {e.g facsimile machines} are not aCOeptable and will be rejected upon receipt Proposers will be expected to allow adequate time 1oi- delivery of their proposal either by airfreight. postai service. or other means. 13 CANCELLATION - Either rparty may cancel the contract Fri the event that a petition either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event That such party makes an assignment for the benefit of creditors 1-0 ASSJHh1ENT - Proposer shall not assign the contract 0{ any morales lv became due thereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shag! be void. TARE§ - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from irlvoiceg before payment is made. 16, PROP L INF RMATIDN IS PUBLIC - All documents Submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the 'Iowa Open Records Lary By subrnihing arty document to the City of Waterloo in connection with a proposal, the Submitting party recognizes this and waives any clam) against the City of Waterloo and any of its officials, officers and employees relating to the release of any document or information submitted. Seth submitting party shall hold the City of Waterloo and its offioials. officers and employees harmless frorrr any claims arising from the release of any document or information made available to the CO of Waterloo arising from any Proposal opportunity RFP FOk nr 2024 COMM .ANT MOWING W1TI1 COMPLAIN I' .SF. W REMOVAL t Page 57 of 539 EXHIBIT A CONTRACT PROVISIONS CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT CONTRACT for `Y 2024 COMPLAINT MOWLNG WITH COMPLAINT SNOW REMOVAL This Contract for Complaint mowing and Snow removal (the "Contract") is made and entered into on 2023, by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor"), i . The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform al I work required for the Contract work as described in the Specifications. 2, The Contract Documents shall consist of the following: a. This Contract h_ Request for Proposals c. Notice of Hearing d. Instruction to Bidders e. Signed copy of Bid t; General Conditions g. Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provisionin question shall be govern. 3_ The Contractor agrees to commence the work within twenty-four (24) hours after the City issues a "Notice to Proceed„ and to complete the work within the given timeframe_ Time is of the essence in the performance of duties under this Contract_ The Contractor also agrees to the following: a) The Contractor will remove all litter, garbage, or junk on vacant lots and/or vacant properties that would be cause the Contractor not to be able to fulfill the obligation of weed/grass or snow removal at their own cost. b) Contractors will abide by ordinance sections a. 7-1-2B( I) Contractors will not be permitted to transfer snow onto or across any city street or alley. In the event snow is transferred into the street, it shall be removed by the Contractor, b, 7-1-2F Contractors will not be permitted to blow w eedsfgrass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor c) Contractors shall bag all weedslgrass taller than 12" in residential areas and dispose of the rubbish properly. Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa. RFP FOR FY 20A COMP1.nrnrr tvlovataG ware COMPLAINT show REMOVAL - PROPOSED CONTRACT - rut.: Page 58 of 539 a, No branches may exceed two and one-h 1 inches (2':") in diameter and three and one-half feet (3 %') in length. b. No Togs or full sized trees. c. Must provide proof of identification upon arrival at the yard waste site. List of employees identification must be pre -approved and on file with the Code Enforcement department before dropping oft d. Yard waste drop off may only be utilized Monday through Friday, no exceptions. d) All loads being transported on city streets must be covered and contained. Ordinance 4 A-4. e) Contractors are not to mow or trim any flowers or teens unless specified by the Code Enforcement Department- t) Contractors will trim around all trees, telephone poles, fences. structures. curbs and on the backside of alleys- g) Contractors must have a camera that will time stamp and date photos. Photos must be taken of the property before work begins and when the work is finished. h) Contractors will be provided with a yardstick that must be used to measure the length of the grass in each set of photos taken while at a property- i) Referrals may only be completed between 6:O0m — 8:o0pm. j) The City of Waterloo will not be obligated to pay the fall amount for referral work when all necessary photos required by the Contractor have not been turned into our office. k) In the event the Code Enforcement Department finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. 1) During snow removal, the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal- In the event the ice is unable to be removed the Contractor will be required to lay down sand, salt, or a mixture of both. m) Charges for sand, salt or both will be determined by following: The owner shall be charged $1 5 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk per residence. if the property is located on a corner lot the owner of the property shall be charged $30 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk provided that ice removal is needed on both sidewalks, prior approval is required in the event you feel additional salt is necessary. n) Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Code Enforcement Department. o) The owner shall be charged one amount of 15 minutes travel time in addition to all other fees applied per referral- p) Completed referrals must be turned into our office every two (2) weeks with paperwork and photos for review. q) Any completed referral paperwork turned in after fourty-five (45) days will be subject to non- payment. r) Properties found in compliance upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor. s) Unless prior approval has been given, the City of Waterloo will only be obligated to pay for the work of two people per referral. 4- The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights, and signals during all hours of darkness. 5. Except as to any negligence of City. its officials. officers. employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor. Contractor agrees to defend and indemnify City, its officials, officers. employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expensc;s, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. RFP FOR FY 2024 COMPLAFNC MOWING WITH COMPLAWT SNOW REMOVAL - PROPOSEDLONTR.ACT - Fs' Page 59 of 539 6_ Contractor shall be responsible for ail damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7_ The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City, 8, The City, at its sole discretion and without waiving any claims or rights, may allow For partial payment for the work included on an invoice for which all services have not been delivered or accepted, The City may withhold payment for reasons including„ but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, Failure to comply with material provisions of the Contract, third - party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9, hi the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice or termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice, in the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times, hi the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City, 10. in addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties, City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (21 ) days' advance written notice of termination, 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City, 12, Because time is of great importance when completing referral work, the Contractor must notify the City of Waterloo at least two (2) weeks in advance including who will be firing in For them for any planned time off. 13. Any notice udder this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 71 5 rviulherry St. Waterloo, Iowa 50703 Attn: City Clerk Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above, RFP FOR FY2024 COMFLAINI mow1NO WITH Cc NAM ATNT SNOW REMOVAL. PROPOSED CONTRACT - F^a.,Page 60 of 539 14. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture. partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15, This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. [n the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. if, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, them such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof This Contract may not be modified or amended except by the mutual written agreement of the parties, 18. hi consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A" attached hereto, IN WITNESS WHEREOF. the parties have executed this Contract for Complaint Mowing and Snow Removal by their duly authorized representatives as of the date first set forth above_ CITY OF WATERLOO, IOWA CONTRACTOR Mayor City Clerk Name of Contractor By: Title: RFp rtiit FY202a coMPL Arun- riowruo wirrr corvar..anNT sNow aEmov.,L, • FRoPOsEDCONTACT - ft:Page 61 of 539 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BW i) DERS far FY 2024 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 7 I 5 Mulberry St, Waterloo. Iowa, on or before Thursday, March 30, 2023, until 1:00 p.m, for the FY 2024 COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVAL as described in the plans and specifications now on file m the City Clerk's office and the Code Enforcement Department, OPENING OF BIDS All proposals received for the FY 2024 COMPLAiNT MOWING WITH COMPLAINT SNOW REMOVAL will be opened in the second floor Council Chambers at City Hall, Waterloo, Iowa, on Thursday, March 30, 2023, at 1:00 p.m., and the proposals will be referred to the Code Enforcement Department for recommendation of award, The bid opening will be livestreamed an YouTube and made available on the City website, PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the FY 2024 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL at the City Council Meeting, Monday, April 17, 2023, The hearing will be held in the City Council Chambers in Waterloo City Hall. The contract documents are an file in the City Clerk's office, 715 Mulberry St_, and the Code Enforcement Department, 626 Mulberry Street, Waterloo, Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor, equipment and materials necessary to mow and/or remove snow from the designated areas in accordance with these specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately April 24, 2023, through March 3I, 2024. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Code Enforcement Department. The bidder shall bid an a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID S :CURITY REOUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the taws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United Slates or the State of Iowa. or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.O0), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing and snow removal work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as greed liquidated rranti TO e]DOExs Palm 1or2 Page 62 of 539 damages. If a bid bond is used. it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The Code Enforcement Department has divided the contract into four (4) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per -option or a total basis, is most advantageous to the City, and the Code Enforcement Department price and other factors considered- The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and the Code Enforcement Department such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts ofa specific bid. AFFIRMATIVE ACTiON PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRASTOR Payment to the contractor for services performed shall be paid an a monthly basis- Payments shall be based on the actual number of acres mowed during the previous period. A detailed bill of completed work must be received and approved by the Code Enforcement Department for Complaint Mowing with Complaint Snow Removal located at 626 Mulberry St., Waterloo, Iowa before payments will be made. Actual number of acres mowed must agree with numbers recorded by the Code Entbrcernent Department. The billing shall include: • Address of properties • Pictures of properties prior to mowing/snow removal • Pictures of properties when mowing/snow removal completed • Fence line pictures of neighboring properties, (claiming damage protection) • Pictures to be dated & time stamped ■ Area or time billed for (depending on bid proposals) ■ Extra material used (salt) Published by order of the City Council of said City of Waterloo. Iowa, on the day of 2023 City of Waterloo, Iowa, Kelley Felchle, City Clerk v(1TE{'F Ti7 E3fi)E):`KS Page 63 of 539 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT INSTRUCTION TO BIDDERS E. EXPLANATION TO BIDDERS My explanation desired by a bidder regarding the meaning or interpretation of the Request for Proposals must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids, Any interpretation made will be in the form of an amendment of the Request for Proposals and will be Furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Bid Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding, II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Code Enforcement Department. Before submitting a bid, each bidder shall carefully read the specifications and ail other contract documents, Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost (dal] items necessary to perform the work as set forth in the contract documents, No allowance will be made to any bidder because of lack of such examination or knowledge_ The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full, M. LATE BIDS AND M DIF'I(ATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Proposals and Notice to Bidders after the exact time set for closing of bids will not be considered_ However, a modification which is received from an otherwise successful bidder, and which makes !hc terms oflhc bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids, IV. PUBLIC ,PENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Proposals and Notice to Bidders. Their content will be made public for the information of bidders and others interested who may attend the opening virtually, V. COLLUSIVE AGREEMENT, A, Each bidder submitting a bid shall execute and include with the bid, a Non-Coilusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. INSTRUCTION To BIDOERs Pg I s l' 3 Page 64 of 539 B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid., a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBEAVBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE'WBE Contract Compliance Program. City of Waterloo ContractCompliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers. subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo_ The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by perms residing in the project area. ♦'III. STATEMENT OF BIDDER'S OUALIFICATIONS Each Bidder shall, upon request of the Code Enforcement Department submit on the form furnished a statement of the Bidders qualifications, hiss lher experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement_ The Code Enforcement Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Code Enforcement Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Code Enforcement Department that the Bidder is qualified to carry out properly the terms of the Contract. 1. CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the farm included in the contract documents in such number of copies as the City, may require. B. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not Tess than the amounts specified in the fieneral Conditions. The certificate of insurance shall be Furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional blamed insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The NM -RUCTION TO BIL,p[RS pshic 2 :11 Page 65 of 539 contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance with State Workers Compensation Laws. C, The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge a: inst the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty, 'fa more favorable bid is received by re - advertising, the defaulting bidder shall have no claim against the City of Waterloo, or Code Enforcement Department for a refund, 1NSTRUCI ON TO BIDDERS Rapt 3 OF) Page 66 of 539 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT GENERAL CONDITIONS Definitions 14 henever used in any of the Contract Documents, these terms shall he defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor_ Owner or Local Public Agency (TPA) - means the Code Enforcement Department, Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. Contract Documents - means and shall include the #allowing: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Code Enforcement Department/City of Waterloo, on the work site at all times during working hours with full authority ofthc Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract, The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Code Enforcement Departrnent/City of Waterloo, The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Cotatractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shalt be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Code Enforcement Department_ The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the Page 67 of 539 GENERAL CONUIT]QNs time the work is commenced until final completion and acceptance, except when work being performed does not require protection, The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site, Therefore, it is the responsibility of the Contractor to determine when security is needed, The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requiremwn The Contractor shall be responsible for being informed as to ail existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall riot disturb existing walks, drives_ parking areas. trees, shrubs, or turf areas outside the Limits of the project. if disturbed, these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City Forester will determine the extent or protection necessary for the trees. Permits and odes The Contractor slat give all notices required by, and comply with all applicable municipal and state laws. ordinances and codes. Liability Insurance The Contractor shall at all times during the term of the Agreement maintain in full for and effect, at its own expense. Employer's Liability, Worker's Compensation, Automobile, Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and bold harmless provisions of this Agreement, Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms_ The City of Waterloo, Iowa shall be specifically named as ao additional insured on all insurance. Such coverages shall be primary, non- contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Limits of Liability Worker's Compensation Employer's Liability Bodily Injury Liability (Except automobile) Property Damage Liability (Except automobile) Automobile Bodily Injury Liability Excess Liability: Automobile Property Damage Liability Statutory $500,000 $1,000,000 each occurrence $1,000,000 each occurrence $ I,000.000 each occurrence 5,000,000 $1,000,000 each occurrence Removal of Debris, Clea nins, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus material and debris, and keep the project area reasonably clean. Upon completion of the work, the Contractor shall remove all debris and equipment provided for the work and put the whole site of the work in a neat and clean condition_ GENE.IALCONL']noN Page 68 of 539 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT SPECIFICATIONS for i Y 2024 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary to mow and/or remove snow from designated areas in accordance with these specifications. References in these specifications to the Code Enforcement Department shall inctude the City of Waterloo_ PROPERTY COMPLAINT MOWING Assigned areas will be mowed on a one time only basis_ The Code Enforcement Department will give out work orders for any work done in this area, which shall be completed within 72 hours from receiving work order, The City will be itt charge of any large item and tire removal clean up that will be done on any of these properties_ Contact the Code Enforcement Department (319.291.3820) for pickup. Mowing height will be four 4) maximum. Contractor shall be able to abate hedge/volunteer trees where necessary for clearance of sidewalks and other rights-o#-way. Also after mowing property, it shall meet city codes and excess grass removed from the property and sidewalk. If for any reason Code Enforcement finds that a property is still in violation. after the contractor has clone the abatement, the contractor shall return to the property and make the necessary corrections without additional costs to the City, [f the contractor arrives at the property, and the property has been mowed, the contractor shall obtain a photo and contact Code Enforcement to verify the property is in compliance. In the event Code Enforcement is unable to meet the contractor at the time, the contractor shall continue on to the next referral and Code Enforcement will inspect the property when time permits and notify the contractor whether they have to return to abate a weed violation, PROPERTY COMPLAINT SNOW REMOVAL Assigned areas shall have snow removed on a one-time basis. The Code Enforcement Department will give out work order's For any work done in these areas, which shall be completed within 48 hours from receiving work order. Sidewalks need cleared the width and length of the property down to the pavement. A good -faith attempt will need to be made to clear down to the pavcrrient. In the event that it is impossible. because of ice or other hazard. then sand or other abrasive material. (such as Ice Melt or another approved product) may be used so pedestrian traffic is safe. Only use sand/ice melt in arnounts to make pedestrian traffic safe. Do not coat sidewalk with a large amount of sand, use only amounts necessary to make sidewalks safe, All work must comply with the City of Waterloo Codes & Ordinances or contractor shall return to the property and make the necessary correction without additional costs to the City. VACANT LOTS Once these lots have been issued their first notice for the season, they will be placed on an as needed basis mowing schedule From approximately April 2412023 to October 31 °h, 2023 for a maximum of 5 mowing's. It will be the responsibility of the Code Enforcement Department to inform you of your as needed mowing schedule, sPFc]ricATi0Ns i•..,Page 69 of 539 There is a possibility of approximately 70 vaunt lots with each lot averaging 0.25 of an acre. DILAPIDATED STRUCTURES Once these dilapidated structures have been issued their first notice for the season, they will be placed on an as needed basis mowing schedule from approximately April 20' 2023 to October 3 I'h, 2023 fora maximum of 5 mowing's. It will be the responsibility of the Code Enforcement Department to inform you of your as needed mowing schedule. There is a possibility of approximately 50 dilapidated structures wwith each lot averaging 0.25 of an acre, All vacant lots and dilapidated structures listed on the paperwork you receive from the Code Enforcement department must be completed and turned into our office within two (2) weeks from the time you pick it up. SITF, CLEAN -Up Prior to each mowing the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Code Enforcement Department. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by snowplow & snow removal operations_ This includes adding soil and seeding damaged areas as needed. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for t pe and frequency of mowing. The Iisted schedules are for bid purposes only, The Code Enforcement Department may add or delete mowing of areas based on growing conditions and budget constraints. GRASS CUTTING Grass shaft becutto an even height of four inches (4"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven rough cutting shall be promptly remedied by the Contractor to the satisfaction or the Code Enforcement Department with no additional cost to the Code Enforcement Department. Grass clippings shall not be blown, left or land on any road surfaces in accordance with applicable laws and City ordinances, In areas such as narrow medians, clippings shall be bagged or mulched straight down. TRIMMENIG Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the Code Enforcement Department will you be required to edge vegetation wowing over curb and sidewalk. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes fences. benches, utilities. and other fixtures. Any damage caused by the Contractor shall be cottipletely repaired at no additional cost to the Code Enforcement Depai tment. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Code Enforcement Department with no additional eost to the Code Enforcement Department. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf` loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Code Enforcement Department with no additional cost to the Code Enforcement Department_ sP,c[fcAno s F•,,Page 70 of 539 The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to over any damage claims, REQUIRED E UIPMENI' The Contractor shall have sufficient and proper equipment to perform all work in a sate and timely manner. Types of mowing equipment required for this contract; Line trimmers Walk -behind mowers Commercial rotary front mowers (60"-72" deck) Bagging/ mulching mowers Utility tractors with heavy-duty mowers Four wheel drive mower Hedge trimmers Wood chipper (not required For hire but highly recommended) Types of alleyisidewalk overgrowth equipment required For this contract in addition to equipment listed above: Pull behind trailer or usable truck bed Tarps or enclosed trailer for hauling brush when required Note: City ordinance requires all loads being transported must be completely covered. The City is not responsible for paying any fines you may be issued. For urger parcels that are overgrown contractor shall have access to a brush hog type of mower so that contractor can meet the city's timeframe requirements. Excess amounts of cut grass and vegetation will need removed and not left on parcels. Types of snow removal equipment required for this contract: Walk -behind snow blowers Riding snuvv blowers Pick-up and/or tractor with snow blade Salt & sand applicator Shovels Equipment listed on the Bid Form will be reviewed by the Code Enforcement Department to determine whether it is adequate for this mowing contract, CONTRACTOR OR THEIR EDESIGNEE MUST BE REACHABLE BV PHONE MONDAY THROUGH FRIDAY 7:00 A.M. TO 3:30 P.M. SFSCIFlCATIONS i•Pages71 of 539 BIDDER: CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT BID FORM for FY 2024 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL ADDRESS: COMPANY NAM PHONE: (, ) 1, The undersigned, being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of , or a Partnership consisting of the following partners; having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Document's now on file in the offices of the City Clerk, City Hall, 71$ Mulberry Street, Waterloo, Iowa, and the Code Enforcement .Department, 626 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed FY 2024 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A; Provide all specified as needed mowing and trimming services for vacant Tots; Approximately 70 vacant tots with each kit averaging 0.25 of an acre (totaling approx. 17.5-18 acres per occurrence) Price Per Occurrence: dollars ($ -11 OPTION B: Provide all specified as needed mowing and trimming services on dilapidated structures. Approximately 50 dilapidated structures with each lot averaging 0.25 of an acre (totaling approx. 12,5-13 acres per occurrence) Price Per Occurrence; dollars ($, 1 HID FORM PnRc 143 Page 72 of 539 OPTION C: Provide all specified mowing services for property complaint properties. Price Per Man Hour: dollars (S OPTION D: Provide all specified snow removal services for complaint properties. Price Per Mao Hour: dollars ( 2, It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3_ In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options, if written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty 30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after `Notice to Proceed" is issued, 4. Security in the sum of in the form of BIDDERS. _ dollars ($ ) , is submitted herewith in accordance with NOTICE TO 5. Attached is a Dion -Collusion Affidavit of Prime Contractor. b. The Bidder is prepared to submit a financial and experience statement upon request, 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of$10,000,00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / 1 1 ! f 1 9, The Bidder shall list the MBEIWBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and for Women Business Pre -bid Contract information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p,m. the business day following the day bids on this project are due along with the Non - collusion Affidavits of ALL Subcontracts r(s). The subcontractors listed on this proposal andior submitted to the Contract Compliances Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. The subcontractors submit in writing that they cannot fulfill their subcontracts Bib FQRM Pope 7 rx Page 73 of 539 10, The Bidder shall list all equipment available for this project: 1. The Bidder has filled in all blanks on this proposal. Those blanks not applicable arc marked "none" or 12. The bidder has attached all applicable forms. 13. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: Nam End Titk DATE: ! 1 BID FORM rage 3 nF'.# Page 74 of 539 STATEMENT Of BIDI] ;R' OUALIF1CATIONS be i rkttsd by the Bidder on upnwo re urkt ad the Cii} of W■/moo, low._} All questions shall be answered and the data given must be clear and comprehensive_ This statement must be notarized. if necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. lfa corporation, where incorporated. 5. 1{ow many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion) 7_ General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why`' 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each. and the month and year completed. 1, List your major equipment available for the contract, 12, Experience in landscape work similar in importance to the project. 13, Background and experience of the principal members of your organization, including the officers, 14. Credit available: $ 15. Give Bank reference: 1. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17, The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT NT OF BIDDER'S QUALIFICATIONS ?AGE 1 OF 2 Page 75 of 539 Dated this day of 20 State of County of } ) ss 3y: Title: Name of Bidder , being duly sworn deposes and says that she/he is - of Name of Organ3zatiaet and that the answers to the foregoing questions and ali statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires , 20 STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 Page 76 of 539 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of } County of } being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of Bidder that has submitted the attached Bid: ,the 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this afant, has in any ways colluded, conspired, connived or agreed., directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner. directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost clement of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and , The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this aftiant. Signature Titfe S bbblroribecii a rxd. worn t?Y hvii-brre, ine,thisle cl,ay 0 3 _ Sf#tigtt.tre, ride, Page 77 of 539 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) being first duly sworn, deposes and says that: 1. He is (Owner), (Partner). (Officer). (Representative), or (Agent) of referred to as the "Subcontractor , hereinafter 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to, contract pertaining to the FY 2024 COMPLAINT MOWING COMPLAINT SNOW REMOVAL in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or shay proposal; 4. Neither the subcontractor nor any of its officers. partners, owners, agents, representatives, employees, or parties in interest, including this at- iant_ has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder. firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract. or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element ofthe price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy. connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person rnterested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part ofthe bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Swbsoralecif airi,d, A o-- t befo-re, rrt day _ , 2023. SCfrizti24.re, Tate, My ep Page 78 of 539 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No_ 11246) All contractors, subcontractors, vendors and suppliers of goods raid services doing business with the City and value of said business equals or exceeds ten thousand dollars ($ I0.000.00) annually agree as follows; . The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant For employment because of race, color, creed, sex, national origin. economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race. creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following; a. Employment b. Upgrading c, Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g_ Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities. political opinion or affiliations. 3_ The contractor, subcontractor, vendor and supplier or hislher collective bargaining representative wilt send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said Tabor union or workers' representative of the contractor's commitment under this section. 4_ The contractor. subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5_ The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer_ Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the Cit's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the ity's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contact or with any of such rules regulations and orders, this contract may he canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. EQUAL OPPORTilNrTYCLA 15k PagE 1cif z Page 79 of 539 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference. the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the ity's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discritriination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color. sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date EQUAL OPPORTUNITY CLAUSE race ? of 2 Page 80 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 30, 2023, and date of public hearing as April 3, 2023, in conjunction with the FY 2023 Broadway Street and E. San Marnan Drive Reconstruction Project, Contract No. 1072, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION STREET FROM TO Broadway St. EB Hwy 218 Ramp Donald St. San Marnan Dr. Hawkeye Rd. (Hwy 21) Hammond Ave. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 81 of 539 ATTACHMENTS None Page 82 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Kelley Felchle, City Clerk March 6, 2023 City Clerk Department AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 27, 2023, and date of public hearing as May 1, 2023, in conjunction with the FY2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1080, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 83 of 539 1. City of Waterloo Bid Construction Backbone and Fiber -To -The -Premise Specification Book Page 84 of 539 PROJECT SPECIFICATIONS FOR FY 2023 CONSTRUCTION OF A FIBER -TO -THE -PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT CITY OF 4LL�4TERLO o IOVVA Community of Opportunity CONTRACT NO. 1080 Page 85 of 539 FY 2023 CONSTRUCTION OF A FIBER -TO -THE - PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT CONTRACT NO. 1080 CONTRACT DOCUMENTS TABLE OF CONTENTS Highlighted items must be included with bid. 1. NOTICE OF PUBLIC HEARING 2. NOTICE TO BIDDERS 3. INSTRUCTIONS TO BIDDERS 4. FORM OF BID OR PROPOSAL 5. FORM OF BID BOND 6. NON -COLLUSION AFFIDAVITS 7. EQUAL OPPORTUNITY CLAUSE 8. TITLE VI CIVIL RIGHTS 9. BIDDER STATUS FORM 10. AFFIRMATIVE ACTION PROGRAM 11. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION A. SUBCONTRACTOR'S BID REQUEST FORM, B. LETTER FORM FOR SUBCONTRACTOR QUOTES (CCO-3) C. MBE/WBE SCOPE LETTER, (CCO-4) D. MBE AND/OR WBE PREBID CONTACT INFORMATION FORM (CCO-4A) E. MBP/WBE LETTER OF INTENT TO BID (CCO-5) 12. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S GUIDE 13. STATEMENT OF BIDDER'S QUALIFICATIONS 14. GENERAL SPECIAL PROVISIONS 15. SPECIAL PROVISIONS 16. SUPPLEMENTAL SUDAS SPECIFICATIONS 17. GENERAL SPECIFICATIONS FOR CONSTRUCTION 18. SUPPLEMENTAL GENERAL SPECIFICATIONS FORCONSTRUCTIONS Page 86 of 539 19. FORM OF CONTRACT 20. FORM OF PERFORMANCE, PAYMENT, AND MAINTENANCE BOND ATTACHMENT A - Construction Design Drawings ATTACHMENT B - Unit Labor and Material Costs ATTACHMENT C - Fiber Optic Design and Construction Specifications Page 87 of 539 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2023 CONSTRUCTION OF A FIBER -TO -THE - PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT In the City of Waterloo, Iowa CONTRACT NO. 1080 RECEIVING OF BIDS On behalf of the City of Waterloo and the Municipal Telecommunications Utility of the City of Waterloo, notice is hereby given that sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 27th day of April, 2023 before 1:00 p.m. for the construction of the FY 2023 CONSTRUCTION OF A FIBER -TO -THE - PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT, Contract No. 1080 , as described in detail in the plans and specifications now on file in the Office of the City Clerk. Proposals received after the deadline for submission of bids as stated herein shall not be considered and shall be returned to the late bidder unopened. OPENING OF BIDS All proposals received will be opened in the City Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 27th day of April 2023 at 1:00 p.m. Proposals will be considered by the Board of Trustees of the Municipal Telecommunications Utility at its meeting at 4:00 pm on May 17, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. The Board may approve awarding a Contract at said meeting, or at such other time and place as shall then be announced. Proposals will be considered by the City of Waterloo City Council at its meeting at 5:30 P.M. on May 1, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council anticipates making the award of Contract at its meeting at 5:30 P.M. on May 1, 2023, or at such other time and place as shall then be announced. PUBLIC HEARINGS The City Council of Waterloo, Iowa, will hold a public hearing on the proposed Plans, Specifications, Form of Contract, and Estimate of Costs for the construction of said improvements at 5:30 p.m. on the 1st day of May, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on the proposed Plans, Specification, Form of Contract, and Estimate of Costs for the construction of said improvements at 4:00 pm on May 17, 2023 at Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. NOTICE OF HEARING CONTRACT NO. 1080 Page 1 of 3 Page 88 of 539 Project Calendar Anticipated Event Dates: • Issuance of the Notice to Bidders • Pre -Bid Meeting • Final Submission of Contractors' Questions • Response to Contractors' Questions • Bids Due • City public hearing on Plans, Specifications, Form of Contract & Estimate of Cost • Utility public hearing on Plans, Specifications, Form of Contract & Estimate of Cost • Utility consideration of bids & approval of award of contract • City consideration of bids • City Award of Contract • Contract Signed and Mobilization Commences • Commence Construction • Complete Construction No Later Than • All Contracts Must Have Obligations Complete by March 23, 2023 April 3, 2023 April 7, 2023 April 14, 2023 April 27, 2023 May 1, 2023 May 17, 2023 May 17, 2023 May 1, 2023 May 18, 2023 May 19, 2023 June 20, 2023 December 31, 2026 December 31, 2024 NOTICE OF HEARING CONTRACT NO. 1080 Page 2 of 3 Page 89 of 539 SCOPE OF WORK The City seeks a Contractor to build the necessary components to create the high-speed Fiber - To -The -Premise (FTTP) 10 Gigabit Symmetrical -Passive Optical Network (XGS-PON) communications Network (the Project) within the City's defined Service Area and prepare it to deliver backbone and fiber -to -the -home services. The system shall be a fully operational high- speed communications network supporting Internet protocol technology and allowing users access to and from the Internet. The Project requires the construction of a Fiber -to -the -Premise feeder/distribution and a backbone network which will support XGS-PON technologies to be utilized to deliver best -effort and guaranteed services to its customers within the City Service Area. The design (Attachment A) identifies the placement of Fiber Distribution Hub (FDH's) located at the City data center and network PoP's. These locations will also house active electronics and splitters in support of the FTTP deployment. Fiber routes to be built by contractor and operated by the City and the Waterloo Telecommunications Utility will be utilized to interconnect these FDHs in a fiber ring topology. Fiber routes are laid out logically to economically connect each service area back to the local cabinet located at the headend or alternate node site. Architecture is a star design for the feeder network and a ring connecting network nodes. The Project will be located at various locations throughout the City. The City has active grant applications into federal funding agencies for portions of the backbone only (Division 2 work). In the event of a grant award, the City reserves the right to remove the Division 2 work from this Contract, with a reduction in fee to the Contractor equivalent to the bid price associated with the Division 2 work. The City anticipates that a decision regarding the Division 2 work will be made on or before June 1, 2023. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF HEARING CONTRACT NO. 1080 Page 3 of 3 Page 90 of 539 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2023 CONSTRUCTION OF A FIBER -TO -THE - PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT In the City of Waterloo, Iowa CONTRACT NO. 1080 RECEIVING OF BIDS On behalf of the City of Waterloo and the Municipal Telecommunications Utility of the City of Waterloo, notice is hereby given that sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 27th day of April, 2023 before 1:00 p.m. for the construction of the FY 2023 CONSTRUCTION OF A FIBER -TO -THE - PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT. Contract No.1080 as described in detail in the plans and specifications now on file in the Office of the City Clerk. Proposals received after the deadline for submission of bids as stated herein shall not be considered and shall be returned to the late bidder unopened. OPENING OF BIDS All proposals received will be opened in the City Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 27th day of April 2023, at 1:00 p.m.. Proposals will be considered by the Board of Trustees of the Municipal Telecommunications Utility at its meeting at 4:00 pm on May 17, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. The Board may approve awarding a Contract at said meeting, or at such other time and place as shall then be announced. Proposals will be considered by the City of Waterloo City Council at its meeting at 5:30 P.M. on May 1st-2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council anticipates making the award of Contract at its meeting at 5:30 P.M. on May 1, 2023, or at such other time and place as shall then be announced. PUBLIC HEARINGS The City Council of Waterloo, Iowa, will hold a public hearing on the proposed Plans, Specifications, Form of Contract, and Estimate of Costs for the construction of said improvements at 5:30 p.m. on the 1st day of May, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on the proposed Plans, Specification, Form of Contract, and Estimate of Costs for the construction of said improvements at 4:00 pm on May 17, 2023 at Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. SCOPE OF WORK The City seeks a Contractor to build the necessary components to create the high-speed FTTP NOTICE OF BIDDERS CONTRACT NO. 1080 Page 1 of 6 Page 91 of 539 XGS-PON communications Network (the Project) within the City's defined Service Area and prepare it to deliver backbone and fiber -to -the -home services. The system shall be a fully operational high-speed communications network supporting Internet protocol technology and allowing users access to and from the Internet. The Project requires the construction of a Fiber to the Premise feeder/distribution and a backbone network which will support XGS-PON technologies to be utilized to deliver best -effort and guaranteed services to its customers within the City Service Area. The design (Attachment A) identifies the placement of FDH's located at the City data center and network PoP's. These locations will also house active electronics and splitters in support of the FTTP deployment. Fiber routes to be built by contractor and operated by the City and the Waterloo Telecommunications Utility will be utilized to interconnect these FDHs in a fiber ring topology. Fiber routes are laid out logically to economically connect each service area back to the local cabinet located at the headend or alternate node site. Architecture is a star design for the feeder network and a ring connecting network nodes. The City has active grant applications into federal funding agencies for portions of the backbone only (Division 2 work). In the event of a grant award, the City reserves the right to remove the Division 2 work from this Contract, with a reduction in fee to the Contractor equivalent to the bid price associated with the Division 2 work. The City anticipates that a decision regarding the Division 2 work will be made on or before June 1, 2023. BEGINNING AND COMPLETION DATES The contract will be signed and mobilization shall be commenced within five (5) working days after receipt of "Notice to Proceed." The "Notice to Proceed" is expected to be issued on or about May 1, 2023. The Project shall be substantially completed on or before December 31 st, 2026. METHOD OF PAYMENT TO CONTRACTOR Payments will be made on the basis of estimates prepared by the Contractor and approved by the Engineer, solely for the purpose of payment; approval by the Engineer, or the City Council, shall not be deemed as approval or acceptance of the workmanship or materials. The Contractor will be compensated for 95% of the work completed during a payment period, with the remaining 5% being retained in accordance with the Iowa Code. Regular payments approved by the Engineer will be made following the next scheduled City Council meeting. Final payment will be made thirty-one (31) days after completion of the work and final acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men, and laborers have been paid. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by Magellan which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available for review only from the Engineering Department. NOTICE OF BIDDERS CONTRACT NO. 1080 Page 2 of 6 Page 92 of 539 Complete digital Plans and Specifications are available at: https://www.cityofwaterlooiowa.com/government/municipalgovermentbids.php Please DO NOT obtain Bid Documents from any source other than the City of Waterloo, Iowa. Obtaining documents through any other source could prevent Bidder from being included on the official Plan Holders List, which, in turn, may cause the Bidder to not receive addenda or other time - sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. Upon award of project, Magellan will provide the prime contractor, subcontractors and suppliers with additional sets of plans and specifications at no additional cost. Project Calendar Anticipated Event Dates: • Issuance of the Notice to Bidders • Pre -Bid Meeting • Final Submission of Contractors' Questions • Response to Contractors' Questions • Bids Due • City public hearing on Plans, Specifications, Form of Contract & Estimate of Cost • Utility public hearing on Plans, Specifications, Form of Contract & Estimate of Cost • Utility consideration of bids & approval of award of contract • City consideration of bids • City Award of Contract • Contract Signed and Mobilization Commences • Commence Construction • Complete Construction No Later Than • All Contracts Must Have Obligations Complete by March 23, 2023 April 3, 2023 April 7, 2023 April 14, 2023 April 27, 2023 May 1, 2023 May 17, 2023 May 17, 2023 May 1, 2023 May 18, 2023 May 19, 2023 June 20, 2023 December 31, 2026 December 31, 2024 NOTICE OF BIDDERS CONTRACT NO. 1080 Page 3 of 6 Page 93 of 539 CONTRACT AWARD A contract will be awarded to the lowest responsive, responsible bidder. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the responsibility of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer -generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer - generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to bidder in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. NOTICE OF BIDDERS CONTRACT NO. 1080 Page 4 of 6 Page 94 of 539 MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a maintenance bond in the penal sum of not less than 100% of the total amount of the contract guaranteeing the maintenance of the improvement caused by failures in materials and construction for a period of two (2) years from and after acceptance of the Contract. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of one thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified contract period for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. Attendance at the conference is strongly encouraged. BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non- Resident Bidder requirements. NOTICE OF BIDDERS CONTRACT NO. 1080 Page 5 of 6 Page 95 of 539 Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX This project is subject to sales tax. The Contractor will keep track of sales tax as required by the State of Iowa. The Contractor will keep the sales tax for the Fiber -To -The -Premise (FTTP) and the backbone separately. The City may apply for a sales tax refund on portions of the project after City Council acceptance. NOTICE OF BIDDERS CONTRACT NO. 1080 Page 6 of 6 Page 96 of 539 INSTRUCTIONS TO BIDDERS 1. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing on or before April 7, 2023. Any interpretation made will be in the form of an addendum to the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form. Oral explanations or instructions given before the award of the contract will not be binding. 2. EXAMINATION OF PROPOSED WORK Bidders are encouraged to visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Notice to Bidders, the Specifications or related documents, or any addenda thereto. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer - generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. b. The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. c. Unless called for, alternate bids will not be considered. d. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which he proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e.,$7.14). In items where unit price is required, the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided. If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer -generated spreadsheet, all numbers shall be easily legible. INSTRUCTIONS TO BIDDERS Page 1 of 9 Page 97 of 539 e. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. f. If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the project proposal whether any preference to resident bidders, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country is in effect in the nonresident bidder's state or country of domicile at the time of a bid submittal. 4. SUBMISSION OF BIDS a. A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope. If forwarded by mail, the two envelopes shall be placed in a third and mailed to the City Clerk. All bids must be filed with the City Clerk of the City of Waterloo at her office in the City Hall before the time specified for closing bids. b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 5. LATE BIDS AND WITHDRAWALS Bids and withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 8. COLLUSIVE AGREEMENTS a. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. INSTRUCTIONS TO BIDDERS Page 2 of 9 Page 98 of 539 b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. City of Waterloo and/or Women Business Enterprise Pre -Bid Contact Information The City of Waterloo Minority and/or Women Business Enterprise Pre -Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bona fide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set -aside or quotas, but only flexible goals where "good -faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good -faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good -faith efforts." The key to the requirement is to make documented efforts. Goals are neither set -a -sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set -a -sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal -setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60- INSTRUCTIONS TO BIDDERS Page 3 of 9 Page 99 of 539 2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set -Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Contractor: As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE): Any business, which is at least 51%, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list. Women Business Enterprise (WBE): Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian -Pacific Americans. 13 C.F.R. 124-1.1(c)(3)(ii)(1983). Responsible Bidder: Bidder who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. Broker: One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: The Prime Contractor met the project goal - No Action necessary If the Prime Contractor failed to meet the goal, they must submit documentation of good faith effort. CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's INSTRUCTIONS TO BIDDERS Page 4 of 9 Page 100 of 539 discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: a. Making portions of the work available for MBE/WBE subcontracting b. Evidence of negotiating with MBE/WBE firms c. MBE/WBE quotes obtained and non-MBE/WBE quotes used d. Reasons agreements were not reached e. Follow-up after initial solicitations f. Efforts to assist in obtaining equipment, supplies and materials (atcompetitive prices), bonding, lines of credit, insurance, etc. g. Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. RESPONSIBILITIES City of Waterloo a. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. b. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. c. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. d. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. e. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. INSTRUCTIONS TO BIDDERS Page 5 of 9 Page 101 of 539 Prime Contractors a. In order to be in compliance with the guidelines of this program, the prime contractor must show good -faith efforts in following the MBE/WBE Contract Compliance Program. Good -faith efforts include, but are not limited to, the following: b. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. c. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. d. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, butall such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). e. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre -Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: • Not low bid. Copies of the competing bids may be required for verification. • MBE/WBE did not bid, withdrew bid or non -responsive. • Documentation of other business -related reason for not selecting the MBE/WBE business fora subcontract. • Prime contractor self performs work. • Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. MBE/WBE Firms a. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002. b. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. c. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. d. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. INSTRUCTIONS TO BIDDERS Page 6 of 9 Page 102 of 539 Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NON-COMPLIANCE OF CONTRACTORS a. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. b. A bidder's failure to show good -faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. c. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non- compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the responsible bidder has used good -faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 1 1. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low-income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. INSTRUCTIONS TO BIDDERS Page 7 of 9 Page 103 of 539 12. STATEMENT OF BIDDER'S QUALIFICATIONS The apparent lowest bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced, and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract. 13. AWARD OF CONTRACT a. Award of contract will be made to the lowest responsive, responsible bidder. The intention is to award the contract at the City Council meeting on May 1, 2023, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty (30) days. b. The City Council reserves the right to reject any or all bids or waive any informality in bids received. • The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral unit bid price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer - generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or totals will be rejected. A contract will be awarded to the lowest responsive, responsible bidder submitting the total bid., or for the BASE BID plus ALTERNATE(S), as applicable, chosen by the City as indicated in the NOTICE TO BIDDERS. • A resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident. 14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo, Iowa, may require. b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "a" above, furnish a performance bond and a payment bond in a penal sum not less than the amount of the contract as awarded, INSTRUCTIONS TO BIDDERS Page 8 of 9 Page 104 of 539 as security for the faithful performance of the contract and terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. The bonds shall protect and save harmless the City from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for a period of two (2) years from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds. c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F. No. 4 "Liability Insurance" Pages 11 to 12 of 14 Pages. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Workmen's Compensation Laws. d. In case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. 15. BIDDER STATUS Attention of bidders is called to the requirement of complying with the provisions of the Resident Bidder/Non-Resident Bidder requirement. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. INSTRUCTIONS TO BIDDERS Page 9 of 9 Page 105 of 539 FORM OF BID OR PROPOSAL FY 2023 CONSTRUCTION OF A FIBER -TO -THE -PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECTCONTRACT NO. 1080 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by Magellan Advisors for the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2023 CONSTRUCTION OF A FIBER -TO -THE -PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT, Contract No. 1080, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities contained in Attachment B. The contractor shall submit a copy of Attachment B as part of their bid. FY 2023 CONSTRUCTION OF A FIBER -TO -THE -PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT CONTRACT NO. 1080 Description Total Cost DIVISION 1 WORK - FTTP DIVISION 1 total price DIVISION 2 WORK - Backbone (subject to removal based on federal funding decision) DIVISION 2 total price Contract Sum (DIVISION 1 + DIVISION 2) 1. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 2. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. The undersigned agrees to execute and deliver an agreement in the FORM OF BID CONRACT NO. 1080 Pandeoi036 of 539 prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature and start work within five (5) days after "Notice to Proceed" is issued. 3. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 4. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 5. Attached hereto is a Bidder Status Form. 6. The bidder is prepared to submit a financial and experience statement upon request. 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted acceptable. 8. The bidder has received the following Addendum or Addenda: 9. Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), number of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre -bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). 11. The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. 12. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: a. The City of Waterloo does not approve the subcontractors. b. The subcontractors submit in writing that they cannot fulfill their subcontracts. 13. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 14. The bidder has attached all applicable forms. 15. This bid includes a fiber -to -the -premise and fiber backbone projects as outlined below: 1) Fiber to the Premise (FTTP): the FTTP network will pass all residents and businesses of Waterloo. The FTTP network includes 390.54-miles of underground construction to pass roughly 29,400 premises throughout the City of Waterloo. 2) Fiber Backbone: the backbone includes 115.80-miles of underground construction along major city corridors and key commercial areas connecting hundreds of City, traffic and utility sites, and facilities. FORM OF BID CONRACT NO. 1080 PaaPi097 of 539 Phasing/Work Order Plans: • Phase 1 Fire Station 6 ("Backbone and Laterals") is an area consisting of approximately 38.99 miles of underground backbone and distribution fiber covering the South area of Waterloo, to connect 116 city facilities. Phase will be broken into multiple work orders. o Phase IA is a 191.81-mile underground fiber connection from Fire Station 6 Point of Presence (PoP) location extending out to the City of Waterloo service area. • Phase 2 Linden Tower ("Backbone and Laterals") is an area consisting of approximately 42.57 miles of underground backbone and distribution fiber covering the Northeastern area of Waterloo, to connect 76 city facilities. Phase will be broken into multiple work orders. o Phase 2A is a 98.58-mile underground fiber connection from Linden Tower Point of Presence (PoP) location extending out to the City of Waterloo service area. • Phase 3 Fletcher Lift Station ("Backbone and Laterals") is an area consisting of approximately 34.24 miles of underground backbone and distribution fiber covering the Northwestern area of Waterloo, to connect 167 city facilities. Phase will be broken into multiple work orders. o Phase 3A is a 100.15-mile underground fiber connection from Fletcher Lift Station Point of Presence (PoP) location extending out to the City of Waterloo service area. City intends the Network to serve as a development platform for innovation, next generation application development, workforce development, and job creation, and to provide an overall better quality of life throughout the Service Area. The City has active grant applications into federal funding agencies for portions of the backbone only (Division 2 work). In the event of a grant award, the City reserves the right to remove the Division 2 work from the Contract, with a reduction in fee to the Contractor equivalent to the bid price associated with the Division 2 work. The City anticipates that a decision regarding the Division 2 work will be made on or before June 1, 2023. BY: (Name of Bidder) (Title) (Date) Official Address: (Including Zip Code): I.R.S. No. FORM OF BID CONRACT NO. 1080 Pandeoi038 of 539 BID BOND Sample Bid Bond Form KNOW ALL BY THESE PRESENTS: That we, , as Principal, and , as Surety, are held and firmly bound unto , as Obligee, (hereinafter referred to as "the Jurisdiction"), in the penal sum of dollars ($ ), or percent of the amount bid in lawful money of the United States, for which payment said Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. The condition of the above obligation is such that whereas the Principal has submitted to the Jurisdiction a certain proposal, in a separate envelope, and hereby made a part hereof, to enter into a contract in writing, for the following described improvements; CONSTRUCTION OF A FIBER -TO -THE -PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT, CONTRACT NO.1080 The improvement includes the construction of the necessary components to create the high-speed FTTP XGS-PON communications Network (the Project) within the City's defined Service Area and prepare it to deliver backbone and fiber -to -the -home services. The system shall be a fully operational high-speed communications network supporting Internet protocol technology and allowing users access to and from the Internet. The Project requires the construction of a Fiber to the Premise feeder/distribution and a backbone network which will support XGS-PON technologies to be utilized to deliver best -effort and guaranteed services to its customers within the City Service Area. The design identifies the placement of FDH's located at the City data center and network PoP's. These locations will also house active electronics and splitters in support of the FTTP deployment. Fiber routes to be built by contractor and operated by the City and the Waterloo Telecommunications Utility will be utilized to interconnect these FDHs in a fiber ring topology. Fiber routes are laid out logically to economically connect each service area back to the local cabinet located at the headend or alternate node site. Architecture is a star design for the feeder network and a ring connecting network nodes. The Project will be located at various locations throughout the City. The City has active grant applications into federal funding agencies for portions of the backbone only (Division 2 work). In the event of a grant award, the City reserves the right to remove the Division 2 work from the Contract, with a reduction in fee to the Contractor equivalent to the bid price associated with the Division 2 work. The City anticipates that a decision regarding the Division 2 work will be made on or before June 1, 2023. Page 109 of 539 (CONT. BID BOND) Project Name The Surety hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Jurisdiction may accept such bid or execute such Contract; and said Surety does hereby waive notice of any such extension. In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be County, State of Iowa. If legal action is required by the Jurisdiction against the Surety or Principal to enforce the provisions of the bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Surety or Principal agrees to pay the Jurisdiction all damages, costs, and attorney fees incurred by enforcing any of the provisions of this Bond. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against Surety for any amount guaranteed hereunder whether action is brought against Principal or whether Principal is joined in any such action or actions or not. NOW, THEREFORE, if said proposal by the Principal be accepted, and the Principal shall enter into a contract with Jurisdiction in accordance with the terms of such proposal, including the provision of insurance and of a bond as may be specified in the contract documents, with good and sufficient surety for the faithful performance of such contract, for the prompt payment of labor and material furnished in the prosecution thereof, and for the maintenance of said improvements as may be required therein, then this obligation shall become null and void; otherwise, the Principal shall pay to the Jurisdiction the full amount of the bid bond, together with court costs, attorney's fees, and any other expense of recovery. Signed and sealed this day of ,20 SURETY: PRINCIPAL: Surety Company Bidder By By Signature Attorney-in-Fact/Officer Signature Printed Name of Attorney-in-Fact/Officer Printed Name Company Name Title Company Address Address City, State, Zip Code City, State, Zip Code Company Telephone Number Telephone Number NOTE: All signatures on this bid bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. This bond must be sealed with the Surety's raised, embossing seal. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. Page 110 of 539 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) ) ss: that: , being first duly sworn, deposes and says 1. He is (Owner, Partner, Officer, Representative, or Agent) , of , the Bidder that has submitted the attached Bid; 2. He is fully -informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid: 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this Title day of , 20. My commission expires Page 111 of 539 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of County of ) ) ) ss: being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the project in (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signpri) Title Subscribed and sworn to before me this day of , 20_ Title My commission expires Page 112 of 539 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree asfollows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions, or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program —Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in Page 113 of 539 employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) (Title) (Date) Page 114 of 539 TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non-discrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non- discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Contracting Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of enforcing such provisions including Page 115 of 539 sanctions for non-compliance: Provided, however, that, in the event of a contractor becomes involved in, or it threatened with litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT; and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Page 116 of 539 BIDDER STATUS FORM o To be completed by all bidders PART A Please answer "Yes" or "No" for each of the following: Q Q 0 Q Q Yes Q N o Yes QNo Yes QNo Yes QNo Yes QNo My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity, or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. o To be completed by resident bidders PART B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: o To be completed by non-resident bidders PART C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor fTh force preferences or any other type of preference to bidders or laborers? k.j Yes 0 No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. o To be completed by all bidders PART D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Signature: Date: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner Page 117 of 539 This worksheet describes your Yes ONo 0 Yes ONo Yes cNo • YesNo • YesNo 0 YesNo • Yes CD. No 0 YesNo YesNo 0 Yes° No YesNo WORKSHEET: AUTHORIZATION TO TRANSACT BUSINESS may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following business, you are authorized to transact business in Iowa. My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship, and I am an Iowa resident for Iowa income tax purposes. My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. My business is a limited liability partnership which has filed a statement of qualification in this state and the statement have not been canceled. My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state and has not filed a statement of termination. My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) Page 118 of 539 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ( General Contractor Subcontractor Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number ( Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates / Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number ( ) Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer AFFIRMATIVE ACTION PROGRAM Page 1 of 8 Page 119 of 539 A. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. AFFIRMATIVE ACTION PROGRAM Page 2 of 8 Page 120 of 539 III. AFFIRMATIVE ACTION A. recognizes that the effective application of a policy of (Name of Company) merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the following six (6) steps to improve (Name of Company) our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take whatever steps are necessary to (Name of Company) ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: D. 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. will seek qualified minority, female, and local group applicants (Name of Company) for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other companies, with whom we are (Name of Company) associated and/or do business, to do the same and we will assist them in their efforts. AFFIRMATIVE ACTION PROGRAM Page 3 of 8 Page 121 of 539 H. has taken the following Affirmative Action to ensure that (Name of Company) minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write "NONE") 1. 2. I. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. 2. J. will require approved Affirmative Action Programs from (Name of Company) all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non -minority contractors have adequate representation of minority, female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of specific actions relative to (Name of Company) recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as N. follows: Minority Parity = .08 (8%) (Name of Company) Affirmative Action Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 2023, please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. Goals for Minorities: % Goals for Women: % *Your affirmative action goals should be between 1 % and 10% or more for minorities and 1 % and 5% or more for women. AFFIRMATIVE ACTION PROGRAM Page 4 of 8 Page 122 of 539 INDICATE: Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 2023. Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984- 142(4). CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H AFFIRMATIVE ACTION PROGRAM Page 5 of 8 Page 123 of 539 We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: AFFIRMATIVE ACTION PROGRAM Page 6 of 8 Page 124 of 539 DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations, which require specialized and theoretical knowledge, which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations, which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post -secondary school education and through equivalent on-the-job training. Includes: computer programmers and operations, draftspersons, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paperwork required in an office. Includes: bookkeepers, messengers, office machine operators, clerk -typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs, which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work, which is acquired through on-the-job training programs. Includes: Mechanics and repairmen, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesmen, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and salesclerks, grocery clerks and cashier checkers, and kindred workers. 7. Operatives (semi -skilled): Workers who operate machine or processing equipment or perform other factory -type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers, weavers, (textile), welders and flame cutters and kindred workers. 8. Laborers (unskilled): Workers in manual occupations, which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners AFFIRMATIVE ACTION PROGRAM Page 7 of 8 Page 125 of 539 (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifting, digging, mixing, loading, and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-job): Production. . . persons in formal training for craftsmen when not trained under apprentice programs --operative laborer, and service occupations. White Collar... persons engaged in formal training for clerical, managerial, professional, technical, sales, office, and clerical occupations. AFFIRMATIVE ACTION PROGRAM Page 8 of 8 Page 126 of 539 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the FY 2023 CONSTRUCTION OF A FIBER -TO -THE -PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWROK PROJECT, Contract No. 1080, that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. Item # Description Unit Estimated Quantity UNDERGROUND -BURIED 1 Directional Bore (0) 1" and (0) 2" and (2) 1.25" LF 121,441 2 Directional Bore (0) 1" and (0) 2" and (3) 1.25" LF 176,553 3 Directional Bore (0) 1" and (1) 2" and (0) 1.25" LF 97,818 4 Directional Bore (0) 1" and (1) 2" and (2) 1.25" LF 14,988 5 Directional Bore (0) 1" and (1) 2" and (3) 1.25" LF 9,456 6 Directional Bore (0) 1" and (2) 2" and (0) 1.25" LF 21,964 7 Directional Bore (0) 1" and (2) 2" and (2) 1.25" LF 3,958 8 Directional Bore (0) 1" and (2) 2" and (3) 1.25" LF 1,311 9 Directional Bore (0) 1" and (3) 2" and (0) 1.25" LF 3,687 10 Directional Bore (0) 1" and (4) 2" and (0) 1.25" LF 323 11 Directional Bore (1) 1" and (0) 2" and (0) 1.25" LF 1,947,230 12 Directional Bore (2) 1" and (2) 2" and (3) 1.25" LF 26 13 Directional Bore (1) 1" and (0) 2" and (2) 1.25" LF 114,250 14 Directional Bore (1) 1" and (0) 2" and (3) 1.25" LF 138,648 15 Directional Bore (1) 1" and (0) 2" and (4) 1.25" LF 626 16 Directional Bore (1) 1" and (1) 2" and (0) 1.25" LF 103,717 17 Directional Bore (1) 1" and (1) 2" and (2) 1.25" LF 9,828 18 Directional Bore (1) 1" and (1) 2" and (3) 1.25" LF 1,017 19 Directional Bore (1) 1" and (2) 2" and (0) 1.25" LF 4,741 20 Directional Bore (1) 1" and (2) 2" and (3) 1.25" LF 389 21 Directional Bore (2) 1" and (0) 2" and (0) 1.25" LF 58 22 Directional Bore (0) 1" and (0) 2" and (4) 1.25" LF 130 23 Directional Bore (2) 1" and (1) 2" and (0) 1.25" LF 59 28 Bore 6" Casing (Steel) LF 7 29 Bore 6" Casing (PVC) LF 7 30 Bore 8" Casing (Steel) LF 21,976 31 Bore 8" Casing (PVC) LF 7 32 Deep Bore - Water Crossing LF 2,000 33 Install Muletape in New Conduit FT 4,151,524 36 Install #12 AWG Insulated Tracer Wire LF 2,605,040 37 Install 5/8"x8' Copper Clad Ground Rod EA 1,306 Page 127 of 539 38 Install 3.5" Dia PVC Round Marker Posts with Orange Dome Top EA 6,873 39 Install 3.5" Dia PVC Round Marker Posts with Orange Dome Top with Test Station EA 2,292 46 Installation, Underground Fiber Cable - Including Slack (All other fiber) LF 3,825,137 48 Installation, Pedestal EA 11,631 50 Installation, Small Vault, 17" x 30" EA 52 51 Installation, Vault 24" x 36" EA 4,253 52 Installation, Large Vault 30" x 48" EA 134 53 Installation, Extra Large Vault 48" x 60" EA 150 57 Sawcut, Remove and Replace Asphalt 6" Thick SqrFt 20,868 58 Sawcut, Remove and Replace Concrete 6" Thick SqrFt 20,868 60 Sawcut, Remove and Replace Asphalt 8" Thick SqrFt 20,868 61 Sawcut, Remove and Replace Concrete 8" Thick SqrFt 20,868 62 Sawcut, Remove and Replace Asphalt 10" Thick SqrFt 20,868 63 Sawcut, Remove and Replace Concrete 10" Thick SqrFt 20,868 127 Install New Splice Case & Prep Cable EA 3,826 130 Splicing, Fusion, Single Fiber EA 109,662 131 Splicing Fusion, Single fiber Pigtail at panel EA 9,834 133 Testing, OTDR, Uni-Directional, Power Meter Testing EA 39,312 134 Testing, OTDR, Bi-Directional, Power Meter Testing EA 9,834 138 Prep cable in PED for NAP EA 11,631 146 Install Pad mounted FDH Splitter Cabinet + Site prep and Prefab Vault EA 136 148 Install rack mounted patch panel (Any Size) and tails EA 177 149 Install Wall Mount Fiber Enclosure EA 177 150 Install 7ft Rack for patch panels EA 2 161 Pull fiber through building FT 35,300 162 Install 2" Electric Metal Tubing (EMT) LF 1,765 163 4" Core Bore EA 353 164 2" Building Riser with LB - Up to 10' EA 353 MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre -Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4429 Page 128 of 539 Contract No.: SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of (description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by and (Date) (Time). Subcontractor's Company Name Subcontractor's Signature Date Prime Bidder's Signature Date Page 129 of 539 LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by and . (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO- 3 (11/28/2001) Page 130 of 539 CITY OF J%'4TERLOO IOWA Community of Opportunity MBE/WBE BUSINESS ENTERPRISE PRE - BID CONTACT INFORMATION FORM Prime Contractor Name: Project: Letting Date: NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Title: Date: SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions may be directed to Contract Compliance Office 319- 291- 4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Rudy Jones, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE - BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted Form CCO-4 Rev. 06-20-02 Page 131 of 539 MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM INSTRUCTIONS Prime Contractor Responsibilities: Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are provided the opportunity to participate in the performance of contracts and subcontracts. Prime contractors are required to assist MBE/WBE businesses in overcoming barriers to participation and must make good faith efforts to secure bids from, and award subcontracts to, MBE/WBE businesses. For all contract bids of $50,000 or more, the following is required to demonstrate good faith efforts in accordance with this policy: 1. "MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM" submitted with the prime contractor bid, properly completed and signed on Form CCO-4 (Rev. 06-20-02). Please note that this document must include all subcontractor contacts, bids received, and awarded - not just those related to disadvantaged business enterprise vendors. 2. A minimum of three (3) MBE/WBE business contacts must be made and documented, if there are at least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City of Waterloo MBE/WBE Certified List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If you have submitted a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the certification from another government agency. 3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7) working days prior to the date the prime contractor submits the bid to the City of Waterloo. 4. The following documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM" for each MBE/WBE business contacted: a. A copy of the bid received from the MBE/WBE, OR b. If no bid was received, a copy of correspondence received from the MBE/WBE with a "no bid" response, OR c. If no response was received, a copy of the solicitation sent to the MBE/WBE with proof of mailing attached. 5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM" on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or was n o n -responsive. c. Documentation of other business -related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by the Prime Contractor. f. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. Form CCO-4A Rev. 07-08-02 Page 132 of 539 Subcontractors Responsibilities: 1. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If the City Contract Compliance Officer does not receive sufficient scope letters seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and an MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. Form CCO-4A Rev. 07-08-02 Page 133 of 539 LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items, which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: Item No. Description: Item No. Description: Item No. Description: (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo, IA 50703 Phone: (319) 291-4429 Form CCO-5 (06-20-2002) Page 134 of 539 CERTIFIED MBE/WBE CONTRACTORS CITY OF WATERLOO, IOWA CITY OF %VJ4TERLOO IOWA Community of Opportunity Contract Compliance Office Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.cityofwaterlooiowa.com/contractcompliance Contact: Rudy Jones, Community Development Director Email: rudyjones@waterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 Page 135 of 539 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319) 235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLATWORK, POURED WALLS —ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 493-2542 FAX: (319) 236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION Page 136 of 539 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING & GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo, IA 50703 Phone: (319) 961-4208 Contact: Darrell E. Caldwell, Sr. Specializing in: ROOFING AND GENERAL CONSTRUCTION E. CASTRO ROOFING 702 Riehl Street Waterloo, IA 50701 Phone: (319) 215-5683 Contact: Emillio Castro Specializing in: ROOFING, SIDING, GENERAL CONSTRUCTION Page 137 of 539 CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232- 9164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING PETERMAN & HAES CARPET ONE* 4003 University Waterloo, IA 50701 Phone: (319) 233-6131 Fax: (319) 233-6133 Certified: City of Waterloo WBE Email: JR11486©cfu.net Contact: Carol Reese Specializing in: FLOOR COVERING * DENOTES WOMEN BUSINESS ENTERPRISE Page 138 of 539 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS Page 1 of 2 Page 139 of 539 Dated at , this day of , 20 (Name of Bidder) By: Title: State of County of ) ) ) ss: , being duly sworn deposes and says that he is _ of and that the answers to the (Name of Organization) to the foregoing questions and all statements therein contained are true and correct. Signature Subscribed and sworn to before me this day of , 20 . Notary Public My commission expires STATEMENT OF BIDDERS QUALIFICATIONS Page 2 of 2 Page 140 of 539 GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor, equipment, and materials and performing all operations, in connection with the FY 2023 CONSTRUCTION OF A FIBER -TO -THE - PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT, Contract No.1080, as shown on the contract drawings and in accordance with these specifications. The contract drawings, which accompany and form a part of this contract and specifications are dated January 04, 2023. They have the general title of CONSTRUCTION DESIGN DRAWINGS (Attachment A) All construction and materials shall be in accordance with the Iowa SUDAS Standard Specifications except where noted in the SUDAS Supplemental Specifications, Special Provisions and or Estimate Reference Notes. 2. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor. 3. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility. 4. REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the City unless the City determines that the materials are not salvageable, and the City does not want to retain ownership of the materials. Materials designated in the field by the Engineer as nonsalvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 5. OVERHAUL Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this contract. The cost of overhaul will be considered as incidental to the items to which it applies. 6. MAILBOXES/STOP SIGNS The Contractor shall notify the United States Postal Department of mailboxes, which interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment, but will be considered incidental to the item to which it applies. The removal and replacement of stop signs will not be considered for direct payment, but will be considered incidental to the item to which it applies. SPECIAL PROVISIONS CONTRACT 1080 Page 1 of 4 Page 141 of 539 7. PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these materials, and furnishing all labor, plant and miscellaneous work needed to make the item complete. All such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate payment. 8. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract, before the first estimate for payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 9. PERMISSION TO HAUL OVER STREETS. RAILROADS AND HIGHWAYS The Contractor will be required to secure, from the proper authorities, permission or permit which may be required to haul over streets, highways, railroads or private property, and any hauling operations of the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads, highways and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 10. CONSTRUCTION SCHEDULING The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City Engineer may change the schedule to accommodate changing construction conditions. The Contractor shall coordinate the work under this contract with contractors performing work under other contracts which may be performed concurrently. The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the closing and opening of streets. The Contractor shall commence work within (5) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. 11. PRE -CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre -construction conference to discuss problems and schedules of contracts. 12. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to any underground utilities. The Contractor shall expose those utilities indicated on the plans so that elevations may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the Contractor and the respective utility company. 13. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign SPECIAL PROVISIONS CONTRACT 1080 Page 2 of 4 Page 142 of 539 that will be affected by construction removed and replaced when the work has been completed. 14. TRAFFIC CONTROL DURING CONSTRUCTION The Contractor shall, at his own expense and without further or other order, provide, erect and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs or other adequate protection, as required by the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices" and shall provide, keep and maintain such barricades, signs, etc., as may be required or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the work. All barricading plans shall be reviewed by the Engineer. The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations for all street closings, barricades and posting prior to construction. These shall meet requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire and Street Departments when the street is closed for construction. All barricading shall be in accordance with the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices." Encapsulated lens sheeting is not required on this project. 15. GRADES. LINES. LEVELS AND SURVEYS All necessary grades, lines, levels and surveys shall be established and maintained by the Contractor. The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the same to the City Engineer before commencing work. 16. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection, but shall be considered incidental to other items of work. The public shall be kept outside of any work area. 17. CONSTRUCTION EQUIPMENT FOR PORTLAND CEMENT CONCRETE PAVEMENT Section IX "Construction Equipment" of the "Specifications for Concrete Paving, Widening, and Curb and Gutter" of the Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa, shall be amended as follows: Iowa Department of Transportation standard specification Section 2301.07 Construction Equipment For Portland Cement Concrete Pavement shall apply with the following exception to Section 2301.07.A.7.b Finishing Machine: The first sentence shall read as "A finishing machine will be required on all uniform width slabs ten (10) feet or more in width upon which a continuous line of forms more than one hundred fifty (150) feet in length may be set, except for intersections or otherwise approved by the Engineer." 18. WORKING ON SATURDAYS. SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight (48) hours in advance if work on Saturday is planned. By noon the Friday before the planned Saturday work, the Contractor shall confirm the Saturday work schedule with the project inspector. Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2023 due to City holidays: SPECIAL PROVISIONS CONTRACT 1080 Page 3 of 4 Page 143 of 539 o January 2, 2023 o January 16, 2023 o May 29, 2023 o June 9, 2023 o July 4, 2023 e September 4, 2023 o November 10, 2023 o November 23, 2023 o November 24, 2023 o December 25, 2023 o December 26, 2023 o January 1, 2024 SPECIAL PROVISIONS CONTRACT 1080 Page 4 of 4 Page 144 of 539 SUPPLEMENTAL SPECIFICATIONS TO THE SUDAS SPECIFICATIONS DIVISION 1 — GENERAL PROVISIONS AND COVENANTS 1010 — 1090 In lieu of SUDAS Division 1, GENERAL SPECIFICATIONS FOR CONSTRUCTION, CITY OF WATERLOO, IOWA, DEPARTMENT OF ENGINEERING shall apply, which are included in the contract documents for this project. DIVISION 2 — EARTHWORK, SUBGRADE AND SUBBASE 2010, 1.08, D Measurement and Payment for Topsoil will be made in SY. 2010, 1.08, E,4 Stripping, salvaging and spreading of topsoil is included in TOPSOIL, 4 INCHES, ON OR OFF -SITE bid item, per SY. 2010, 1.08, F Below grade excavation will be determined in the field by the engineer and be field measured and paid through the EXCAVATION, CLASS 10, BELOW GRADE bid item. This bid item includes the removal of unsuitable or unstable subgrade materials AND replacement with MODIFIED SUBBASE, paid perCY. 2010, 1.08, G Subgrade Preparation, when directed by the Engineer, shall be measured in SY and paid at the unit price of $1.50/SY as extra work. 2010, 1.08, J Subbase will be paid by square yard (SY) of subbase placed based on plan quantity per street and bid item thickness. 2010, 1.08, K, 3 Removal of pipe and conduits shall include capping or plugging when determined necessary in the field by the Engineer. 2010, 2.01 Both on site and off -site topsoil may be used when complying with 2010, 2.01. 2010, 2.04, C, 6 Geotextiles used shall be Geotextile Systems by Propex Geotex 350 ST, TenCate Mirafi HP 370, or approved equal. 2010, 2.04, D, 3 Recycled Modified Subbase certified material made from onsite PCC or certified stockpile previously approved by the IDOT may be used. 2010, 3.03 E After pavement removal, all subsequent construction operations must leave the construction site in a condition that is graded to drain to existing intakes or isolated areas, and if ponding occurs the contractor must pump the standing water as soon as reasonable after a rainfall event has ended to prevent the subgrade from becoming saturated. Pumped water must be directed through approved sediment reduction measures before entering the storm sewer or other drainage system. DIVISION 3 — TRENCH AND TRENCHLESS CONSTRUCTION SECTION 3010 — TRENCH EXCAVATION AND BACKFILL 3010, 1.08, A, 8 and D See SPECIAL SUBGRADE MATERIAL in the Special Provisions for payment regarding backfill material that is outside of the range specified for placement and compaction or that is unsuitable. SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 1 430 145 of 539 3010, 3.01, D ADD: Excavated material that has a greater than optimum moisture content, but is otherwise acceptable shall not be considered unsuitable. The Contractor shall either dry out the material to a suitable condition or furnish acceptable material. Should the Engineer determine that the excavated material is not suitable for backfill for the excavation the material shall be disposed of and replaced with approved backfill material obtained by the Contractor from another source, which could include material from other locations on the project. DIVISION 4 — SEWERS AND DRAINS SECTION 401 0-SAN ITARY SEWERS 4010, 1.08, A, 1, c Testing and inspection will be performed by City of Waterloo, Iowa, personnel. 4010, 1.08, E The following are included in the pipe unit price or applicable items: • Removal and disposal of existing pipe when 4 (four) feet or less horizontally from the existing pipe • Collars at any existing to new pipe connections (main or services) or at manholes • Bypass pumping and traffic control related to bypass pumping • Installation of temporary storm sewer to reestablish storm sewer that has been removed/impacted by sanitary sewer construction • Record the location, depth and type of material for each water service crossed • Cleaning the sanitary sewer main prior to City televising, as needed Sanitary sewer service connections to existing live services shall be connected to existing at a minimum of 5 (five) feet back of curb line. New stubs shall be extended to minimum of 5 (five) feet back of curb line and capped water tight. The end of the service stub shall be marked with a 5 (five) foot long standard metal T post. 4010, 2.01 C. Corrugated Polyvinyl Chloride Pipe (PVC) shall be used for diameters 18" and larger. 4010, 2.04, A E. Polyvinyl Chloride Composite Pipe (truss type PVC) shall be used for diameters 8"-15". PVC Main 1.a and 1.c apply. Inserta Tees®, or equal, may be used only in the 200 block of Webster Street for connecting services to the existing 36" concrete main. 4010, 2.04, B PVC Composite Main la. applies with preformed wye or tee fittings. 4010, 3.02, B ADD THE FOLLOWING ITEMS 1. Where the new service line meets the existing, the Contractor shall install a FERNCO (or equal) coupling and construct a concrete collar. Backfill of the coupling and collar shall not occur until the concrete collar has hardened sufficiently to prevent deformation of the concrete. 2. When connecting to existing truss pipe, a truss to trussGASKETED REPAIR COUPLING shall be used. SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 2 430e 146 of 539 3. Provisions shall be made for maintaining sewerage flow in all "upstream" sections of the system 4. The contractor shall take appropriate measures to prohibit ground water, rain water, etc. from entering the pipe. If this does occur and the pipe becomes dirty, the contractor shall be required to clean the pipe at his expense prior to the City televising the line. 5. If the City needs to clean the line prior to televising, the contractor will be billed for the same, with payment for pipe withheld until the City is paid. 6. The contractor shall install temporary storm sewer to reestablish the storm sewer that is removed/impacted by the sanitary sewer construction, which is incidental to applicable items. 7. The Contractor constructing the main shall be responsible for locating and marking the locations of existing service lines. Dye testing or tracing may be required to determine service line locations or the existence of shared service lines. Dye testing and tracing, if required, will be paid on a per each basis. 8. The permanent connection of the sanitary sewer service lines shall be constructed with the sanitary main construction so that the service connections (tap and tee or wye construction) and a minimum of five (5) feet of the service line are constructed as the sanitary main is constructed. The Contractor may reconstruct the entire required length of the service line at the time of main construction. If any existing water services are damaged or broken while performing work under this item, renewal shall be at Contractor's expense. 9. Services to all properties adjacent to and/or served by the sanitary sewer reconstruction, must be verified by the Contractor(s). Upon completion of the sanitary sewer reconstruction, the Contractor shall contact the City Waste Management Department (291-4553) to request televising of the sewer. Any service connections missed shall be reconnected by the contractor with the City paying for only those items originally needed for the installation. 4010, 3.02, B Trenched sanitary sewer shall use a laser system for line and grade with hubs a minimum of 50 (fifty) feet to check line and grade. 4010, 3.06, A Premade Tees and Wyes are required on 8-inch diameter through 15-inch diameter sanitary mains. Connect temporarily to existing sanitary services a minimum of 5 (five) feet from the back of curb or as directed in the field by the Engineer depending on the depth of the service. New stubs are to be extended to a minimum of 5 (five) feet from the back of curb or as directed in the field by the Engineer depending on the depth of the service, to a location to prevent undermining of the paving when service is extended in the future. The Contractor may construct the entire required length of the stub at the time of main construction. DIVISION 4 — SEWERS AND DRAINS SECTION 4020-STORM SEWERS 4020, 1.08, 1, c Inspection and testing to be completed by the City of Waterloo, Iowa. 4020, 2.01 Only reinforced concrete storm sewer pipe and reinforced concrete storm sewer pipe aprons are permitted. Only Rubber 0 Ring or Profile gasket joints are permitted. 4020, 3.05, B Only Rubber 0 Ring or Profile gasket joints are permitted. SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 3 430e 147 of 539 4020, 3.11 Inspection and testing to be completed by the City of Waterloo, Iowa. DIVISION 4 — SEWERS AND DRAINS SECTION 4040-SUBDRAINS AND FOOTING DRAINS 4040, 2.02 Only Case B Type 1 Longitudinal Subdrains are permitted. (Detail 4040.231) 4040, 3.03 Footing Drain Service Stubs shall extend a minimum of 5 (five) feet from back of curb. The end shall be capped water tight and a 3 (three) foot long minimum size #4 rebar or standard steel T post placed vertically at the end of the service. Figure 4040.231 Only Case B Type 1 Longitudinal Subdrains are permitted. Figure 4040.233 Use CMP outlet and Removable Grate rodent guard. SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 4 430e 148 of 539 DIVISION 4 — SEWERS AND DRAINS SECTION 4060-CLEANING, INSPECTION AND TESTING OF SEWERS 4060 Cleaning is required by the contractor and is incidental to applicable items. Testing and Inspection will be done by the City of Waterloo, Iowa, Engineering Department. DIVISION 5 —WATER MAINS AND APPURTENANCES SECTION 5010 — PIPE AND FITTINGS 5010, 1.08, E, 3 Water service Curb Stop and Curb Box will be measured and paid as separate items. 5010, 2.07, B K-Copper pipe shall be used for water services. 5010, 2.07, C Corporation Valves shall meet ANSI/AWWA C800 (COMPRESSION TYPE) AY McDonald or Mueller 300 ball style rated for minimum 300 PSIG water pressure. Ball Curb Valves (Curb Stops) shall meet ANSI/AWWA C800 (COMPRESSION TYPE) AY McDonald or Mueller 300 ball style rated for minimum 300 PSIG water pressure. Stop Boxes (Curb/Pave Boxes) Arch Pattern shall meet ANSI/AWWA C800 Mueller H-10314, AY McDonald 5601, 5603, or equal with 5'0" stainless steel shut off rod and cotter pin. Service Pipe (K Copper). DIVISION 6 — STRUCTURES FOR SANITARY AND STORM SEWERS SECTION 6010 - STRUCTURES FOR SANITARY AND STORM SEWERS 6010, 1.08, D Casting Extension Rings will be considered incidental to manhole construction. In lieu of extension rings for intakes, extension shall be poured integral with boxouts. See Modified SW-514 in plans. 6010, 1.08, E Manhole Adjustment, Minor will follow this SUDAS Supplemental specification as a pay item per Each. The new manhole casting to be furnished includes a new "Sanitary Sewer" or "Storm Sewer" City of Waterloo cover, as applicable. If an existing sanitary manhole does not have the vertical segment at the top of the cone for installation of an interior infiltration barrier, approved sealant on clean surfaces shall be used to provide a watertight connection. Bid Items MINOR ADJUSTMENT, INTAKE, SW- 501 and MINOR ADJUSTMENT, INTAKE, SW-505 include new intake castings with the existing castings being promptly delivered to the City of Waterloo Waste Management yard. Minor adjustments shall not allow extension rings for intakes. The extension shall be poured integral with boxouts. See Modified SW- 514 in plans. SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 5 of Aie 149 of 539 6010, 1.08, H 6010, 2.05, B, 1 6010, 2.05, B, 2, b 6010, 2.10, D, 1 6010, 2.11, A, 2 6010, 3.01 K 6010, 3.01, F, 1 6010, 3.07 6010, 3.08 Remove Manhole or Intake will include complete removal of the structure and backfilling the area as required to complete the construction in the area where the structure was removed. Rubber 0-Ring or Profile Gaskets will be used for Precast Riser Joints. 6010, 2.05, B, la is acceptable; Engineering Fabric Wrap shall not be used. Fixed Manhole Casting Types will be used for both sanitary and storm manholes with City of Waterloo covers required for all manholes. Only Internal Chimney Seal Infiltration Barriers will be used on new sanitary manholes. Only Internal Chimney Seal Infiltration Barriers will be used on new sanitary manholes. Install only Rubber 0-ring or Profile Gaskets Remove Manhole or Intake will include complete removal of the structure. Vacuum testing will not be required on new sanitary manholes. DIVISION 7 STREETS AND RELATED WORK SECTION 7010 — PORTLAND CEMENT CONCRETE PAVEMENT 7010, 1.08, A, 3 7010, 3.02, F 7010, 3.02, I, 5 7010, 3.02, J 7010, 3.02, K 7010, 3.03, B 7010, 3.07, A When cold weather protection or linseed oil is applied, measurement and payment will be per SY. The use of a paving machine will be required on all sections of mainline paving 150 feet or more in length. Burlap Drag Surface Texture is required. For Portland Cement Concrete Placement after August 31, Surface Curing shall include application of linseed oil at a rate of 15 SY per gallon. A curing compound/linseed oil combination product may be used. If used, material shall conform to W.R. MEADOWS LIN-SEAL TM WHITE Curing and Anti-spalling compound or approved equal. Figure 7010.101/Standard Road Plan PV-101, Details A, B and C, Sheet 2 of 8, shall apply to joint sealing. Hand finish methods may be used for curb and gutter sections 150 feet or less in length. Material Testing for Plastic and Hardened Concrete will be performed by the City of Waterloo, Iowa. SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 6 430e 150 of 539 SECTION 7020 — HOT MIX ASPHALT PAVEMENT 7020, 1.08, B Allowable percentage of RAP in the mix will be as shown in IDOT I.M. 510, Appendix C. If the contractor wishes to use RAP in the production of HMA, the contractor will provide to the City documentation showing that the RAP is either Unclassified or Classified. Documentation will meet the requirements of IDOT section 2303, IM 505 and IM 510. The City will not do gradation or extraction tests on the RAP to determine the amount of asphalt binder present in the RAP. The contractor can have the samples sent to an independent lab or send the samples to the IDOT for extraction and gradation tests. Contractor tests results on the RAP to determine classified status will not be accepted. The contractor and the City will work together to take samples. All test results will be provided to the City. If documentation can't be provided, the RAP will be treated as unclassified. RAP to be used in the production of HMA will be included in the JMF. The contractor will take the RAP into account during the mix design as described in IDOT Section 2303 and IM 505. If the contractor wishes to use RAP in the HMA mixture, the contractor will provide documentation for the status of the RAP to be used. 7020, 1.08, J Surface Fixture Adjustments such as Water or Gas Valve Boxes — "Minor Fixture Adjustment" shall be considered incidental to applicable items. 7020, 1.08, K Sawing ONLY for pavement removal will be measured and paid by linear foot. Resawing due to negligence of contractor shall not be paid by the City. All of the asphalt removed from this project is to be the property of the Contractor. 7020, 2.02 Use of warm mix asphalt (WMA) is not allowed. 7020, 2.03, A See Supplemental Specification for 7020, 1.02, B and 7020, 1.05, B. 7020, 2.03, B No recycled asphalt shingles (RAS) will be allowed. 7020, 3.01, G Will be modified as follows: For base and intermediate lifts, any mix on any street per stage per day, over 400 feet in length or over 1200 SY in area will require QMA. For base and intermediate lifts over 100 tons per street per stage per day will require a hot box sample and gradation, unless otherwise waived by the Engineer. For surface courses and base and intermediate quantities less than those required for QMA, field densities will be checked by the City using the City's density gauge. 7020, 3.02, D, 2 Maximum compacted thickness of any lift will be three (3)inches. 7020, 3.02, D, 6 Multiple lifts of asphalt will not be allowed on the same street on the same day until existing HMA has reached an ambient temperature with its surroundings SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 7 430e 151 of 539 prior to the placement of the next layer of HMA. The Engineer may waive this requirement. 7020, 3.06, A The City may conduct the tests, hire an independent testing laboratory, or use the Contractor's test results. Density for all streets will be a minimum of94%. 7020, 3.06, A, 2 The City will not prepare the mix designs. The Contractor will have mix designs approved by the IDOT or independent lab. Any HMA produced prior to submittal of JMF's and material certifications will not be paid for. 7020, 3.06, A, 3, b, 1 Binder will be accepted based on supplier's shipment certification. 7020, 3.06, A, 3 b 6 No split samples for agency correlation are required. 7020, 3.06, B, 3 Will be modified as follows: For base and intermediate lifts, any mix on any street per stage per day, over 400 feet in length or over 1200 SY in area will require QMA. For base and intermediate lifts over 100 tons per street per stage per day will require a hot box sample and gradation, unless otherwise waived by the Engineer. For surface courses and base and intermediate quantities less than those required for QMA, field densities will be checked by the City using the City's density gauge. SECTION 7030 — SIDEWALKS, SHARED USE PATHS AND DRIVEWAYS 7030, 1.08, A, 3 Sawing for removal of sidewalk will be incidental to sidewalk removal. 7030, 1.08, E, 3 Testing, when required, will be performed by the City of Waterloo Engineering Department personnel. 7030, 1.08, H, 1, C Testing, when required, will be performed by the City of Waterloo Engineering Department personnel. 7030, 2.07 Detectable Warning Surfaces shall be cast iron. Approved vendors include: MetaDome, LLC — MetaCast; EJ Group, Inc. — Detectable Warning Plates; Neenah Foundry Company 7030, 3.01, E Grinding of curbs for sidewalk ramps or driveway approaches will not be allowed. 7030, 3.04, B, 3 7030, 3.04, D 7030, 3.07 7030, 3.11 City of Waterloo, Iowa, driveway and sidewalk standard details included in the plans shall be used. Curing is required as per City of Waterloo, Iowa, standard sidewalk and driveway specifications. City of Waterloo, Iowa, driveway and sidewalk standard details included in the plans shall be used for placement of Detectable Warning Installation. Material Testing will be performed by the City of Waterloo Engineering Department. SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 8 430e 152 of 539 SECTION 7040 — PAVEMENT REHABILITATION 7040, 1.08, A Sawing for pavement removal ONLY will be measured and paid per linear foot. 7040, 1.08, H Sawing for pavement removal ONLY will be measured and paid per linear foot. Pavement Removal includes PCC Paving and Composite Paving, including curb and gutter sections. Asphalt Pavement Removal includes full depth asphalt paving sections and curb and gutter sections where it exists on a full depth asphalt street. 7040, 1.08, I Curb and gutter removal is for isolated locations of removal and does not include curb and gutter removed under 7040, 1.08, H. 7040, 1.08, L Sampling and Testing will be performed by the City of Waterloo, Iowa, Engineering Department. DIVISION 8 — TRAFFIC CONTROL SECTION 8020 - PAVEMENT MARKINGS 8020, 2.01 Precut legends and symbols, including cross walk bars, shall be precut preformed polymer or thermoplastic materials conforming to PreMark® by Flint Trading, Inc., or equal. The Contractor shall install the precut legends and symbols as per manufacturer's specifications. Installation of the precut symbols or legends shall also require grinding of the area 1/8 inch below the plane of the pavement surface and treating the ground area with a sealer prior to placement of the symbols or legends. The Contractor shall work with the City Sign and Traffic Department to determine exact placement of all markings and symbols in the field. SECTION 8030 - TEMPORARY TRAFFIC CONTROL 8030, 1.08, A Detour signing will be paid on a LUMP SUM basis for each detour identified in the plans. Temporary directional signing for alternate routes to businesses will be constructed as per details and installed at locations as shown in the plans. Payment will be based on a per EACH basis and will include providing the signs, installing, maintaining and removing the signs as needed during the course of the project. DIVISION 9 — SITE WORK AND LANDSCAPING SECTION 9010 — SEEDING 9010, 1.08, B Seeding, Fertilizing and Mulching for Hydraulic Seeding will be measured and paid in SY. SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 9 430e 153 of 539 9010, 1.08, E Warranty for Seeding, Fertilizing and Mulching for Hydraulic Seeding will be measured and paid in SY. Locations are to be determined based on field conditions. Warranty applies to situations where a rainfall has washed off the hydroseeding prior to seed growth being established and does not apply to hydroseeding done outside of specified seeding windows or lack of growth due to adjacent property owner not watering. SECTION 9040 — EROSION AND SEDIMENT CONTROL 9040, 1.08, T, 1 9040, 1.08, T, 2 Inlet Protection Device will include the intermediate protection (prior to paving) as per detail included in the plans, as well as Drop In Intake Protection or Surface Applied Intake Protection. This item includes initial installation and final removal of the inlet protection devices. Maintenance of Inlet Protection Devices will include maintenance (clean out of device and reinstallation) from initial installation of intermediate protection up to removal after vegetation has been established. Maintenance will also include, when and where required, removal prior to winter conditions and replacement in the spring if vegetation has not been established. DIVISON 11 - MISCELLANEOUS SECTION 11,030 — TEMPORARY SERVICES DURING CONSTRUCTION 11,030, 108, A Maintenance of Postal Service will be considered incidental to applicable items. Detail 11030.101 will be used for temporary mailboxes. SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 10 od gOe 154 of 539 GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA Department of Engineering SECTION A - Definitions of Terms SECTION B - Scope of work SECTION C - Control of Materials and Work SECTION D - Procedure and Progress SECTION E - Measurements and Payments SECTION F - Legal Relations and Responsibility SECTION A - DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa. 3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part, which change or supplement these specifications. 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 1 of5ge 155 of 539 specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or bo, equipment, transportation, or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B - SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 2 ofFLaSge 156 of 539 work available to the Engineer and to his representatives. 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character and location of the work, the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the Engineer immediately, in writing, and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or in accordance with the dispute resolution procedures identified herein -before such changed work is undertaken. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However, when the work is completed without change in the plans, and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either party to the contract may request such an adjustment. 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with the right of access to same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 3 of5ge 157 of 539 regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319-232- 6280. 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C - CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. Materials and construction work shall, at all times, be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for inspection. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 4 of5ge 158 of 539 If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed; also, to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished, and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to the dispute resolution procedures identified herein. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 5 ofFLaSge 159 of 539 stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being given, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to conform to the Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re -execute his own work in accordance with the contract and without expense to the City, and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS. EQUIPMENT. APPLIANCES. AND FACILITIES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications, it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not it is specifically called for in the plans and specifications, and such appliance GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 6 ofFIaSge 160 of 539 shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions of the Engineer or Inspector, or who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his employees. The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of a use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades, no work will be permitted on Sundays or legal holidays GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 7 ofF1aSge 161 of 539 without specific permission of the Engineer. 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the Engineer pending dispute resolution procedures or by any cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. No such extension shall be made for delay occurring more than thirty (30) days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at his last known place of business. 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one-fourth (1/4) of the contract period, one -eighth (1/8) of the work shall be completed; at the expiration of one-half (1/2) of the contract period, three -eighths (3/8) of the work shall be completed; at the expiration of three -fourths (3/4) of the contract period, the work shall be three -fourths (3/4) completed, and the whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then the Council shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work, as provided under the article covering City's right to terminate contract. 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of his creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 8 of5ge 162 of 539 whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense of finishing the work shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials, with evidence that such persons have been paid in full. Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In computing the labor cost on such extra work, the following items shall be included: (a) Actual payroll expenditures for labor at the current rate therefor, and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance, prorated, for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants, but not including small hand tools, which may be deemed necessary or desirable to use, GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 9 ofF1aSge 163 of 539 the Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is begun, and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing, except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. No such claim shall be valid unless so made. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the Engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to the dispute resolution procedures as hereinafter provided, and such resulting decision shall be final, and the Engineer shall, within a period of five (5) days thereafter, file his completion report. Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain five percent (5%) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty (30) days, the final five percent (5%) shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 10 9 age 164 of 539 objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and any claims of the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City. SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances, and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed and completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work, and save the City harmless therefor. The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures, and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefor, and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Contractor. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d) Motor vehicle bodily injury liability insurance and property damage GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 11 c gSe 165 of 539 (e) liability insurance on all motor vehicles employed on the work, whether owned bythe Contractor or by other persons, firms, or corporations. The minimum protection shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit $ 5,000,000.00 Products —Completed Operations Aggregate Limit $ 5,000,000.00 Each Occurrence Limit $ 5,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" and it must be stated on the certificate. Coverage shall be written on a primary and non-contributory basis and shall include a waiver of subrogation in favor of the City of Waterloo. A certificate, or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. To the fullest extent permitted by law the Contractor shall defend, indemnify, and hold harmless the City and the Engineer and their agents, representatives, officers and employees ("Indemnitees") from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from or in connection with the performance of the Work, provided that any such claim, damage, loss or expense is caused in whole or in part by any act or omission of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity or contribution which would otherwise exist as to any party or person described in the Contract Documents. In any and all claims against the Owner or Engineer or any of their agents, officers or employees by any employee of the Contractor, any Subcontractor, any person directly or indirectly employed by any of them or anyone for whose acts may be liable, the indemnification obligation under this Subsection 4 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. All policies shall be in form and with insurance carriers acceptable to the City of Waterloo. Each such policy shall provide that thirty (30) days' prior written notice of cancellation must be given to City before cancellation of the policy will be effective. Contractor will take all steps required to prevent all such insurance from lapsing or being canceled. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer, to insure the safety of the public as GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 12 cis 15age 166 of 539 well as those engaged on the work. All barricading plans shall be approved by the City Engineer. 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials and shall be adjusted by agreement or by dispute resolution procedures as identified herein. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid or dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. DISPUTE RESOLUTION PROCEDURES. The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered in accordance with Iowa Code Chapter 679C, as amended. A request for mediation shall be made in writing, and delivered to the other party to the Contract. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any dispute not resolved by mediation, the method of binding dispute resolution shall be litigation in the Iowa District Court for Polk County. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 13 9atgSe 167 of 539 In the event the City should prevail in any legal proceedings arising out of the performance or non- performance of this Contract, the Contractor shall pay, in addition to any damages, all expenses of such action including reasonable attorney's fees, all expert witness fees, costs, and litigation expenses incurred by the City, including those incurred on appeal. The terms "costs and expenses" are not limited to the costs and expenses traditionally taxed as court costs. The term "legal proceedings" shall be deemed to include any arbitration, administrative proceedings, and all appeals from any and all of the foregoing. 12. PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the City, to ensure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. The Contractor shall further provide a maintenance bond guaranteeing the maintenance of the contract improvements for a period of two (2) years from and after completion of said improvements and their acceptance by the City. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract. The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. 17. DIVISION 2 WORK. The Contractor agrees that the City of Waterloo reserves the GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 14 9 age 168 of 539 right to remove the Division 2 work from this Contract on or before June 1, 2023. Such removal will occur if the City accepts a federal award for the Division 2 work. The Contractor agrees that if the Division 2 work is removed from the Contract, that the final contract price shall be reduced by an amount equivalent to the bid price associated with the Division 2 work. No additional price adjustments to the Contractor or penalties to the City of Waterloo shall be allowed. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 15 9atgSe 169 of 539 SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease -purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. SUPP GEN SPECS FOR CONSTRUCTION Page 1 of 1 Page 170 of 539 FORM OF CONTRACT FOR THE CONSTRUCTION OF FY 2023 CONSTRUCTION OF A FIBER -TO -THE -PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT CITY OF WATERLOO, IOWA CONTRACT NO. 1080 This contract made and entered into this day of , 20 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2023 Construction of a Fiber -to -the -premise Feeder/Distribution and Backbone Network Project and furnish all necessary tools, equipment, materials, -and labor necessary to do all the work called for in the plans and specifications in a workmanship like manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 The term "Contract" means and includes the following: A. Notice of Public Hearing B. Notice to Bidders C. Instructions to Bidders D. Proposal E. Bid Bond F. Contract G. Performance Bond H. Payment Bond I. Maintenance Bond J. General Specifications for Construction K. Construction Design Drawings L. Fiber Optic Network Design and Construction Specifications M. Notice to Proceed It is expressly understood and agreed that in addition to the documents listed above, the Contract includes any engineering data which may be furnished by the Contractor and approved by the City, together with such additional Drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the Plans and Specifications. That several parts of the Contract are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Contract is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for completion of the contract obligations. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. In the event of a conflict between any of the contract documents, the Contractor is to provide the greater quantity and/or better quality, unless otherwise directed in writing by the City or Engineer. Page 171 of 539 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within five (5) working days after receipt of "Notice to Proceed" and complete it on or before December 31, 2026 unless an extension of time is granted in writing by the Council of the City. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of one thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the authorized time. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need Page 172 of 539 PAR. 13 PAR. 14 not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part ofthis contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Bidders, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 PAR. 21 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. Page 173 of 539 PAR. 22 The Contractor agrees that the City of Waterloo reserves the right to remove the Division 2 work from this Contract on or before June 1, 2023. Such removal will occur if the City accepts a federal award for the Division 2 work. The Contractor agrees that if the Division 2 work is removed from the Contract, that the final contract price shall be reduced by an amount equivalent to the bid price associated with the Division 2 work. No additional price adjustments to the Contractor or penalties to the City of Waterloo shall be allowed. CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 20 . ATTEST: , City Clerk Waterloo, Iowa Page 174 of 539 SURETY BOND NO. PERFORMANCE, PAYMENT, AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, (hereinafter the "Contractor" or "Principal" and , as Principal , as Surety are held and firmly bound unto , as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of dollars ($ ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the day of , , hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: CONSTRUCTION OF A FIBER -TO -THE -PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT, CONTRACT NO. 1080 The improvement includes the construction of the necessary components to create the high-speed FTTP XGS-PON communications Network (the Project) within the City's defined Service Area and prepare it to deliver backbone and fiber -to -the -home services. The system shall be a fully operational high-speed communications network supporting Internet protocol technology and allowing users access to and from the Internet. The Project requires the construction of a Fiber to the Premise feeder/distribution and a backbone network which will support XGS-PON technologies to be utilized to deliver best -effort and guaranteed services to its customers within the City Service Area. The design identifies the placement of FDH's located at the City data center and network PoP's. These locations will also house active electronics and splitters in support of the FTTP deployment. Fiber routes to be built by contractor and operated by the City and the Waterloo Telecommunications Utility will be utilized to interconnect these FDHs in a fiber ring topology. Fiber routes are laid out logically to economically connect each service area back to the local cabinet located at the headend or alternate node site. Architecture is a star design for the feeder network and a ring connecting network nodes. The Project will be located at various locations throughout the City. The City has active grant applications into federal funding agencies for portions of the backbone only (Division 2 work). In the event of a grant award, the City reserves the right to remove the Division 2 work from this Contract, with a reduction in fee to the Contractor equivalent to the bid price associated with the Division 2 work. The City anticipates that a decision regarding the Division 2 work will be made on or before DATE. Page 175 of 539 (CON'T — PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. Provided, however, that one year after the date of acceptance as complete of the work under the above referenced Contract, the maintenance portion of this Bond shall continue in force but the penal sum for the remaining maintenance period identified in #3 below shall be reduced to the sum of (insert an estimated dollar value to maintain the completed project, if lower than the contract price, for the remaining period identified in #3 below, otherwise delete the sentence) DOLLARS ($ ), which is the cost associated with those items shown on the proposal and in the Contract that require a maintenance bond period in excess of one year. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from all work except new paving to be performed under the Contract within the period of two year (s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; and B. To remedy any and all defects that may develop in or result from new paving work to be performed under the Contract within the period of two year (s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; C. To keep all work in continuous good repair; and D. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. E. Maintenance bond requirements shall not apply to the following: work that is not permanently incorporated into the project, pavement markings, seeding, sodding, and plant material and planting. Page 176 of 539 (CON'T — PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less that five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. Page 177 of 539 (CON'T — PERFORMANCE, PAYMENT AND MAINTENANCE BOND) In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a word, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Page 178 of 539 (CON'T — PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) PRINCIPAL: SURETY: Project No. Contractor Surety Company By By Signature Signature Attorney -in -Fact Officer Title Printed Name of Attorney -in -Fact Officer FORM APPROVED BY: NOTE: Company Name Attorney for Jurisdiction Company Address City, State, Zip Code Company Telephone Number 1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety's raised, embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. 4. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. Page 179 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 30, 2023, and date of public hearing as April 3, 2023, in conjunction with the FY 2023 Asphalt Overlay Program, Contract No. 1073, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Street To From 4th Street West Winghaven Drive Shaulis Road 4th Street West Kimball Avenue Lovejoy Avenue Campbell Avenue Kimball Avenue Marsh Street Jefferson Street Mullen Avenue Westfield Avenue Joan Drive Wildwood Road Ravenwood Road Kimball Avenue 4th Street West Kingsley Avenue Kimball Avenue Mitchell Avenue West4th Street West Lobdell Road Rainbow Drive Castle Street Manson Street Newell Street Gable Street Newell Street Beech Street Idaho Street Parker Street Burton Avenue Broadway Street Williston Avenue Kimball Avenue Sullivan Avenue NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 180 of 539 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 181 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving submission of the Iowa Grade Crossing Surface Repair Fund application, along with the Chicago Central & Pacific Railroad, to the Iowa Department of Transportation, in conjunction with the Rainbow Drive Railroad Crossing Surface Repair Project, with the City being responsible for the cost of traffic control and twenty -percent of the construction cost, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 182 of 539 ATTACHMENTS 1. CC&P RR_Rainbow Dr. agreement Page 183 of 539 IOWA DOT Form 291308 (04-16) Rail Transportation Bureau 800 Lincoln Way, Ames, IA 50010 State of Iowa State - Aid Grade Crossing Surface Repair Fund Force Account Agreement Chicago, Central & Pacific Railroad Railroad Crossing Location Information County Blackhawk FRA No: 307897M Location: Rainbow Drive Waterloo Street Name City Name 307897M Project Number Contact Information Highway Authority Contact: Jamie Knutson Office Phone No: (319) 291-4312 Email Address: jamie.knutson@waterloo-ia.org Railroad Company Contact: Nicholas Burwell Office Phone No: (319) 236-9205 Email Address: Nicholas.burwell@cn.ca Iowa DOT Program Manager: Kristopher Klop Office Phone No: (515) 239-1108 Email Address: kristopher.klop@dot.iowa.gov Iowa DOT Project Inspector: Travis Tinken Office Phone No: (515) 290-5055 Email Address: travis.tinken@dot.iowa.gov Page 1 of 9 Page 184 of 539 FRA No: 307897M THIS AGREEMENT, entered into pursuant to Iowa Code Ch. 327G and 761 Iowa Administrative Code, Chapter 821, is between the city of Waterloo, Iowa, hereinafter referred to as HIGHWAY AUTHORITY, and Chicago, Central & Pacific Railroad, hereinafter referred to as COMPANY, and Iowa Department of Transportation, hereinafter referred to as DEPARTMENT. The HIGHWAY AUTHORITY and the COMPANY agree to repair the at -grade crossing located at Rainbow Drive in Waterloo, Iowa, and further agree as follows. SECTION I. Work Statement and Performance. The COMPANY and the HIGHWAY AUTHORITY have determined the extent of the repair to be performed at this crossing, including railway, roadway approach modifications, and replacement of existing sidewalks and/or recreational trails. This repair shall conform to the COMPANY and HIGHWAY AUTHORITY Standards. The agreed work, generally described in the Work Statement identified as Exhibit "A" attached hereto and made part of this Agreement, is to be performed by COMPANY forces. In the absence of specific COMPANY standards that have been accepted by the DEPARTMENT, BNSF/Union Pacific Railroad common crossing standards shall be used as guidance. Current standards are at the following website and considered as part of this agreement: http://www.iowadot.gov/iowarail/pdfs/UP- BNSF%20road xings%20Std.pdf If the COMPANY chooses to utilize contract company forces to perform the work, the COMPANY must obtain detailed itemized bids for the work to be completed. The COMPANY must provide the bids to the DEPARTMENT and HIGHWAY AUTHORITY for review and approval. The DEPARTMENT and HIGHWAY AUTHORITY shall approve the bid prior to the contract company performing any repair work. In the event that a contract company is utilized by the COMPANY, Exhibit B of this document is in effect and must be followed. The HIGHWAY AUTHORITY will be responsible to have existing sidewalk(s) and/or recreational trail(s) replaced by a contractor or their own forces, in accordance with the Americans with Disabilities Act (ADA) requirements. In the absence of specific HIGHWAY AUTHORITY standards that are acceptable to the COMPANY, the DEPARTMENT's Standard Road Plan MI-220 shall be used. As per Standard Road Plan MI-220, the detectable warning is to be installed 12' from the edge of the nearest rail, and the sidewalk is a minimum width of 5'. The project will include the cost of an additional two feet of sidewalk and/or recreational trail, or to the nearest sidewalk and/or recreational trail joint, whichever is less, beyond the detectable warning. Any additional new sidewalk and/or recreational trail beyond that point will be paid by the HIGHWAY AUTHORITY and is not part of this project. Truncated domes are the only detectable warnings allowed by ADA Accessibility Guidelines. Grooves, exposed aggregate, and other designs intended for use as detectable warning are too similar to pavement textures, cracks, and joints and are not considered equivalent facilitation, and do not comply with ADA requirements. Future maintenance of the sidewalk(s) and detectable warning device will be the responsibility of the HIGHWAY AUTHORITY. If the HIGHWAY AUTHORITY chooses to utilize contract company forces to perform the sidewalk or recreational trail work referenced in the above paragraph, the HIGHWAY AUTHORITY must obtain detailed itemized bids for the work to be completed. The HIGHWAY AUTHORITY must provide the bids to the DEPARTMENT for review and approval. The DEPARTMENT shall approve Page 2 of 9 Page 185 of 539 FRA No: 307897M the bid prior to the contract company performing any repair work. The HIGHWAY AUTHORITY will coordinate and have the approaches completed according to the Exhibit "A" of this agreement. The HIGHWAY AUTHORITY will pay the contractor and submit a detailed invoice billing to the COMPANY for 100% of the approach costs, along with costs for the sidewalk, and/or recreational trail. Copies of the contractors' invoice(s) should be included with the HIGHWAY AUTHORITY's billing. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY AUTHORITY. If the HIGHWAY AUTHORITY chooses to place the approaches, sidewalk(s) and/or recreational trail(s) with their own forces, they will submit an itemized billing for 100% of their costs to the COMPANY. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY AUTHORITY. The COMPANY will have the asphalt contractor chosen by the HIGHWAY AUTHORITY place the underlayment in the track opening as per the UP/BNF specifications. The billing for all asphalt will be included in the invoice the contractor submits to the HIGHWAY AUTHORITY and handled the same as stated above. SECTION II. Cost Estimate. The estimated cost of the project work is itemized on Exhibit "B" attached hereto, and made part of this Agreement. If project costs exceed the engineered estimate by more than 10%, the accrued costs must be provided to the DEPARTMENT and HIGHWAY AUTHORITY for review. The DEPARTMENT shall not pay any portion of costs over 10% of the estimate until both the DEPARTMENT and the HIGHWAY AUTHORITY have confirmed that the costs are properly within the scope of the project and in compliance with the terms of this agreement. SECTION III. Work Start and Completion. The date this agreement is signed by the DEPARTMENT is the COMPANY's authorization to proceed with the work. The COMPANY shall begin the construction of the project as soon as possible after the date the DEPARTMENT signs this agreement and shall complete the project within 18 months. Costs incurred prior to the DEPARTMENT signing the agreement are not reimbursable under this Agreement. Cost incurred more than 18 months after the DEPARTMENT signs this agreement will not be reimbursed unless the COMPANY has requested in writing, prior to expiration of the agreement, and received from the DEPARTMENT a written extension of time for completion. The DEPARTMENT shall have complete discretion, and be the sole authority to grant or deny extensions. Costs incurred for work following the extension time will not be reimbursed. SECTION IV. Traffic Control. The roadway will be closed during repair. Exhibit "A" describes specific closure conditions. The HIGHWAY AUTHORITY is responsible for the establishment and payment for traffic control (i.e.: barricades, signing, detours, detour damage, and runarounds). The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1) a minimum of 60 days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to implement the detour; and 2) 14 days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate time to provide and install appropriate signs on the detour. Page 3 of 9 Page 186 of 539 FRA No: 307897M SECTION V. Work Notification. The COMPANY shall notify the DEPARTMENT and the HIGHWAY AUTHORITY's Contact Person no later than 14 days prior to the start of its work at the crossing. The HIGHWAY AUTHORITY shall be given ample opportunity to document the materials, equipment, and labor required to complete the project. The DEPARTMENT and HIGHWAY AUTHORITY shall have the right to inspect the project work at any time. The HIGHWAY AUTHORITY shall perform on -site inspection of the project work each day. SECTION VI. Project Completion. After the COMPANY has completed the required work, the COMPANY shall so notify the DEPARTMENT and the HIGHWAY AUTHORITY in writing or by email within 30 days of completion. The DEPARTMENT shall arrange an inspection with the HIGHWAY AUTHORITY, and the COMPANY in order for all parties to determine whether the project work has been completed in accordance with the terms of this Agreement or Amendments thereto. Pavement markings and stop lines shall be placed by the HIGHWAY AUTHORITY as required by Part 8 of the Manual on Uniform Traffic Control Devices for Streets and Highways. If the existing traffic control devices at a multiple -track highway -rail grade crossing become improperly placed or inaccurate because of removal of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices, Part 8. If the roadway is widened or relocated, the existing devices shall be relocated and/or modified at HIGHWAY AUTHORITY expense pursuant to the Manual On Uniform Traffic Control Devices, Part 8. Relocation of the traffic control devices will be completed prior to removal of the detour. When the work has been completed in accordance with the Agreement, the COMPANY, DEPARTMENT, and the HIGHWAY AUTHORITY shall sign a Certificate of Completion and Acceptance form at the project site following final inspection. SECTION VII. Reimbursable Costs. The COMPANY will keep an accurate and detailed account of actual and necessary reimbursable costs incurred under this Agreement. Replacement of existing sidewalk(s) and/or recreational trail(s), and subcontracted work costs shall be included in detail with the COMPANY billing. The cost of labor, material, all associated additives and subcontracted work costs are reimbursable, and shall be billed on a force account basis in accord with Title 23 Code of Federal Regulations, Part 140, Subpart I. Labor additives reimbursed are to be exclusive of indirect and overhead costs as elected by the DEPARTMENT and provided for by 23 CFR 140.907(a). The cost of preliminary project engineering, construction inspection, track inspection, relocation of existing signals, signal wires, and switches, or the construction of runarounds will not be eligible project reimbursable costs. A copy of the Construction Sales Tax Exemption Certificate associated with this project, issued by the Iowa Department of Revenue, is attached to the Agreement. The DEPARTMENT shall not be required to reimburse state sales or use tax incurred in any state. However, the DEPARTMENT shall reimburse state sales or use tax incurred in any state other than Iowa, if all of the following conditions are satisfied: 1) COMPANY has submitted a written request for tax exemption to the state in which the materials for the project were purchased. This written request shall include a copy of the Construction Sales Tax Exemption Certificate attached to the Agreement; 2) The state in which the materials for the project were purchased by COMPANY has rejected the COMPANY'S request for tax exemption in writing; Page 4 of 9 Page 187 of 539 FRA No: 307897M 2) COMPANY has provided to the DEPARTMENT a copy of all documentation and correspondence relating to the COMPANY'S request for tax exemption and the other state's rejection of such request; and 4) the DEPARTMENT determines that the documentation and correspondence relating to the COMPANY'S request for tax exemption and the other state's rejection of such request demonstrates that reasonable efforts were made by the COMPANY to seek an exemption from the applicable sales or use tax incurred in the other state. SECTION VIII. Cost Sharing. The HIGHWAY AUTHORITY and COMPANY each shall pay twenty percent (20%) of the reimbursable costs defined in SECTION VII for work described in Exhibit "A". The DEPARTMENT will use the Grade Crossing Surface Repair Fund to reimburse the COMPANY for sixty percent (60%) of the total eligible costs for this project. The DEPARTMENT's CERTIFICATE OF AUDIT shall establish eligible reimbursable project costs. SECTION IX. Progressive Payments. The COMPANY may submit accurate progressive bills to the DEPARTMENT for sixty percent (60%) of its material, labor and any subcontracted costs included in Exhibit `B", for each crossing location. The billing for material shall be for those materials that have been delivered to the project location or specifically purchased and delivered to the COMPANY for use on the project. The DEPARTMENT and HIGHWAY AUTHORITY may make progressive payments to the COMPANY for one -hundred percent (100%) of each parry's billed participation, or the HIGHWAY AUTHORITY may elect to retain a percentage of their billed participation. SECTION X. Final Billing. If applicable, the HIGHWAY AUTHORITY will submit a detailed billing to the COMPANY for the actual sidewalk and/or recreational trail replacement costs. Upon completion of the project the COMPANY shall submit an accurate final and complete, itemized, electronic billing. Final bill shall include a detailed summary of all incurred costs. SECTION XI. Final Payment. The DEPARTMENT, upon receipt of the final bill and Certificate of Completion and Acceptance form, shall review, and forward the final bill to the DEPARTMENT'S Office of Audits for final audit. Reimbursement to the COMPANY shall be governed by the DEPARTMENT'S Certification of Audit. The DEPARTMENT shall make payment to the COMPANY equal to 60 percent (60%) of the final reimbursable amount, less previous payment. The COMPANY shall promptly reimburse the DEPARTMENT in the amount of any overpayments. The HIGHWAY AUTHORITY shall make payment equal to 20 percent (20%) of the COMPANY final billing or the estimated cost noted on Exhibit `B" of the agreement, less previous payment, within 30 days of its receipt of the COMPANY final billing. In the event of overpayment by the HIGHWAY AUTHORITY as determined by the DEPARTMENT audit of COMPANY records, the COMPANY shall pay the HIGHWAY AUTHORITY the amount of overpayment within 30 days of its receipt of the DEPARTMENT final audit. SECTION XII. Maintenance and Abandonment. Upon completion of the project, the COMPANY shall maintain the crossing surface to provide a safe and sufficient crossing for vehicular travel. If the track is removed from both sides of the crossing, the COMPANY shall remove the surface material, rail and cross ties from the crossing and shall restore the roadway void to the satisfaction of Page 5 of 9 Page 188 of 539 FRA No: 307897M the HIGHWAY AUTHORITY, all at COMPANY expense. If the existing traffic control devices at a multiple -track highway -rail grade crossing become improperly placed or inaccurate because of removal of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices, Part 8. Future maintenance of the sidewalk(s) and detectable warning device will not be the responsibility of the COMPANY. SECTION XIII. Standard Title VI Assurances. The COMPANY shall comply with all applicable DEPARTMENT and Federal laws, rules (including the administrative rules adopted by the DEPARTMENT for the IPPP Program - 761 Iowa Administrative Code, chapter 201), ordinances, regulations, and orders. The COMPANY, and all agents of the COMPANY that participate in the project, shall also comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 - to the end that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the DEPARTMENT. SECTION XIV. Successor and Assigns. This agreement shall be binding upon all successors or assigns. The COMPANY shall provide written notice to the HIGHWAY AUTHORITY and the DEPARTMENT of any assignment of this Agreement. SECTION XV. Project Contact Persons. All notices and communications essential to complete the work required by this Agreement shall be made to the Contact Persons and the DEPARTMENT specified on the cover page of this Agreement. SECTION XVI. Integration and Amendment. This Agreement and its exhibits constitute the entire Agreement between the DEPARTMENT, the COMPANY, and the HIGHWAY AUTHORITY concerning this project. If the DEPARTMENT determines a substantial change is to be made in the project work described in Exhibit "A", the DEPARTMENT will furnish the written approval of the change. SECTION XVII. Termination Due to Lack of Funds. Notwithstanding anything in this Contract to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have the right to terminate this Contract without penalty and without any advance notice as a result of any of the following: 1. The federal government, legislature or governor fail in the sole opinion of the DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its obligations under this Contract or to operate as required and to fulfill its obligations under this Contract; or 2. If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3. If the DEPARTMENT's authorization to conduct its business or engage in activities or operations related to the subject matter of this Contract is withdrawn or materially altered or modified. The DEPARTMENT shall provide the HIGHWAY AUTHORITY and COMPANY with written notice of termination pursuant to this section. The DEPARTMENT will pay the COMPANY for the DEPARTMENT share of the non -cancelable obligations allowable under the Agreement and properly incurred by the Page 6 of 9 Page 189 of 539 FRA No: 307897M COMPANY prior to termination. SECTION XVIII. Merged Documents. This agreement may be executed and delivered in three or more counterparts, each of which so executed and delivered shall be deemed to be an original, and all shall constitute but one and the same instrument. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of any section, provision, or part thereof not found to be invalid or unconstitutional. SECTION XIX. Agreement Execution. IN WITNESS WHEREOF the COMPANY, the HIGHWAY AUTHORITY and the DEPARTMENT hereto have caused this Agreement to be executed by their duly authorized officers as of the dates indicated below. Executed by the COMPANY Chicago, Central & Pacific Railroad By: Name Paula Pienton, Chief Bridges & Structures 12/28/22 Date Executed by the HIGHWAY AUTHORITY Waterloo, Iowa By: Name Date Executed by the DEPARTMENT this Iowa Department of Transportation By: Tammy Nicholson, PE, Director, Date Modal Transportation Bureau Page 7 of 9 Page 190 of 539 IOWA DOT Form 040016 (04-18) EXHIBIT "A" - WORK STATEMENT Print Form Iowa Grade Crossing Surface Repair Fund and Federal -Aid Rail/Highway Crossing Surface Repair Meeting Date: 02/10/2020 FRA No: 307897M County: Black Hawk Highway Authority:Waterloo RR Company: CN Location: Rainbow Drive Street City 1. Crossing(s) Reconstructed A. COMPANY will reconstruct 2 crossing(s) of 96 total feet that include 78 feet of Rubber surface material through the traveled roadway and 18 feet of Rubber surface material through the shoulder or sidewalk area. As a minimum, the crossing must extend beyond the edge of the traveled roadway and through the shoulder if not curbed. B. Existing rail weight through crossing(s) 115 2 Traffic Controls (check below) ❑ A highway runaround will be constructed to permit two-lane traffic during repair. The highway will be closed for 7 days during repair. NOTE: The HIGHWAY AUTHORITY is responsible for placement and cost of barricades, signing, detours, detour damage, and runarounds. A. The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: A. A minimum of sixty (60) days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to implement the detour. B. Fourteen (14) days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate time to provide and install appropriate signs on the detour. The COMPANY shall advise the STATE PROJECT INSPECTOR fourteen (14) days in advance of the actual starting date. 3. Track Elevation Relative to Existing Road Pavements (check below:) ❑ Tracks will be constructed to meet existing road grade. ❑ Roadway will be reconstructed to meet a proposed new track grade (roadway work is not covered by this Agreement.) ® Tracks will be elevated 1 inches above the adjacent roadway requiring a taper (complete item 4A and 4B) In any event, the parties agree to provide a smooth crossing. 4. Roadway Work -- Must be sufficient to provide a smooth crossing. A. Approach Length (estimated) A 40 foot taper on the North side of the crossing and a 40 foot taper on the South side of the crossing, requires 50 tons of HMA material (estimated). Taper length should not exceed 25 feet for each inch of track rise. This work will be completed by (mark with an yI9: ❑ COMPANY forces ❑ COMPANY contractor ❑ HIGHWAY AUTHORITY forces ►1. HIGHWAY AUTHORITY'S contractor Page 191 of 539 FRA No: 307897M B. Track Opening in the Roadway (mark with an A) ❑ Existing track opening will be maintained. ® Track opening of 26 feet will be required involving the following described roadway modifications. Est. HMA tonnage 60 This work will be completed by (mark with an X): ❑ COMPANY forces ❑ COMPANY contractor ❑ HIGHWAY AUTHORITY forces ® HIGHWAY AUTHORITY'S contractor 5. Existing Sidewalk(s) and/or Recreational Trail replacement by HIGHWAY AUTHORITY The quadrants requiring upgrades to meet ADA requirements (mark with an X): Sidewalk (5' width required) ❑ NE (feet) SE (feet) ❑ NW (feet) SW (feet) * Rec Trail (10' width) ❑ NE (feet) SE ❑ NW (feet) SW * Recreational trail footage will be doubled because we use the sidewalk 5' width cost for reimbursement. This work will be completed by (mark with an A). ❑ COMPANY forces ❑ ❑ COMPANY'S contractor ❑ 6. Crossing(s) Permanently Retired and Removed A. COMPANY will retire and remove crossing(s). B. Voids in pavement will be filled with This work will be completed by (mark with an A). ❑ COMPANY forces ❑ ❑ COMPANY'S contractor ❑ 7. Drainage (mark with an A) A. ❑ Present drainage is adequate. B. ® Drainage work required. Specify work to include materials and outlet. C. ] Clean all four (4) quadrants for good surface drainage. Clean all four quadrants to improve positive drainage away from track structure. & Additional Construction and Traffic Control Conditions; i.e., Road Closure Limitations - Construction at this crossing included with this project, and not described above. Only ACC or PCC will be placed one (1) foot from the railroad surface material. Both crossings will be a the same elevation at completion of the project. Currently switch is out of industrial siding, Nick Burwell needs to get confirmation if it will be officially removed or not. Hold project until determination is made. (feet) (feet) State Project Manager: Travis Tinken 515-290-5055 (cell phone) Name Date HIGHWAY AUTHORITY forces HIGHWAY AUTHORITY's contractor material requiring (units). HIGHWAY AUTHORITY forces HIGHWAY AUTHORITY's contractor Additional Attendees: Nick Burwell CN Wayne Castle City of Waterloo Page 192 of 539 Operations Special Capital Project Estimate Design and Construction Homewood, IL Southern Region Location: Company Name: Subdivision Name: Mile Post: State: Survey Network Number: Track Network Number: Signal Network Number: Buy American Certification Required? Agency: Labor Additive Type: NEW RUBBER @ RAINBOW DR 307897M RAINBOW DRIVE Chicago, Central & Pacific Railroad Company WATERLOO 2.43 IA No Iowa MOW DOT Agency/CN Approved Labor Material Other Total Capital Cost PW Material Donation TOTAL PROJECT COST $35,148 $47,438 $85,787 $168,373 $o -$134,698 $33,675 Created By: Revised By: Created Date: Date Revised: Status: NW BURWELL NW BURWELL August 21, 2019 December 2, 2022 Preliminary Description GANG SIZE DAYS MANDAYS PRICE TOTAL 1 LABOR 1 Unload/Distribute Material Construct Track Surfacing Welding Install Crossings Remove Crossings 5 5 3 2 7 5 1 2 2 3 1 1 5 10 6 6 7 5 $330 $330 $330 $330 $330 $330 $1,650 $3,300 $1,980 $1,980 $2,310 $1,650 TOTAL DIRECT LABOR MD: 39 $12,870 Description MATERIAL New Rail Field Welding Track Spikes Rail Anchors Minor OTM Track Ties Ballast Crossing Materials Subtotal New / Capitalized Material TOTAL 1 1 $5,315 $736 $357 $555 $7,986 $13,845 $2,769 $13,616 $45,179 TOTAL DIRECT MATERIAL $45,179 Description OTHER 1 Engineering Real Estate Grading Contractor Track Construction Utilities Signal and Communications Bridge & Structures Hauling/Disposal Miscellaneous UM QTY PRICE TOTAL 1 Total Engineering Total Real Estate Total Grading Mobilization/R&R track panel Total Contractor Track Construction Total Utilities Total Signal and Communications Total Bridge & Structures Offsite Disposal of Debris Total Hauling/Disposal Per Diem (BMWE Labor) Contingency Holland Flash Butt Welding PAVING BY OTHERS Total Miscellaneous LS $0 $0 $0 1 $24,000.00 $24,000 $24,000 $0 $0 $0 LS 1 $3,000 $3,000 MD 41 $87 SUM 10% $153,066 EA 2 $600.00 BID 1 $38,713.00 $3,000 $3,567 $15,307 $1,200 $38,713 $58,787 TOTAL OTHER $85,787 Page 1 Page 193 of 539 Operations Special Capital Project Estimate Design and Construction Homewood, IL Southern Region NEW RUBBER @ RAINBOW DR 307897M Description UM QTY PRICE TOTAL 1 ADDITIVES Labor Capitalized Surcharges Material Capitalized Surcharges USD USD $12,870 $45,179 173.10% 5.00% $22,278 $2,259 TOTAL ADDITIVES $24,537 'DONATION Donation 1 Amount TOTAL USD $1 $134,698 -$134,698 1 TOTAL DONATION -$134,698 TOTAL CAPITAL COST TOTAL NON -CAPITALIZED COST (PW MATERIALS) TOTAL DONATION TOTAL PROJECT COST $168,373 $0 -$134,698 $33,675 (MATERIAL FORECAST Material Description NEW RAIL FOR: I State Tax I UM I QTY I Unit Price I Total RAIL 115 LB ALL MANUF/METAL/PROCESS 0.00% FT 240 $22.14 $5,315 TOTAL NEW RAIL $5,315 FIELD WELDING THERMITE KIT 115 # 0.00% EA 4 $91.82 $368 THERMITE KIT 90 # 0.00% EA 4 $91.82 $368 TOTAL FIELD WELDING $736 TRACK SPIKES SPIKE TRACK 5/81N X 61N AREMA 60 PER CAN 0.00% CAN 9 $39.58 $357 TOTAL TRACK SPIKES $357 RAIL ANCHORS ANCHOR RAIL 115# HD OVR DRV STOP TS1313 0.00% EA 325 $1.71 $555 TOTAL RAIL ANCHORS $555 MINOR OTM Rail Frgd Comp 115RE New to 90RA Wrn LH 26ft 0.00% EA 2 $1,996.48 $3,993 Rail Frgd Comp 115RE New to 90RA Wrn RH 26ft 0.00% EA 2 $1,996.48 $3,993 TOTAL MINOR OTM $7,986 TRACK TIES TIE PRE -PLATE 6" CASTTP 10 HARWOOD 0.00% EA 78 $177.49 F $13,845 TOTAL TRACK TIES $13,845 BALLAST BALLAST AREA 5 0.00% TN 120 $23.07 $2,769 TOTAL BALLAST $2,769 CROSSING MATERIALS CROSSING RECYCLED RUBBER 115# 10' TIES 0.00% FT 48 $244.13 $11,719 Clip, Pandrol, E2055, Galvn, 0.00% EA 325 $4.24 $1,379 DEFLECTOR PLATE SET 0.00% EA 1 $517.23 $518 TOTAL CROSSING MATERIALS $13,616 V.4.5 TOTAL MATEFI $45,179 Page 2 Page 194 of 539 ITEM ITEM DESCRIPTION UNITS EST. QTY. EST. UNIT PRICE EST. PRICE 1 REMOVAL OF PAVEMENT SY 199.0 $ 15.00 $ 2,985.00 2 STANDARD OR SLIPFORM PCC, CLASS 3 DURABILITY, 10" SY 177.0 $ 125.00 $ 22,125.00 3 STANDARD OR SLIPFORM PCC, CLASS 3 DURABILITY, 6" SY 70.0 $ 75.00 $ 5,250.00 4 CURB & GUTTER, PCC, 2.5 FT, 10" LF 99.0 $ 65.00 $ 6,435.00 5 GRANULAR MATERIAL TON 25.0 $ 50.00 $ 1,250.00 6 PAINTED PAVEMENT MARKINGS, WATERBOURNE OR SOLVENT STA 3.34 $ 200.00 $ 668.00 $ 38,713.00 Page 195 of 539 https://www.idniowa.gov/taxexemption/certificate.asp?id=226838 IOWA )'Department of Revenue www.iowa.gov/tax Designated Exempt Entity Iowa Construction Sales Tax Exemption Certificate and Authorization Letter This document may be completed by a designated exempt entity and given to their contractor and/or subcontractor. Seller: Keep this certificate in your files. Contractor/Exempt Entity: Keep a copy of this certificate for your records. Do not send this to the Department of Revenue Designated Exempt Entity Iowa Department of Transportation Address 1 800 Lincoln Way Address 2 City Ames State Zip Code 50010 0000 Construction Project Name Surface Crossing Repair 307897M Construction Project Number (if used) 307897M45. Description of contract/subcontract Highway -Rail Crossing Surface Repair General Contractor or Subcontractor Name Chicago, Central Et Pacific Railway Company Address 1 17641 S Ashland Ave. Address 2 City Homewood, IL State IL Zip Code 60430 Type of Work General Contractor The named contractor/subcontractor may purchase building materials used in the contract, exempt from sales tax. This exemption does NOT apply to materials, equipment and supplies consumed by the contractor or subcontractor that are not incorporated into the real p;operty being constructed. Designated Exempt Entity Authorized Agent: (�� X Atit .,/ ate: 1 P /! obet J Authorization Letter From Iowa Department of Transportation CONTRACTORS/SUBCONTRACTORS: A copy of this document must be presented to your supplier(s) prior to purchasing your building materials. Pursuant to Iowa Code Section 423.3(80), you are authorized to purchase building materials tax free for the contract specified above. The exemption certificate (or a copy of the certificate) may be provided to the suppliers of your building materials and will authorize them to sell you the materials exempt from Iowa sales tax and any applicable local option sales tax. Complete information on qualifying materials can be found at www.iowa.gov/tax, the Iowa Department of Revenue (IDR) Web site. It is your responsibility to have records identifying the materials purchased and verifying they were used on this project. Any materials purchased tax-free and not used on this construction project are subject to sales and applicable local option tax. Should this occur, the tax must be paid directly by you to IDR in the same calendar quarter the project is completed. E-mail the department at: idr@lowa.gov if you have questions on this requirement. Contractors should be aware that use of the certificate to claim exemption from tax for items not used on this project or that do not qualify for exemption could result in civil or criminal penalties. 31-013 (12/10/02) 1 of 1 10/10/2019 12:04 PM Page 1'96 of 539 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as March 20, 2023, to approve the request by South Hills Senior Living, LLC, for a Site Plan Amendment to allow for the construction of a 9,307 square foot (23 stall) parking garage in the "R-4,R-P" Planned Residence District located at 1117 Maxhelen Boulevard, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Request by South Hills Senior Living, LLC for a Site Plan Amendment to allow for the construction of a 9,307 square feet (23 stall) parking garage in the "R-4,R-P" Planned Residence District located at 1117 Maxhelen Boulevard. The area in question has been zoned "R-4, R-P" Planned Residence District since being rezoned from "A-1" Agricultural District with the adoption of Ordinance 2777 on January 24, 1975. Surrounding land uses and their zoning designations are as follows: North — Highway 20 and commercial; zoned "C-2" Commercial District and "C-2, C-Z" Conditionally Zoned Commercial District. South — Residential and Agricultural; zoned "R-4" Planned Residence District and "A-1" Agricultural District. East — Residential and senior living facility; Zoned "R-4, R-P" Planned Residential District. West — Residential and Vacant Land; zoned "A-1" Agricultural District. The Future Land Use Map designates this area as Mixed Residential: Low, Medium, and High Density Residential; and Professional Offices. 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 a site plan amendment in order to construct a new 9,307 square feet (23 stall) parking garage in the "R-4, R-P" Planned Residence District.The proposed building is a one story garage which will be in character with the area which contains a senior housing facility. Parking requirements for a Senior Housing Facility are one (1) parking space for every 2 units. Plus 5 visitor parking stalls for every 40 units thereof, the parking requirement is 45 parking spaces. The site plan notes 42 existing parking spaces, including two handicapped spots and an additional 23 parking spaces with the new garage, which will bring the total number of parking spaces to 65. The parking Page 197 of 539 requirement has been met. It should be noted that the South Hills Senior Living facility is located within the Highway 20 Corridor and the proposed garage does not meet the minimum 50' front yard setback from the property line off of Highway 20. A variance is required by the Board of Adjustment in order to move forward with the project, which will be considered by the Board on February 28, 2023. The Planning and Zoning Commission unanimously recommended approval of the site plan amendment request at its regular meeting on February 14, 2023. Therefore, staff recommends that the request by South Hills Senior Living, LLC for a Site Plan Amendment to allow for the construction of a 9,307 square feet (23 stall) parking garage in the "R-4, R-P" Planned Residence District located at 1117 Maxhelen Boulevard, 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 would be compatible with surrounding development. And with the following conditions: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. NEIGHBORHOOD IMPACT The request for a site plan amendment would not appear to have a negative impact on the surrounding area as it would appear to be compatible with the existing senior living facility. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site will be served by Maxhelen Boulevard which is a local street. The proposed request would not appear to have a negative impact on drainage in the area. No portion of the property is located within a special flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0304F, dated July 18, 2011. There is 4" drain tile along Maxhelen Boulevard and an 8" sewer main to the south of the property. There is also a 12" water main along Maxhelen Boulevard. There is also a 6" sewer main located in the southwest corner of where the garage will be located. The applicant could construct a sleeve over the portion of the sanitary sewer where the garage would be constructed in the future. This would allow for the maintenance of the sewer without disrupting the garage that would be built over the sewer line. The applicant currently has an existing 24 'X 36' (864 square feet) garage that is located over the existing 6" sewer line on the property that is located next to the proposed garage. DATA, ANALYSIS, AND STRATEGIES Page 198 of 539 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lot No.1 and Lot No. 2 in Guernsey Park, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. City Council Packet Page 199 of 539 March 20, 2023 REQUEST: Request by South Hills Senior Living for a Site Plan Amendment to allow for the construction of a 9,307 square feet (23 stall) garage in the "R-4,R-P" Planned Residence District located at 1117 Maxhelen Boulevard. APPLICANT: South Hills Senior Living, 1117 Maxhelen Boulevard, Waterloo, Iowa, 50701 GENERAL The applicant is requesting to construct a 9,307 square foot DESCRIPTION: (23 stall) parking garage, at 1117 Maxhelen Boulevard. SURROUNDING The request for a site plan amendment would not appear to LAND USES AND have a negative impact on the surrounding area as it would IMPACT ON appear to be compatible with the existing senior living facility. NEIGHBORHOOD: 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 will be served by Maxhelen CONDITIONS: Boulevard which is a local street. RELATIONSHIP TO The Shaulis Road Trail is located 3,000 feet to the south of the RECREATIONAL proposed site plan amendment area. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "R-4, R-P" Planned FOR SITE AND Residence District since being rezoned from "A-1" Agricultural IMMEDIATE VICINITY: District with the adoption of Ordinance 2777 on January 24, 1975. Surrounding land uses and their zoning designations are as follows: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: DEVELOPMENT HISTORY: North — Highway 20 and commercial; zoned "C-2" Commercial District and "C-2, C-Z" Conditionally Zoned Commercial District. South — Residential and Agricultural; zoned "R-4" Planned Residence District and "A-1" Agricultural District. East — Residential and senior living facility; Zoned "R-4, R-P" Planned Residential District. West — Residential and Vacant Land; zoned "A-1"Agricultural District. No buffers would be required as a part of this request. The proposed request would not appear to have a negative impact on drainage in the area. The senior housing was primarily constructed during the 1990's. SPA-1117 Maxhelen BLVD Page 1 of 8 Page 200 of 539 March 20, 2023 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: No portion of the property is located within a special flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0304F, dated July 18, 2011. There are no schools within the immediate area. There is 4" drain tile along Maxhelen Boulevard and an 8" sewer main to the south of the property. There is also a 12" water main along Maxhelen Boulevard. There is also a 6" sewer main located in the southwest corner of where the garage will be located. The applicant could construct a sleeve over the portion of the sanitary sewer where the garage would be constructed in the future. This would allow for the maintenance of the sewer without disrupting the garage that would be built over the sewer line. The applicant currently has an existing 24 'X 36' (864 square feet) garage that is located over the existing 6" sewer line on the property that is located next to the proposed garage. The Future Land Use Map designates this area as Mixed Residential: Low, Medium, and High Density Residential; and Professional Offices. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. Whall shin as to raid, euSGrkg 'Mite vinyl Siding maNll BxiE rg aouverod Yerr5 — 4'h,rte vinyl winnows Face-94M faundaltwia North Etevation Lie• 1-11 MIL South Elevation Garage Addition South l Wk. Senior Living SPA-1117 Maxhelen BLVD Page 2 of 8 2 Page 201 of 539 March 20, 2023 West Elevation E..II door OAr.hrkWindows _ 't � J. West le eualion r —WJ—_ti 'YY■ -- j L Garage Addition South Hills Senior Living SPA-1117 Maxhelen BLVD Page 3 of 8 3 Page 202 of 539 March 20, 2023 STAFF ANALYSIS — The applicant is requesting a site plan amendment in order to ZONING construct a new 9,307 square feet (23 stall) parking garage in ORDINANCE: the "R-4, R-P" Planned Residence District. The proposed building is a one story garage which will be in character with the area which contains a senior housing facility. Parking requirements for a Senior Housing Facility are one (1) parking space for every 2 units. Plus 5 visitor parking stalls for every 40 units thereof, the parking requirement is 45 parking spaces. The site plan notes 42 existing parking spaces including two handicapped spots and an additional 23 parking spaces with the new garage, will bring the total number of parking spaces to 65. The parking requirement has been met. It should be noted that the South Hills Senior Living facility is located within the Highway 20 Corridor and the proposed garage does not meet the minimum 50' front yard setback from the property line off of Highway 20. A variance will therefor be required by the Board Of Adjustment in order to move forward with the project. The applicant submitted an application for a variance to the setback requirements for the Highway 20 Corridor Overlay District and the Board of Adjustment will be meeting on February 28, 2023 to discuss the variance. The Planning and Zoning Commission unanimously approved the site plan amendment request at its regular meeting on February 14, 2023. TECHNICAL REVIEW The Techncial Review Committee discussed the need for COMMITTEE proper mechanical venting of the structure to ensure there is adequate air flow for health and safety purposes. SPA-1117 Maxhelen BLVD Page 4 of 8 4 Page 203 of 539 March 20, 2023 Picture 1: Looking north from the parking lot behind the existing building. Picture 2: Existing back of building with new garage going in to the right. SPA-1117 Maxhelen BLVD Page 5 of 8 5 Page 204 of 539 March 20, 2023 Picture 3: Looking north from existing parking lot to residences to the south of Maxhelen Boulevard. Picture 4: Looking south from existing parking lot toward existing accessory structure and Maxhelen Boulevard. SPA-1117 Maxhelen BLVD Page 6 of 8 6 Page 205 of 539 March 20, 2023 Picture 5: Front of building looking toward main entrance. STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The applicant is not proposing to subdivide the property. Therefore, staff recommends that the request by South Hills Senior Living for a Site Plan Amendment to allow for the construction of a 9,307 square feet (23 stall) garage in the "R- 4, R-P" Planned Residence District located at 1117 Maxhelen Boulevard, 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 would be compatible with surrounding development. 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. SPA-1117 Maxhelen BLVD Page 7 of 8 7 Page 206 of 539 City of Waterloo City Council March 20, 2023 WILDWUUU z IJ PAIGE Jgi,J -11 SOIIIYA DR KU CC_1 R-2 R-3 R-4 z W J E. SAN MARNAN DR M-1 HAMMOND AV C-2,C-Z Y C2,CZ C-2 SOUTHTOWN DR C-2,C-Z z FLAMMANG DR T \ UMMI GBIRD Q p CIR PINTAIL DR* CO,,,0 O y Q�Q`O� GMMINGB R� \� �F W vP J A-1 R-3 HAMMOND AVE z J U J 0 z REFLECTION LN * .LEN Z J W z <� 11 -E- do OR - / 1. , Z R-4,R-P / I� 0,`. 0 O ' co ij0NS_G� = HOLSTE/NA 0 OFL R-2 JERSEY LN 0 R-1 C-P 1117 Maxhelen Boulevard Site Plan Amendment South Hills Senior Living 8 Ppge 9117 of S�� City of Waterloo City Council March 20, 2023 1117 Maxhelen Boulevard Site Plan Amendment South Hils Senior Living 9 Ppge 9f1R of Sg� 12" water main 12" water main 12" main in Maxhellen la 9' N of N line of Maxhel GUER TEYPARK P C CDOMvIULVI PLEASE NOTE THIS MAP DOES NOT REPRESENT A SURVEY, NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA DELINEATED HEREIN, EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY OR THE WATERLOO WATER WORKS OR THEIR EMPLOYEES. BLACK HAWK COUNTY AND THE WATERLOO WATER WORKS MAKES NO WARRANTY, EXPRESSED OR IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS MAP, AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY. WATERLOO WWORKS 325 Sycamore Street P 0 Box 27 Waterloo, Iowa 50704 Ph 319-232-6280 Fax 319-232-1962 10 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) I. APPLICATION INFORMATION: a. Applicant's name - Business Name if Applicable (please print): So.k-L i }) t k% Sew ; p L`) Address: ///7 fla.kOtt e. glide( Phone: Si9r2 3- S575-$' Fax: AA- �1 State: Zo Zip: St7e, Email: b. Status of applicant: (a) Owner x. (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): t! ARSdmo ,Ciropt-i-. cs D4 JE LRsoA) Address: "Pc• 'an it 9Y3 Phone:3/1.--0231-6.25-5 Fax: City: (A.>a, .-e ,-Lota State: Z4 Zip: .5 070 y Email: cic_v,e/4rso,, a Att hs i. Coro, 2. PROPERTY INFORMATION: a. General location of site plan to be amended: / / / 7 c4we geJen 81 Lief, ?o/ b. Legal description of property or portion to be amended: Pc� - �Q C .z b 22 )3 ,1 /.r' &en 1//7 tI IAD nS Pii-rk Lo 11- .2 c. Dimensions of pry osed site plan amendment: - -$, #S> " x / 70 # d. Area of proposed site plan amendment: Nor/'G eas A a rec., ®� ., e rM s �u.�-{� Lot- e. Current zoning: f. Reason(s) for r site plan amendment and proposed use(s) of property: I .23 S4-a 'ic.r �ltie ram . �r S +t-.. N�1l �@ilyor Lh.r� AAA, g. Conditions (if any) agreed to (does. ml affect existing conditions unless specified): t + •tr h. Other pertinent information (use reverse side if necessary): 7 ri 1.3 n c .ta eQ -. Please Ni e: 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 fling fee of $200 (for new or overall amendment), $100 (for individual Building), or SO (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. Ali information submitted will be used by the Waterloo Planning, Progratnining, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the proper in question in regards to the request. Date11 Page 210 of 539 Signature of Applicant Date Signature of Owner N Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 214 E 4th St Page 21 Tor Office Use Only Date Received: \ Received by; staff to make a copy for applicant • CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IIVIPROVEMBNTS UNDER ] HR PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATIONAREA PLAN ADOPTED BY 1HE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CIJRA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: . 1, At least a 10% improvement to the value of the residential property. At least a 15% improvementto the value of cominerciai property if building was previously on the site. If commercial properly was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within -the CURA boundaries (amap of which can be obtained from the City of Waterloo Community Planning & Development Department) 3. This application must be filed with City prior to the 1'! workina day of February following the year when the improvements are completed to comply with the. timeline of the State Code ofIowa, Section404,4 unnumbered paragraph2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out -the following information for your application to be submitted to the City Celina, NAM: iA±! �` tra Hale} 5`�l{6 SIGNATURE: : " ' v ADDRESS: 1 _' Ft `E EMAIL: I,$)1'l0'P. r ,inel rani eVate.. LLC 0.,.9pi1in .Caryl TELEPIIONE: 2N.-- 0•4 7 • DATE: (1 1 <, f A. What is the Address of the property being improved? 114 `S-I S'ut • What is the Legal Desaiptfon ofthaproperty? (May be available at County Recorder's Office onn 2"d/floor ofthe �Courthouse)? 6 -c_t. L g 1 1 v7 2710 3 02-r 42)14'7 ;,..--, B. Indicate desired exemption schedule: (1 or 2) 1, One Hundred Percent (100,%) exemption for thrcc years on the actual value added by improvements: 2, ' A partial exemption on the actual value added by improvements according to The following schedule: d. FourthYear 50% - g. Seventh Year---3 0%. e. PlfthYeur 40% h. Eighth Ycar-------3O% f. Sixth Year--------40% I. NlnfitYear.-».M- --20% j, Tenth Yeah 20% C. What was the nature of the irnprovement(s)7 a. First Year .,..----480% b. Second Year 70% c. Third Year--- GO% tt v 7)1nJ D ` cr^c-to 44.4 q Ira re... ee D. City ❑fWaterloo Building and Inspections Department Information: PermitKumber: &Y 3"ODD7�.M1Date permit was issued: 1_,W5 Ibtalpermit(s) valuation:.(IVO] 641,E 'E. Whatwas the cost of the improvement? 66) (V© F, Estlmated or actual date of completion of these Improvements? Aperl 3 • G. Ifthis is not a single-family dwelling unit, which you own and reside In, will these improvements create a displacement of your tenants? Yes ) No . Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 212 of 539 CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DAthIJ: RESOLUTION NO: BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DENIED DATED:. T.T. Koenigsfeld Black Hawk County Assessor Page 213 of 539 Exhibit A The Southwesterly 6 inches of the Northwesterly 90 feet of the Northeasterly 40 feet of Lot No. 3; The. Southwesterly 20 feet of the Northwesterly 110 feet of Lot No. 3; The Southwesterly 10 feet of the Southeasterly 40 feet of Lot No. 3; and the Northeasterly 20 feet of Lot .No. 6; ell in Block No. 14 in the original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, rows; EXCEPT that part of Lots 3 and 6 described as follows: The Southwesterly 20 feet of said Lot 3 lying Southeasterly of a line drawn from a point on the Northeasterly line of the Southwester1y'20 feet of said Lot which is 105.11 feet Southeasterly of the Southeast line of East Fourth Street, to a point on the southwest line of said Lot which is 104.96 feet Southeasterly of said Southeast line of East Fourth Street, except the Northeast 10 feet of the Southeast 40 feet of said Lot 3: and, that part of the Northeasterly 20 feet of said Lot 6, lying Southeasterly of a line drawn from a point on the Northeast line of said Lot which is 104.96 feet Southeasterly of the Southeast line of East Fourth Street, to a point on the Southwest line of said Northeasterly 20 feet which is 104.80 feet Southeasterly of the Southeast line of East Fourth Street. and Lot 6, Knepper and Larmon's Subdivision of the NW 50 feet of Lots 7 & 10, Block 14 in the Village (now,City) of Waterloo and an the East Side of Cedar River, in Black Hawk Country, rowa. AND All of the following described real estate lying NW-ly of a line drawn from a point on the Northeast line of Lot 6, Block 14, the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, Which is 104.96 feet SE.1y of the Southeast line of East Fourth Street, thru a point on the Southwest line of said Lot 6 which 'is 104.50 feet SE;ly of the Southeast line of said East Fourth Street, to a'point on the Southwest line of the NE-1y 20 feet of Lot 7, said Block 14, at a point which is 104.34 feet SE-1y of the Southeast line of said East Fourth Street: The Southwesterly 20 feet of the Northeasterly 40 feet of Lot 6. the Southwesterly 20 feet of Lot 6/and the Northeaster,}y 20 feet of the ` Southeasterly 75 feet of the Northwesterly 125 feet of Lot 7, Block 14, the original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Page 214 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Kelley Felchle, City Clerk March 6, 2023 City Clerk Department AGENDA ITEM TITLE Resolution approving a Variance to the Noise Ordinance for Maria Rubio Moreno for a graduation event, to be held at Hope Martin Park from 9:00 a.m. to 9:00 p.m., on June 3, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Moreno Noise Variance Page 215 of 539 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: APPLICANT'S ADDRESS: APPLICANT'S PHONE #: �r i � u o M( g-r0 qt7_ ` esk s-- C31A, 50-1- 32 60 ANTICIPATED DATE OF VARIANCE: NAME OF EVENT: rC .-Vi Or\ TIMES OF DAY OF VARIANCE: 06 -(") - 23 q ' 00 Am — G oo .pm GEOGRAPHICAL LOCATION OF VARIANCE: 7 S- a 3 `T l e_A- c1,o y- Au 2, DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. vs11 1Q. tp \oW oLivl m3 60-1/4x 7r--e,5 U cAo IN ► mNl3 w jtc i;l;z ie,k per nrtlsjo►'\ 4-0 50+ rc. ex2hA,-- k_0\ 11 A-cty-e- rp\ cxG2-- o j u r,p 3 ` 2o73 N-(,1,1.(1,x-A\^ 91o\4e-r cyvuy-1 be rs ckirafir► e011/4,s _ CITY COUNCIL ACTION: APPROVAL: { Applicant's Signa re -f-e.hr o r`� t o 2 D'2_/3 Date J Police Dept. Recommendation APPROVAL: ) DENIAL: to + i Etc( eec.0 7 o D /f'i' DENIAL: DECIBEL LEVEL: Page 216 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department March 6, 2023 AGENDA ITEM TITLE Leisure Services Commission Board minutes of January 10, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board Minutes 1-10-2023 Page 217 of 539 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, January 10, 2023 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. Brenda Durbahn called the meeting to order at 7:30am. Present: Council Liaison Dave Boesen, Jessica Rucker, Ellen Vanderloo, Brenda Durbahn, Tim Moses, Tom Powers, Tom Christensen, Staff: Paul Huting, JB Bolger, Chris Dolan, Travis Nichols, Bob Etringer—arrived 8:50am Absent: Todd Derifield, Bob Bamsey Brenda Durbahn called for approval of the agenda. A motion to approve agenda was received from Tom Christensen, second by Tim Moses. Ayes: All Nays: None Brenda Durbahn called for motion for the approval of the 12/13/2022 meeting minutes. Motion by Ellen Vanderloo to approve meeting minutes with the correction to Sulentic Park not Lichty Park, second by Tom Powers to approve corrected minutes. Ayes: All Nays: None Brenda Durbahn called for approval of the bills. Motion to approve December bills from Ellen Vanderloo, second by Tom Powers Ayes: All Nays: None UPDATE ON FYE2024 BUDGET PROCESS Paul Huting provided an informational update on the FYE2024 Operating Budget Process. TRANSFORMING GATES AND BYRNES PARKS Paul Huting provided informational updates on the Gates and Byrnes projects. BOARD MEMBER TERMS Paul distributed information on the terms for the current board members. STAFF UPDATES Forestry — Todd Derifield No updates. Sports and SportsPlex — Bob Etringer We have been concentrating on increasing memberships heading into the new year. We have started an advertising campaign thru tv and radio ads to help drive membership with new year's resolutions. Advertising has been well received and seems to be increasing memberships. Construction — Travis Nichols The construction crew continues to do the winter garbage route and weekly park inspections. They are doing general maintenance in the parks and at Leisure buildings. They did snow removal in December and are working on equipment maintenance, picnic table repairs and park signs. The two projects we have going besides Gates/Byrnes Parks are the REAP grant at Greenbelt Lake and the CDBG at Edison. The REAP grant is in the design phase. We will be receiving proposals for the Edison Park play equipment with a deadline of January 19th. We will need to have a Page 218 of 539 park committee meeting sometime between January 23rd and February 10th. The park committee will present to the Commission their selection for approval and then it will be submitted for final approval at the February 20th council meeting. I will be sending out email to park committee members to organize this meeting. Golf and Downtown Area — JB Bolger • Crews have been completing snow removal as needed. • We have experienced poor cross country ski conditions so far. Wind blew away most of the snow that has fallen. • Crews are servicing summer mowing units in our main shop and mower room. • Excavation of the ponds at Gates is on hold until/if we get some sustained cold temperatures. We need temps consistently around 20 or lower in order to be able to complete this work. If we do not get this kind of weather we will have to wait until next winter to dredge the Gates Golf Course ponds. • Staffing updates for the department: Morganne has provided us two weeks' notice that she will be taking a different job. We will be advertising the Front Desk Associate position in an effort to backfill her departure. We have a Golf Maintenance III interview scheduled for Thursday to backfill Torn Klein's retirement. Paperwork for backfilling the opening created when a Golf Maintenance II employee promotes to Golf Maintenance III has been turned in with the hope that we can be at a full staffing level on the golf courses by spring mowing season. Young Arena — Chris Dolan The Battle of Waterloo Wrestling Tournament concluded on Saturday, December 17111. Attendance was excellent for the 2 day event. Osage was the Champion of the Boys 32 team division. Cedar Falls was the Champion of the 16-team girls division. The Waterloo Black Hawks are currently in 3rd place in the USHL West. The Black Hawks average attendance is 2,049 thru 17 home games. The next regular Leisure Services Commission Meeting will be held Tuesday, February 14, 2023. Ellen Vanderloo and Bob Bamsey will not be able to attend. Motion made by Jessica Rucker to adjourn the meeting, second by Ellen Vanderloo. Brenda Durbai ,n adjourned the meeting at 8:33am. \1QYLL Jessica Rucker, Secretary Date Page 219 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department March 6, 2023 AGENDA ITEM TITLE Airport Board minutes of January 25, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Airport Board Minutes of January 25, 2023 Page 220 of 539 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, January 25, 2023 I. ROLL CALL Board Chair, Scott Voigt, called the meeting to order at 12:06 p.m. Board Members Present: Scott Voigt, Gwenne Berry, Cary Darrah, David Deeds and Todd Holcomb. Board Members Absent: Arlene Humble. City Officials Present: Ray Feuss, John Chiles, Council Liaisons. Airport Staff Present: Keith Kaspari, Sheila Combs and Rusty Zey. Other Attendees: David Hughes, AECOM. H. AGENDA AS RECEIVED OR AMENDED III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Dr. Holcomb stated that it was good to hear that the T-Hangars are once again at 100% occupancy. Mrs. Berry asked if there were any charters scheduled. Mr. Kaspari stated that he had reached out to Caesars and they think they will operate one in April and one in May, through Waterloo, yet they were not currently on the Caesars Air Rewards website. B. Legislative Information — Industry News C. Misc. Monthly Airport Reports General discussion by Staff and Board regarding budget, enplanements, and airfares. Mr. Kaspari stated that he was disappointed ALO was unable to break 15,000 enplaneinents for CY-2022 (14,830). 1 Page 221 of 539 V. BOARD APPROVAL A. Approval of Minutes of the December 14, 2022 Regular Meeting. Mrs. Berry moved approval of the minutes of the December 14, 2022 meeting, seconded by Mrs. Darrah. Ayes: 4. Motion carried. B. Motion to Receive and File December, 2022 Expenses. Mr. Deeds asked if the Jetbridge (PBB - Passenger Boarding Bridge) updates have been completed. Mr. Kaspari stated that Phase 1 work was completed in November (paid in December) at just over $19,000 Yet, the vendor has recommended approximately $135,000 in additional updates be completed in order to keep our 20-year old (February 2003) Passenger Boarding Bridge (PBB) in good working condition — and provide an additional 10-years of service life until it can be replaced with FAA funding assistance scheduled for on or around the period of 2033 -- 2035. (This new PBB would have an estimated cost of on or around $1.8M, or once the anticipated completion for the estimated 4-year and 4-construction season project for the pavement rehabilitation of ALO' s primary runway 12/30). Kaspari provided additional comment, in that the above amount was increased to $150,000, to ensure all work needed would he covered, and included it in his CIP request to the City. Mrs, Berry moved that the December 2022 expenses be received and filed, seconded by Dr. Holcomb. Ayes: 4. Motion carried. VI. OLD BUSINESS A. Board Update: Airport Department: Personnel Update. Mr. Kaspari stated that offers have been made to, and accepted by, two individuals from the Civil Service approved list. City Council approval is required and will be on the February 6, 2023 agenda. Hopefully both new hires will be officially on -board before the end of February. B. Board Update: Revision/Rewrite of ALO Airport Security Plan (ASP). Mr. Kaspari stated that he is continuing to work on the rewrite of the Airport Security Plan and will be uploading some chapters later this week for TSA review. Mr. Deeds stated that he is concerned about tinning and wants to see the rewrite completed as soon as possible, citing the problem DBQ ran into with having to push their new service with Avelo, due to not having their updated ASP approved. 2 Page 222 of 539 He suggested hiring an outside consultant to help with this. He would also like to see the necessary upgrades, such as alarmed doors, started as soon as possible too, rather than waiting until the ASP has been reviewed and approved by the TSA. Discussion followed. Mrs. Berry moved to set a special meeting, outside of the regular monthly Board meeting schedule, to discuss the Airport Security Plan rewrite and needed facility safety improvements, seconded by Dr. Holcomb. Ayes: 4. Motion carried. Mr. Voigt tasked Mrs. Berry with setting a date and time for this meeting. C. Board Update: Status of the FAA Office Lease. Mr. Kaspari stated that the FAA has been on a month -to -month expired lease for 2'V2 years. He spoke with their manager of Real Estate Manager (based in Fort Worth) who told him they plan to send a new lease for review no later than February 15, 2023. VII. NEW BUSINESS A. Mid -Fiscal Year 2023 Review of ALO's O&M Budget Mrs. Combs reviewed the YTD budget through 12/31/22. B. Review of ALO's Department O&M Budget for FY-2024. Mrs. Combs reviewed the budget requests for FY-2024, with plans to use CRRSA and ARPA grant funds to cover the shortfall between revenue and expenses. C. Review of and Plan for Use of the Balance of the Federal CRRSA and ARPA Grant Funds. As previously reviewed, CRRSA and ARPA Grants were issued to be used for operating costs — personnel, janitorial, utilities and general maintenance expenses, and will be used for those over FY-23 and FY-24. D. AECOM: Projects Update for FAA Funded Construction Projects for Summer of CY- 2023. David Hughes reviewed plans for the upcoming airfield pavement rehab projects. E. AECOM: Projects Update for Iowa DOT Funded Construction Projects for CY-2023. Mr. Hughes reviewed plans to continue the rehabilitation work on Hangar 4. 3 Page 223 of 539 F. AECOM: Project Update for Iowa DOT Funded Parking Canopy Project for 2023 / 2024. Mr. Hughes reviewed updated plans and conceptual drawings for the Parking Canopy Project. Discussion followed. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT Hearing no objections, Mr. Voigt adjourned the meeting at 1:26 p.m. ott Voi , Ch . •pe o 4 Page 224 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department March 6, 2023 AGENDA ITEM TITLE Jared Hottle Board/Commission: Historic Preservation Commission Expiration Date: March 6, 2026 New Appointment RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Jared Hottle Board of Commission Application Page 225 of 539 Page 226 of 539 CITY OF F;r CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 1 /31 I Z ) I, t~ IA o v 1 r~ t" , request to be appointed to (state preference): (Name) . 4;Pt c '- ►,'., 0^ 2. Horne Phone: 319-a_05-C. 4 - Cell Phone: Work Phone: Email Address ji atO re,NieS tx.. ow. Home Address3 ) 1 V,Xvt Zip Code S-076 Employer � �p; t� 1Z ) Esiu.k Title RCo-1 G51.. L nje" Employer Address '3006 Qa►-) 34- CfQu-r I t Zip Code Sbb 13 How long have you resided in Waterloo? l8 r yrs Email address: List current membership in organizations and offices held: I am available for meetings: A.M. IX P.M. Noon Evenings 1 am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: y;,rylr,. i•. t /a,t��luu� �u.,�►� b ,rc.tse.1, c-v i` v-eAoy proj cc - c7- l"; 61- 4./cAllts bI✓ SLw� of-- etvr^ Additional information and comments that may not be evident from information already on this form: oI /0 �w}1F.J�,'<3 t"- I./rn �1.u1 / t1 (cL*4, ri I'+a`4c.s volN References (include phone numbers): 1-- ; 'zr k i161-c_ il/1; I L T r t c ceLv l 12 - d -- 3 6. $r V-16.k.4-$ v 'stet f6 3 0 --1 J b ! understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. his lication will remain valid and on file for one calendar year from above date. Signature Roy 02l2612020 31 -21ta -32� or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mavoraa.waterloo-ia.orq; PHONE 291-4301 Page 227 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department March 6, 2023 AGENDA ITEM TITLE Kory Carty Board/Commission: Highway 218 Design Review Board Expiration Date: March 6, 2026 Renewal Appointment RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Kory Carty Board of Commission Application Page 228 of 539 Page 229 of 539 RECEIVED CSC 2 3 2015 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: December 28, 2015 I, F'Ir• Kory Carty , request to be appointed to (state preference): (Name) 1, General Contractors Board 2. Home Phone: 319-476-2669 Cell Phone: 319-429-6248 Work Phone: 319-232-5400 Home Address 1107 Estelle Street Dysart, Iowa Zip Code 52224 Employer Cardinal Construction, Inc. Title Estimator/Construction Manager Employer Address 531 Commercial Street, Suite 700 Waterloo, Iowa Zip Code 50704 How long have you resided in Waterloo? 0 years List current membership in organizations and offices held: Master Builders of Iowa - no office American Society for Healthcare Engineering (ASHE) - no office I am available far meetings: x A.M. X P.M. X Noon Evenings I am available to serve on a Board/Commission the entire year: x Yes No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: I have been working for a general contractor in the Waterloo area for the past 25 years as an estimator and project manager and have been directly involved with many of the major projects in the Cedar Valley, including the Sportsplex, McLeod Center, Young Arena and Allen Hospital Renovations after receiving my BT in Construction from UNI. Additional information and comments that may not be evident from information already on this form: Serving on the Cardinal Construction,Inc Board of Directors - Secretary of the Board References (include phone numbers): Gene Leonhart (CEO, Cardinal Construction) - 319-232-5400 Dan Channer (StruXture Architects) - 319-234-1515 Craig Clark (Waterloo Building Official) - 319-291-4319 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. z// 4 /sf Zy2 Lie, /it . RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Rev04/14a014 FAX 291-4286; EMAIL: mavort waterloo-ia.orq; PHONE 291-4301 appi g rnk-- LP-J4. r gi 6Q/ a • Signature Page 230 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department March 6, 2023 AGENDA ITEM TITLE Gina Jordan Burg Board/Commission: Highway 218 Design Review Board Expiration Date: March 6, 2026 Renewal Appointment RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Gina Jordan Burg Board of Commission Application Page 231 of 539 Page 232 of 539 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 2/'c) 5-1(v RECEIV EU APR 2 6 2616 i, £ii ciorcian•, xav9 , request to be appointed to (state preference): (Name) / 1. Plamnln7 (And Zonifl 2. Si.',)'j G`eve ct v Home Phone: Cell PhoneC�I SD5"3 f99 Work Phone: Home Address ir9 Terrace or 1 etierla 0 .I Zip Code s010x. Employer Ft4SiDil I 1to�+/r, f Title ger Employer Address 10 q COerai(Siredj. /Attrlo1Zip Code 56 740/- How long have you resided in Waterloo? 311 years List current membership in organizations and offices held: &A.4i tysidd Cowin' @ul6 (14d?ei coo f vice •ehafr) St, Ed waret Parish Naftonaf f-ssoci lico of Realtrs aid lbw! rayiianal board I am available for meetings: ❑ A.M. . P.M. %Noon WEvenings I am available to serve on a Board/Commission the entire year: ,'Yes ❑ No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: aM a 1IfeIoiv resident of Wafer ao. have developed land fel pasf', adon wrt building horfe . r haw owned, ma r a j cd dnd J o Id (Amy 1pCS d F prpmes. Additional information and comments that may not be evident from information already on is form: ait boards sere' n -- st. Edwavd Parish couv�al (Vice -chair) Land Io d s 6-F Mack Hawk- Catfti References (include phone numbers): e Gd *- • Sao 319. t93.17.97 ■i' Id e Jr• • a •alge 3la • Lo10 • o3 n .' understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. £4J�ID /• 1 - ie ,(3y,es) _ b`3r5„ k"` 'eyP, 5/a /I %. � r/�� (�ig*%gnature RETURN NTTOMAYOR'S OFFICE, 7156MULBERRY ST., WATERLOO, IA 50703 Rer04146014 FAX,291.4286; EMAIL: mayor(a.waterloo-iaorct; PHONE 291-4301 ) 4Z116/19 Page 233 of 539 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department March 6, 2023 AGENDA ITEM TITLE Liquor Licenses a. Dollar General #10073, 3815 University Avenue, Class B Alcohol w/Sunday Sales, New - Expiration 2/29/24. b. Dollar General #4698, 2935 Logan Avenue, Class B Alcohol w/Sunday Sales, New - Expiration 2/29/24. c. El Senor Tequila Nightclu, 118 E. 11th Street, Class C Alcohol w/Sunday Sales, Renewal - Expiration 2/18/24. d. Gates Park Golf Course, 820 E. Donald Street, Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Expiration 2/29/24. e. HyVee Market Cafe' #3, 1422 Flammang Drive, Class C Alcohol w/Catering and Sunday Sales, Renewal - Expiration 3/15/24. f. Iry Warren Golf Course, 1000 Fletcher Avenue, Class C Alcohol w/Outdoor Service and Sunday Sales, Renwal - Expiration 2/29/24. g. King Star, 2035 E. Mitchell Avenue, Class B Alcohol w/Sunday Service, New - Expiration 1/19/24. h. La Mesilla Bar and Grill, 1927 Jefferson Street, Class C Alcohol w/Sunday Sales, New - Expiration 12/29/23. i. Prime Mart, 3535 Marigold Drive, Class E Alcohol w/Sunday Sales, Renewal - Expiration 1/19/24. j. Sams Club, 210 E. Tower Drive, Class E Alcohol w/Sunday Sales, Renewal - Expiration 2/29/24. k. South Hills Golf Course, 1830 E. Shaulis Road, Class C Alcohol w/Outdoor Services and Sunday Sales, Renewal - Expiration 2/29/24. I. Sycamore Convenience, 617-619 Sycamore Street, Class E Alcohol w/Sunday Sales, Renewal - Expiration 3/11/24. m. UNI Mart, 1615 Bishop Avenue, Class E Alcohol w/Sunday Sales, Renewal - Expiration 2/29/24. n. Daq King, 632 Sycamore, Class C w/Sunday Sales, Renewal - Expiration 11/9/23. o. Waterloo Bucks, 850 Park Road, Class C Alcohol/Outdoor Service, 8 months, New - Expiration 11 /1 /23. p. HyVee Food and Drugstore #3, 1422 Flammang Drive, Class E Liquor w/Sunday Sales, Renewal, - Expiration 2/8/24. q. Cadillac Lanes XBC, 650 La Porte Road, Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Expiration 3/27/24. Page 234 of 539 RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 235 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Motion to approve recommendation of appointment of Bradley Baldwin to the position of Combination Inspector II in the Building Inspections Department effective March 21, 2023. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This position fills a vacancy due to promotion. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Job Description 2. Personnel Requistion Form Page 236 of 539 3. Personnel Requisition Questions Page 237 of 539 CITY OF WeeTERLOO IOWA Cnnumtrnnity of Omar tat3tty DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT COMMUNITY PLANNING & DEVELOPMENT BUILDING INSPECTIONS $30.30, WITH $1.00 INCREASE AFTER 6 MO NON-EXEMPT INCLUDED CONSTRUCTION & PUBLIC EMPLOYEES LIUNA Local #177 GENERAL STATEMENT OF DUTIES Skilled technical position under the general direction of the CMOM Coordinator and/or the Building Inspector for performing onsite inspections to secure compliance with Black Hawk County and the City of Waterloo ordinances and regulations governing the Fats Oil Grease (FOG) program and foundation drain disconnects. Performs onsite Inspections relating to the installation and repair of dwellings; onslte inspections of rental units and the performance of code enforcement duties under the general direction of the Building Inspections Division. No supervisory duties. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance In this job classification. 1. Performs Inspections and re -Inspections of Food Service Establishments (FSE) for Fats Oil and Grease (FOG) to ensure compliance with the Waterloo Plumbing Code (UPC) and the City's FOG Ordinance: Ensures grease traps and interceptors, paperwork, files, etc. are properly maintained at FSE site. 2, Ensures all Food Service Establishments follow appropriate Best Management Practices (BMPs) 3. Locates new ESE businesses and helps orient the owners to FOG program requirements. 4. Receives and /or reviews various records and reports related to FOG Program. Prepares and or generates various records and reports including grease removal device sizing request, maintenance records, etc, 5. Conducts Foundation Drain and Sump Pump Disconnect inspections to identify and document illegal cross connections into the sanitary sewer. 6. Investigates complaints regarding violations of City life safety codes for rental property, Identifies code deficiencies and Informs property owner of deficiencies in a clear, concise and punctual manner. 7. Follows up on code enforcement issues, dilapidated buildings, garages, investigates complaints, prepares reports and maintains records of work performed. Page 238 of 539 8. Inspects new and existing electrical, building, plumbing and HVAC installations In residential and commercial buildings for conformance with safety standards, laws and ordinances. 9. Checks work on required permits to see that building, plumbing, electrical and HVAC work complies with ordinances and regulations and recommends methods for improvement. 10. Assists and advises citizens and building contractors by answering questions concerning the installation and repair of electrical, plumbing, HVAC and other building or remodeling Issues. 11. Prioritizes and schedules time effectively with limited supervision. 12. Uses independent judgment and decision -making skills to recognize and solve problems as they relate to City codes and ordinances. 13. Maintains accurate and thorough records of work performed. 14. Performs inspections as assigned by Building Official to include but not be limited to enforcement of International Building Code (IBC), international Residential Code (IRC), international Mechanical Code (IMC), Waterloo Plumbing Code (UPC) and international Property Maintenance Code (IPMC). Files complaints and testifies in court. 1S. Inspections may be performed outdoors in ail types of weather extremes for extended periods of time; environment may be dry/dusty, slippery/wet, hot/cold, excessively noisy with limited visibility; mechanical and electrical hazards may be present; atmosphere may contain dust and fumes; Inspections performed from flat surface roofs up to twenty-four (24) feet in the air; walking surface may be uneven with construction materials, debris or other obstructions. 16. Inspections often require stooping, kneeling, squatting, climbing or bending sometimes in cramped or difficult to navigate/reach areas. 17. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 18, Operates passenger type vehicle to drive to inspection sites to perform inspections and respond to code complaints. 19. Performs work of a repetitive nature and varied workload pace. 20, Works independently and with others with minimum supervision. 21. Regular attendance on the job and at the work site is required, 22. Performs all work duties and activities in accordance with City policies, procedures and OSHA and Building Inspections safety rules and regulations. 23, Performs all other duties as assigned by the Building Official and Sewer Superintendent. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Considerable knowledge of standard practices, tools and terminology of all phases of construction trades. 2. Personal computer skills and ability to learn related software applications, enter and retrieve information on a computer, organize information through use of a computerized database, develop computer -generated reports and update records; knowledge of Microsoft Office software Including Microsoft Word, Excel, Publisher, PowerPoint and Outlook and ability to learn specialized software used for the City of Waterloo permit system. 3. Knowledge of occupational hazards and safety precautions necessary in inspection and code enforcement activities and ability to enforce safety precautions. Page 239 of 539 4. Ability to identify possible problems involved In building, plumbing, electrical and mechanical operations as they relate to permit applications. 5. Ability to consult with property owners and contractors and sufficient interpersonal skills to communicate tactfully orally and in writing in a dear, concise and easily understandable manner while performing Inspection duties. 6. Ability to use independent judgment to recognize and effectively resolve sensitive enforcement disputes and make decisions and recommendations regarding enforcement of related municipal ordinances, 7. Ability to perform professional work, research and give reliable advice on a wide range of code enforcement matters. 8. Ability to understand and carry out written and verbal instructions and to respond appropriately to questions from supervisors, coworkers, contractors and the public. 9. Ability to complete assigned work without direct supervision. 10. Ability to maintain working relationships and interact respectfully with other City departments and employees, City officials, property owners and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. MISCELLANEOUS 1, Gives technical advice to other municipal inspectors. 2. Works Independently and with others with minimum supervision. 3. Attends work regularly at the designated place and time. 4. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Maintenance Department safety rules and regulations. 5. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Comprehensive knowledge of standard practices, tools and terminology of the plumbing trade and plumbing theory. 2. Knowledge of pump and fluid controls, pneumatic and hydraulic systems. 3. Working knowledge of the City of Waterloo plumbing ordinance. 4. Ability to read and work from blueprints, plans and diagrams. 5. Ability to communicate effectively and maintain working relationships with outside contractors, other City employees, public officials and supervisors. 6. Ability to keep accurate and thorough records of work performed. 7. Ability to work from ladders, scaffolding, or man -lift up to forty (40) feet in the air. 8, Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree in construction technology or closely related fluid with minimum three years' experience in the construction trades and customer service Page 240 of 539 OR Associate's Degree in construction technology or closely related field with minimum five years' experience In the construction trades and one year in customer service OR High school graduate/G.E.D. with minimum ten years' experience in the construction trades and two years in customer service OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Must obtain certification as Residential Inspector within one year of hire date and Residential Plumbing Inspector within one year of hire date. 3. Iowa Driver's License and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation, 1. Sufficient communication skills that permits the employee to interact effectively with the public, coworkers and property owners. Uses hand-held radio and telephone as communication devices to maintain contact with office. 2. Sufficient hearing to understand and carry out instructions and to respond verbally to questions from supervisor, coworkers, property owners and the public. 3. Sufficient personal mobility that permits the employee to operate passenger vehicle (generally a small pickup truck) safely in all types of weather and a variety of road conditions and to inspect properties in all areas of the City. 4. Sufficient mobility that permits the employee to stoop, kneel, squat, climb or bend/crouch sometimes In cramped or difficult to reach areas when performing inspections. 5. Sufficient vision and depth perception to drive a passenger vehicle and inspect new and remodeled building projects to assure they meet applicable codes; sufficient color vision that permits the employee to identify colored indicator lights on electronic control panels, etc. Page 241 of 539 MISCELLANEOUS 1. Must ear personal protective equipment such as safety shoes, safety glasses, hard hate and hearing protection as appropriate, 2, Following a conditional offer of employment, the City of Waterloo requires a physical examination including a drug test by a physician of the City's choice to determine If an applicant is capable of performing the essential functions of this Job classification. 3. The City of Waterloo reserves the right to conduct a background investigation including employment, education, certification and criminal history checks on any applicant being considered for this position. 4. Required to submit to and pass Civil Service examination procedures including oral interview testing. WORK SCHEDULE Work schedule will generally be 7:30 a,m. - 4:00 p.m, Monday through Friday with % hour unpaid lunch. Work hours and days subject to change with appropriate notice per collective bargaining agreement. Limited overtime. ORAL EXAMIMATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of lowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added If they were awarded a Purple Heart or have a service connected disability. ORAL EXAMIMATION All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. COMBINATION INSPECTOR 112023 A.AJE.E,O. Minority, female & disabled individuals are encouraged to apply. Page 242 of 539 PERSONNEL REQUISITION FORM Check as applicable: ❑ To start recruiting or civil service process and/or I To fall a vacancy EZ Active Civil Service List Expires: t'h i7 25 A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ***A***********************A***k*****kA***A**********k****6*******************#***************** Position Title: COME/irks 7pn/ 1AlPaves._ 11 Departcrtent; Reports To; g Uitoo1rJ (, Work Location: etN t-i Employment Status; [g Regular Full Tiine ❑ Temporary Full Tithe from to ❑ Regular Part Time ❑ Temporary Part Time front to 0 Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: , , Non -Bargaining Position:, ❑ Yes - ❑ No Recommended Recruitment Sources: [A Yes ❑ No J Internal Posting Only IZI Yes ❑ No ❑ internal Posting and External Advertising **************v********i**•***i**********,******v44a4f**«,1,*******************4**r******** ci**** Complete the following if the requisition is to fill a vacancy; ❑ New Position or j Replacement Position for: .5 CO' " A -- " COPW IVA170 't P e, (Sped ilnma and lino of fonner incumbait) If replacement, fottner incumbent; ❑ Retired/Resigned/Terminated ❑ Transferred pi Promoted Date incumbent terminated employment: Date of final payout: Antioipatcd start data: No. of hours/week: Qd , Work schedule; 7! 30 — '`l : ob f.M . Justification of need for position; What ate the likely consequences if the position is not filled? APPROVALS Annual salary requirements: Hourly Rate: .5 a Benefits; (Payroll taxes, pension, health ins, rusum{ng ibnfify) Is position budgeted for this and futttre FYs? ® Yes 0 No If no, how will position be funded? Approved subject to the following conditions: Submililug t}ettartment Head efVinanont► ter gl auLDA&.. Bale ale Human Resources •Iraotor slate Human Resources Connmlttce Chairperson Date Created 6/30n017 Page 24 of 539 (7) PERSONNEL REQUISITION Combination I„specto,' The following questions are provided as guidelines to assist you in developing your rational for the position of (Combination 1nspecto, j itt the 03vildIng} Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Perform combination inspections for building permits, as well as the Fog Program in the City of Waterloo. (2) Can; the job responsibilities of this position be assigned to other employees within the department? If no, why not? - No. Each inspection position is subject to specific training. (3) How is the work of this position being accomplished now? Combination inspections are being provided by (2) Chief City Inspectors Building and Bleetrlcal and Fog Inspections are being performed by our Corninoretal Fire Inspector. (4) Are the filled positions in your department currently being utilized to their maximum potential? - Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a longterm basis (if a regular position)? It is armful to insure timely and efficient inspections are being performed for the City of Waterloo. (6) What cost savings or revenues, if any, would your department or the City ream if this position is filled? Filling this position allows the remaining inspectors to perform assigned duties and not be subject to winking extra hours, If you are paying overtime or comp time within your department to accomplish this worknow, how much overtime or comp time has been paid out or earned that is direotly attributable to this position and over what period of time? No. This has been aceommplished by having the City of Waterloo's Chief Building and Chief Electrical inspectors provide their services for combination Inspections, Page 244 of 539 (9) (8) How has the workload or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The city strives to furtlte► cadnoiu a development gwwtli yenryy. c have increased our permit valuations from 91.2 million in 2013 to 140 million in 2021, This growth dbeotiy results hi more permits followed by increased Inspections. If this position is not filled, what affect will it have on your. depatinaent? What work will not be done? What costs will you incur? Please be as specific as possible. The city inspeotion process will suffer delays as our chief inspectors are helping to alleviate the additional burden. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The inspectors plan their schedules accordingly. (11) Is it possible that the City could outsoutce this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? It is an important position as one inspector is on. site to handle building, twee, plumbing, and electrical inapeetions, (13) How does this position impact the tsoals and Objectives for the City adopted by the City Council? It provides a service to the residents and contractors in a timely and professional manor. ' kz 3' mum [ql�j• 1�jyj- ! ..`xiittbrtil s?ea�y,- faki Page 245 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department March 6, 2023 AGENDA ITEM TITLE Cigarette/Tobacco Permit New Application for The Loft, LLC, 710 Jefferson Street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 246 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department March 6, 2023 AGENDA ITEM TITLE Exception to Burning Yard Waste Application by Kirk Gross Company to burn approximately 7.5 acres of native prairie grass located at 4646 West 4th Street in the Spring of 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 247 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department March 6, 2023 AGENDA ITEM TITLE Motion approving an Exception to Burning Yard Waste application for Hawkeye Community College to burn 14.3 acres on Hawkeye Community College campus, March 22 to May 13, 2023 between the hours of 9:00 a.m. and 5:30 p.m. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 248 of 539 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE General Obligation Bonds - ECP-1 - The issuance of not to exceed $4,700,000.00 General Obligation Bonds for essential corporate purposes. RECOMMENDED COUNCIL ACTION ECP-1 — Not to exceed $4,700,000 General Obligation Bonds (ECP-1) for essential corporate purposes, to provide funds to pay the costs of the acquisition, improvement and installation of traffic control devices, signage equipment and software, fixtures, equipment and improvements, including but not limited to traffic signal, pavement markings, traffic safety, fiber optics installation, street light fixtures, connections and facilities, and cameras; the acquisition of vehicles and equipment for the Police and Fire Departments; the acquisition of vehicles and equipment for the street, public works and sign and traffic departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the removal, replacement and planting of trees in parks, streetscapes, and public grounds; the construction, reconstruction and repairing of street, sidewalk, skywalk, trail, alley, public ground, marketplace, bridges, pedestrian underpasses and overpasses, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties, or funding housing assistance; acquiring, developing and improving of a geographic computer data base system suitable for automated mapping and facilities management; the reconstruction and improvement of the city airport; acquisition of communication equipment and other emergency services communication equipment and systems. SUMMARY STATEMENT AND BACKGROUND INFORMATION These bonds are expected to be sold this spring. Hearing authorization is needed now in order to execute a contract for the plaza improvements. We have set the hearing authority higher than the bond amount expected to be sold to provide flexibility. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES The issuance of bonds commits the City to future repayment. Page 249 of 539 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The principal and interest will be required to be repaid in the future using property taxes through the city's debt service levy. ALTERNATIVE ACTION The City could choose not to sell bonds and not proceed with the projects. LEGAL DESCRIPTION ATTACHMENTS 1 Waterloo (158) - PDF Letter of Instruction Hearing 2023A GO BONDS (02164905x7F7E1) 2. Waterloo (158) - ECP-1 Notice of Hearing 2023A GO BONDS (02159270x7F7E1) 3. Waterloo (158) - ECP-1 Hearing Proceedings 2023A GO BONDS (02163629x7F7E1) Page 250 of 539 AHLERS COONEY ATTORNEYS February 21, 2023 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Re: Waterloo, Iowa - General Obligation Bonds Dear Kelley: Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Included with this letter are proceedings for the day of the public hearing on the issuance of the above -mentioned Bonds (March 6, 2023). Notice must have been published before the public hearing. The proceedings begin with the opening of the public hearing and the receipt of any oral or written objections from any resident or property owner regarding the proposed issuance of the Bonds. If any objections are received, please attach a summary of those objections to the proceedings. After the public hearing, if the Council decides not to abandon the proposal to issue the Bonds, the enclosed resolution taking additional action on the issuance should be adopted. Please note that the proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. If a valid petition is filed please notify us as soon as possible since the enclosed proceedings will have to be revised to either abandon the proposal to issue the Bonds or direct the County Commissioner to call a special election. The Council is required by statute to adopt the enclosed resolution at the hearing, or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. If the Council decides to abandon the proposal to issue said Bonds, then the form of resolution included in these proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Appeal to District Court. Section 384.25 of the Code of Iowa, provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of WISHARD & BAILY- 1888; GUERNSEY & BAILY- 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. -1990 Page 251 of 539 February 21, 2023 Page 2 a county in which any part of the city is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. Please let us know as soon as possible if an appeal is filed. Please send an executed copy of the proceedings filled in as the original to our office. We would also appreciate electronic scans. Please let me know if you have any questions. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Manager, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/encl.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 02163700-1\11310-158 Page 252 of 539 ECP-1 (To be published between: February 14, 2023 and February 21, 2023) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $4,700,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR ESSENTIAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 6th day of March, 2023, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $4,700,000 General Obligation Bonds, for essential corporate purposes, to provide funds to pay costs of the acquisition, improvement and installation of traffic control devices, signage equipment and software, fixtures, equipment and improvements, including but not limited to traffic signal, pavement markings, traffic safety, fiber optics installation, street light fixtures, connections and facilities, and cameras; the acquisition of vehicles and equipment for the Police and Fire Departments; the acquisition of vehicles and equipment for the street, public works and sign and traffic departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the removal, replacement and planting of trees in parks, streetscapes, and public grounds; the construction, reconstruction and repairing of street, sidewalk, skywalk, trail, alley, public ground, marketplace, bridges, pedestrian underpasses and overpasses, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties, or funding housing assistance; acquiring, developing and improving of a geographic computer data base system suitable for automated mapping and facilities management; the reconstruction and improvement of the city airport; acquisition of communication equipment and other emergency services communication equipment and systems. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.25 of the Code of Iowa. Page 253 of 539 ECP-1 Dated this day of , 2023. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 254 of 539 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA Not to Exceed $4,700,000 General Obligation Bonds (ECP-1) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 255 of 539 March 6, 2023 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 256 of 539 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $4,700,000 General Obligation Bonds, in order to provide funds to pay the costs of the acquisition, improvement and installation of traffic control devices, signage equipment and software, fixtures, equipment and improvements, including but not limited to traffic signal, pavement markings, traffic safety, fiber optics installation, street light fixtures, connections and facilities, and cameras; the acquisition of vehicles and equipment for the Police and Fire Departments; the acquisition of vehicles and equipment for the street, public works and sign and traffic departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the removal, replacement and planting of trees in parks, streetscapes, and public grounds; the construction, reconstruction and repairing of street, sidewalk, skywalk, trail, alley, public ground, marketplace, bridges, pedestrian underpasses and overpasses, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties, or funding housing assistance; acquiring, developing and improving of a geographic computer data base system suitable for automated mapping and facilities management; the reconstruction and improvement of the city airport; acquisition of communication equipment and other emergency services communication equipment and systems, for essential corporate purposes, and that notice of the proposal to issue the Bonds had been published as provided by Section 384.25 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,700,000 GENERAL OBLIGATION BONDS", and moved: o o that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2023, at this place. 2 Page 257 of 539 Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $4,700,000 General Obligation Bonds, for the essential corporate purposes, in order to provide funds to pay the costs of the acquisition, improvement and installation of traffic control devices, signage equipment and software, fixtures, equipment and improvements, including but not limited to traffic signal, pavement markings, traffic safety, fiber optics installation, street light fixtures, connections and facilities, and cameras; the acquisition of vehicles and equipment for the Police and Fire Departments; the acquisition of vehicles and equipment for the street, public works and sign and traffic departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the removal, replacement and planting of trees in parks, streetscapes, and public grounds; the construction, reconstruction and repairing of street, sidewalk, skywalk, trail, alley, public ground, marketplace, bridges, pedestrian underpasses and overpasses, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties, or funding housing assistance; acquiring, developing and improving of a geographic computer data base system suitable for automated mapping and facilities management; the reconstruction and improvement of the city airport; acquisition of communication equipment and other emergency services communication equipment and systems, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and following action is now considered to be in the best interests of the City and residents thereof. 3 Page 258 of 539 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $4,700,000 General Obligation Bonds, for the foregoing essential corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 6th day of March, 2023. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 259 of 539 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2023. (SEAL) 02163 629-1 \ 11310-15 8 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 260 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE General Obligation Bonds - GCP-2 - The issuance of not to exceed $700,000.00 in General Obligation Bonds for general corporate purposes. RECOMMENDED COUNCIL ACTION General Obligation Bonds GCP-2 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition and installation of security equipment for city buildings and facilities; the acquisition and installation of information technology and data management systems, including network, connectivity, software, computer systems and server equipment; the construction, reconstruction, improvement, renovation, and equipping of downtown parking ramps and garages; the reconstruction, improvement, renovation and equipping of the library; the acquisition of vehicles for various city departments. SUMMARY STATEMENT AND BACKGROUND INFORMATION We are planning to sell general obligation bonds for a number of purposes this spring. Please note that the hearing amount indicated is being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES The issuance of bonds commits the city to future repayment. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The new principal amount plus interest will be required to be repaid in the future. Repayment will be made from various sources, including general property taxes and tax increment revenue. Page 261 of 539 ALTERNATIVE ACTION The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would likely increase. For example, a number of the planned projects have been mandated by regulatory agencies that could have financial implications if the projects aren't completed as required. LEGAL DESCRIPTION ATTACHMENTS 1 Waterloo (158) - PDF Letter of Instruction Hearing 2023A GO BONDS (02164905x7F7E1) 2. Waterloo (158) - GCP-2 Notice of Hearing 2023A GO BONDS (02159275x7F7E1) 3. Waterloo (158) - GCP-2 Hearing Proceedings 2023A GO BONDS (02163642x7F7E1) Page 262 of 539 AHLERS COONEY ATTORNEYS February 21, 2023 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Re: Waterloo, Iowa - General Obligation Bonds Dear Kelley: Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Included with this letter are proceedings for the day of the public hearing on the issuance of the above -mentioned Bonds (March 6, 2023). Notice must have been published before the public hearing. The proceedings begin with the opening of the public hearing and the receipt of any oral or written objections from any resident or property owner regarding the proposed issuance of the Bonds. If any objections are received, please attach a summary of those objections to the proceedings. After the public hearing, if the Council decides not to abandon the proposal to issue the Bonds, the enclosed resolution taking additional action on the issuance should be adopted. Please note that the proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. If a valid petition is filed please notify us as soon as possible since the enclosed proceedings will have to be revised to either abandon the proposal to issue the Bonds or direct the County Commissioner to call a special election. The Council is required by statute to adopt the enclosed resolution at the hearing, or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. If the Council decides to abandon the proposal to issue said Bonds, then the form of resolution included in these proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Appeal to District Court. Section 384.25 of the Code of Iowa, provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of WISHARD & BAILY- 1888; GUERNSEY & BAILY- 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. -1990 Page 263 of 539 February 21, 2023 Page 2 a county in which any part of the city is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. Please let us know as soon as possible if an appeal is filed. Please send an executed copy of the proceedings filled in as the original to our office. We would also appreciate electronic scans. Please let me know if you have any questions. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Manager, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/encl.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 02163700-1\11310-158 Page 264 of 539 GCP-2 (To be published between: February 14, 2023 and February 21, 2023) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 6th day of March, 2023, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the acquisition and installation of security equipment for city buildings and facilities; the acquisition and installation of information technology and data management systems, including network, connectivity, software, computer systems and server equipment; the construction, reconstruction, improvement, renovation, and equipping of downtown parking ramps and garages; the reconstruction, improvement, renovation and equipping of the library; and the acquisition of vehicles for various city departments. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of , 2023. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 265 of 539 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA Not to Exceed $700,000 General Obligation Bonds (GCP-2) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 266 of 539 March 6, 2023 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 267 of 539 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order to provide funds to pay the costs of the acquisition and installation of security equipment for city buildings and facilities; the acquisition and installation of information technology and data management systems, including network, connectivity, software, computer systems and server equipment; the construction, reconstruction, improvement, renovation, and equipping of downtown parking ramps and garages; the reconstruction, improvement, renovation and equipping of the library; the acquisition of vehicles for various city departments, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: o o that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2023, at this place. 2 Page 268 of 539 Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of the acquisition and installation of security equipment for city buildings and facilities; the acquisition and installation of information technology and data management systems, including network, connectivity, software, computer systems and server equipment; the construction, reconstruction, improvement, renovation, and equipping of downtown parking ramps and garages; the reconstruction, improvement, renovation and equipping of the library; the acquisition of vehicles for various city departments, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution 3 Page 269 of 539 unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 6th day of March, 2023. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 270 of 539 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2023. (SEAL) 02163 642-1 \ 11310-15 8 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 271 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE General Obligation Bonds - GCP-3 - The issuance of not to exceed $700,000.00 General Obligation Bonds for general corporate purposes. RECOMMENDED COUNCIL ACTION GCP-3 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes of said City, the proceeds of the Bonds to be issued to provide funds to pay the renovation, construction, improvement and equipping of Young Arena, the golf course, and the Cedar Valley Sportsplex. SUMMARY STATEMENT AND BACKGROUND INFORMATION Please note that the hearing amounts indicated are being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The issuance of bonds commits the City to future repayment. The principal amount plus interest will be required to be repaid in the future. Repayment will be made from various sources, including general property taxes and tax increment revenue. ALTERNATIVE ACTION The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would increase. For example, a number of the planned projects are government mandates that could have financial ramifications if they are not completed. Page 272 of 539 LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (158) - PDF Letter of Instruction Hearing 2023A GO BONDS (02164905x7F7E1) 2. Waterloo (158) - GCP-3 Notice of Hearing 2023A GO BONDS (02159277x7F7E1) 3. Waterloo (158) - GCP-3 Hearing Proceedings 2023A GO BONDS (02163646x7F7E1) Page 273 of 539 AHLERS COONEY ATTORNEYS February 21, 2023 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Re: Waterloo, Iowa - General Obligation Bonds Dear Kelley: Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Included with this letter are proceedings for the day of the public hearing on the issuance of the above -mentioned Bonds (March 6, 2023). Notice must have been published before the public hearing. The proceedings begin with the opening of the public hearing and the receipt of any oral or written objections from any resident or property owner regarding the proposed issuance of the Bonds. If any objections are received, please attach a summary of those objections to the proceedings. After the public hearing, if the Council decides not to abandon the proposal to issue the Bonds, the enclosed resolution taking additional action on the issuance should be adopted. Please note that the proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. If a valid petition is filed please notify us as soon as possible since the enclosed proceedings will have to be revised to either abandon the proposal to issue the Bonds or direct the County Commissioner to call a special election. The Council is required by statute to adopt the enclosed resolution at the hearing, or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. If the Council decides to abandon the proposal to issue said Bonds, then the form of resolution included in these proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Appeal to District Court. Section 384.25 of the Code of Iowa, provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of WISHARD & BAILY- 1888; GUERNSEY & BAILY- 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. -1990 Page 274 of 539 February 21, 2023 Page 2 a county in which any part of the city is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. Please let us know as soon as possible if an appeal is filed. Please send an executed copy of the proceedings filled in as the original to our office. We would also appreciate electronic scans. Please let me know if you have any questions. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Manager, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/encl.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 02163700-1\11310-158 Page 275 of 539 GCP-3 (To be published between: February 14, 2023 and February 21, 2023) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 6th day of March, 2023, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the renovation, construction, improvement and equipping of Young Arena, the golf course, and the Cedar Valley Sportsplex. Principal and interest on the proposed Loan Agreement will be payable from the Debt Service Fund. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of , 2023. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 276 of 539 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA Not to Exceed $700,000 General Obligation Bonds (GCP-3) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 277 of 539 March 6, 2023 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 278 of 539 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order to provide funds to pay the costs of the renovation, construction, improvement and equipping of Young Arena, the golf course, and the Cedar Valley Sportsplex, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: o o that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2023, at this place. Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: 2 Page 279 of 539 Whereupon, the Mayor declared the measure duly adopted. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of the renovation, construction, improvement and equipping of Young Arena, the golf course, and the Cedar Valley Sportsplex, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. 3 Page 280 of 539 PASSED AND APPROVED this 6th day of March, 2023. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 281 of 539 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2023. (SEAL) 02163 646-1 \ 11310-15 8 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 282 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department AGENDA ITEM TITLE MEETING DATE March 6, 2023 General Obligation Bonds -GCP-4 -The issuance of not to exceed $700,000.00 General Obligation Bonds for general corporate purposes. RECOMMENDED COUNCIL ACTION GCP-4 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay for the costs of the construction, reconstruction, improvement, renovation, and equipping of City Hall and other City facilities and buildings. SUMMARY STATEMENT AND BACKGROUND INFORMATION This hearing is for projects to be funded with general obligation bonds to be sold this spring. Please note that the hearing amounts indicated are being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The issuance of bonds commits the City to future repayment. The principal amount plus interest will be required to be repaid in the future. Repayment will be made from various sources, including general property taxes and tax increment revenue. ALTERNATIVE ACTION The City could choose not to sell bonds and not proceed with the projects. This would reduce future Page 283 of 539 debt service costs. However, other costs would increase. For example, a number of the planned projects are government mandates that could have financial ramifications if they are not completed. LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (158) - PDF Letter of Instruction Hearing 2023A GO BONDS (02164905x7F7E1) 2. Waterloo (158) - GCP-4 Notice of Hearing 2023A GO BONDS (02159279x7F7E1) 3. Waterloo (158) - GCP-4 Hearing Proceedings 2023A GO BONDS (02163652x7F7E1) Page 284 of 539 AHLERS COONEY ATTORNEYS February 21, 2023 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Re: Waterloo, Iowa - General Obligation Bonds Dear Kelley: Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Included with this letter are proceedings for the day of the public hearing on the issuance of the above -mentioned Bonds (March 6, 2023). Notice must have been published before the public hearing. The proceedings begin with the opening of the public hearing and the receipt of any oral or written objections from any resident or property owner regarding the proposed issuance of the Bonds. If any objections are received, please attach a summary of those objections to the proceedings. After the public hearing, if the Council decides not to abandon the proposal to issue the Bonds, the enclosed resolution taking additional action on the issuance should be adopted. Please note that the proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. If a valid petition is filed please notify us as soon as possible since the enclosed proceedings will have to be revised to either abandon the proposal to issue the Bonds or direct the County Commissioner to call a special election. The Council is required by statute to adopt the enclosed resolution at the hearing, or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. If the Council decides to abandon the proposal to issue said Bonds, then the form of resolution included in these proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Appeal to District Court. Section 384.25 of the Code of Iowa, provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of WISHARD & BAILY- 1888; GUERNSEY & BAILY- 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. -1990 Page 285 of 539 February 21, 2023 Page 2 a county in which any part of the city is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. Please let us know as soon as possible if an appeal is filed. Please send an executed copy of the proceedings filled in as the original to our office. We would also appreciate electronic scans. Please let me know if you have any questions. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Manager, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/encl.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 02163700-1\11310-158 Page 286 of 539 GCP-4 (To be published between: February 14, 2023 and February 21, 2023) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 6th day of March, 2023, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the construction, reconstruction, improvement, renovation, and equipping of City Hall and other City facilities and buildings. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of , 2023. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 287 of 539 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA Not to Exceed $700,000 General Obligation Bonds (GCP-4) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 288 of 539 March 6, 2023 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 289 of 539 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order to provide funds to pay the costs of the construction, reconstruction, improvement, renovation, and equipping of City Hall and other City facilities and buildings, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: o o that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2023, at this place. 2 Page 290 of 539 Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of the construction, reconstruction, improvement, renovation, and equipping of City Hall and other City facilities and buildings, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. 3 Page 291 of 539 PASSED AND APPROVED this 6th day of March, 2023. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 292 of 539 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2023. (SEAL) 02163 652-1 \ 11310-158 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 293 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rudy Jones, Director Community Development Department AGENDA ITEM TITLE Proposed Allocation plan for HOME- American Rescue Plan. RECOMMENDED COUNCIL ACTION MEETING DATE March 6, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION The HOME ARP allocation plan is a strategic plan detailing the allocation of funding to assist individuals or households who are experiencing homelessness by providing affordable housing, rental assistance, supportive services, and non -congregate shelter, to reduce homelessness and increase housing stability. A 15-day comment period was held on February 17, 2023 - March 4, 2023, on the proposed allocation plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 294 of 539 ATTACHMENTS 1. HOME -ARP Allocation Plan Draft Page 295 of 539 Waterloo/Cedar Falls HOME Consortium HOME -ARP Allocation Plan CITY OF kt4tt IOWA Community of Opportunity CEDAR FA LLS EQUAL HOUSING OPPORTUNITY 1 Page 296 of 539 Introduction On March 11, 2021 President Biden signed into law the American Rescue Plan (ARP). Congress appropriated $5 billion to be administered through the HOME Investment Partnership for activities primarily benefiting qualifying individuals and families at risk of homeless, or other vulnerable populations. The Waterloo/Cedar Falls HOME Consortium was allocated $1,780,793 in HOME -ARP funding. Funds will be used to serve qualifying populations in the jurisdiction through HOME -ARP rental housing, supportive services, and acquisition and development of non -congregate shelter. Funds will be used in efforts of ending homelessness, enabling non -profits to quickly rehouse homeless individuals and families to optimize self-sufficiency for families and individuals experiencing homelessness. Activities will primarily benefit households in the qualifying populations. The American Rescue Plan defines qualifying individuals or families as: QUALIFYING POPULATIONS 1. Homeless 2. At Risk of Homeless 3. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking. 4. Other Populations Other families requiring services or housing assistance to prevent homelessness At greatest risk of housing instability Consultation Waterloo Community Development began consultation during the annual informational meeting held on November 29, 2022 to discuss funding opportunities. Public service agencies, non-profit and for -profit developers, other city departments and key stakeholders for both Waterloo and Cedar Falls were invited to the informational meeting. Most service providers included in the consultation process serve both the Waterloo and Cedar Falls area. The American Rescue Plan was discussed during the meeting and agencies agreed to participate in the consultation process. Virtual and in person meetings were held with agencies to discuss the unmet needs of each qualifying population, discuss gaps in housing and shelter inventory, homeless assistance and services, and homeless prevention. A survey was emailed to agencies and service providers 2 Page 297 of 539 whose clientele included individuals of the qualifying populations. The survey was used to identify unmet needs, gaps in housing or the service delivery system. Agencies Consulted in Waterloo/Cedar Falls Serve the Following Populations: Homeless At Risk of Homeless Fleeing, or Attempting t.., Other Families Requiring,,, At Greatest Risk of Hous... Veterans and Families tha,.. None ofthe Above 0% 1046 2046 30% 40% 5O% 60r% 7046 8046 90% 10046 3 Page 298 of 539 Agencies Consulted: Agency/Org Consulted Type of Agency/Org Method of Consultation Feedback Community Housing COC; Permanent Supportive Housing Homeless At Risk of Homeless Domestic Violence Survey response & In person meeting on 12-5-2022 and 2-13-23 Discussed coordinated entry and domestic violence lists and gaps in homeless support and services. The additional funds needed to provide casework and rent for homeless individuals. Issues with transportation. Demographics of individuals served in Waterloo. Mental health, addiction and criminal backgrounds being the largest barriers to permanent housing. Lack of rental housing that will pass an HQS inspection. Initiatives House Of Hope Supportive services for single mother families in homelessness and women aging out of foster care. Transitional Housing Other Permanent Housing Homeless At Risk of Homeless Domestic Violence Homeless Prevention Greatest Risk of Housing Instability Survey response & Virtual meeting on 12-12-2022 Discussed the programs offered and what the barriers were for the individuals being served by the agency. Demographics of the populations being served. Transportation, child care and lack of peer and family support were identified unmet needs. Underserved population is at risk of homeless and the ALICE threshold. The Salvation Army Emergency Overnight Shelter Homeless At Risk of Homeless Domestic Violence Homeless Prevention Greatest Risk of Housing Instability Veterans In person meeting on 12-12-2022 and 2-10-23 Discussed the lack of safe affordable housing that will pass HQS. Discussed other barriers including transportation, past evictions, criminal records. Unmet needs include holistic and on - going support and the lack of a single entity capable of addressing the range of housing needs or capable of facilitating care 4 Page 299 of 539 management regardless of where the household falls on the spectrum. Discussed the wide range of demographics, underserved and disproportionate populations. We also discussed that agency's specific needs. Hospitality House of the Cedar Valley Warming Center Homeless At Risk of Homeless Domestic Violence Greatest Risk of Housing Instability Veterans Survey Response & Virtual Meeting on 12-13-22 Discussed services provided by the agency. Discussed barriers of the individuals they serve which include mental health, substance abuse and employment. Gaps in housing include landlords that are willing to rent to individuals with high barriers. Shelters do not offer services long enough to lead to some stability and self-sufficiency. Friends of the Family Housing and Support Services Emergency Shelter Permanent Supportive Housing Other Permanent Housing Homeless At Risk of Homeless Domestic Violence Homeless Prevention Greatest Risk of Housing Instability Survey Response & In person meeting on 12-13-22 and 2-10-23 Discussed the demographics of the individuals served. Mental health, substance abuse and lack of support were identified as barrier. Unmet needs included funding for individuals who needed rent assistance and security deposits, case management and ongoing support. Funding to get everyone on the coordinated entry list into permanent housing and provide ongoing support to ensure self - sufficiency. We also discussed how street outreach was needed to assist individuals experiencing homelessness. Friends of the Family was also looking at ways to get families and individuals housed quickly as the average time frame currently is 19 days. We discussed how most homeless individuals have multiple barriers that are not overcome in a short time frame. Waterloo Housing Authority Waterloo Public Housing Authority Survey Response & Discussed how the PHA is issuing voucher for rental assistance however, clients are unable to find 5 Page 300 of 539 Section 8 Voucher and Public Housing Other Permanent Housing Homeless At Risk of Homeless Domestic Violence Homeless Prevention Greatest Risk of Housing Instability Veterans Virtual Meeting on 12-14-22 decent units that will pass HQS. Discussed why the City of Waterloo was only issued a fraction of the Emergency Housing Vouchers as compared to other cities in Iowa. Discussed how individuals with evictions on their records cannot find housing. Cedar Falls Housing Authority Cedar Falls Public Housing Agency Homeless At Risk of Homeless Domestic Violence Homeless Prevention Greatest Risk of Housing Instability Veterans Virtual Meeting on 12-14-22 Increasing rental prices continue to climb which in turn is eliminating the rental as a Section 8 possibility. Units with rents that will work with the program will not pass the HQS inspection. More affordable rental units are needed at market rates that will work with the Section 8 Program. Unity Point Health Black Hawk, Grundy Mental Health Center Health Care Mental Health Homeless At Risk of Homeless Homeless Prevention Greatest Risk of Housing Instability Veterans Survey Response & Virtual Meeting on 12-19-22 Largest barrier to housing is affordability. We could overcome this gap with providing housing vouchers for rent on an ongoing basis. Barriers are reliable transportation. Bus routes need to be increased especially to Tysons. It was also discussed that there is currently a need to increase employee wages at the local shelter to retain good employees to keep the shelter in operation. Deposit assistance and bus passes were also a need. Cedar Valley Housing Corporation Non -Profit Agency looking to provide full services to homeless individuals with mental health and substance abuse issues that need ongoing case management. Survey Response & Virtual Meeting On 12-19-22 Discussed the demographics of the population served by the agency. Discussed the need for housing that would also provide ongoing case management for individuals with high barriers. There is a need for landlords that are willing to rent to individuals with high barriers such as mental health, substance abuse 6 Page 301 of 539 Iowa Heartland Habitat for Humanity Non -Profit Housing Agency Greatest Risk of Housing Instability Survey Response The greatest barriers for the clients served is low income and high debt and being able to afford rental housing while paying down debt. Unmet needs of the individuals served by the agency include credit counseling and accountability. Amani Community Services Non -Profit Agency serving victims of domestic and sexual violence Homeless At Risk of Homeless Domestic Violence Homeless Prevention At Greatest Risk of Housing Instability Survey Response Barriers to housing include prior evictions and affordable rent. Suggested rent and deposit programs. Unmet needs include legal services for housing issues and there are not enough shelters in the area. Funding to assist clients with housing or hotel stays until the client finds housing is needed. Central Iowa Shelter & Services Emergency Shelter and Housing Services Emergency Shelter Transitional Housing Permanent Supportive Housing Homeless At Risk of Homeless Greatest Risk of Housing Instability Veterans Survey Response The greatest barriers for the individuals the agency serves is income. The unmet needs are construction of affordable housing. Policy issues such as single-family residential zoning can also affect Black and Latino families and low-income families at higher rates because they're statistically more likely to be renters or live in multi -family households. The agency needs more case management. Northeast Iowa Food Bank Non -Profit Agency Food Bank Homeless At Risk of Homeless Domestic Violence Prevent Homelessness Greatest Risk of Instability Veterans Survey Response Greatest barriers for the clients served are low paying jobs and retirement income isn't enough to support a household. More affordable housing is needed. More homeless services are needed. 7 Page 302 of 539 Black Hawk County Veteran Affairs Veteran Services Email and Survey request was made No Response Hawkeye Area Community Action Program (HACAP) Homeless Services Survey request was made No Response City of Waterloo Human Rights Commission Civil Rights Agency Homeless At Risk of Homeless Domestic Violence Prevent Homelessness Greatest Risk of Instability Veterans Survey Response & In Person Meeting on 1-6-23 Discussed barriers to housing such as prior evictions, criminal records and mental health issues. Tenant landlord issues that lead to homelessness. Discussed fair housing and the HOME -ARP allocation. Feedback received and results of upfront consultation with these entities: The consultation process concluded that homelessness is a complex problem with no easy solution. Individuals who are homeless or are at risk of being homeless are all faced with very different circumstances. Many of the populations faced the same unmet needs. Rental assistance, affordable housing and case management were the top unmet needs. The rising cost of rental units and landlords unwilling to rent to individuals with prior evictions, criminal history or mental illness were also common variables. Many individuals within the qualified populations lack peer and family support. With no support system individuals who have been through the coordinated entry system and placed in temporary or permanent housing often fail due to lack of transportation, lack of child care, substance abuse and mental health issues. Shelter providers discussed the lack of units, shelter beds and inability to provide case management. It was determined there is a need for 50-60 additional units to place homeless individuals. The coordinated entry system scores individuals on their individual circumstances and needs. A person who is considered literally homeless will score higher than individuals who are homeless but have minimum resources. Individuals and families with a lower score tend to remain on the coordinated entry list until they are able to self -resolve because there are not enough resources to assist everyone on the coordinated entry list. 8 Page 303 of 539 Public Participation Public participation process, including information about and the dates of the public comment period and public hearing(s) held during the development of the plan: • Date(s) of public notice: 2/17/2023 • Public comment period: 2/18/2023 - 3/4/2023 • Date(s) of public hearing: 3/6/2023 Public participation process: A Notice for the HOME -ARP 15-day comment period was posted in the Waterloo Courier legal section on February 17, 2023. This public comment period was held from February 18-March 4, 2023. This notice was also placed on the City of Waterloo and City of Cedar Falls websites as well as the Community Development and City of Cedar Falls Facebook pages. As stated in the notice, citizens could either email or mail their comments. A public hearing was held during the City of Waterloo council meeting on March 6, 2023. The City of Cedar Falls held a public meeting during their February 20, 2023 City Council meeting to discussed the HOME -ARP Allocation Plan. Efforts to broaden public participation: Copies of the draft HOME -ARP Allocation Plan will be distributed to partner entities that serve significant populations which include persons in legally protected classes (racial/ethnic minority, persons with disabilities, etc.), persons in special population (at -risk youth), persons in a federal "Presumed Benefit" category (abused spouses, persons with AIDS/HIV, persons experiencing homelessness) or persons who may otherwise have barriers to public participation. Comments and recommendations received through the public participation process either in writing, or orally at a public hearing: Enter narrative response here. Summarize any comments or recommendations not accepted and state the reasons why: Enter narrative response here. 9 Page 304 of 539 Needs Assessment and Gaps Analysis Homeless Needs Inventory and Gap Analysis Table for Waterloo/Cedar Falls Combined Homeless Current Inventory Homeless Population Gap Analysis Family Adults Only Vets Family HH (at least 1 child) Adult HH (w/o child) Vets Victims of DV Family Adults Only # of Beds # of Units # of Beds # of Units # of Beds # of Beds # of Units # of Beds # of Units Emergency Shelter 16 6 60 0 0 Transitional Housing 0 0 3 0 3 Permanent Supportive Housing 2 1 31 0 19 Other Permanent Housing 18 3 2 0 0 Sheltered Homeless r- 150 816 78 78 Unsheltered Homeless 31 296 6 0 Current Gap L J 21 8 59 59 Suggested Data Sources: 1. Point in Time Count (PIT): 2. Continuum of Care Housing Inventory Count (HIC): 3. Consultation The current inventory was based on the Continuum of Care Housing Inventory Count. The homeless population was based on the 2022 Point in Time Count. The gap analysis was based on the current number of families and individuals on the Iowa Balance of State Coordinated Services Network- Homeless Prioritization List waiting to be served. The prioritization list was chosen to demonstrate the gap analysis because it serves a more targeted area, which includes our jurisdiction. 10 Page 305 of 539 Housing Needs Inventory and Gap Analysis Table for the City of Waterloo Non -Homeless Current Inventory Level of Need Gap Analysis # of Units # of Households # of Households Total Rental Units 11,080 Rental Units Affordable to HH at 30% AMI (At -Risk of Homelessness) 715 Rental Units Affordable to HH at 50% AMI (Other Populations) 575 0%-30% AMI Renter HH w/ 1 or more severe housing problems (At -Risk of Homelessness) 2,650 30%-50% AMI Renter HH w/ 1 or more severe housing problems (Other Populations) 1,830 Current Gaps 3,190 Source: 2015-2019 Comprehensive Housing Affordability Strategy (CHAS) The 2015-2019 Comprehensive Housing Affordability Strategy (CHAS) data shows the City of Waterloo has 11,080 rental units. 3,365 renters have a household income at or below 30% area median income (AMI). Of those renters 2,650 have a cost burden greater than 30% of their annual income. This leaving 715 rental units affordable to renters with income at or below 30% AMI. 2,400 renters have a household income at or below 30% AMI. Of those renters 1,600 have a cost burden greater than 30% of their annual income. This leaving 800 units affordable in the 30-50% AMI category. The CHAS data indicates in the category Income by Housing Problems (for renters only) having at least 1 of 4 housing problems is 2,650 for households at or below 30% AMI, and 1,830 for households at 31-50% AMI. 11 Page 306 of 539 Housing Needs Inventory Gap Analysis for the City of Cedar Falls Non -Homeless Current Inventory Level of Need Gap Analysis # of Units # of Households # of Households Total Rental Units 5,645 Rental Units Affordable to HH at 30% AMI (At -Risk of Homelessness) 230 Rental Units Affordable to HH at 50% AMI (Other Populations) 265 0%-30% AMI Renter HH w/ 1 or more severe housing problems (At -Risk of Homelessness) 1375 30%-50% AMI Renter HH w/ 1 or more severe housing problems (Other Populations) 830 Current Gaps 1,710 Source: 2015-2019 Comprehensive Housing Affordability Strategy (CHAS) The 2015-2019 Comprehensive Housing Affordability Strategy (CHAS) data shows the City of Cedar Falls has 5,645 rental units. 1,605 renters have a household income at or below 30% area median income (AMI). Of those renters 1,375 have a cost burden greater than 30% of their annual income. This leaving 230 rental units affordable to renters with income at or below 30% AMI. 1,095 renters have a household income at or below 30% AMI. Of those renters 830 have a cost burden greater than 30% of their annual income. This leaving 265 units affordable in the 30- 50% AMI category. The CHAS data indicates in the category Income by Housing Problems (for renters only) having at least 1 of 4 housing problems is 1,375 for households at or below 30% AMI, and 830 for households at 31-50% AMI. 12 Page 307 of 539 Size and demographic composition of qualifying populations within the PJ's boundaries: The Iowa Balance of State Coordinated Services Network utilizes a computerized record keeping system that captures information about people experiencing homelessness and at risk of homeless and homeless prevention. This system is administered by the Institute for Community Alliances. Individuals and families are assessed and given a Vulnerability Index Score (VI) which determines the level of need on the prioritization lists. Scores of 8 or above have the highest priority. The list determines if the individual or family is chronically homeless, identifies the length of homelessness, and whether the client is a victim of domestic violence, veteran status, literally homeless, and disabled. Homeless as defined in 24 CFR 91.5 On January 24, 2023 the Iowa Balance of State Coordinated Services Network Homeless Prioritization List contained 65 homeless clients listed in the Black Hawk, Tama and Grundy county area and 2 in the Eastern Iowa region. 34 single individuals had a VI score of 8+ were in need of permanent supportive housing. 22 single individuals with a VI score of 4-7 needed rapid rehousing. 3 single individuals were listed as no support needed. The list contained 5 families with a VI score of 9+ needing permanent supportive housing and 4 families with a VI score of 4- 8 needing rapid rehousing. 1 family was listed as needing no supports. December 2022 data indicates single individuals remained on the prioritization list an average of 77 days, while a family's average number of days on the prioritization list was 87. The 2022 Point in Time Count for the Iowa Balance of Care CoC showed an overall homeless count of 1,601 individuals. 383 individuals were under the age of 18, 120 were ages 18-24, 1,098 were over age 24. The overall data indicated 1,058 were White/Caucasian, 371 were Black/African American, 29 Asian/Asian American, 31 American Indian/Alaska Native, 4 Hawaiian/Pacific Islander, and 108 were multiples races. 161 individuals were Hispanic and 1,440 were Non -Hispanic. The report also indicated overall people in families was 584. The Salvation Army of Waterloo/Cedar Falls sheltered 604 individuals. Of those sheltered, 484 were adults, while 120 were children. The most common ages served were 25-44. 318 White/Caucasian, 230 Black/African/American, 5 Asian/Asian American, 7 American Indian/Alaska Native, 6 Native Hawaiian/Pacific Islander, 36 were multiple races, and 2 preferred not to answer. 581 individuals were Non-Hispanic/Non-Latino, and 23 identified as Hispanic/Latino. At Risk of Homelessness as defined in 24 CFR 91.5 On January 24, 2023 the Iowa Balance of State Coordinated Network Prevention Prioritization List contained 135 clients. 13 clients were listed as having a need for strong recommendation for financial and case management support with a VI score of 32+. 49 clients were listed as needing recommendation for financial and/or case management support with a VI score of 24-31.40 clients were listed as needing assistance as resources allow, consider financial and/or case 13 Page 308 of 539 management support with a VI score of 17-23. 34 clients were listed as no assistance provided; may however, provide referral to mainstream resources with a VI score of 0-16. The Comprehensive Housing Affordability Strategy (CHAS) data for the City of Waterloo showed 5,165 households below 30% area median income (AMI), 4,360 households at 31-50% AMI, and 5,645 households at 51-80% AMI. Of the households listed with income below 30% AMI 3,850 had a housing cost burden greater than 30% of their household income and 2,875 had a housing cost burden greater than 50% of their household income. Of the households listed with income at 31-50% AMI 2,385 had a housing cost burden greater than 30% of their household income and 470 had a housing cost burden greater than 50% of their household income. The Comprehensive Housing Affordability Strategy (CHAS) data for the City of Cedar Falls showed 1,980 households below 30% area median income (AMI), 1,885 households at 31-50% AMI, and 2,640 households at 51-80% AMI. Of the households listed with income below 30% AMI 1,705 had a housing cost burden greater than 30% of their household income and 1,495 had a housing cost burden greater than 50% of their household income. Of the households listed with income at 31-50% AMI 1,125 had a housing cost burden greater than 30% of their household income and 715 had a housing cost burden greater than 50% of their household income. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice On January 24, 2023 the Iowa Balance of State Coordinated Services Network Domestic Violence Prioritization List contained 78 homeless clients listed in the Black Hawk, Tama and Grundy county area. 39 single individuals had a VI score of 8+ were in need of permanent supportive housing. 12 single individuals with a VI score of 4-7 needed rapid rehousing. 2 single individuals were listed as no support needed. The list contained 20 families with a VI score of 9+ needing permanent supportive housing and 5 families with a VI score of 4-8 needing rapid rehousing. Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability, as defined by HUD in the Notice The Comprehensive Housing Affordability Strategy (CHAS) for the City of Waterloo indicates there are 2,875 households under 30% AMI with a housing cost burden greater than 50% of the household income. Data shows there are 9,525 households in the Waterloo area with household income below 50% AMI. The Comprehensive Housing Affordability Strategy (CHAS) for the City of Cedar Falls indicates there are 1,495 households under 30% AMI with a housing cost burden greater than 50% of the household income. Data shows there are 3,865 households in the Cedar Falls area with household income below 50% AMI. 14 Page 309 of 539 Other populations are often hard to track and serve and have the most unmet needs. These populations do not meet the definitions of homeless due to the requirements of the classification. They are often living in hotels or move frequently from place to place. The January 24, 2023 Iowa Balance of State Coordinated Services Network Homeless Prioritization List identifies Veterans as a category. The list currently shows 3 homeless individuals in need of assistance. Hawkeye Area Community Action Program (HACAP) pulls the Veteran population from the list each week as available resources allow. Current resources available to assist qualifying populations Additional resources available for homeless and homeless prevention not included in the tables listed: Waterloo Housing Authority Housing Choice Vouchers- VASH Vouchers - Emergency Housing Vouchers - Foster Youth to Independence Vouchers - Public Housing Units 1063 Authorized 19 Authorized 15 Authorized 9 Authorized 50 Available 980 Leased 16 Leased 10 Leased 1 Leased 50 Leased Cedar Falls Housing Authority Housing Choice Vouchers- 326 Authorized* 184 Leased* Community Housing Initiatives HUD CoC Permanent Supportive Housing Salvation Army Men's Shelter Women & Children's Shelter Family Shelter 13 Authorized* 7 Leased* 18 Beds 32 Beds 6 Beds Friends of the Family Family Beds 16 Beds Adult Only Beds 5 Beds Overflow/Voucher 9 Vouchers * HUD funds authorized will only support the current lease rate. 15 Page 310 of 539 Unmet housing and service needs of qualifying populations: Homeless as defined in 24 CFR 91.5 The unmet housing needs of the homeless population include affordable rental units that meet the minimum housing standards (HQS), long term (more than 2 years) and medium -term (3-24 months) rental assistance, shelters that accommodate couples, single fathers with children and elderly patients that are released from care facilities. The unmet service needs of this population include substance abuse treatment, mental health treatment and ongoing case management. At Risk of Homelessness as defined in 24 CFR 91.5 The unmet housing need of the at risk of homelessness populations include funding for rental assistance, rental arrears, and utility payments, affordable housing that can pass HQS inspection that can be rented with ongoing rental assistance. The unmet service needs of this population include childcare, transportation, job training and life skills training. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice The unmet housing need of this qualifying population is rental assistance and affordable housing. Security and utility deposits are also unmet housing needs. When a person or family is fleeing an abuser or an abusive situation they are often housed in hotels until shelter space opens up. In turn, shelters are not a good long term option for rebuilding and healing. The unmet service needs include case management and funding to provide services such as credit counseling, and legal assistance. Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability as defined by HUD in the Notice The unmet housing needs of this population include affordable housing that will pass an HQS inspection, rental assistance and landlords that will rent to high barrier individuals. The unmet service needs of this population include case management, life training skills and employment assistance. Gaps within the current shelter and housing inventory as well as the service delivery system: Shelter Gaps: The Salvation Army is the only provider of shelter to two -parent households, single fathers with children and elderly couples. There is currently one family shelter facility in operation that can support a family setting or an elderly couple. Therefore, if the unit is in use or damaged from another occupant the family is required to split up. Women and children are sent to the women and children's shelter while the men are sent to the men's shelter. Individuals Incapable of Self -Care: No agency is equipped to provide shelter to those incapable of self -care. There is a significant lack of assisted living opportunities in our community. 16 Page 311 of 539 Housing Gaps: Affordable housing that meets the minimum housing quality standards. Service Gaps: Gaps in service is the amount of time an individual is allowed to stay in a shelter. Currently an individual can stay in a shelter for 28 days. The average wait time for an individual to be taken off the Homeless Prioritization List is 77 days for single individuals and 87 days for families. If an individual is in a shelter and is unable to obtain a more permanent type of housing they are required to leave the shelter. Post -Homeless follow up support: Shelter stays are time -limited and therefore focus on housing solutions. Less focus is given to maintaining housing and to addressing the issues that first led to the homelessness. This lack of follow up support leads to the reoccurrence of homelessness for many since the contributing factors are never fully addressed. Under Section IV.4.2.ii.G of the HOME ARP Notice, a PJ may provide additional characteristics associated with instability and increased risk of homelessness in their HOME - ARP allocation plan. These characteristics will further refine the definition of "other populations" that are "At Greatest Risk of Housing Instability," as established in the HOME - ARP Notice. If including these characteristics, identify them here: Other populations will be assisted in accordance with the definition provided in the HOME -ARP Notice including: 1. Has annual income that is less than or equal to 30% of the area median income, as determined by HUD and is experiencing severe cost burden (i.e., is paying more than 50% of monthly household income toward housing costs); 2. Has annual income that is less than or equal to 50% of the area median income, as determined by HUD, AND meets one of the following conditions from paragraph (iii) of the "At risk of homelessness" definition established at 24 CFR 91.5: (A)Has moved because of economic reasons two or more times during the 60 days immediately preceding the application for homelessness prevention assistance; (B) Is living in the home of another because of economic hardship; (C) Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistance; (D)Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by Federal, State, or local government programs for low-income individuals; 17 Page 312 of 539 (E) Lives in a single -room occupancy or efficiency apartment unit in which there reside more than two persons or lives in a larger housing unit in which there reside more than 1.5 persons reside per room, as defined by the U.S. Census Bureau; (F) Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution); or (G)Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the recipient's approved consolidated plan. Veterans and Families that include a Veteran Family Member that meet the criteria for one of the qualifying populations described above are eligible to receive HOME -ARP assistance. Identify priority needs for qualifying populations: Homeless Populations The priority need identified for homeless populations is supportive services. Specific priorities identified include childcare, mental health services, outreach services, substance abuse treatment services, transportation, case management, security deposits, short term and medium term rental assistance (3-24 months). At Risk of Homelessness Populations The priority need identified for at risk of homelessness populations is decent and safe affordable housing. CHAS data shows the City of Waterloo has 15,170 households with an income at or below 80% AMI. Of those households 7,275 (48%) have a housing cost burden greater than 30% of the household income. In addition, The City of Cedar Falls has 6,508 households with an income at or below 80% AMI. Of those households 3,650 (56%) have a housing cost burden greater than 30% of the household income. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking The priority need identified for individuals and households fleeing, or attempting to flee, domestic violence, sexual assault, stalking, or human trafficking was family shelter housing, affordable housing and supportive services. Many individuals and families require short term shelter assistance until they are able to find more permanent housing. Supportive services such as rental and deposit assistance, transportation, and case management are needed to stabilize the individuals and families fleeing, or attempting to flee, domestic violence, sexual assault, stalking and human trafficking. Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability Other families requiring services or housing to prevent homelessness- 18 Page 313 of 539 At greatest risk of housing instability - Veterans and families that include a veteran family member - The priority need identified for these three other populations was supportive services. Case management, substance abuse treatment and/or mental health treatment, and life skills training were the top priorities identified for these populations during the consultation process. Individuals under this category tend to fall into homelessness or at risk of homelessness due to multiple contributing factors. Mental health and/or substance abuse was the number one identified reason for chronic homelessness and individuals being at risk of homelessness. Explain how the PJ determined the level of need and gaps in the PJ's shelter and housing inventory and service delivery systems based on the data presented in the plan: The current inventory was based on the Continuum of Care Housing Inventory Count. The homeless population was based on the 2022 Point in Time Count. The gap analysis was based on the current number of families and individuals on the Iowa Balance of State Coordinated Services Network- Homeless Prioritization List of individuals waiting to be served. It was determined that the best way to analyze the gap was to look at the current unhoused populations. The Homeless Prioritization List is a snapshot of unserved individuals. This representing the currently gap in the ability of service providers to house these individuals due to available resources. HOME -ARP Activities Method(s) that will be used for soliciting applications for funding and/or selecting developers, service providers, sub recipients and/or contractors: A notice of funding availability will be listed in the Waterloo/Cedar Falls Courier, The City of Waterloo and City of Cedar Falls websites, The City of Waterloo, Community Development, and City of Cedar Falls Facebook pages, and sent out to all agencies that were consulted during the HOME -ARP consultation process. The notice will include the amount of funding available for each activity to address the qualifying populations. Applications will be scored based on criteria specific to HOME -ARP. Funding will be awarded to agencies and projects to serve all of the qualifying populations and address all priority needs. Describe whether the PJ will administer eligible activities directly: The City of Waterloo and the City of Cedar Falls will administer the development and support of affordable housing activities. These activities will follow our regular procurement and rehabilitation policies and will be carried out by the Community Development rehabilitation specialists. Supportive services and acquisition and development of non -congregate shelter activities will be contracted with agencies. If any portion of the PJ's HOME ARP administrative funds are provided to a sub recipient or contractor prior to HUD's acceptance of the HOME ARP allocation plan because the sub recipient or contractor is responsible for the administration of the PJ's entire HOME ARP 19 Page 314 of 539 grant, identify the sub recipient or contractor and describe its role and responsibilities in administering all of the PJ's HOME ARP program: Not Applicable. The City of Waterloo staff carried out all planning, consultation, and writing of the HOME -ARP Allocation Plan. Use of HOME -ARP Funding I Funding Amount Percent of the Grant Statutory Limit Supportive Services $ 822,371 Acquisition and Development of Non- Congregate Shelters $ 220,652 Tenant Based Rental Assistance (TBRA) $ 0 Development of Affordable Rental Housing $ 470,652 Non -Profit Operating $ 0 0 % 5% Non -Profit Capacity Building $ 0 0 % 5% Administration and Planning $ 267,118 15 % 15% Total HOME ARP Allocation $ 1,780,793 Ili Describe how the PJ will distribute HOME ARP funds in accordance with its priority needs identified in its needs assessment and gap analysis: During the consultation process it was determined that affordable housing, case management, substance abuse and mental health treatment was an unmet need of all the qualifying populations. Family shelter was also an unmet need for multiple qualifying populations. The HOME -ARP allocation will be distributed to agencies working directly with the qualified populations to provide support services which includes case management, mental health and substance abuse treatment. Funding will be distributed to landlords and/or developers to acquire, rehabilitate or construct rental housing primarily for occupancy by households of individuals and families that meet one or more of the HOME -ARP qualifying populations. Funding will be allocated to homeless shelter providers to acquire and develop HOME -ARP non congregate shelter for individuals and families in qualifying populations. Priority will be given to agencies looking to acquire and develop family shelter. Describe how the characteristics of the shelter and housing inventory, service delivery system, and the needs identified in the gap analysis provided a rationale for the plan to fund eligible activities: Currently each service provider is tasked with providing emergency shelter, transitional shelter and permanent supportive shelter or short term supportive services. When an individual or family is faced with homelessness the emergency shelter provider's main goal is to get the individual out of the shelter and into more permanent housing. Shelter providers can only provide services for a limited number of days. Transitional and permanent supportive housing agencies must also move quickly to stabilize the individual or family. None of the service providers currently have resources to provide on -going case management and support to prevent the individual or family 20 Page 315 of 539 from becoming homeless in the future. Agencies lack resources to address the root of what causes an individual to become homeless or chronically homeless. Mental health treatment, substance abuse, life skills training, job training, transportation and childcare are all contributing factors. Individuals and families lack support systems that prevent chronic homelessness. Families, single fathers and elderly couples faced with homelessness lack shelter facilities that support the family demographic. These families are often separated or sheltered in hotels due to lack of proper family shelter facilities. Once an agency has available resources to address the individuals and families on the prioritization lists, they are unable to find adequate housing that will pass a minimum housing quality standards inspections (HQS). CHAS data shows the City of Waterloo has 12,435 and the City of Cedar Falls has 6,590 households having at least 1 of 4 housing, and severe housing problems including incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and a cost burden greater than 30% and 50%. HOME -ARP funding was allocated to supportive services, development and support of affordable housing, and acquisition and development of non -congregate shelter to address the gaps in these priority needs. HOME -ARP Production Housing Goals Estimated number of affordable rental housing units for qualifying populations that the PJ will produce or support with its HOME ARP allocation: The estimated number of HOME -ARP rental units that will be supported through this allocation is 6. This estimate is subject to change based on the funding requested through the application process. Specific affordable rental housing production goal that the PJ hopes to achieve and describe how the production goal will address the PJ's priority needs: It is estimated that The City of Waterloo will produce 5 and the City of Cedar Falls will produce 1 affordable rental unit through acquisition, rehabilitation or construction. Projects that are awarded HOME -ARP funds will be required to rent to individuals and families based on their qualifying household status. Funds will be used on existing rental units to bring them to minimum housing quality standards (HQS), or to develop new affordable rental housing. Rental units will be used to house individuals and families from the Homeless Management Information System (HMIS) and Domestic Violence Information Management System (DVIMS) prioritization lists. If there are no individuals or families from the prioritization lists the landlord may rent the unit to an individual or family meeting one or more of the HOME -ARP qualifying populations. 21 Page 316 of 539 Preferences Identify whether the PJ intends to give preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project: Preference will be given to individuals and families in qualifying populations based on prioritization. Participants receiving assistance will be selected through the Iowa Balance of State Coordinated Service Network coordinated entry process. The process is a centralized or coordinated process designed to coordinate program participant intake assessment and provision of referrals. The coordinated assessment system covers the geographic area, is easily accessed by individuals and families seeking housing or services, is well advertised, and includes a comprehensive and standardized assessment tool that increases the efficiency of local crisis response systems and improves fairness and access to resources and prioritizes people who are most in need of assistance. The coordinated entry process provides prioritization lists for homeless, victims of domestic violence- homeless, and homeless prevention. Through the coordinated entry process an assessment is conducted by a trained assessor to determine a household's current housing and service needs, risk of harm, risk of future or continued homelessness, and other adverse outcomes. Next is the scoring process of deriving an indicator of risk, vulnerability, or need based on responses to assessment questions. Based on the scoring the individual or family is prioritized or ranked in order of priority. Prioritization ensures people with more severe service needs and levels of vulnerability are prioritized for housing and homeless assistance before those with less severe service needs and lower levels of vulnerability. Participants are taken from the list in order of highest score. In the event of a tied score, tie breakers are in place to further assess the highest need and vulnerability. Tie breaker 1 is chronically homeless, tie breaker 2 is length of homelessness, tie breaker 3 is domestic violence, and tie breaker 4 is Veteran status. Therefore, in the event of a tied score certain subpopulations of homeless are given a preference based on the tie breakers in the respective order. Next, eligibility is determined to see if participants meet project -specific requirements of the projects for which they are prioritized and referred. If the first individual or family on the prioritization list does not meet the requirements of the program for which there are available resources, the agency will move to the next participant on the list and so on. For example, a supportive service agency may have a program that prioritizes the chronically homeless with VI scores of 8+ to meet their specific program requirements. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking population will give preference to individuals and families that are homeless. Non -congregate shelter acquired, rehabilitated or constructed with HOME -ARP funds may be subject to preferences. If a single individual is taken from the prioritization list they may be sheltered in a unit that will be more suitable for a single individual which allows the family shelter to remain available to families that cannot be housed in other shelter settings. 22 Page 317 of 539 If a preference was identified, explain how the use of a preference or method of prioritization will address the unmet need or gap in benefits and services received by individuals and families in the qualifying population or subpopulation of qualifying population, consistent with the PJ's needs assessment and gap analysis: Multiple agencies participate in the coordinated entry process allowing participants to receive specialized case management based on needs. The coordinated entry process covers the entire geographic area of the City of Waterloo and Cedar Falls jurisdictions. Agencies can be easily accessed by individuals and families seeking housing or services. Coordinated entry provides affirmative marketing and outreach to provide supportive services to eligible persons regardless of race, color, national origin, religion, sex, age, familial status, or disability who are least likely to apply in the absence of special outreach, and maintain records of those marketing activities. Access point agencies provide an initial, comprehensive assessment of individuals and families for housing and services based on prioritized need. It also includes a specific policy to guide the operation of the centralized or coordinated assessment system to address the needs of individuals and families who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, or stalking, but who are seeking shelter or services from non -victim specific providers. The agencies participating in the coordinated entry process are providing the supportive services, emergency shelter and permanent supportive housing and identify the unmet needs of the qualifying populations. Referral Methods Identify the referral methods that the PJ intends to use for its HOME ARP projects and activities. PJ's may use multiple referral methods in its HOME ARP program. (Optional): Referrals to HOME ARP activities will be a direct referral from an agency participating in Coordinated Entry (CE). The CE will provide the prioritization lists directly to the sub recipients for supportive services, admittance to a HOME -ARP rental unit, or occupancy of a non - congregate shelter unit. Agencies, developer and landlords funded through the HOME -ARP allocation will assist individuals and families through the HUD Coordinated Entry Process. If the PJ intends to use the coordinated entry (CE) process established by the CoC, describe whether all qualifying populations eligible for a project or activity will be included in the CE process, or the method by which all qualifying populations eligible for the project or activity will be covered: Each qualifying population will be allocated funds for activities that serve the unmet needs. Homeless Populations The homeless population will be served through the CE "Homeless Prioritization List" through the following activities: supportive services, acquisition and development of non -congregate shelter, development of affordable rental housing. 23 Page 318 of 539 At Risk of Homelessness Populations The at risk of homelessness population will be served through the CE "Homeless Prevention Prioritization List" through the following activities: supportive services, development of affordable rental housing. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking The fleeing, attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking population will be served through the CE "Domestic Violence Information Management System Prioritization List (DVIMS)" through the following activities: support services, acquisition and development of non -congregate shelter, development of affordable housing. Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability will be served through the CE "Homeless Prevention Prioritization List" through the following activities: supportive services, development of affordable housing. If the PJ intends to use the CE process established by the CoC, describe the method of prioritization to be used by the CE. (Optional): The CE uses 4 types of assessments to place individuals on the 3 prioritization lists. The Vulnerability Index- Service Prioritization Decision Assistance Tool (VI-SPDAT) for Single Adults, VI-SPDAT for Families, and VI-SPDAT for homeless youth are used to assess participants on the Homeless and DVIMS Prioritization Lists and the Homeless Prevention Assessment is used to assess participants for the homeless prevention prioritization list. Limitations in a HOME -ARP rental housing or NCS project Describe whether the PJ intends to limit eligibility for a HOME ARP rental housing or NCS project to a particular qualifying population or specific subpopulation of a qualifying population identified in section IV.A of the Notice: HOME -ARP Non -Congregate Shelter will be limited to homeless participants in the following qualified population categories: Homeless, and Fleeing, Attempting to Flee, Domestic Violence, Sexual Assault, Stalking, or Human Trafficking. HOME -ARP rental housing will serve all qualifying populations. If a PJ intends to implement a limitation, explain why the use of a limitation is necessary to address the unmet need or gap in benefits and services received by individuals and families in 24 Page 319 of 539 the qualifying population or subpopulation of qualifying population, consistent with the PJ's needs assessment and gap analysis: Rental Housing - The PJ does not intend to place any unique limitations on the use of the HOME -ARP funds to support rental house needs described in this plan outside of any existing local, state or federal codes. Our local codes have requirements that all rental properties be registered in order to perform a life -safety review of the unit and ensure appropriate occupancy standards based on the capacity of the unit. There are no additional unique limitations anticipated with programs to be offered through HOME -ARP funding. Any limitations found that do not follow fair housing, civil rights, and nondiscrimination requirements, including but not limited to those requirements listed in 24 CFR 5.105(a), Fair Housing Act, Title VI of the Civil Rights Act, section 504 of Rehabilitation Act, HUD's Equal Access Rule, and the Americans with Disabilities Act will be rejected. Non Congregate Shelter Units - The type of non -congregate shelter units will be determined through the application process. Family shelter is a current unmet need of homeless individuals. Non -congregate shelter acquired, rehabilitated or constructed with HOME -ARP funds may be subject to preferences. If a single individual is taken from the prioritization list they may be sheltered in a unit that will be more suitable for a single individual which allows the family shelter to remain available to families that cannot be housed in other shelter settings. If a limitation was identified, describe how the PJ will address the unmet needs or gaps in benefits and services of the other qualifying populations that are not included in the limitation through the use of HOME ARP funds (Le., through another of the PJ's HOME -ARP projects or activities): If a participant from a qualifying population cannot be served due to landlord tenant criteria or rental code ordinances with HOME -ARP rental housing, the participant will be provided case management to seek alternative housing options. Non -Congregate Shelter is limited to homeless individuals in the qualifying populations. Shelter is not needed for the at risk of homelessness and other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability populations. Participants of these categories will be assisted through HOME -ARP funds designated for affordable housing and supportive services. 25 Page 320 of 539 HOME -ARP Refinancing Guidelines Not Applicable. There is no intent to use HOME -ARP funds to refinance existing debt secured by multifamily rental housing that is being rehabilitated with HOME -ARP funds. • Establish a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing to demonstrate that rehabilitation of HOME ARP rental housing is the primary eligible activity N/A • Require a review of management practices to demonstrate that disinvestment in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving qualified populations for the minimum compliance period can be demonstrated. N/A • State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. N/A • Specify the required compliance period, whether it is the minimum 15 years or longer. N/A • State that HOME ARP funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. N/A • Other requirements in the PJ's guidelines, if applicable: N/A 26 Page 321 of 539 W'1.0 Lig um *,?J'° The Waterloo/Cedar Falls HOME Consortium- HOME Investment Partnerships - American Rescue Plan Program HOME -ARP Funds, Section 3205 of the American Rescue Plan Act of 2021, Public Law 117-2 Notice of Public Comment Period: February 18, 2023- March 4, 2023 And Notice of Public Hearing March 6, 2023 In accordance with the federal regulations, 24 CFR, Part 91, NOTICE is hereby given to residents of the City of Waterloo that a draft version of the Waterloo/Cedar Falls HOME Consortium, HOME- American Rescue Plan (HOME -ARP) Allocation Plan will be available for review and a 15-day comment period. A public hearing will be held on March 6, 2023. The City of Waterloo Community Development Department through the Waterloo/Cedar Falls HOME Consortium was awarded $1,780,793.00 in HOME - ARP funds in a one-time allocation from the U.S. Department of Housing and Urban Development. Funding will be allocated to the following activities: Provisions of Supportive Services- funding will be used as listed in section 401(29) of the McKinney-Vento Homeless Assistance Act ("McKinney-Vento Supportive Services") (42 U.S.0 11360(29)) in the amount of $822,371. Development and Support of Affordable Housing- funding will be used to acquire, rehabilitate, or construct affordable rental housing primarily for occupancy by households of individuals and families that meet one or more of the HOME -ARP qualifying populations in the amount of $470,652. 27 Page 322 of 539 Acquisition and Development of Non -Congregate Shelter- funds will be used to acquire and develop HOME -ARP non congregate shelter for individuals and families in qualifying populations in the amount of $220,652. HOME -ARP Administration- funding will be used to administer the HOME -ARP Program- $267,118 The HOME -ARP allocation plan is required by HUD for the City to receive federal HOME -ARP grant funds. The HOME -ARP Allocation Plan is a strategic plan detailing the allocation of funding to assist individuals or households who are experiencing homelessness, at risk of homelessness, and other vulnerable populations, by providing affordable housing, rental assistance, supportive services, and non -congregate shelter, to reduce homelessness and increase housing stability. The plan defines the use of federal HOME -ARP grant funds to address these needs. To encourage public input in the review process; a public hearing will be held on March 6, 2023 at 5:30 p.m. in the Harold E Getty City Council Chambers, 2nd Floor City Hall, 715 Mulberry Street, Waterloo, Iowa. 15-Day Comment Period: Citizens will have the opportunity to review and comment on the Waterloo/Cedar Falls HOME Consortium, HOME Investment Partnerships- American Rescue Plan Allocation Plan beginning February 18, 2023 until March 4, 2023. Citizens may review the Allocation Plan on the City of Waterloo website at the following link www.citvofwateriooiowa/commdev or request a copy from the Community Development Department. Public comments regarding the HOME -ARP Allocation Plan may be emailed to anita.merfeld@waterloo-ia.org or mailed to Community Development, 620 Mulberry Street, Waterloo, Iowa 50703. A summary of all citizen comments will be included in the allocation plan. Disability Assistance: The City of Waterloo Community Development office will make efforts to provide reasonable accommodations to disabled members of the public in accessing the information for the HOME -ARP Allocation Plan. If you have special needs please call the Community Development office at 319-291- 4429. 28 Page 323 of 539 Translation Assistance: The City of Waterloo Community Development office will make efforts to provide translation assistance for public meetings and program information. Please call the Community Development office at 319-291-4429 if translation services are needed. Copies of the draft HOME -ARP Allocation Plan will be to distributed to partner entities that serve significant populations which include persons in legally protected classes (racial/ethnic minority, persons with disabilities, etc.), persons in special population (at- risk youth), persons in a federal "Presumed Benefit" category (abused spouses, persons with AIDS/HIV, persons experiencing homelessness or persons who may otherwise have barriers to public participation. 29 Page 324 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Keith Kaspari, Director March 6, 2023 Airport Department AGENDA ITEM TITLE FY 2023 Airport HVAC Project for Airline Passenger Terminal Building - Federal Aviation Administration Airport Improvement Program Project No. 3-19-0094-0054. RECOMMENDED COUNCIL ACTION Approve of the Request by Staff SUMMARY STATEMENT AND BACKGROUND INFORMATION This project is a rebid of a previous similar project, but split from a previous project (CCTV Camera System); and now bid separately, to replace the controls to the HVAC system at the airline passenger terminal building that has been very problematic for staff for some years now. FAA, and using CARES funding for this project, has approved the expenditure of these funds for this purpose. NEIGHBORHOOD IMPACT Should be minimal, if any realized. DATA, ANALYSIS, AND STRATEGIES Not applicable for this request by Staff. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Staff will communicate with passengers and tenants regarding the installation of the system controls when installation begins. COMMUNITY ENGAGEMENT METHODS Staff with engage with terminal tenants and passengers regarding this project during the time of installation of system controls. SOURCE OF EXPENDITURES FAA Grant No: 48 - (aka First CARES Act Grant Received by the City), but through the CARES Funds (with Final Grant determined to be Grant No: 54. There is no anticipated match required of the City nor of the Airport Department. ALTERNATIVE ACTION N/A for this request by Staff Page 325 of 539 LEGAL DESCRIPTION N/A for this request by Staff. ATTACHMENTS None Page 326 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Keith Kaspari, Director March 6, 2023 Airport Department AGENDA ITEM TITLE FY 2023 Airport CCTV Project for the Airline Passenger Terminal Building - Federal Aviation Administration Airport Improvement Program, Project No. 3-19-0094-0054. RECOMMENDED COUNCIL ACTION Approve of the request by Staff SUMMARY STATEMENT AND BACKGROUND INFORMATION This is a project rebid, of a previous similar project, but split from the previous project (HVAC Controls); and now bid separately, to install a CCTV System in various areas (landside - inside - First and Second Floors - and possibly airside if funds allow) to the airline passenger terminal building. This project will enhance the terminal building's existing Access Control System - and allow Staff to continue to prepare the terminal building for Staff to monitor doors, and door alarms, Lobby & Baggage Claim area / Entrances and Exits, etc. With a low priority for the use of Standard FAA AIP funds due to the NPR (National Priority Ranking) of FAA funded projects - the FAA supports Staff's request to use CARES Act funding for this purpose and project. NEIGHBORHOOD IMPACT Should be minimal, if any, realized. DATA, ANALYSIS, AND STRATEGIES N/A for this request by Staff. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Staff will communicate with tenants regarding the installation of the CCTV System prior to installation. COMMUNITY ENGAGEMENT METHODS Staff will engage with terminal tenants regarding this project during the time of project installation. SOURCE OF EXPENDITURES FAA Grant No: 48 (aka First CARES Act Grant received by the City) but through the CARES funds with Final Grant Anticipated to be No: 54 (CARES Dev). There is no match required of the City, nor of the Airport Department. ALTERNATIVE ACTION Page 327 of 539 N/A for this request by Staff. LEGAL DESCRIPTION N/A for this request by Staff. ATTACHMENTS 1. ALO CCTV Bid Tabulation 3 Mar 2023 2. CCTV Recommendation of Award 030323 Page 328 of 539 TABULATION OF BIDS WATERLOO REGIONAL AIRPORT IMPROVE TERMINAL BUILDING - INSTALL SECURITY SYSTEM (CCTV) FAA AIP PROJECT NO. 3-19-0094-054 (CARES) AECOM PROJECT NO. 60675091 MARCH 3, 2023 Engineer's Estimate K & W Electric, Cedar Falls, IA ITEM NO. DESCRIPTION UNIT ESITIMATED QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST 1 Indoor CCTV Cameras EA 24 $ 800.00 $ 19,200.00 $ 700.00 $ 16,800.00 2 Outdoor 4 lens CCTV Cameras plus hardware EA 4 $ 2,900.00 $ 11,600.00 $ 2,700.00 $ 10,800.00 3 Outdoor Bullet CCTV Cameras plus hardware EA 3 $ 3,000.00 $ 9,000.00 $ 2,550.00 $ 7,650.00 4 Outdoor 1 lens CCTV Camera plus hardware EA 1 $ 1,750.00 $ 1,750.00 $ 1,550.00 $ 1,550.00 5 POE Switches EA 2 $ 1,000.00 $ 2,000.00 $ 225.00 $ 450.00 6 Equipment Rack, UPS and grounding EA 1 $ 8,000.00 $ 8,000.00 $ 12,000.00 $ 12,000.00 7 CCTV Server and Licenses LS 1 $ 60,000.00 $ 60,000.00 $ 48,000.00 $ 48,000.00 8 CAT 6 Cable LF 9000 $ 3.50 $ 31,500.00 $ 3.00 $ 27,000.00 9 Antennas EA 2 $ 1,750.00 $ 3,500.00 $ 1,925.00 $ 3,850.00 10 120 Volt power circuits EA 1 $ 4,000.00 $ 4,000.00 $ 3,500.00 $ 3,500.00 ADD ALTERNATE NO. 1 1 Gate Cameras EA 4 $ 2,900.00 $ 11,600.00 $ 4,725.00 $ 18,900.00 2 120 Volt power circuits EA 4 $ 4,000.00 $ 16,000.00 $ 3,500.00 $ 14,000.00 TOTAL BASE BID $ 150,550.00 $ 131,600.00 TOTAL ADD ALTERNATE BID I $ 27,600.00 I $ 32,900.00 TOTAL BASE BID + ADD ALTERNATE I $ 178,150.00 I $ 164,500.00 BID BOND I 5%I 5% I I Hughes, David Tabulated by: (Des Moines) Digitally signed by Hughes, David (Des Moines) Date: 2023.03.03 08:50:25 -06'00' AECOM Page 329 of 539 /� _COM Imagine it. AECOM /�� Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com March 3, 2023 Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Improve Terminal Building Install Security System (CCTV) Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-054 (CARES) AECOM Project No. 60674611 Dear Mr. Kaspari: We have reviewed the bids received by the City of Waterloo on September 29, 2022, for the above - mentioned project. A copy of the bid tabulation is attached. One (1) bid were received. The bid was received from K&W Electric Inc. with their base bid amount of $131,600.00 and Additive Alternate Bid amount of $32,900.00. The bid including the additive alternative was lower than the Engineer's Estimate of Probable Construction Cost by $13,650.00. We recommend that the project be awarded to K&W Electric Inc. of Cedar Falls, Iowa for a Base Bid and Add Alternate for a total project cost of $164,500.00 contingent upon receipt of FAA Grant. This project has been determined to be eligible for funding utilizing CARES funds with 100% Federal Participation requiring no local match. If you have any questions or require additional information, please feel free to contact our office at your convenience. Yours sincerely, Hughes, David DigviditallyDes signeModinbyes)Hugh es, Da (Des Moines) Date:-06'00' 2023.03.03 09:06:32 David B. Hughes, P.E. Project Manager aecom.com 1/1 Page 330 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department AGENDA ITEM TITLE MEETING DATE March 6, 2023 Sale and conveyance of City property located at 514 Johnson Street, in the amount of $210,000.00, to Dieu Israel Kabangu. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION 514 Johnson Street is the fourth home the City partnered with Hawkeye Community College to build through their Sustainable Construction & Design program. This home will be completed by students in the Spring of 2023 and Amy Wienands listed the home for sale on behalf of the City. The City has received four offers on the home. The lot was transferred to Hawkeye Community College, but will be transferred back to the City of Waterloo so that we can proceed with this sale per the terms of the approved development agreement. Hawkeye Community College demolished the home that was on the property prior to constructing the new dwelling. NEIGHBORHOOD IMPACT The partnership between the City and Hawkeye Community College was developed to eliminate nuisance properties within the community as well as to build the area work force with hands on experiences through classes offered at the college. The City has been active in utilizing a state program through Iowa code 657A to obtain abandoned properties. Hawkeye Community College has stepped in to not only redevelop the underutilized sites but also train new work force through their Sustainable Construction and Design program. The first home of the partnership was sold in 2020 for $139,900. The second home sold for $154,400. The third home sold for $175,000. DATA, ANALYSIS, AND STRATEGIES Sale of City owned property IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES up to $11,000 in closing costs Page 331 of 539 ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 2, Block 13, Leavitt, Johnson and Miller Addition, City of Waterloo, Iowa. ATTACHMENTS 1 514 Johnson St. Accepted Offer 2. 514 Johnson Street Photos 3. 514 Johnson Street Resolution Approving addendum and $164,000 4. Hawkeye Community College - Addendum to Residential Housing Construction Agreement 4.5.2021 5. Hawkeye Commmunity College 28E Agreement-8_21_2017(Recorded) 6. Council Communication on accepting deed. Page 332 of 539 dotloop signature verification: dtlp.us/zKca-kUtj-JIc935W 98-102 Adopted by the Northeast Iowa Regional Board of REALTORS® Revised (03/2022) Adopted by the Black Hawk County Bar Association 2022 1\ REALTOR® PURCHASE AGREEMENT Date: 02/14/2023 Seller: City of Waterloo REAL ESTATE BROKERED R EALTY EQUAL HOUSING OPPORTUNITY Buyer: Dieu Israel Kabangu As joint tenants with full rights of survivorship unless otherwise specified. Buyer offers to buy: 514 Johnson St. Waterloo, IA 50702 Legally described as: LEAVITT JOHNSON AND MILLER ADDITION LOT 2 BLK 13 Parcel#891326457002 SUBJECT TO RESTRICTIVE COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD, IF ANY, AND TO EXISTING EASEMENTS, IF ANY. The property intended to be covered by the terms hereof shall include all buildings, storage sheds, land rights, easements, and access necessary or appurtenant thereto and owned by Seller. Included, if now in or on said premises and owned by the Seller, are all fixtures including but not limited to: window shades, blinds, curtain rods and hardware, lighting fixtures and bulbs, ceiling fans, built-in appliances and accessories, antenna, television mounting brackets, awnings, door chimes, fireplace grates and irons, mailbox, installed sump pumps, garage door openers and controls, bushes, shrubs, and other vegetation. Also included, if not rentals, are satellite dish, water softener and filtration systems, installed alarm devices, propane tanks and all other fixtures, unless not included by Seller in writing. ITEM(S) NOT INCLUDED: 02/15/23 FOR THE SUM OF $. 200,000 (Two hundred thousand dollars) $210,000.00 Two hundred ten thousand dollars & 00/100 otloop verified 02/15/23 3:55 PM CST Earnest money of $2,000 shall be delivered to the Listing Broker within 5 calendar days o iffeefinal acceptance date of this Purchase Agreement and be held in trust by exp Realty and the balance in cash to be paid at closing upon performance of Seller's obligations hereunder. If the Earnest Money is not delivered to the Listing Broker of the trust funds in this transaction within the agreed upon time period, SELLER(S) may void this Purchase Agreement. Any interest on the trust account shall be forwarded to the Iowa Association of REALTORS® Foundation (a charitable no -profit entity), the State of Iowa (if required by law), or as directed and mutually agreed in writing by both Buyer and Seller. Return of Earnest Money. Earnest Money submitted as part of the purchase price of the above -described property shall be returned to the Buyer in case this agreement is not accepted. Except as otherwise provided in this agreement, any other release of Earnest Money shall require informed written consent of all parties to this agreement. Closing to take place on the 04/06/2023 Possession to be given to Buyer at closing or by - at closing ❑ AM ❑ PM on Buyer agrees to take possession subject to rights of non -owner occupants now in possession. ❑ YES El NO. Seller agrees to deliver to Buyer all existing Keys and garage door controls no later than possession. Any rents or HOA fees shall be prorated to date of closing. Buyer(s): do ooP(r�titi�i�)�e,fed Page 1 of 4 Seller(s): ] q 02/15/23 3:M dotl55oopPv btials) Page 333 of 539 dotloop signature verification: dtlp.us/zKca-kUtj-JIc935W 98-102 Adopted by the Northeast Iowa Regional Board of REALTORS® Revised (03/2022) Adopted by the Black Hawk County Bar Association 2022 Property Address: 514 Johnson St. Waterloo, IA 50702 1. CHECK THE APPROPRIATE FINANCE TYPE BOX ❑ A. CASH to be paid at closing. Buyer may have access to property purchased for appraisal; however, this agreement is not contingent upon Buyer obtaining funds. Settlement fee, if any, shall be paid by the Buyer. B. FINANCING This agreement is subject to Buyer obtaining: 90 % of Loan to Value OR $ ❑ CONVENTIONAL 0 INSURED CONVENTIONAL 0 FHA ❑ VA El USDA 0 OTHER ® FRM ❑ ARM mortgage loan on said property at an initial interest rate to not exceed 6.9 % per annum amortized over a period of 30 years. All costs incurred in securing such mortgage shall be paid by the Buyer unless otherwise noted herein. Buyer's financing is also conditional upon the property appraising at the purchase price or greater on or before the mortgage commitment date stated herein. Buyer agrees upon acceptance of this agreement to immediately make application for such mortgage loan with a lender and to make a good faith effort to obtain a mortgage commitment and proceed toward closing as above provided. Buyer shall obtain such mortgage commitment on or before 03/16/2023 . Within this same period the Buyer shall notify Seller in writing that the Buyer has secured said mortgage commitment and that this contingency is removed. If Buyer, after a good faith effort has not obtained a written mortgage commitment and given such written contingency removal notice within this same time period, this agreement shall be null and void and the earnest money shall be returned to Buyer. ❑ C. INSTALLMENTS. Check if applicable. See attached ADDENDUM to this Purchase Agreement. ❑ D. ASSUMPTION/ASSIGNMENT. Check if applicable. See attached ADDENDUM to this Purchase Agreement. 2. TAXES AND ASSESSMENTS. Seller shall pay_ prorated to the day of closing _ of the installment of general property taxes on said property which become delinquent if not paid on or before and all prior installments. Buyer shall pay all subsequent installments. If any installment of general property taxes is to be prorated and if such taxes cannot be determined by the date of the settlement thereof, such prorating shall be based on the amount of the last determinable installment, proportionately adjusted by any change in the assessed valuation attributable to capital improvements and which are determinable on the date of settlement. If closing takes place other than the date on the Purchase Agreement, taxes shall be prorated to the revised date of closing. Buyer shall pay the cost of all street oiling which is not a lien on the date hereof. Seller shall pay all sewage disposal assessments due and all special assessments which are liens against said premises on the date thereof, except those for improvements which have not been completed and accepted by the City Council on the date thereof, which Buyer will pay. 3. CONDITION OF PROPERTY. The property as of the date of this agreement including buildings, grounds, and all improvements will be preserved by Seller in its present condition until possession or closing, whichever occurs first. Seller further represents plumbing, heating, cooling, electrical systems, and appliances included in this Purchase Agreement to be in working order at the time of possession or closing, whichever occurs first, unless otherwise stated on attached Seller Disclosure of Property Condition, written amendments or addendums to this Purchase Agreement or unless otherwise stated in paragraph 5. Buyer shall be permitted to make a "walk through" inspection of the property prior to possession or closing, whichever occurs first to verify the same. Seller agrees to remove all debris, discards, and personal property, not included herein, from the premises prior to possession. 4. INSPECTION OF PROPERTY. The Buyer is responsible for making their own inspection of any property for which they make an offer. (It is understood that these provisions are independent of any lender requirements for financing approval.) Within **See paragraph 5 calendar days after the final acceptance date of this agreement. Buyer may, at Buyer's sole expense, have the property inspected by a person(s) of Buyer's choice to identify any structural, mechanical, plumbing, electrical, pest infestation, environmental concerns or other deficiency(s). Within this same period, Buyer may notify Seller in writing of any such deficiency the Buyer wants remedied. Failure to do so shall be deemed a waiver of the Buyer's inspection. In the event of any inspection request from the Buyer, Seller shall within three (3) business days after said notification (date of notification does not count) notify the Buyer in writing which steps, if any, Seller will take to remedy any deficiency before closing. Failure to do so shall be considered a rejection of all deficiency(s) requested by Buyer. The Buyer shall within three (3) calendar days (date of notification does not count) notify the Seller in writing that: (1) such steps are acceptable, in which case this agreement so modified, shall be binding upon all parties; or (2) that such steps are not acceptable; or (3) Buyer and Seller may continue to negotiate said deficiency(s) until either party enters a final response. Failure by Buyer to give the notification within the three (3) calendar days shall render this agreement null and void, and earnest money, if any, shall be returned to Buyer. Buyer(s):02/10123 K (Initials) Page 2 of 4 Seller(s): ] V 02/15/23 3:55 PM 6�ij als) dotloop v hhll��ti Page 334 of 539 dotloop signature verification: dtlp.us/zKca-kUtj-JIc93SW 98-102 Adopted by the Northeast Iowa Regional Board of REALTORS® Revised (03/2022) Adopted by the Black Hawk County Bar Association 2022 Property Address: 514 Johnson St. Waterloo, IA 50702 5. OTHER TERMS/CONDITIONS THIS PURCHASE AGREEMENT IS SUBJECT TO: 02/15/23 A) Seller to sod/seed both front and backyard as well as sides. Hydroseed to be completed no later than 6/15/2023 (weather dependent). 4:5/ YM l] I dotloo .veri ed 02/15/23 B) Seller/builder to perform walkthrough with buyer two weeks prior to closing to develop punch list of unfga&iiid items to be performed prior to closing. C) Scc Escalation Clausc 02/15/23 02/15/23 3:55 PM CST 4:57 PM CST dotloop verified dotloop verified 6. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the property prior to closing or possession, whichever occurs first. Seller agrees to maintain existing insurance and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this agreement null and void. The property shall be deemed substantially damaged or destroyed if it cannot be repaired to its present condition on or before the closing date. 7. TITLE PAPERS AND ABSTRACT. At the time of the final payment hereunder, the Seller shall convey the premises to the Buyer by Warranty Deed and shall furnish the Buyer an abstract of title that, in the case of platted property, begins with the recording of the property's plat of subdivision, or with root of title, and that shows marketable record title to the premises vested in the Seller as of the date of this agreement between the parties hereto. Within a reasonable time after the execution of this agreement, such abstract, certified to a date subsequent to the date hereof, shall be submitted to the Buyer for examination. Buyer or Buyer's attorney shall either approve the title or point out specific objections. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting excepting any made necessary by Seller's own affairs. 8. COURT APPROVAL. If the property is an asset of any estate, trust, conservatorship, or receivership, this agreement shall be subject to Court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall promptly proceed to a hearing for Court approval. In that event a Court Officer's Deed shall be used to convey title. 9. SURVEY. Buyer may, at Buyer's sole expense, prior to closing, have the property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the property or if any improvements located on the property encroaches on lands of others, the encroachment shall be treated as a title defect. If the survey is required under Iowa Code Chapter 354, Seller shall pay the cost thereof. (Chapter 354 applies only to land which has been divided using a mete and bounds description.) 10. REMEDIES OF THE PARTIES. If Buyer of Seller fails to timely fulfill the terms of this agreement, then the other party shall be entitled to utilize any and all remedies or actions at law or in equity which may be available to them (including but not limited to: forfeiture, foreclosure, termination, rescission, or specific performance) and the prevailing party shall further be entitled to obtain judgment for costs and attorney fees. 11. FOREIGN PERSONS STATUS. (FIRPTA — Foreign Investment in Real Property Tax Act) Seller is not a foreign person as defined in International Revenue Code Section 1445 and any related regulations. At closing, Buyer will have no duty to collect withhold taxes for Seller pursuant to the Foreign Investors Real Property Tax Act of 1980, as amended. 12. THIS IS A LEGALLY BINDING CONTRACT. This document contains the entire agreement of the parties and supersedes all prior agreements or representations with respect to the property which are not expressly set forth herein. Any modification of this agreement must be in writing and signed and dated by all parties. TIME IS OF THE ESSENCE in the performance of each part of this agreement. If not understood, consult your attorney. Buyer(s): nn fli1tials) Page 3 of 4 Seller(s): 3:55 PM Ki dotloop v: Page 335 of 539 dotloop signature verification: dtlp.us/zKca-kUtj-JIc93SW 98-102 Adopted by the Northeast Iowa Regional Board of REALTORS® Revised (03/2022) Adopted by the Black Hawk County Bar Association 2022 Property Address: 514 Johnson St. Waterloo, IA 50702 13. ELECTRONIC SIGNATURES. In accordance with Iowa Code Ch. 554.D, all parties agree that this transaction can be conducted by electronic means. Signed and faxed/scanned electronic documents (i.e. pdf) or certified electronic signatures will be binding on all parties. Text messaging and traditional e-mails will not be binding as signatures. 14. NOTICE AND COUNTERPARTS. Any notice required under this agreement shall be deemed given when it is received in writing either by hand delivery, fax, return receipt requested mail, or electronic mail. Persons designated for receipt of any notice for the purpose of this agreement shall be the Seller and Buyer or their respective agents. A signed copy of this agreement, counteroffers, and all addendums or amendments to this agreement shall, taken together, constitute a single binding agreement. 15. ADDENDUMS ATTACHED TO THIS OFFER INCLUDE: SPECIFIC PROPERTY AGENCY DISCLOSURE AGREEMENT YES 0 SELLER DISCLOSURE OF PROPERTY CONDITION YES ❑ NO 0 NOT APPLICABLE 0 EXEMPT LEAD BASED PAINT DISCLOSURE YES ❑ NO❑ NOT APPLICABLE ❑ SEPTIC SYSTEM ADDENDUM YES I NO❑ NOT APPLICABLE El 16. ACCEPTANCE DATE. When accepted by the Seller, this agreement shall become a binding agreement for the sale of the above - described property. If this agreement is not accepted by the Seller on or before 02/16/2023 it shall become null and void and the earnest money shall be returned to the Buyer without liability on the part of either party. 17. SELLER HEREBY ❑ ACCEPTS In COUNTERS ❑ REJECTS the above agreement on 02/15/2023 If Seller has made a counteroffer by changing and initiating any terms, the counteroffer shall become null and void unless accepted and initialed by Buyer on or before 02/15/2023 If Buyer has made a counteroffer by changing and initialing any terms, the counteroffer shall become null and void unless accepted and initialed by Seller on or before dotloop verified 02/14/23 11:46 AM CST ZXBV-KXZK-LEAA-UDOM BUYER BUYER ADDRESS Chris Carter SELLING LICENSEE Amy Wienands Real Estate, EXP Realty SELLING BROKERAGE COMPANY dotloop verified 02/15/23 3:55 PM CST GVKF-ORLF-VZHN-P543 SELLER SELLER ADDRESS Amy Wienands LISTING LICENSEE Amy Wienands Real Estate, EXP Realty LISTING BROKERAGE COMPANY FINAL ACCEPTANCE DATE 02/15/2023 This form has been made available by the Northeast Iowa Regional Board of REALTORS® for the convenience of its Brokers and their clients and customers and has been copyrighted by Northeast Iowa Regional Board of REALTORS® which makes no warranty of the legal effectiveness of this form and disclaims any liability for damages resulting from its use. By use of this form the parties agree to this limitation and release the Northeast Iowa Regional Board of REALTORS® and all Brokers, agents, and subagents from any liability arising out of its use. This form shall not be reproduced, in whole or in part, without the prior written consent of the Northeast Iowa Regional Board of REALTORS®. Page 4 of 4 Page 336 of 539 Page 337 of 539 page 338 °f 539 Page 339 of 539 Page 340 of 539 Page 341 of 539 Page 342 of 539 Page 343 of 539 rage 344 of 539 Page 345 of 539 Page 346 of 539 Page 347 of 539 Page 348 of 539 Page 349 of 539 Page 350 of 539 Page 351 of 539 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2021-218 RESOLUTION APPROVING PROJECT DESIGNS FOR A NEW HOME LOCATED AT 514 JOHNSON STREET, TO BE CONSTRUCTED BY HAWKEYE COMMUNITY COLLEGE, WITH A BUDGET NOT TO EXCEED $164,500, IN ACCORDANCE WITH THE PROJECT ADDENDUM TO AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION WITH HAWKEYE COMMUNITY COLLEGE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the project design of a home to be constructed by Hawkeye Community College at 514 Johnson Street, with a budget not to exceed $164,500, in accordance with the Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, is hereby approved. PASSED AND ADOPTED this 5th day of April 2021. Quentin Hart, Mayor ATTEST: Ke/t'e� �e/ch�e Kelley Felchle City Clerk Page 352 of 539 PROJECT ADDENDUM TO AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION This instrument is an addendum (the "Addendum") to that certain Chapter 28E Agreement - Agreement for Residential Housing Construction (the "Agreement") dated August 21, 2017, by and between City of Waterloo, Iowa ("City") and Hawkeye Community College ("College"), previously recorded as Doc. No. 2018-00004311. This Addendum shall be effective when executed by both parties. WHEREAS, the parties have identified a Project site located at 514 Johnson Street, as described on Exhibit "A" attached hereto (the "Property"), and desire to set forth the terms by which they will undertake the Project; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. Within thirty (30) days after execution of this Addendum by both parties, City will convey the Property to College by general warranty deed. 2. Acting with appropriate diligence hereafter, the parties will agree on Project designs, plans and specifications (the "Plans") and a not -to -exceed budget for the Project. 3. This Addendum is subject to all terms, covenants, conditions, and restrictions set forth in the Agreement; provided, however, that to the extent of any conflict between this Addendum and the Agreement, the terms of this Addendum shall prevail. Except as modified herein, the Agreement shall continue in full force and effect. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. The Agreement and this Addendum shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Project Addendum to Chapter 28E Agreement - Agreement for Residential Housing Construction by their duly authorized representatives. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO, IOWA Qv¢,i4;4 Hc,r^1' By: Quentin M. Hart, Mayor By: Kelle, �elchle Board Secretary ' Kelley Felchle, City Clerk Dated: 3-- ID- o?cZ 1 Dated: 4/5/2021 Page 353 of 539 EXHIBIT "A" Property Description Parcel no. 8913-26-457-002, legally described as: Lot 2, Block 13, Leavitt, Johnson and Miller Addition, City of Waterloo, Iowa. Page 354 of 539 5 1111111111111111111444111111{III 111 lu111111111111 lull 111111111111311111111 Doc ID: 008224020009 Type GEN Recorded: 09/07/2017 at 03:32:47 PM Fee Amt: $47.00 Page 1 of 9 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2018-00004311 *c t l weat ili't? CHAPTER 28E AGREEMENT - AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION THIS AGREEMENT made and entered into the oQ 1 s% day of A,g1,66 , 2017, by and between the Hawkeye Community College (hereinafter referred to as `{olIege") and the City of Waterloo, Iowa (hereinafter referred to as "City"): WHEREAS, College is a community college organized and existing under the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS, City is a municipal corporation organized and existing under the laws of the State of Iowa and is a public agency as defined by Iowa Code Chapter 28E; and WHEREAS, College provides vocational and technical education and training to students, including education and training to students in the building trades, and has authority to sell student constructed buildings and the property on which such student constructed buildings are located pursuant to Iowa Code § 260C.14(6); and WHEREAS, City has a shortage of adequate housing, attributable in part to the relative shortage of the number of individuals who are skilled in the building trades; and WHEREAS, City currently owns and intends in the future to acquire parcels of property which are suitable for the construction of student constructed housing; and WHEREAS, City desires to transfer lots to the College for the College to construct student constructed houses on, and to purchase the lots back from the College upon completion of such construction at the cost of materials to the College; and WHEREAS, College desires to accept individual lots from the City, construct student constructed houses thereon, and transfer the lots back to the City upon completion of construction in exchange for the cost of materials actually incurred by the College; and WHEREAS, public agencies may enter into an agreement for joint and cooperative action pursuant to Iowa Code Chapter 28E; and WHEREAS, College and City believe that an agreement pursuant to Chapter 28E of the Iowa Code should be entered into with regard to the construction of student constructed homes in the City, which agreement will be to their mutual advantage. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between College and City as follows: 1 eri) C?, Page 355 of 539 1. Purpose. The Purpose of this Agreement is to facilitate the joint exercise of the parties' respective powers to fund and construct College student constructed houses on property currently owned by City, subject to the terms and conditions set forth herein. 2. Administration. No separate legal or administrative entity shall be created for the governance or administration of the terms or subject matter of this Agreement. This Agreement will be administered by the Vice President of Administration and Finance or his/her designee on behalf of College, and the Community PIanning and Development Director or his/her designee on behalf of City. 3. Project. College shall construct student constructed houses on property owned by the City on an ongoing basis as contemplated by the terms of this Agreement (the "Project"). 4. Property. Each Property to be used for the Project shall be identified and mutually agreed upon by the Community Planning and Development Director for the City and the Vice President of Administration and Finance of the College. 5. Duration. This Agreement shall remain in effect unless and until terminated in accordance with Section 13, commencing with the date of filing of this Agreement with the Iowa Secretary of State, in accordance with Iowa Code Section 28E.8. 6. Transfer of Property to College. At such time as the Community Planning and Development Director for the City and, the Vice President of Administration and Finance of College mutually agree on a lot of property to be used for the Project (each lot agreed upon between the parties is herein referred to individually as the, "Property"), City shall convey the Property to College on the following terms and conditions: A. Purchase Price. City acknowledges the services provided by College related to the Project are sufficient consideration to support City's obligation to transfer the Property to College. No additional monetary consideration will be required of the College. B. Possession and CIosing. The closing date shall occur on a date mutually agreeable to the parties ("First Closing Date"). Possession of the Property ("Possession") shall be delivered to College at the First Closing Date. Each transaction shall be considered closed upon the filing of all title transfer documents ("First Closing"). C. Taxes and Special Assessments. City shall pay all property taxes and/or special assessments, if any, pertaining to the Property at all times during the pendency of this Agreement, notwithstanding which party holds legal title to the Property. College represents that the real property owned by it under this Agreement will be exempt from taxation for property tax purposes until it is occupied or sold. D. Included Property. Included with the Property shall be all improvements and fixtures that integrally belong to, are specifically adapted to, or are a part of the 2 Page 356 of 539 Property, whether attached or detached. City covenants that each Property shall be a bare lot, free from any structures. E. Platting; Survey. If a survey is required under Iowa Code Chapter 354, city or county ordinances, or is necessary to permit College to carry out its obligations under this Agreement, City shall pay the cost thereof. F. Environmental. City represents and warrants to College that, to the City's knowledge formed without specific inquiry: (i) the Property has not been used for the purpose of generating, receiving, handling, using, storing, treating, transporting or disposing of (A) any hazardous material as defined in any applicable federal, state, county or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses and permits of any governmental authorities relating to environmental matters (being hereinafter collectively referred to as the "Environmental Laws"), (B) other toxic, dangerous or hazardous chemicals, materials, substances, pollutants and wastes, or any chemical, material or substance, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or (C) petroleum products (except petroleum products received, handled, used, stored, treated, transported or disposed of in accordance with Environmental Laws), (ii) there are no existing or pending remedial actions or other work, repairs, construction or capital expenditures with respect to the Property in connection with the Environmental Laws, nor has City received any notice of the same and (iii) no Hazardous Materials have been or will be released into the environment, or have been or will be deposited, spilled, discharged, placed or disposed of at, on or adjacent to the Property, nor has the Property been used at any time by any person as a landfill or a disposal site for Hazardous Materials or for garbage, waste or refuse of any kind (all the foregoing being hereinafter collectively referred to as "Hazardous Materials"). City shall also provide College with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous waste, underground storage tanks, burial sites, or private sewage disposal systems on the Property. This representation and warranty shall survive the First Closing, Second Closing, and the termination of this Agreement. G. Deed. At First Closing, City shall convey merchantable title to the Property to College, by a duly executed and acknowledged general warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications except as expressly accepted by College in writing. Said deed shall be in a form acceptable to College. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. H. Warranties. In addition to any other warranties stated herein or in the general warranty deed to be executed and delivered by City to College, City represents and warrants to College the following: 3 Page 357 of 539 City is the owner in fee simple of the Property free and clear from all liens and encumbrances, and City's entering this Agreement will not conflict with any other contract, agreement, or obligation to which City is a party. ii. There will be no leases or other occupancy agreements relating to the Property in effect as of the date of First Closing. iii. City has entered into no other agreements to sell the Property. iv. City is not a party to any litigation, nor does City know of any litigation or threatened litigation, affecting the Property, or City's ownership thereof, and City shall give College prompt notice of any claim, threatened litigation, or instigation of any litigation prior to First Closing. v. City has not received and has no knowledge of any notice or request from any governmental authority having jurisdiction regarding any violation of any federal, state, or local law or requesting the performance of any work or alteration with respect to the Property. vi. City is not in default under the terms of any lease, contract, agreement, order, or judgement affecting the Property or the operation thereof. vii. There are no contracts or agreements, written or oral, which would bind College, affecting the ownership or operation of the Property. viii. There are no structures on the Property. ix. No labor has been performed, or materials supplied, for the Property which the City has not fully paid. x. There are no condemnation proceedings pending, or to the best of City's knowledge, contemplated against the Property, or any part thereof, and the City has received no notice, oral or written, of the intent or desire of any public authority or public utility to take or use the Property or any part thereof. xi. City has no knowledge or information of any facts, circumstances, or conditions which do or would in any way adversely affect the Property. xii. The representations and warranties of City contained in this Section 6 shall survive First Closing, Second Closing, and the termination of this Agreement. 4 Page 358 of 539 7. Construction of Project. Following transfer of the Property to College, College shall construct the Project on the Property on the following terms and conditions: A. Budget and Design. Prior to commencement of construction of the Project, the City and College shall meet and mutually agree upon the design plans and specifications for the Project, which may include sodding or seeding and a not -to -exceed budget amount for the Project. Once agreed upon, neither the design nor budget may be amended, without the written consent and agreement of both the City and College. B. Scope of Work. College will furnish all tools, equipment, components, machinery, supplies, superintendence, insurance, transportation and other construction accessories, services, facilities, and labor necessary to construct the Project in accordance with the plans and specifications agreed upon by the Community Planning and Development Director for the City and the College Vice President of Administration and Finance and in compliance with all City, state, and federal building codes and with all applicable City ordinances and other applicable law. In the event the College should anticipate a material increase in the cost of materials to complete the Project above what was budgeting prior to the commencement of work, the College shall obtain City's written approval of such cost overruns prior to incurring the same. C. Time for Completion. The Project will be completed within three (3) years after the First Closing, but College shall be entitled to a 6-month extension upon written notice to City if College reasonably believes that completion can be attained during the extended period. Any further extension shall require City's written consent, which consent shall not be unreasonably conditioned or withheld. Completion shall be evidenced by production of executed final lien waivers from all contractors and suppliers and a certificate of occupancy issued by the City of Waterloo Building Inspections Department. The Property shall be turned over to City in standard, "broom clean" condition, and all remaining construction materials and debris shall be removed from the Property. D. Risk of Loss and Insurance. City shall bear the risk of loss or damage to the Property prior to First Closing. College shall bear the risk of loss or damage to the Property following First Closing and prior to Second Closing. City shall bear the risk of loss or damage to the Property following Second Closing. College shall procure builder's risk insurance at its own expense to cover loss or damage to the Property occurring after the First Closing but prior to Second Closing. The City shall be named as an additional insured on the builder's risk policy. E. Worker's Compensation Insurance. College shall purchase and maintain worker's compensation insurance for not less than the limits required by law and shall name the City as an additional insured. 5 Page 359 of 539 F. General Liability Insurance. College shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of College, its officers, employees, contractors and agents, under this Agreement. S. Transfer of Property Back to City. Upon completion of the Project pursuant to Section 7 of this Agreement, College shall convey the Property back to the City on the following terms and conditions: A. Purchase Price. City shall pay College the actual cost of materials supplied and/or used by College in the construction of the Project, subject to documentation of such costs that is reasonably satisfactory to City, or such other amount mutually agreed upon by the parties (the "Purchase Price"). City will not pay College for the value of any materials that College obtains by donation or otherwise without cost. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("Second Closing Date"). Possession of the Property shall be delivered to City at the Second Closing Date. Each transaction shall be considered closed upon the payment in full by City of the Purchase Price and the filing of all title transfer documents ("Second Closing"). C. Included Property. Included with the Property shall be all buildings, structures, improvements, and fixtures that integrally belong to, are specifically adapted to, or are a part of the Property, whether attached or detached. D. Deed. At Second CIosing, College shall convey the Property to City, by a duly executed and acknowledged special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. E. Condition of the Property. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLEGE IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO MERCHANTABILITY, ZONING, TAX CONSEQUENCES, VALUATION, GOVERNMENTAL APPROVALS, OR THE COMPLIANCE OF THE PROPERTY WITH LAWS. CITY REPRESENTS TO COLLEGE THAT CITY HAS CONDUCTED, OR WILL CONDUCT PRIOR TO SECOND CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL 6 Page 360 of 539 CONDITION THEREOF, AS CITY DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY. 9. Financing of the Project. College and City shall each be directly responsible for the costs assigned to each by the terms of this Agreement. 10. Indemnification. To the extent allowed by law, City shall defend, indemnify, and hold harmless College from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of: (i) a material breach of this Agreement by City, (ii) the material failure of any representation or warranty of City made in this Agreement to be true, (iii) any material act or omission of City related to its obligations under this Agreement. To the extent allowed by law, College shall defend, indemnify, and hold harmless City from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of: (i) a material breach of this Agreement by College, (ii) the material failure of any representation or warranty of College made in this Agreement to be true, (iii) any material act or omission of College related to its obligations under this Agreement, or (iv) any physical injury occurring during, and related to, the work performed by College under Section 7 of this Agreement. 11. Assignment. Neither party may assign its rights, obligations, or interests under this Agreement without prior written consent of the other. 12. No Joint Obligation. The obligations of College and City under this Agreement are several obligations, and are not joint obligations. 13. Termination of Agreement. This Agreement may be terminated in any one of the following ways: A. Jointly, by a written agreement executed by College and City; B. By either party, without cause, upon ninety (90) days' prior written notice. C. By either party for breach of any of the terms of this Agreement by the other party. Termination shall be accomplished by giving written notice to the breaching party specifying the breach and stating that the Agreement will be terminated if the breach is not cured within thirty (30) days. Failure to cure the breach within thirty (30) days of receipt of this notice shall result in automatic termination of this Agreement. D. Notwithstanding any termination, other than for breach under Section C, both parties shall remain responsible for fulfilling their respective obligations to complete and pay for any construction in progress at the time of termination. The parties shall mutually determine what constitutes "completion" and "payment" for purposes of this provision. 14. Transfer Upon Termination. If this Agreement is terminated pursuant to Section 13, College shall, within sixty (60) days of either completion of construction, or if construction hasn't 7 Page 361 of 539 started, within sixty (60) days of termination, transfer back to the City by special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing, any Property it acquired from the City pursuant to this Agreement. 15. Notice. All notices, requests, claims, demands and other communications between the parties shall be in writing, and shall be given by delivery in person or by first class, registered or certified mail, postage prepaid. All notices shall be effective upon receipt, if notice is given by delivery in person, or on the fifth day following mailing to the other party at its respective address listed below: To College: Vice President of Administration and Finance 1501 East Orange Road P.O. Box 8015 Waterloo, Iowa 50704 To City: Community Planning & Development Director 715 MuIbeny Street Waterloo, Iowa 50703 16. Binding Effect. The terms and conditions of this Agreement shall extend to and be binding upon the successors in interest of the respective parties thereto. 17. Entire Agreement - Amendment. This Agreement contains the entire understanding between the parties and cannot be changed or terminated orally but only by an agreement in writing signed by both parties. 18. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 19. Governing Law. This Agreement shall be governed by the laws of the State of Iowa. Any dispute or claim arising out of this Agreement shall be heard in a court of competent jurisdiction in Black Hawk County, Iowa. 20. Counterparts. This agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. [Signature Page to Follow] 8 Page 362 of 539 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their respective officers, pursuant to full authority granted and given as of the day and year first above written. 0138799]-1110567-257 CITY OF WATERLOO By: By: 9 Mayor City Cl Page 363 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution accepting a deed from Hawkeye Community College for a home located at 514 Johnson Street, in the amount of $164,500.00, per the Project Addendum Agreement previously approved on April 5, 2021, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This item is for the acceptance of the home construction by Hawkeye Community College located at 514 Johnson Street in accordance with the project addendum agreement that was approved by council in April of 2021. NEIGHBORHOOD IMPACT This project will have a positive impact on the neighborhood. The partnership between Hawkeye Community College removed a vacant, dilapidated home from the area and replaced it with a new single family home. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES $164,500 from Nuisance abatement bonds ALTERNATIVE ACTION Not Approve Page 364 of 539 LEGAL DESCRIPTION Lot 2, Block 13, Leavitt, Johnson and Miller Addition, City of Waterloo, Iowa. ATTACHMENTS 1. Hawkeye Commmunity College 28E Agreement-8_21_2017(Recorded) 2. Hawkeye Community College - Addendum to Residential Housing Construction Agreement 4.5.2021 3. 514 Johnson Street Resolution Approving addendum and $164,000 4. 514 Johnson Street Photos Page 365 of 539 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Kelley Felchle, City Clerk March 6, 2023 City Clerk Department AGENDA ITEM TITLE Resolution approving the Convention and Visitors Bureau Board recommendations for funding two hotel -motel mini -grant applications for the Iowa Senior Softball Open, and the Blue Suede Memories XL Trade Show, in the amount of $5,400.00. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The Experience Waterloo Board of Directors is recommending the grant awards for 2 mini -grants happening in Q3 & Q4 of FY23. These grant recommendations total $5,400. See attachment for summary of events with Economic Impact totals attached. Projected economic impact: $1,015,870.00 ROI (Economic impact based on requested funds): An $5,400.00 total award for these 2 events would return $188.12 per dollar invested. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Hotel -motel tax grant funding for FY23 Q3 & Q4 ALTERNATIVE ACTION LEGAL DESCRIPTION Page 366 of 539 ATTACHMENTS 1. Council Communication - Mini Grants FY23 Q3 & Q4 Page 367 of 539 Council Communication City Council Meeting: TBD Prepared: February 21st, 2022 Dept. Head Signature: Tavis Hall, Experience Waterloo Number of Attachments: 2 SUBJECT: FY23 Q3 & Q4 Hotel/Motel Event Grant Requests Submitted by: Emily Nyren, Experience Waterloo Recommended City Council Action: Approve Experience Waterloo (CVB) board recommendation of $5,400. Event Summary: The Experience Waterloo Board of Directors is recommending the grant awards for 2 mini grants happening in Q3 & Q4 of FY23. These grant recommendations total $5,400. See attachment for summary of events with Economic Impact totals attached. Projected economic impact: $1,015,870 Request: $5,400 ROI (Economic impact based on requested funds): An $5,4000 total award for these 2 events would return $188.12 per dollar invested. Source of Funds: Hotel -motel tax grant funding for FY23 Policy Issue: None Alternative: Do not provide funding or provide alternate funding amount. Background Information: The Experience Waterloo Board reviewed all applications and scored based on the project's ability to meet the goals of the grant program: 1. Does the project have a significant economic impact / significantly enhance the visitor's experience in Waterloo? 2. Does the project strengthen the perceptions of Waterloo? 3. How important are grant dollars toward ensuring the success of the project? 4. Is the application clear, complete and thought-out? 5. Is the project new, or are there significant changes from previous years? Page 368 of 539 Event Impact Summary Destination: Experience Waterloo Event Parameters Key Results Event Name: Iowa Senior Softball Open Business Sales (Direct): $566,302 Organization: SSUSA Business Sales (Total): $880,391 Event Type: Trade Show Jobs Supported (Direct): 190 Start Date: 5/18/2023 Jobs Supported (Total): 231 End Date: 5/21/2023 Local Taxes (Total): $11,325 Overnight Attendees: 900 Net Direct Tax ROI: $10,304 Day Attendees: 3000 Estimated Room Demand: 971 Direct Business Sales Sales by Source Sales by Sector $300.000 - $250.000 ntal 200.000 - $150.000 Recreation $50.000 Lodging :e:laCT'iclrealRise.S1:::0.:::0:' $0 fitt=i•ieea 3siz3. Exioto a 5v 51E .0 52v , Industry Attendees Organizer Exhibitor Total Lodging $97,121 $13,167 $0 $110,288 Transportation $37,281 $4,389 $16,982 $58,652 Food & Beverage $90,261 $49,779 $35,719 $175,758 Retail $40,356 $0 $0 $40,356 Recreation $19,118 $0 $0 $19,118 Space Rental $0 $33,639 $9,849 $43,488 Business Services $0 $72,903 $45,738 $118,641 TOTAL $284,137 $173,877 $108,288 $566,302 Page 369 of 539 Event Impact Summary Destination: Experience Waterloo Event Parameters Key Results Event Name: Blue Suede Memories XL Business Sales (Direct): $87,236 Organization: Stardust Productions Business Sales (Total): $135,479 Event Type: Trade Show Jobs Supported (Direct): 59 Start Date: 5/19/2023 Jobs Supported (Total): 72 End Date: 5/20/2023 Local Taxes (Total): $2,371 Overnight Attendees: 340 Net Direct Tax ROI: $2,214 Day Attendees: 300 Estimated Room Demand: 203 Direct Business Sales Sales by Source Sales by Sector $50.000 - $ 40.000 - $30.000 - Trans. Space Rental Retail -M Recreation $20. 000 - 1 $10.000- - I Business Services $0 ::21jaaa V•3size Exioto•a 3D 35,333 S13,333 S15,333 S23,333 S25,333 333.D Industry Attendees Organizer Exhibitor Total Lodging Transportation Food & Beverage Retail Recreation Space Rental Business Services TOTAL $23,341 $4,980 $12,975 $4,629 $2,803 $0 $0 $48,728 $1,080 $360 $7,391 $0 $0 $4,995 $8,601 $22,428 $0 $2,522 $5,304 $0 $0 $1,462 $6,791 $16,079 $24,421 $7,862 $25,670 $4,629 $2,803 $6,457 $15,393 $87,236 Page 370 of 539 Page 371 of 539 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-4 Signing and Recording of Plats, relating to the recording of Southland Park Sixth Addition Final Plat exceeding the nine (9) months requirement from the date of City Council approval, located southeast of 2950 Southland Drive. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-4 Signing and Recording of Plats, relating to the recording of Southland Park Sixth Addition Final Plat exceeding the nine (9) months requirement from the date of City Council approval, located southeast of 2950 Southland Drive. NEIGHBORHOOD IMPACT The proposed Final Plat would not appear to have a negative impact upon on the surrounding traffic conditions in the area. The proposed development would be served by Southland Drive and Charm Drive, which are classified as local streets, and Highway 63, which is classified as a principal arterial. There is a sidewalk on the south side Southland Drive and the north side of Charm Drive. As part of the approval of the plat, a sidewalk would be required along the south side of Charm Drive. The request for a Final Plat would appear to have a positive impact upon the surrounding area. The proposed residential uses would blend well with the surrounding neighborhood which consists of commercial, condos, and single family homes. The average lot size within a 250 feet buffer of the project area for residential lots is 17,968 square feet. The average lot size for the 6 proposed residential lots is 12,100 square feet. DATA, ANALYSIS, AND STRATEGIES The subdivision ordinance requires that a final plat be recorded within nine months of City Council approval. The final plat was approved on October 18, 2021 by resolution No. 2021-693. There have been no changes since the final plat was approved, so staff does not believe that issuance of the variance would be detrimental to public safety, health, welfare or in any way injurious to adjacent property. Page 372 of 539 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. City Council Packet Page 373 of 539 March 6, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: Resolution approving a variance to the requirements of the Subdivision Ordinance in section 11-3-4 Signing and Recording of Plats, relating to the recording of Southland Park Sixth Addition Final Plat exceeding the 9 months requirement from the date of City Council approval, located southeast of 2950 Southland Drive. L and BB, LLC, 1420 W Airline Highway, Waterloo, IA 50703 The applicant is requesting to subdivide for the development of 6 single family homes, just south of Charm Drive, and southeast of 2950 Southland Drive. The request for a Final Plat would appear to have a positive impact upon the surrounding area. The proposed residential uses would blend well with the surrounding neighborhood which consists of commercial, condos, and single family homes. The average lot size within a 250 feet buffer of the project area for residential lots is Southland Park Sixth Addition Plat - Final Page 1 of 6 Page 374 of 539 March 6, 2023 VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: 17,968 square feet. The average lot size for the 6 proposed residential lots is 12,100 square feet. The proposed Final Plat would not appear to have a negative impact upon on the surrounding traffic conditions in the area. The proposed development would be served by Southland Drive and Charm Drive, which are classified as local streets, and Highway 63, which is classified as a principal arterial. There is a sidewalk on the south side Southland Drive and the north side of Charm Drive. As part of the approval of the plat, a sidewalk would be required along the south side of Charm Drive. The Sergeant Road Recreational Trail runs along the northwest side of Highway 63. No trails will be impacted by this development. The area in question was rezoned from "A-1" Agricultural District to "R-3,R-P" Planned Residence District on November 24, 1975. The property in question is comprised of two lots that were originally designated for commercial use, and later designated as residential for duplexes. A site plan amendment was approved by the City Council on March 1, 2021 to allow for the construction of six single family homes on the two lots. Surrounding land uses and their zoning designations are as follows: North — Single Family Homes, zoned "R-3,R-P, Planned Residence District. South — Multi -Family Homes, zoned "R-3,R-P, Planned Residence District. East — Single Family Homes, zoned "R-3,R-P, Planned Residence District. West — Vacant lot, professional office, and commercial, zoned "C- P" Planned Commercial District. The surrounding area consists predominately of low to moderate density residential and commercial uses in the adjacent, near -by areas, with development occurring from the 1980s — 2010s. No buffers would be required as a part of this plat request, but there is a 25' screen planting easement shown along the Tract "A" area. The final plat request would not appear to have an impact on drainage in the area. The final plat denotes a 31,752 SF storm water detention area, a 50' drainage easement on the southwestern portion of the property, and a 50' drainage easement on the southeastern portion of the property. Southland Park Sixth Addition Plat - Final Page 2 of 6 Page 375 of 539 March 6, 2023 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: Picture 1: Looking at the drainage way - south/east side of the plat area. 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 0169F, dated July 18, 2011. It should however be noted that the project area is located in a special flood hazard area according to FEMA's preliminary floodplain map that has yet to be adopted by the City of Waterloo, and is not yet effective. The applicant however, plans to apply for a LOMA to remove all six proposed lots out of the 100-year floodplain. Prescott's Creek is located 400 feet north of the Final Plat area. There are no schools in the immediate vicinity. There is a 12" sanitary sewer line, 12" water line, and 15" storm sewer that is located within Charm Drive to the north and east of the proposed residential development. The Final Plat is consistent with the Future Land Use Map which designates this area as Mixed Commercial; Medium to High Density Residential; Professional Office; and Compatible Commercial. The project also supports Land Use Goal Number 4, in which the community should work to offer a variety of housing opportunities to residents. The Future Land Use Map is used as a guide when making future land use decisions. The City of Waterloo is currently in the beginning changes of updating its Comprehensive Plan and it may be desirable to change the Future Land Use Map to reflect the change in the proposed land use. Southland Park Sixth Addition Plat - Final Page 3 of 6 Page 376 of 539 March 6, 2023 STAFF ANALYSIS — ZONING ORDINANCE: FINAL PLAT - SOUTHLAND PART{ SIXTH ADDITION A 1E a W,T OF LOTS 1.,-0 8 G-0. 54 UTHLH1D PARK PIRO ADMEN Ld..i.M6Y16 Li 1,1 4 The applicant is requesting to construct six homes along the south and east sides of Charm Drive as part of the Final Plat request. The "R-3, R-P" Planned Residence District is site plan specific, and changes to the site plan were approved by the City Council on March 1, 2021. The Preliminary Plat was approved by the Planning and Zoning Commission on June 8, 2021. The City Council approved the final plat at their regular meeting on October 18, 2021. Picture 2: Looking northeast along Charm Drive toward homes built in the last 3 years. The size of the lots range in size from 10,727 square feet to 15,759 square feet, with an average lot size of 12,100 SF. Each Southland Park Sixth Addition Plat - Final Page 4 of 6 Page 377 of 539 March 6, 2023 property shows a 25' setback from the front and 30' setback from the rear. The setbacks all meet the minimum requirements of the"R-3, R-P" Planned Residence District, and match what was shown on the approved on March 1, 2021. The Final Plat contains legal description, property line dimensions, date, adjoining subdivisions, deed of dedication, and engineer's certificate of survey, easements, and right-of-way widths. The Planning and Zoning Commission unanimously approved the Final Plat request at their regular meeting on September 14, 2021. The final plat was approved by the City Council on October 18, 2021 by resolution No. 2021-693. Due to the final plat being approved, staff does not believe that issuance of the variance would be detrimental to public safety, health, welfare or in any way injurious to adjacent property. Picture 3: Looking east from Charm Drive. Picture 4: Looking southwest. Southland Park Sixth Addition Plat - Final Page 5 of 6 Page 378 of 539 March 6, 2023 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The submitted variance appears to meet the guidelines as put forth by the Subdivision Ordinance. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-4 Signing and Recording of Plats, relating to the recording of Southland Park Sixth Addition Final Plat exceeding the 9 months requirement from the date of City Council approval, located southeast of 2950 Southland Drive. Southland Park Sixth Addition Plat - Final Page 6 of 6 Page 379 of 539 City of Waterloo City Council March 6, 2023 SE of 295o Southland Drive Subdivision Variance L&BB,LLC 0...... 00(1 ..F COC \ ;� ,,,��-� /��\���// "T-,�� 100 50 0 100 erl00 �C) Feet City of Waterloo City Council March 6, 2023 tANC A-1 ack awk Creek Blac awk eek • M-1 144 A-1 DANBURY R-2, C-z% M-2,P 2 IAo W. SHAULIS RD A-1 M-1 KAMILLE CT R-4— R-P R-3 RFD %AIL iAHDUBON CARAS F FALCON RG KITTY HAWK DR PALOMA PL CRABAPPLE LN 0 Southeast of 295o Southland Drive Subdivision Variance L and BB, LLC Piano 4R1 of 5gr1 PETITION FOR VARIANCE COMES NOW the undersigned, L & BB, LLC ("Owner"), current owner of Southland Park Sixth, A replat of Lots C-5 & C-6 in Southland Park Third Addition, Waterloo, Iowa, and states as follows: 1. Owner filed a Final Plat for Southland Park Sixth, A replat of Lots C-5 & C-6 in Southland Park Third Addition, Waterloo, Iowa which was approved by the City Council of the City of Waterloo, Iowa on October 18, 2021, said Resolution No. 2021-693, a copy of which is attached hereto and marked Exhibit "A". 2. That Owner has not yet filed the Final Plat with the Black Hawk County Recorder. Said city code provides that a Final Plat should be filed within nine months of the approval of the Final Plat which would mean on or before July 18, 2022. 3. Owner is requesting a variance to allow it another period to and including May 1, 2023, in order to have the Final Plat for Southland Park Sixth, A replat of Lots C-5 & C-6 in Southland Park Third Addition, Waterloo, Iowa recorded. 4. In accordance with said 1.14 Variances provisions under (1) General, this request is made to avoid the City of Waterloo, Iowa and its planning, programming and zoning staff from revisiting this addition which has already been approved given that no changes have been made to the property originally approved as Southland Park Sixth, A replat of Lots C-5 & C-6 in Southland Park Third Addition, Waterloo, Iowa on October 18, 2021, other than the passage of time from then until now. 5. Owner, pursuant to Variance provision 1.14(1)(a) does not see that extending the time to file said Final Plat is in any way detrimental to any public safety, health, welfare or in any way is injurious to adjacent property. 6. Owner states under Variance provision 1.14(1)(b) that this variance is unique as to this property only and will not affect any other property. 7. That in accordance with Variance provision 1.14(1)(d), this request for an extension to be able to file the Final Plat for Southland Park Sixth, A replat of Lots C-5 & C-6 in Southland Park Third Addition, Waterloo, Iowa will not in any manner vary the provisions of the zoning ordinance, comprehensive plan or official street plan for this addition. Again, this Petition is presented to essentially gain an extension for filing the Final Plat, said extension through this Variance Petition request to be up to and including May 1, 2023. Page 382 of 539 Dated /0 r el? , 2023. Respectfully submitted, L & BB, LLC By: Brian : e . an Its: Manar Page 383 of 539 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2021-693 RESOLUTION APPROVING THE REQUEST BY VJ ENGINEERING ON BEHALF OF L AND BB, LLC FOR THE FINAL PLAT OF SOUTHLAND PARK SIXTH ADDITION, A REPLAT OF LOTS C-5 AND C-6 OF THE SOUTHLAND PARK THIRD ADDITION, A 6-LOT RESIDENTIAL SUBDIVISION LOCATED SOUTHEAST OF 2950 SOUTHLAND DRIVE. WHEREAS, on this 18`h day of October 2021, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Final Plat of Southland Park Sixth Addition, a re -plat of Lots C-5 and C-6 of the Southland Park Third Addition, a 6-lot residential subdivision, located southeast of 2950 Southland Drive, City of Waterloo, Black Hawk County, Iowa, was presented for approval by VJ Engineering on behalf of L and BB, LLC, and WHEREAS, said Final Plat has been previously submitted and has been approved by the Waterloo City Planning, Programming and Zoning Commission on October 18, 2021, and WHEREAS, said Final Plat has been considered and should receive approval of this Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of VJ Engineering on behalf of L and BB, LLC for approval the Southland Park Sixth Addition, a replat of Lots C-5 and C-6 of the Southland Park Third Addition, a 6-lot residential subdivision, located southeast of 2950 Southland Drive, City of Waterloo, Black Hawk County, Iowa, is hereby approved. PASSED AND ADOPTED this 18`h day of October 2021. Quentin Hart, Mayor ATTEST: 149- feMe• Kelley Felchle, City Clerk Page 384 of 539 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving a request by Clapsaddle-Garber Associates, Inc., on behalf of Chris Fischels, for the Preliminary Plat of San Marnan Business Park in the "R-4, R-P" Planned Multiple Residence District and "B-P" Business Park District located west of 4041 Hurst Drive. RECOMMENDED COUNCIL ACTION The Planning and Zoning Commission unanimously recommended approval of the preliminary plat request at their regular meeting on October 11, 2022. Therefore, staff recommends that the Request by CGA on behalf of Chris Fischels for the Preliminary Plat of San Marnan Business Park in the "R-4, R-P" Planned Multiple Residence District and "B-P" Business Park District located west of 4041 Hurst Drive, be approved for the following reasons: 1. The plat would not appear to have a negative impact on the surrounding area. 2. The plat would not appear to have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith is a request by CGA on behalf of Chris Fischels for the Preliminary Plat of San Marnan Business Park in the "R-4, R-P" Planned Multiple Residence District and "B-P" Planned Business District located west of 4041 Hurst Drive. Attachments include: Staff report Overview Map Preliminary Plat Engineering Letter The area of the proposed plat is zoned "R-4,R-P" Planned Residence District and "B-P" Business Park District. Surrounding land uses and their zoning are as follows: North — Single -Family Homes zoned "R-3,R-P" Planned Residence District. South — Highway 20 and Vacant Land zoned "B-P" Business Park District. East — Kimball and Beecher Dentistry and Den Herder Veterinary Hospital zoned "R-4,R-P" Planned Residence District and vacant land zoned "B-P" Business Park District and "C-P" Planned Commercial District. West —Commercial Uses zoned "R-4,R-P" Planned Residence District and "B-P" Business Park District. Page 385 of 539 There are currently no utilities in the plat area; however utilities are going to be extended to serve the development. The Future Land Use Map designates this area as Business Park: Professional Offices; Commercial; Compatible Light Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The San Marnan Business Park would include 22 lots and 4 Tracts. The proposed lot sizes range from 1.20 acres to 2.14 acres with an average lot size of 1.51 acres The plat is 37.9 acres in total. The proposed tract sizes range from .76 acres to 2.08 acres with a total of 5.91 acres of land dedicated to tracts. Tract "A" is designated for right-of-way (Tower Park Drive); Tract "B" and Tract "C" is reserved for detention; Tract "D" is reserved for right-of-way (Fisher Drive). There were no additional comments at the Technical Review Committee meeting. The preliminary plat contains: a) Property Lines — Dimensions b) Date; North Arrow; Scale and Owner c) Sanitary sewer location d) Water system location e) Storm sewer location f) Easements g) Size of individual lots h) Street names i) Adjoining subdivisions j) Existing Structures within plat k) Right of way widths I) Street Widths m) Existing and proposed contours NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area being platted is located between two existing Business Parks. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West San Marnan Drive which is a Minor Arterial, and Banker Boulevard and Tower Park Drive which are Local Streets. There are no trails in the nearby vicinity. There are sidewalks along Bankers Boulevard. Sidewalks are shown in the plat to be located along the south side of Tower Park Drive and a trail on the south side of Fisher Drive. The plat will need to be updated by the applicant to show the required sidewalks on the west side of Hurst Drive. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 386 of 539 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5th P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M.; THENCE, SO°30'26"W 33.00' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE (PREVIOUSLY ESTABLISHED); THENCE, CONTINUING S0°30'26"W 1290.97' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9, SAID POINT ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF HIGHWAY 20 (PREVIOUSLY ESTABLISHED); THENCE, N88°45'42"W 775.36' ALONG THE NORTH RIGHT OF WAY LINE OF SAID HIGHWAY 20; THENCE, N81 °36'52"W 391.86' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N76°01'43"W 165.06' ALONG SAID NORTH RIGHT OF WAY LINE TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE, N00°32'34"E 771.81' ALONG SAID WEST LINE; THENCE, NORTHWESTERLY 82.18' ALONG THE ARC OF A 270.00' RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A CHORD BEARING OF N64°09'21"W AND A CHORD DISTANCE OF 81.86'; THENCE, N55°26'13"W 17.26'; THENCE, N34°33'47"E 91.13'; THENCE, NORTHEASTERLY 264.88' ALONG THE ARC OF A 437.50' RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF N17°13'06"E AND A CHORD DISTANCE OF 260.86'; THENCE, NO°34'12"E 31.32' TO A POINT ON THE EXISTING SOUTH RIGHT OF WAY LINE OF SAID SAN MARNAN DRIVE; THENCE NO°34'12"E 69.96' TO THE NEW SOUTH RIGHT OF WAY LINE OF SAID SAN MARNAN DRIVE; THENCE, S88°21'17"E 1150.52' ALONG SAID NEW SOUTH RIGHT OF WAY LINE; THENCE, S86°14'28" 109.53' E ALONG SAID NEW SOUTH RIGHT OF WAY LINE; THENCE, SO°30'26"W 25.45' TO A POINT ON THE EXISTING SOUTH RIGHT OF WAY LINE OF SAID SAN MARNAN DRIVE; THENCE, N89°48'16"E 26.00' TO THE POINT OF BEGINNING, CONTAINING 39.75 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. Page 387 of 539 ATTACHMENTS 1. Council Packet 2. Engineering Letter Page 388 of 539 October 11, 2022 REQUEST: Request by CGA on behalf of Chris Fischels for the Preliminary Plat of San Marnan Business Park in the "R-4, R-P" Planned Multiple Residence District and "B-P" Planned Business District located west of 4041 Hurst Drive. APPLICANT: Chris Fischels, 3510 Kimball Ave Suite 5, Waterloo, IA 50702 GENERAL The applicant is requesting to plat the property in question for the DESCRIPTION: purposes of creating a 22-lot commercial subdivision, located west of 4041 Hurst Drive. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use as the area being platted is SURROUNDING located between two existing Business Parks. LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by West San Marnan Drive which is a Minor Arterial, and CONDITIONS: Banker Boulevard and Tower Park Drive which are Local Streets. RELATIONSHIP TO There are no trails in the nearby vicinity. There are sidewalks along RECREATIONAL Bankers Boulevard. Sidewalks are shown in the plat to be located TRAIL PLAN AND along the south side of Tower Park Drive and a trail on the south COMPLETE STREETS side of Fisher Drive. The plat will need to be updated by the POLICY: applicant to show the required sidewalks on the west side of Hurst Drive ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: The area of the proposed plat is zoned "R-4,R-P" Planned Residence District and "B-P" Business Park District. Surrounding land uses and their zoning are as follows: North — Single -Family Homes zoned "R-3,R-P" Planned Residence District. South — Highway 20 and Vacant Land zoned "B-P" Business Park District. East — Kimball and Beecher Dentistry and Den Herder Veterinary Hospital zoned "R-4,R-P" Planned Residence District and vacant land zoned "B-P" Business Park District and "C-P" Planned Commercial District. West —Commercial Uses zoned "R-4,R-P" Planned Residence District and "B-P" Business Park District. Commercial buildings built between 2008 and 2020 and residences built between 1978 and 1992. BUFFERS/ No buffers would be required as a part of this plat request. SCREENING REQUIRED: DRAINAGE: A drainage plan will need to be submitted to Engineering when buildings are constructed. San Marnan Business Park — Preliminary Plat Pa57of 8 Page 389 of 539 October 11, 2022 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0166F, 0158F and 0167F dated July 18, 2011. Lou Henry Elementary School is located 0.54 miles to the northeast, Hoover Middle School is located 0.62 miles to the northeast, and West High School is located 1.30 miles to the northeast. Paulson Park is located 0.48 miles to the northeast. There are currently no utilities in the plat area; however utilities are going to be extended to serve the development. The Future Land Use Map designates this area as Business Park: Professional Offices; Commercial; Compatible Light Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The Waterloo Air and Rail Park would include 22 lots and 4 Tracts. The proposed lot sizes range from 1.20 acres to 2.14 acres with an average lot size of 1.51 acres The plat is 37.9 acres in total. The proposed tract sizes range from .76 acres to 2.08 acres with a total of 5.91 acres of land dedicated to tracts. Tract "A" is designated for right-of-way (Tower Park Drive); Tract "B" and Tract "C" is reserved for detention; Tract "D" is reserved for right-of-way (Fisher Drive). There were no additional comments at the Technical Review Committee meeting. The preliminary plat includes the following items: a) legal description, b) existing topography contours, c) property lines, e) date, north arrow, and scale f) sanitary sewer locations, g) water system location k) size of individual lots, I) right-of-way widths, n) street widths, o) building setback lines and p) adjacent subdivisions. San Marnan Business Park — Preliminary Plat Pa58of 8 Page 390 of 539 October 11, 2022 Picture 1: Looking north toward 4041 Hurst Drive. Picture 2: Looking northwest from Hurst Drive and Tower Park Drive. San Marnan Business Park — Preliminary Plat Pa6Oof 8 Page 391 of 539 October 11, 2022 Picture 3: Looking southwest toward US Highway 20 from Hurst Drive and Tower Park Drive. Picture 4: Looking east from the corner of Fisher Drive and Bankers Boulevard. San Marnan Business Park — Preliminary Plat Pa6lof8 Page 392 of 539 October 11, 2022 Picture 5: Looking northeast from Fisher Drive just east of Bankers Boulevard. Picture 6: Looking northwest from Fisher Drive to Bankers Boulevard. San Marnan Business Park — Preliminary Plat Pa62of 8 Page 393 of 539 October 11, 2022 Picture 7: Looking west along Fisher Drive toward Bankers Boulevard. Picture 8: Looking west along Tower Park Drive past Bankers Boulevard. San Marnan Business Park - Preliminary Plat Pa63of 8 Page 394 of 539 October 11, 2022 STAFF ANALYSIS — The preliminary plat includes the following items: a) legal SUBDIVISION description, b) existing topography contours, c) property lines, e) ORDINANCE: date, north arrow, and scale f) sanitary sewer locations, g) water system location k) size of individual lots, I) right-of-way widths, n) street widths, o) building setback lines and p) adjacent sbdivisions. STAFF Therefore, staff recommends that the Request by CGA on behalf of RECOMMENDATION: Chris Fischels for the Preliminary Plat of San Marnan Business Park in the "R-4, R-P" Planned Multiple Residence District located west of 4041 Hurst Drive, be approved for the following reasons: 1. The plat would not appear to have a negative impact on the surrounding area. 2. The plat would not appear to have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. And with the following condition(s): 1. That the plat has all accurate required information prior to the Preliminary Plat being sent to the City Council. San Marnan Business Park — Preliminary Plat Pa64of 8 Page 395 of 539 City of Waterloo Planning, Programming and Zoning Commission October 11, 2022 CLE �OJ R-3 �° ace ° ...,<, 4, 4, cr- 10 0 N w PORTS DR'7I m CO Ip R-3Ce R-3 RIDGEM(1NT RD R-1,C- OLYMPIC DR C-2,C-Z w ANSBOROUG P1 I Tl'l Jt1 LORALIN DR A-1 ❑ 0 F ¢ r-,_ /NI AY R-4, R-P A-1 O 2� 0 0 w w w 2 J S w re w CRESTV I EW HILLTOP RD MEADOW LN R-1 RACHAEL ❑ w J P I HOME Q PRAIRIE �� MEADOW I CT* N2ISE BLVD ST ❑ ❑ x INSPECT BLVD R-3, W Z R-P • � 0. 0 I E m LU w > w N J = om y t\GLENCOE AVE 73 TWOOD AVE HILLTOP RD SOUTH HILL D 1- F 0 w Ce U 2 a R-4 R-3 w z w J J CORAPID; _IsQ S-1'- EDG PARK L R-4, C-Z HAINES AVE F BARRYINGTON < DR a WENDY RD RACHAEL >- U z z ST R-2 ce z r. m 0 O z R- EXCELSIOR LN C-P m� TOYER PARK DR /S w SBOROUGH A B-P OLYMPIC DR ce W. SAN MARNAN DR o sy C-Z ce 4_ U D x 3 R-4 o, c�R' O? o w w __ R-2 0 EDGEMONT AVE R-3— C-1,C-Z eT • z I- z ww 2 a )OWERPA r 0) 2 z UK R-4 C-2,C-Z WINN ST BROO E W C-1 I=4- C-1; -- E. SAN MP C-2 w J m 2 OE w cc ANDERSON DR * A-1 R-1_ A-1 KI M BALL AVE West of 4014 Hurst Drive Preliminary Plat Request CGA on behalf of Chris Fischels 65 f7...... On ..F COn City of Waterloo Planning, Programming and Zoning Commission October 11, 2022 PRAIRIE W. SAN MARNAN DR W.-SAN MARNAN DR FISHER OR CC III EXCELSIOR LN I W. SAN MARNAN DR W. SAN MARNAN DR W. SAN MARNAN DR W. SAN MARNAN DR OLYMPIC DR EXCELSIOR LN W. SAN MARNAN DR W. SAN MARNAN DR W. S�NMARNAND W.tSAN_ MARNAN D ER PARK DR 4014 Hurst Drive West of 4014 Hurst Drive Preliminary Plat Request CGA on behalf of Chris Fischels SURVEYOR AND ENGINEER TRAVIS R STEWART, P.L.S. ADAM DATERS, P.E. CLAPSADDLE-GARBER ASSOCIATES P.O. BOX 754 - 16 E. MAIN STREET MARSHALLTOWN, IOWA 50158 (641)752-6701 ZONING INFORMATION: CURRENT: R-4, R-P (PLANNED MULTIPLE RESIDENCE DISTRICT) AND B-P SURVEY REQUESTED BY: JOHN AND DAN PROPERTIES, LLC 7404 UNIVERSITY AVENUE CEDAR FALLS, IOWA 50613 TRACT SUMMARY: TRACT A - TOWER PARK DRIVE RIGHT-OF-WAY TRACT B - DETENTION TRACT C - DETENTION TRACT D - FISHER DRIVE RIGHT-OF-WAY TRACT E - HURST DRIVE RIGHT-OF-WAY SHEET INDEX SHEET 1 SHEET 2 SHEET 3 SHEET 4 COVER SHEET PRELIMINARY PLAT PRELIMINARY PLAT PRELIMINARY PLAT OWNERS OF RECORD JOHN AND DAN PROPERTIES, LLC 7404 UNIVERSITY AVENUE CEDAR FALLS, IOWA 50613 CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IOWA 50703 NOTES: THE CITY OF WATERLOO OWNS OUTLOTS "B" THRU "G". JOHN AND DAN PROPERTIES, LLC OWN THE REMAINING PROPERTY. FLOODPLAIN: ZONE X AREA DETERMINED TO BE OUTSIDE THE 0.2 % ANNUAL CHANCE FLOODPLAIN FIRM MAP NUMBER 19013C0303F EFFECTIVE JULY 18, 2011. PREPARED DATE: AUGUST 2022 NOTE: ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS USING IaRCS: ZONE 5 WATERLOO CLOSURE: - ALL SUBDIVISION BOUNDARIES ARE WITHIN THE 1:10,000 ERROR OF CLOSURE REQUIREMENT - ALL LOTS ARE WITHIN THE 1:5000 ERROR OF CLOSURE REQUIREMENT. PRELIMINARY PLAT SAN MARNAN BUSINESS PARK WATERLOO, IOWA LOT TABLE LOT ACRES SQ FT 1 1.12 48,584 2 1.20 52,128 3 1.43 62,333 4 1.24 54,008 5 1.23 53,739 6 1.18 51,563 7 1.11 48,465 8 1.23 53,465 9 4.59 200,011 10 1.50 65,180 11 1.23 53,505 12 1.24 53,800 13 1.25 54,442 14 1.22 53,095 15 1.47 64,108 16 1.71 74,634 17 1.65 71,702 18 1.79 78,103 19 2.14 93,336 20 1.99 86,559 TRACT "A" 1.88 83,437 TRACT "B" 0.76 32,896 TRACT"C" 1.15 50,288 TRACT"D" 2.08 37,927 TRACT"E" 0.54 23,724 OUTLOT "A" 0.34 14,801 OUTLOT "B" 0.44 19,347 OUTLOT "C" 0.22 9,679 OUTLOT "D" 0.21 9,338 OUTLOT "E" 0.17 7,336 OUTLOT "F" 0.19 8,301 OUTLOT "G" 0.19 8,434 VICINITY MAP NOT TO SCALE LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5th P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M.; THENCE, S0°30'26' W 33.00' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE (PREVIOUSLY ESTABLISHED); THENCE, CONTINUING S0°30'26"W 1290.97' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9, SAID POINT ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF HIGHWAY 20 (PREVIOUSLY ESTABLISHED); THENCE, N88°45'42' W 775.36' ALONG THE NORTH RIGHT OF WAY LINE OF SAID HIGHWAY 20; THENCE, N81°36'52"W 391.86' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N76°01'43' W 165.06' ALONG SAID NORTH RIGHT OF WAY LINE TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE, N00°32'34"E 771.81' ALONG SAID WEST LINE; THENCE, NORTHWESTERLY 82.18' ALONG THE ARC OF A 270.00' RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A CHORD BEARING OF N64°09'21 "W AND A CHORD DISTANCE OF 81.86'; THENCE, N55°26'13"W 17.26'; THENCE, N34°33'47"E 91.13'; THENCE, NORTHEASTERLY 264.88' ALONG THE ARC OF A 437.50' RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF N17°13'06"E AND A CHORD DISTANCE OF 260.86'; THENCE, N0°34'12"E 31.32' TO A POINT ON THE EXISTING SOUTH RIGHT OF WAY LINE OF SAID SAN MARNAN DRIVE; THENCE N0°34'12"E 69.96' TO THE NEW SOUTH RIGHT OF WAY LINE OF SAID SAN MARNAN DRIVE; THENCE, S88°21'17"E 1150.52' ALONG SAID NEW SOUTH RIGHT OF WAY LINE; THENCE, S86°14'28" 109.53' E ALONG SAID NEW SOUTH RIGHT OF WAY LINE; THENCE, S0°30'26"W 25.45' TO A POINT ON THE EXISTING SOUTH RIGHT OF WAY LINE OF SAID SAN MARNAN DRIVE; THENCE, N89°48'16"E 26.00' TO THE POINT OF BEGINNING, CONTAINING 39.75 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. LEGEND EXISTING PROPOSED .,rv-mil SIGN w (*) EVERGREEN TREE DECIDUOUS TREE SHRUBS (BUSHES) TREE LINE SIGN (TYPE AS NOTED) FENCE SILT FENCE CONTOUR LINE W WATERLINE b El San(') StS (*) I► 0 G WATER VALVE FIRE HYDRANT SANITARY SEWER LINE STORM SEWER LINE MANHOLE CLEANOUT INTAKE BEEHIVE INTAKE GAS LINE GAS VALVE OH E -OHE- OVERHEAD ELECTRICAL LINE E (*) 0 T(*) E BURIED ELECTRICAL LINE T POWER POLE STREET LIGHT ELECTRICAL BOX/TRANSFORMER TELEPHONE LINE ® TELEPHONE PEDESTAL SURVEY LEGEND • GOVERNMENT CORNER MONUMENT FOUND 1/2"GOVERNMENT OR w/ORANGEMPLASTIC IT DET CAP #17162 • PARCEL OR LOT CORNER MONUMENT FOUND o SET 1/2" x 30" REBAR w/ORANGE PLASTIC ID CAP #17162 () RECORDED AS THIS PRELIMINARY PLAT PERIMETER BOUNDARY WAS PREPARED UNDER MY DIRECT SUPERVISION (NOT TO BE A RECORDED DOCUMENT) MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023 Travis R Stewart, PLS Date TO THE BEST OF MY KNOWLEDGE, THIS PREUMINARY PLAT CONFORMS TO THE PRELIMINARY PLAT REQUIREMENTS OF THE CITY OF WATERLOO, IOWA (NOT TO BE USED FOR CONSTRUCTION) MY LICENSE RENEWAL DATE IS DECEMBER 31, 2024 Adam C Daters, PE Date NO. REVISION BY DATE ND. REVISION BY DATE Clapsaddle-Garber Associates, Inc 16 East Main Street Marshalltown, Iowa 50156 Ph 641-752-6701 www.cgaconsultanis.com DESIGNED: - DATE - DRAWN: 8-19-2022 DATE- CAO CHECKED: - DATE - APPROVED: - DATE - SAN MARNAN BUSINESS PARK WATERLOO, IOWA PRELIMINARY PLAT PROJECT NO. 5602_1 SHEET NO. 1 OF 4 Page 398 of 539 N 2022 Version 23\5602 1 Preliminary Plat D Curve Table CURVE DATA ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD C1 82.18' 270.00' 17°26'19" N64°09'21"W 81.86' C2 264.88' 437.50' 34°41'22" N1713'06"E 260.86' NORTH LINE NW1/4 NW1/4 LINE DATA UNE NUMBER BEARING DISTANCE LI 50°30266N 33.00' L2 N55°26131W 17.26' L3 N34°33'47'E 91.13' L4 SO°34'12W 31.32' L5 N89°48'16"E 37.54' L6 SO°32'34'VJ 33.00' L7 8034'12'W 69.96' L8 N86°14'28"W 109.53' L9 NO°30'28'E 25.45' L10 S89°4818°W 26.00' APPROX 1/4 1/4 LINE IX INTAKE RIM=944.96 FL=94010 24' RCP (SE) PARCEL "D" COUNTRY THIRD B DDITION NW CORNER NE 1/4 NW 1/4 SECTION 9-88-13 FND CUT'X' LOT 5 EX INTAKE FL=940.7915" RCP (W) EX INTAKE RIM=945.75 FL=940.41 15' RCP (E) PARCEL "E' 11 EX INTAKE FL=940.40 24" RCP (NW) CENTER fER 3, ,IPgilRt� C R P1' LOT 3 EX INTAKE FL=945.24181 RCP (N) _FH COUNTRY CENTER / 6 STAND PIPE SEC NES ADDITION / SECOND / LOT 1 R 11.1G GRP1„sot' G/ Yid / EX SAN MH RIM=950.07 FL-939.50 8" PVC(SE) FL-939.39 8" PVC (W) FND 1/2" REBAR w/YPC #8505 OUTLOT"B" 19,347 SF 0.44 AC ELEC BOX_ OUTLOT"C" 9,679 SF 0.22 AC OUTLOT "D" 9,338 SF 0.21 AC EX INTAKE OUTLOT "E" 7,336 SF 0.17 AC OUTLOT "F" 8,301 SF 0.19 AC ADDITIONAL SAN MARNAN RIGHT-OF-WAY TO BE VACATED AND INCLUDED IN THE FINAL PLAT UPON COMPLETION OF VACATION PROCESS AND ADDED TO THE ADJACENT LOTS. N 1/4 CORNER SECTION 9-88-13 FND 5/8" REBAR w/ALUM CAP #12088 POINT OF COMMENCEMENT EX ST MH \N89°48�6E-+w� �Fb-�c-P��� ' .� �'��'� /A MST 938894`�iEi--slslcl \� eft �3034�J6 "CMP(S) THE it /. PP 7 .., J PP �9N5 I ✓ � / PP T �I. IXFH �$ IJ - - � \ - - � < \ l � FL 9314724 CMP(N) r 1- - r 3s.a8NFAR 00A3 I II N t( LOT % � m \ \ ` \ I / I �� LOT 3 � \1 � LOT 1 \ � m VI POINT OF BEGINNING EgE I�!N I 1 418,465SF ` ' 62,3335E 1 48,584 SF 9 g,04 l' g 1 1.11 AC ¢C I \ 1 510563 5 \ 1 LOT 5 1 / LOT 4 / / 1.43 AC J f 'a 11.12 AC I 1 Pt{ 1 Y 952 i953 P ` 1.18 AC I / 53,739 SF 1 / 5124 ACF / 32' I I I I I of I LOT 1 (1 N E 954� C 1 / 1.23AC /g5''' I 1 r;; �� _ ���; STORM �SEwa6 3D.00' M 1-- ���"� � // 1 1V# ���A'"SANITARY SEWER /sc���A�942257__=5 EASEMENT g / / 9N EX APRON / r Sr X , SS s 953 I / / / / / / e4% TRACT "C" FL=9 53- ,/4 oq s LOT8� �K / c / / �// �� �� / �$ ASP Wq 53,465 SF g52 ✓ / D1 2007 081 sEl4ncic / / / / 20 0' / �'� /� 50,288 SF ° v EX 18" RCP /A M rF r� / 1.15AC ''NI /�; /„ gitq r q gS0 1.23 AC �957� -:251,,,z7.-7----s:/ SANITARY SEWER �I °i _935_FL-933.40 II."f 230 948- -94930 V�-\gRS SEMENT,3^1 / IMH I 1I ���846-�V 2a ooREnR 9Fr6ncXC TRANS �°Na' \ TRACT "B" -� 6`� f:IN:0.0(\0' .q,\ \ I/` 5.00' WAL�EC TRANS ` 32,896 SF im'9N .�'fP `va �'9�,I��� LOT 2 - Yi23g._FH -L8'A t° W 52,128 SF �,0.76 AC! Lo �I `I l Ir$ -::___ `1.20 AC?��y/. \ o�*117 =��I TRACT „A"I 3\��o- � `81 81,851SF \ 3 Ct\ \1.88AC I\ '4 ` ` z9o9' moNr sLTancK C (Nw1 ` FiAS T ,�gRa N15016ncK \ LOT lO .A \ /C 65,180 SF 5 1 113 A,- " \ \ `\a/n w1-'\ \ \ 1.50 AC GA ga'm I 8 sg. rWAhe'yam ='' j�koor.5,5�rsI `STARE ENT RLOT 11 II 0�WL= 320' gq4 \ 53,505 SF a \ 1000' PUEY h. -F- L23 AC \ 2s' 2os' �\ Po \ _ I I S -� LOT 12 ' __ \ B _ \\L' 40.00' S2,800 SF \ \4'BACk \ \---- \ --- �T� 226 > 1 1I, S ORMEASEMENTWTER L24 AC \ \ 'LOT15 \ 11_014L,L0114.161,_____.\---. T- g 64,108SF \\$ �= STORM WATERI- \ 1.47 AC\ \4�51P`$' a \'\ �\8J \\N. \% 0'\\ S2\���'L=182'2500'Fi�SPCK _65 1 rig 95 sN �8N1alablaialiglaisA -4�_ iEr�T���E• DEvELPp. To _ L= 129' =52 _so _.Z�:-C�� ��R�� 1 ro` R `` onP"°w frees 1�G -__ -63 1 o PROPERTY �1pLD % l 0-49 gs�i� 90' 9Ys H\ \ �g$T / 3 /� �- --� t N. \ a � /�o� $ \\ \ [I\ \ / / \ \ I \ 1.71 AC $ / J LOT19 - LOT20 ^�. \` \, 93,336 SF / �"' - '-86,559SF 7 Ii' / \ - - 2.14AC 1.99AC I i / / 7 / 65 / / ` _ STORM WATER I / / 7". / N76° r --_ �/ EASEMENT 1 / 0143"W \ \ \ \ - /I I / / / i / \ 952 \ \ / OUTLOT"A" / 14,801 SF' \ \ // 0.34AC ` / / / /LOT 9 \ \ / 200,011 SF �953 \ \ \ FND 1/2"REBAR w/ YPC #8505 4.59 AC SUBDRAIN OUTL - 8 F - ;n NORTH LINE NE1/4 NW1/4 AN DRIVE TOP-944.5 4' ADS"�N88°2117'W TO EAST 1150.52 TRACT "D" L= 236' 391.86' N81°36'S2"W FND 1/2" REBAR w/YPC #8505 HIGHWAY 20 APPR0X1/41/4 LINE _ LOT 18 \ 1 949'- � 78,103 SF \ - 1.79 AC \ OUTLOT "G" 8,434 SF 0.19 AC L ` EX 24" CMP FL=93263 20.00' EASEMENT , (5.00' WALK �9471 LOT 13 948� 53,442 SF \ o, 1.25 AC -�LL _\ -� L=113' 67' - 292' 775.36' N88°45'42"W SE CORNER NE1/4 NW 1/4 FND 5/8" REBAR w/ IDOT ALUM DISK TOWER PARK NO 6 RE 1N0 1F-'t �D1'O GIN" EX INTAKE RIM-933.30 FL-929.26 15" CMP (5) EX INTAKE RIM=933.31 FL-928.71 15" CMP (N) FL-928.65 18" CMP (E) FL-928.93 18" CMP (W) PP FL-931.59 24" CMP(W) FL-931.55 18" CMP(S) $ EX FH ELEC TRANS ELEC TRANS EX INTAKE FL-933.02 15" CMP(W) EX ST MH RIM-936.20 FL 9329418"RCP(N) FL 933.08181 RCP(W) FL 933.0315" CMP(E) LOT 2 IX SANITARY MH RIM-937.56 FL 925.158"(E) FL-925.23 8"(W) X FH- FND 5/8' REBAR Iw/ALUM CAP#12088 TRACT "E" 20,544 SF 0.54 A SNLY THE WESTERN HALF / OF HURST DR., BETWEEN TOWER PARK DR. & FISHER DR., / 4 WILL BE CONSTRUCTED \ - WITH THIS DEVELOPMENT. N \ \ \ v \ \ \ \\ GO1110 315(C)- GRAPHIC SCALE 0 100' 200' 300' N0. REVISION BY DATE N0. REVISION BY DATE Clapsaddle-Garber Associates, Inc 18 East Main Street Marshalltown, Iowa 50158 Ph 641-752-6701 www.cgaconsultanis.com DESIGNED: - DRAWN: CAO DATE' - DATE- 8-19-2022 CHECKED: - DATE - APPROVED: - DATE - SAN MARNIN BUSINESS PARK WATERLOO, IOWA PRELIMINARY PLAT PROJECT NO. 5602_1 SHEET N0. 20F4 Page 399 of 539 WG\Survey\San Marnin Business Park 2022 Version 23\5602_1 Preliminary Plat DATA REF.dwg - N NW CORNER NE 1/4 NW 1/4 SECTION 9-88-13 FND CUT 'DC' FND CUT "X" EX SAN MH RIM=945.53 i=935.09 8" PVC (NW) \ FL=935.29 8" PVC (SE) LP LEC BOX TRACT "B" 32,896 SF D.76 AC SS EASEMENT OUTLOT "A" / 14,801 SF 0.34 AC OUTLOT „B„ 19,347 SF 0.44 AC 951 \ \ \ 952 \ \ \ - N \ \ \ \ \ \ LOT 9 \ \ 200,011 SF4.59 AC OUTLOT „C" 9,679 SF 0.22 AC _W. SAN MARNAN DRIVE - LOT 6 511.1,563SF8AC 1 / 30.00' SANITARY SEWER / EASEMENT GRAPHIC SCALE NO. REVISION BY DATE NO. REVISION BY DATE OUTLOT „D„ 9,338 SF 0.21 AC EX INTAKE RIM=948.34 TOP=944.58 RCP (N) FL=943.834'ADS���-�^' n � - - N88°21'17"W 1 1150.52' --FO ICI=�__37S w(c)_ -__ -1-323794, NORTH LINE NE1/4 NW1/4 N89,46'16"E 53,739 SF 1.23 AC / / / / / / 20 007HOM SETBACK fi 1 1 2500FRON7SET\g4CK \\ TRACT"A" 81,851 SF\ \ 1.88 AC \ \ LOT 10\ \ \ 6L50 AC \ \ • I \ \ \ %/A \ \\ \\ \\ T�S�GA9 \\\ \ \ \ \ \ \\ \ \ \ C \ - -�-�- ' I $3�\ \ \ NO I7 \ \ L\---- h 25pp' \ _ RE4RSFTe4CK - 54,008 SF 1.24 AC OUTLOT „E„ 7,336 SF D.17 AC W(C(- CGA / " 1 20.00' SANITARY SEWER EASEMENT s1 \ \ `1- \ 601 I \ 1 \ 20N I I EASEMENT / ‘ 8A N .00' STORM20WTER \ LOT 11 53,505 SF 1.23 AC `-- OUTLOT „F„ 8,301 SF 0.19 AC - 40.00' STORM WATER EASEMENT OUTLOT „O„ 8,434 SF 0.19 AC ADDITIONAL SAN M RNAN RIGHT-OF-WAY TO BE VACATED A D INCLUDED IN THE FINAL PLAT UPON COMPLETI1N OF VACATION PROCESS AND ADDED TO THE ADJACE T LOTS. TRACT"C" 50,288 SF / 1.15 AC EX 24' CMP FL-932.63,- EX APRON / FL=933.53 EX18' RCP / FL-93340 LOT 2 _ LOT 12 52,800 SF 1.24 AC 10.00' PUE N1/4 CORNER SECTION 9-88-13 FND 5/8' REBAR w/ALUM CAP #12088 POINT OF COMMENCEMEN / ! FL-931.41 24" ( - sts(c)- J X FH PP EX ST MH RIM-938.89 FL=931.59 24" FL=931.47 24" FL=931.5518" POINT OF BEGINNING IX FH ELEC TRANS ELEC TRANS IX INTAKE FL=933.0215" CMP( EX STMH RIM=936.20 FL-932.94 18"RCP(N FL-933.08 18" RCP(P FL=933.0315" CMP(E EX SANITARY MR RIM-937.56 FL=925.15 8"(E) FL=925.23 8"(W) / TOWER PARK Dft - -6t EXFH` - - `1 FND 5/8" REBAR w/ ALUM CAP #12088 1 / TRACT "E" 23,724. F Clapsaddle-Garber Associates, Inc 16 East Main Street Marshalltown, Iowa 50158 Ph 641-752-6701 www.cgaconsultanis.com DESIGNED: ---- DRAWN: CAO DATE ---- DATE. 8-19-2022 CHECKED: ---- DATE ---- APPROVED: ---- DATE' ---- SAN MARNAN BUSINESS PARK WATERLOO, IOWA PROJECT N0. 5602_1 0 50' 100' 150' PRELIMINARY PLAT SHEET NO. 3af4 Page 400 of 539 0 2022 Version 23\5602 1 Preliminary Plat DATA R /'/ \ ' ` I 1 TRANS \ I TRACT "B" \ "R\ I\ \ 32,896 SF 0.76 AC I _ - 238 i —I �1 \ / - - ' ..`. �• � / / / 26.O0FgONi SFBACK I '�," \_ \ o \ \ c I \ \ \ TRACT "A" zj \ m \ R /j \ I \\ 04 C:7 GV / 81,851 SF K al 7A / �L-q� V A \ \ 1.88 AC \ A \ .53 \ GAS / \ \ \ LOT 10 \ \ i h 77:7\1 / 256tl FR6Nt -\\ / eacK 951 \ ry\ \ \61 �50 ACF \ A \ \la. I \ \ \ \ \ \/\`\ .15 n 1111I!/, OUTLOT "A" 952 \ \ \ \ \ \ I \STORM WATER \ \ LOT 11 \ \ / I, I I I I \ / \ \ \ \ I I EASEMENT \ _� III C\(_ / / 10�34 AC F / \ \ \ \ \ \ \ \ \ \ \ 53,505 SF \ \ :::- 1.23AC` \• % I I�� /�/ �--N \\ \ \�—��L\\/) °°///// LOT9 \\ \\ \\\V26\\ 209'\\\\I`h� Poq Sq \ JI / \ �R Ck 200,011 SF 853 \ \1 \ \ .- �� \ I 4196'/ / 4.59 AC \ \ \ \ \ \ \ - \ `. \ \ \ \ \ B AC I / l \ \ \ \ \ ZE _ oaq�\hI I / �hti <\ \ \ \ \ \ LOT 5 \ \ N �- 'DVS` \ �� \ \ 64,1OB SF \ \ N 6" '`AND PIKE, — — J 95.4 k y \ 1.47 AC \ \ $ \ \ \ N 9\ \ / / TRACT „D„ \ \ . \ _ \ — 90,387 SF •FH TAND PIPE J/ 955 FND 1/21REBAR w/YPC #8505 FND 1/2" REBAR w/YPC #8505 2.08 AC FND 1/2" REBAR w/YPC #850 25W'FROM SE>BAON \ \ LOT 14 FRONT SETBACK \$y 40.00' STORM WATER EASEMENT ,- J— W26 STORM WATER II 1 i 1 �I- I LOT 13 \ \ \\ 0 1 I \ \ I 53442 SF 1 \ 5.00' WALK g o \ 1.25 AC • F�-+L728' `jam �1 g46 i = PO aND 1z Wi �L_ 129- 952 . . N EX SANITARY MH RIM-937.56 FL-92515 8 (E) FL-925.23 8'(W) LOT 2 DB ::- FA � /,�� Fr TU -- L_ ,wlor .17A _ \ w/ ALUM CAP #12088 LOT 12 52,800 SF 1.24 AC 946 10.00' PUE / 7 LOT 18 78,103 SF � 1.79 AC 2500 REAR SETBACK 224'7. APPROX 1/4 1/4 LINE 53,095 SF 1.22 AC • LOT 19 93,336 SF / 2.14 AC 775.36' N88°45'42"W \ I / I I TRACT "E" 23,724 SF I I 0.54 AC 00 / / I - C 4 I / NLY THE WESTERN HALF OF HURST DR., BETWEEN TOWER PARK DR. & FISHER DR., WILL BE CONSTRUCTED \ WITH THIS DEVELOPMENT. \ \N \ \\\ \ \ • \ \ \ \ \ \ \ \ DEVELOPER TO COORDINATE WITH THE OWNER OF THIS PROPERTY TO MITIGATE STORM WATER \ 1 RUNOFF FROM FISHER DRIVE �O \ \ �OUo1G 11 FH \ N 'S \ \ N. 20.00' STORM WATER EASEMENT SE CORNER NE 1/4 NW 1/4 FND5/8'REBAR l w/ IDOT ALUM DISK GRAPHIC SCALE 0 50' 100' 150' NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 16 East Main Street Marshalltown, Iowa 50158 Ph 641-752-6701 www.cgaconsultanis.com DESIGNED: ---- DRAWN: CAO DATE' — DATE- 8-19-2022 CHECKED: — DATE --- APPROVED: ---- DATE - SAN MARNAN BUSINESS PARK WATERLOO, IOWA PRELIMINARY PLAT PROJECT NO. 5602_1 SHEET NO. 4 of 4 Page 401 of 539 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (PRELIMINARY OR MINOR) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): Chris Fischels Address: 3510 Kimball Ave, Ste H Phone: 319-2343009 City: Cedar Falls State: IA Zip: 5°7°2 Email: chriscrfre.com b. Status of Applicant: (a) Owner 0 (b) Other 0 (SELECT ONE): If other explain: c. Property Owner's Name if different than above (please print): John and Dan Properties LLC Address: 7404 University Ave Phone: 319-27745°0 City: Cedar Falls State: IA Zip: 5°613 Email: 2. PREPARER INFORMATION: a. Preparer's Business Name (please print): clapsaddle-GarterAssociates, Inc. Primary Preparer's Name: Adam Deters, PE Phone: 319-266-0258 E-mail: adaters@cgaconsultants.com 3. PROPERTY INFORMATION: a. Name of Plat: San Maman Business Park Owner's Representative b. General Location of Property: South of San Maman, East of Bankers Blvd and West of Hurst Drive c. Area of Proposed Plat: 37.9 Acres d. Zoning District(s): R4, R-P and B-P 4. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication (prefered but not required) b. Overall Street Plan (if applicable) c. Six (6) 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 $ 200000 $ 200000 $ 540000 $ 940000 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 undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. (/IIVtLd'/'7'r ck.4- dotloop verified 09/23/2211:31 AM CDT HPPN-VAYJ-YY2H-GEfB Signature of Applicant Date dotloop verified 09/23/2212:11 PM CDT YZLJ-IWZB-6NC7-BOWM Signature of Owner Date 71 Page 402 of 539 CITY OF ( WATERLOO Engineering February 21, 2023 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4312 L CITYOFWATERLOOIOWA.COM t;: RE: PRELIMINARY PLAT SAN MARNAN BUSINESS PARK 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, Dldnnis J. ntz, P.E. Assistant ity Engineer CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3- 3(D) Application Procedure and Requirements as it relates to the approval of the final plat of San Marnan Business Park First Addition. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving a Variance to the Requirements of the Subdivision Ordinance in Section 11-3-3(D) Application Procedure and Requirements as it relates to the approval of the Final Plat of San Marnan Business Park First Addition. The variance is needed because they are asking for approval of the preliminary and final plat at the same time, whereas the Subdivision Ordinance requires approval of the preliminary plat prior to submittal of the final plat. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Subdivision Ordinance IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 404 of 539 ATTACHMENTS None Page 405 of 539 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving a request by Clapsaddle-Garber Associates, Inc., on behalf of Chris Fischels, for the Final Plat of San Marnan Business Park First Addition in the "R-4, R-P" Planned Multiple Residence District and "B-P" Business Park District located west of 4041 Hurst Drive. RECOMMENDED COUNCIL ACTION The Planning and Zoning Commission unanimously recommended approval of the Final Plat request at their meeting on January 10, 2022. Therefore, staff recommends that the Request by CGA on behalf of Chris Fischels for the Final Plat of San Marnan Business Park First Addition in the "R-4, R-P" Planned Multiple Residence District located west of 4041 Hurst Drive, be approved for the following reasons: 1. The plat would not appear to have a negative impact on the surrounding area. 2. The plat would not appear to have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to plat the property in question for the purposes of creating a 14-lot commercial subdivision, located west of 4041 Hurst Drive. The area of the proposed plat is zoned "R-4,R-P" Planned Residence District and "B-P" Business Park District. Surrounding land uses and their zoning are as follows: North — One and Two Family Homes zoned "R-3,R-P" Planned Residence District. South — Highway 20 and Vacant Land zoned "B-P" Business Park District. East — Kimball and Beecher Dentistry and Den Herder Veterinary Hospital zoned "R-4,R-P" Planned Residence District and vacant land zoned "B-P" Business Park District and "C-P" Planned Commercial District. West —Commercial Uses zoned "R-4,R-P" Planned Residence District and "B-P" Business Park District. The San Marnan Business Park First Addition would include 14 lots, 12 Tracts, and 1 outlot. The proposed lot sizes range from 1.11 acres to 4.59 acres with an average lot size of 1.55 acres. The plat is 28.58 acres in total. The proposed tract sizes range from 0.11 acres to 1.92 acres with a total of 6.52 acres of land dedicated to tracts. Tract "A" is designated for right-of-way (Tower Park Drive); Tract "B" and Tract "C" are reserved for Page 406 of 539 detention; Tract "D" and Tract "E" are reserved for right-of-way (Hurst Drive); Tracts "F" thru "K" are existing right-of-way to be conveyed to adjacent lots to the south; and Tract "L" is reserved for road right-of-way (Fisher Drive). Outlot A (0.34 acres) will be sold to the adjacent lot owner to the west. A deed of dedication and engineer's certificate of survey has been submitted for the Final Plat. The site will be rezoned in the future to match the development and so there is consistent zoning throughout the entire site. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West San Marnan Drive which is a Minor Arterial, and Bankers Boulevard and Tower Park Drive which are Local Streets. Highway 20 is located to the south of the site. There is a trail on the south side of Fisher Drive west of the proposed plat. There are sidewalks along the west side of Bankers Boulevard. Sidewalks are shown in the plat to be located along the south side of Tower Park Drive and a trail on the south side of Fisher Drive. DATA, ANALYSIS, AND STRATEGIES Subdivision Ordinance IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION SAID PROPERTY IS LEGALLY DESCRIBED AS: A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9 AND PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4 ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5th P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M.; THENCE, SO°30'26"W 33.00' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO A POINT ON THE PREVIOUSLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, CONTINUING SO°30'26"W 540.68' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF TOWER PARK DRIVE (PREVIOUSLY ESTABLISHED); THENCE, CONTINUING S00°30'26"W 205.20' ALONG SAID EAST LINE; THENCE, N89°29'34"W 26.00"; THENCE, N83°59'23"W 308.92'; THENCE, N73°53'29"W 275.53'; THENCE, N87°42'25"W 209.26'; THENCE, Page 407 of 539 N89°35'12"W 25.72'; THENCE, S00°31'50"W 306.64'; THENCE, NORTHEASTERLY 42.64' ALONG THE ARC OF A 370.00' RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF N79°24'20"E AND A CHORD DISTANCE OF 42.61'; THENCE, S1°53'45"E 66.00'; THENCE, SOUTHWESTERLY 61.31' ALONG THE ARC OF A 436.00' RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF S80°07'58"W AND A CHORD DISTANCE OF 61.26'; THENCE, S12°03'19"E 278.68' TO A POINT ON THE NORTH RIGHT OF WAY LINE OF US #20 (PREVIOUSLY ESTABLISHED); THENCE, N81 °36'52"W 391.86' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N76°01'43"W 165.06' ALONG SAID NORTH RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF LOT 1 OF COUNTRY CLUB BUSINESS CENTER SECOND ADDITION; THENCE, N00°32'34"E 771.81' ALONG THE EAST LINE OF LOT 1 AND LOT 2 OF SAID COUNTRY CLUB BUSINESS CENTER SECOND ADDITION TO A POINT ON THE NORTH RIGHT OF WAY LINE OF TOWER PARK DRIVE (PREVIOUSLY ESTABLISHED); THENCE, NORTHWESTERLY 82.18' ALONG THE ARC OF A 270.00' RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A CHORD BEARING OF N64°09'21"W AND A CHORD DISTANCE OF 81.86' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N55°26'13"W 17.26' ALONG SAID NORTH RIGHT OF WAY LINE TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF BANKERS BOULEVARD (PREVIOUSLY ESTABLISHED); THENCE, N34°33'47"E 91.13' ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE, NORTHEASTERLY 254.11' ALONG A 437.50' RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF N17°55'25"E AND A CHORD DISTANCE OF 250.22' ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE, NO°34'15"E 112.05' ALONG SAID EASTERLY RIGHT OF WAY LINE TO A POINT ON THE NEWLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE; THENCE, S88°21'17"E 1150.52' ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE, S86°14'28"E 109.53' ALONG SAID SOUTH RIGHT OF WAY LINE TO A POINT ON THE WEST RIGHT OF WAY LINE OF HURST DRIVE (PREVIOUSLY ESTABLISHED); THENCE, SO°30'33"W 25.45' ALONG SAID WEST RIGHT OF WAY LINE TO A POINT ON THE PREVIOUSLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE; THENCE, N89°48'11"E 26.01' ALONG SAID PREVIOUS SOUTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING. CONTAINS 28.58 ACRES INCLUDING 3.19 ACRES OF ROAD RIGHT OF WAY. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. ATTACHMENTS 1. Council Packet 2. Final Plat 3. Certificate of Survey 4. Deed of Dedication 5. CONTRACT 6. PETITION AND WAIVER 7. Engineering Letter Page 408 of 539 REQUEST: APPLICANT: SURVEYOR: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: January 10, 2023 Request by CGA on behalf of Chris Fischels for the Final Plat of San Marnan Business Park First Addition in the "R-4, R-P" Planned Multiple Residence District and "B-P" Planned Business District located west of 4041 Hurst Drive. Chris Fischels, 3510 Kimball Ave Suite 5, Waterloo, IA 50702 Adam Daters, PE, Clapsaddle-Garber Associates, Inc. The applicant is requesting to plat the property in question for the purposes of creating a 14-lot commercial subdivision, located west of 4041 Hurst Drive. The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area being platted is located between two existing Business Parks. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West San Marnan Drive which is a Minor Arterial, and Bankers Boulevard and Tower Park Drive which are Local Streets. Highway 20 is located to the south of the site. There is a trail on the south side of Fisher Drive west of the proposed plat. There are sidewalks along the west side of Bankers Boulevard. Sidewalks are shown in the plat to be located along the south side of Tower Park Drive and a trail on the south side of Fisher Drive. The preliminary plat still needs to be updated by the applicant to show the required sidewalk on the west side of Hurst Drive The area of the proposed plat is zoned "R-4,R-P" Planned Residence District and "B-P" Business Park District. Surrounding land uses and their zoning are as follows: North — One and Two Family Homes zoned "R-3,R-P" Planned Residence District. South — Highway 20 and Vacant Land zoned "B-P" Business Park District. East — Kimball and Beecher Dentistry and Den Herder Veterinary Hospital zoned "R-4,R-P" Planned Residence District and vacant land zoned "B-P" Business Park District and "C-P" Planned Commercial District. West —Commercial Uses zoned "R-4,R-P" Planned Residence District and "B-P" Business Park District. Commercial buildings built between 2008 and 2020 and residences built between 1978 and 1992. No buffers would be required as a part of this plat request. San Marnan Business Park — Final Plat Pag56f 10 Page 409 of 539 DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: January 10, 2023 A drainage plan will need to be submitted to Engineering when buildings are constructed. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0166F, 0158F and 0167F dated July 18, 2011. Lou Henry Elementary School is located 0.54 miles to the northeast, Hoover Middle School is located 0.62 miles to the northeast, and West High School is located 1.30 miles to the northeast. Paulson Park is located 0.48 miles to the northeast. There are currently no utilities in the plat area; however utilities are going to be extended to serve the development. The Future Land Use Map designates this area as Business Park: Professional Offices; Commercial; Compatible Light Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The San Marnan Business Park First Addition would include 14 lots, 12 Tracts, and 1 outlot. The proposed lot sizes range from 1.11 acres to 4.59 acres with an average lot size of 1.55 acres. The plat is 28.58 acres in total. The proposed tract sizes range from 0.11 acres to 1.92 acres with a total of 6.52 acres of land dedicated to tracts. Tract "A" is designated for right-of-way (Tower Park Drive); Tract "B" and Tract "C" are reserved for detention; Tract "D" and Tract "E" are reserved for right-of-way (Hurst Drive); Tracts "F" thru "K" are existing right-of-way to be conveyed to adjacent lots to the south; and Tract "L" is reserved for road right-of-way (Fisher Drive). Outlot A (0.34 acres) will be sold to the adjacent lot owner to the west. A deed of dedication has been submitted for the Final Plat. However, changes are needed to include drainage and sidewalk requirements in the document. There are some changes between this Final Plat and the Preliminary Plat that was approved by the Planning, Programming, and Zoning Commission on October 11, 2022. Lot 9 is larger in the new preliminary and final plat, so the number of lots has changed from 22 to 20. The site will be rezoned in the future to match the development and so there is a consistent zoning throughout the entire site. San Marnan Business Park — Final Plat Pag527f 10 Page 410 of 539 January 10, 2023 Picture 1: Looking west from Hurst Drive toward the area to be platted. Picture 2: Looking toward the northwest from Hurst Drive. San Marnan Business Park — Final Plat Pag5Bf 10 Page 411 of 539 January 10, 2023 4 ..... Picture 3: Looking east from Fisher Drive. Picture 4: Looking northeast from Fisher Drive. San Marnan Business Park — Final Plat Pag59f 10 Page 412 of 539 January 10, 2023 TECHNICAL REVIEW At Tech Review, Engineering noted there are multiple issues with COMMITTEE the plat and the biggest issue is with the legal descriptions for Tracts "F" through "K" because they do not own that property yet. Options will be given for the applicant moving forward. Schroeder noted the issues with the Tracts and easements will need to be addressed before the request is sent to Council. STAFF ANALYSIS — The final plat includes the following items: a) legal description, b) SUBDIVISION property lines - dimensions, c) date, north arrow, and scale, d) ORDINANCE: easements, e) size of individual lots, f) right-of-way widths and street names, and p) deed of dedication. STAFF Therefore, staff recommends that the Request by CGA on behalf of RECOMMENDATION: Chris Fischels for the Final Plat of San Marnan Business Park First Addition in the "R-4, R-P" Planned Multiple Residence District located west of 4041 Hurst Drive, be approved for the following reasons: 1. The plat would not appear to have a negative impact on the surrounding area. 2. The plat would not appear to have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. And with the following condition(s): 1. That the plat has all accurate required information prior to the Final Plat being sent to the City Council. 2. That sidewalk be installed along the west side of Hurst Drive. San Marnan Business Park — Final Plat Pag6E0f10 Page 413 of 539 City of Waterloo Planning, Programming and Zoning Commission January 1o, 2023 'CLE R-3 <(� ace Q o ��,� Qy Gd'49 I. Nu Ip V) PORTER7.7 DR I m R-3 w x J x w re 0 w CRESTV I EW HILLTOP RD R-3 RIDGEM(1NT RD I1,C- OLYMPIC DR Cz) C-2, C-Z A-1 w ANSBOROUG 11 I TI1 Jt1 LORALIN DR A-1 Y v 73 MEADOW LN R-1 RACHAEL w J 0 HOME Q PRAIRIE _L MEADOW I CT* N2ISE BLVD ST 0 0 x INSPECT BLVD R-3, W Z R-P o. 0 I (/) w N J y t\GLENCOE AVE 73 TWOOD AVE HILLTOP RD SOUTH HILL D 1- F 0 w 0 x a R-4 R-3 w z w J J m RAPID; M _13Q S-1'- EDG PARK L R-4, C-Z HAINES AVE F Q BARRYINGTON < DR a WENDY RD RACHAEL ST R-2 0 >- co 0 O R- Q EXCELSIOR LN C-P m� TOYER PARK DR /S w SBOROUGH A B-P OLYMPIC DR ce W. SAN MARNAN DR ce r C )OWERPA r z z UK R-4 z I- z ww x a C-Z 0 z C-2,C-Z WINN ST o, c�R O? 0 w w R-2 Z EDGEMONT AVE z R-4 PR 3- C -1, C-Z C��Z • co BROO E 1 W C-1 I=4- C-1;--- E. SAN MP C-2 w J m 2 OE w ce ANDERSON DR * A-1 R-1_ A-1 KI M BALL AVE West of 4014 Hurst Drive Final Plat Request CGA on behalf of Chris Fischels 61 f7..,... Al A ..f c on City of Waterloo Planning, Programming and Zoning Commission January to, 2023 MEADOW CT W. SAN MARNAN DR W.-SAN MARNAN DR U 4 cr c)'z CO Q 111 L w d EXCELSIOR LN T. 1 W. SAN MARNAN DR W. SAN MARNAN DR W. SAN MARNAN DR W. SAN MARNAN DR -. OLYMPIC DR EXCELSIOR LN W. SAN MARNAN DR W. SAN MARNAN DR W. SANMARNAN D W.SAN MARNAN D ER PARK DR West of 4014 Hurst Drive Final Plat Request CGA on behalf of Chris Fischels CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): Chris Fischels Address: 3510 Kimball Ave, Ste H Phone: 319-234-5000 City: Waterloo State: IA Zip: 50702 Email: chrisccr�.crfre.com b. Status of Applicant: (a) Owner() (b) Other ® (SELECT ONE): If other explain: owners Representative c. Property Owner's Name if different than above (please print): John and Dan Properties LL( Address: 7404 University Ave Phone: 319-277-4500 City: Cedar Falls State: IA Zip: 50613 2. PREPARER INFORMATION: a. Preparer's Business Name (please print): Clapsaddle-Garber Associates, Inc. PrimaryPreparer's Name: Adam Daters, PE Phone: 319-266-0258 E-mail: adaters@cgaconsultants.com 3. PROPERTY INFORMATION: a. Name of Plat: San Marnan Business Park First Addition b. General Location of Property: South of San Marnan, East of Bankers Blvd and West o c. Area of Proposed Plat: 28.58 AC d. Area of Proposed Plat to be dedicated/conveyed to the City:3.19AC e. Value of area to be dedicated/conveyed to the City: f. Zoning District(s): R-4, R-P and B-P 4. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z City Council b. Six (6) copies of the Final PIat which are in conformance with Section 11-3-3 ofthe Subdivision Ord.(also submit a digital copy of the plat in PDF format) c. Three (3) copies of Deed of Dedication (must be original signatures) d. Three (3) copies of all Contract, Petition and Waiver forms (must be original signatures) e. Three(3) copies of Certificate of Survey (must be original signatures) 5. PUBLIC IMPROVEMENTS a. Costs for any public improvements: nEstimate❑Actual Total Cost Storm Sewer Sanitary Sewer Paving Land Dedicated TOTAL $ 200000 $ 200000 $ 540000 $ 940.000.00 The Request Fee of $215 + $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 undersigned certify under oath and penalty of perjury that all information on this request and submitted along with it is true and correct. All information will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. dodoop verified 12/20/22 10:25 AM CST OVQV-ANTC-HCOF-A61 M Vaer/Veeirie dotloop verified 12/20/22 11:26 AM CST R2YI-V6YG.HRSZ-9WRQ Signature of Applicant Date Signature of Owner Date 75 Page 416 of 539 SURVEYOR TRAVIS R STEWART, P.L.S. CLAPSADDLE-GARBER ASSOCIATES P.O. BOX 754 - 16 E. MAIN STREET MARSHALLTOWN, IOWA 50158 (641)752-6701 ZONING INFORMATION: CURRENT: R-4, R-P (PLANNED MULTIPLE RESIDENCE DISTRICT) AND B-P SURVEY REQUESTED BY: JOHN AND DAN PROPERTIES, LLC 7404 UNIVERSITY AVENUE CEDAR FALLS, IOWA 50613 TRACT SUMMARY: TRACT A - ROAD RIGHT-OF-WAY FOR TOWER PARK AND HURST TRACT B - ROAD RIGHT-OF-WAY FOR FISHER DRIVE OUTLOT A THRU OUTLOT F - TO BE CONVEYED TO TO ADJACENT LOTS TO THE SOUTH OUTLOT G - DETENTION OUTLOT H - DETENTION OUTLOT I - TO BE CONVEYED TO TO ADJACENT LOTS TO THE WEST OUTLOT J AND K - FUTURE DEVELOPMENT SHEET INDEX SHEET 1 COVER SHEET SHEET 2 OVERALL SHEET 3 FINAL PLAT SHEET 4 FINAL PLAT SHEET 5 DETAILS & LINE/CURVE DATA OWNERS OF RECORD JOHN AND DAN PROPERTIES, LLC 7404 UNIVERSITY AVENUE CEDAR FALLS, IOWA 50613 CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IOWA 50703 NOTES: THE CITY OF WATERLOO OWNS OUTLOTS "A" THRU F. JOHN AND DAN PROPERTIES, LLC OWN THE REMAINING PROPERTY. PREPARED DATE: DECEMBER 2022 NOTE: ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS USING IaRCS: ZONE 5 WATERLOO FINAL PLAT SAN MARNAN BUSINESS PARK FIRST ADDITION WATERLOO, IOWA LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, AND PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4, CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M.; THENCE, SO°30'26"W 33.00' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO A POINT ON THE PREVIOUSLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, CONTINUING SO°30'26"W 1290.97' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9, ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 20 (PREVIOUSLY ESTABLISHED); THENCE, N88°45'42"W 775.36' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N81°36'52"W 391.86' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N76°01'43"W 165.06' ALONG SAID NORTH RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF LOT 1 OF COUNTRY CLUB BUSINESS CENTER SECOND ADDITION; THENCE, NOO°32'34"E 771.81' ALONG THE EAST LINE OF LOT 1 AND LOT 2 OF SAID COUNTRY CLUB BUSINESS CENTER SECOND ADDITION TO A POINT ON THE NORTH RIGHT OF WAY LINE OF TOWER PARK DRIVE (PREVIOUSLY ESTABLISHED); THENCE, NORTHWESTERLY 82.18' ALONG THE ARC OF A 270.00' RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A CHORD BEARING OF N64°09'21"W AND A CHORD DISTANCE OF 81.86' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N55°26'13"W 17.26' ALONG SAID NORTH RIGHT OF WAY LINE TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF BANKERS BOULEVARD (PREVIOUSLY ESTABLISHED); THENCE, N34°33'47"E 91.13' ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE, NORTHEASTERLY 254.11' ALONG A 437.50' RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF N17°55'25"E AND A CHORD DISTANCE OF 250.55' ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE, NO°34'15"E 112.05' ALONG SAID EASTERLY RIGHT OF WAY LINE TO A POINT ON THE NEWLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE; THENCE, S88°21'17"E 1150.52' ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE, S86°14'28"E 109.53' ALONG SAID SOUTH RIGHT OF WAY LINE TO A POINT ON THE WEST RIGHT OF WAY LINE OF HURST DRIVE (PREVIOUSLY ESTABLISHED); THENCE, SO°30'33"W 25.45' ALONG SAID WEST RIGHT OF WAY LINE TO A POINT ON THE PREVIOUSLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE; THENCE, N89°48'11"E 26.01' ALONG SAID SOUTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING. CONTAINS 39.70 ACRES INCLUDING 3.19 ACRES OF ROAD RIGHT OF WAY. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. FLOODPLAIN: ZONE X AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN FIRM MAP NUMBER 19013C0303F EFFECTIVE JULY 18, 2011. EASEMENTS EASEMENTS SHALL BE AS SHOWN IN THIS DOCUMENT, AND AS FOLLOWS; 1. A UTILITY EASEMENT SHALL EXIST ON THE ENTIRETY OF OUTLOTS A, B, C, D AND E. 2. A UTILITY AND DRAINAGE EASEMENT SHALL EXIST ON THE ENTIRETY OF OUTLOT F CLOSURE: - ALL SUBDIVISION BOUNDARIES ARE WITHIN THE 1:10,000 ERROR OF CLOSURE REQUIREMENT - ALL LOTS ARE WITHIN THE 1:5000 ERROR OF CLOSURE REQUIREMENT. SECTION 4-88-13 SECTION 9-88-13 SECTION 9-88-13 (GROSS -ACRES) (ROW -ACRES) (NET -ACRES) SE1/4 SW1/4 0.49 AC 0.00 AC 0.49 AC NE1/4 NW1/4 39.02 AC 3.19 AC 35.83 AC NW1/4 NW1/4 0.19 AC 0.00 AC 0.19 AC TOTAL 39.70 AC 3.19 AC 36.49 AC () = RECORDED AS VICINITY MAP NOT TO SCALE LOT TABLE LOT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 TRACT "A" TRACT "B" OUTLOT "A" OUTLOT "B" OUTLOT "C" OUTLOT "D" OUTLOT "E" OUTLOT "F" OUTLOT "G" OUTLOT "H" OUTLOT "I" OUTLOT "J" OUTLOT "K" ACRES 1.12 1.20 1.43 1.24 1.23 1.18 1.11 1.23 4.59 1.49 1.23 1.24 1.71 1.65 2.32 0.87 0.44 0.22 0.21 0.17 0.19 0.19 1.15 0.76 0.34 8.60 2.57 SQ FT 48,584 52,129 62,332 54,003 53,738 51,520 48,457 53,469 200,089 65,091 53,502 53,801 74,506 71,702 101,060 38,055 19,350 9,679 9,338 7,337 8,303 8,434 50,273 32,895 14,836 374,655 111,872 LEGEND: (MONUMENT SYMBOLS ARE ORIENTED TO THE NORTH) 0 z 0 LL A PLSS CORNER FOUND (as noted) • PARCEL OR LOT CORNER F- LLJ uJ PLSS CORNER - 1/2" DIAMETER x 30" IRON REBAR w/ORANGE PLASTIC ID CAP (#17162) 1/2" DIAMETER x 30" IRON REBAR w/ORANGE PLASTIC ID CAP (#17162) I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly Licensed Professional Land Surveyor under the laws of the State of Iowa. Travis R. Stewart, PLS Iowa License Number 17162 My License Renewal Date is December 31, 2023 Pages or sheets covered by this seal: SHEETS1 OF 5, 2 OF 5, 3 OF 5, 4 OF 5 AND 5 OF 5 date CGA PROJECT NO.5602 1 DATE OF SURVEY: 12-16-22 DRAWN BY: CAQ FIELD CREW: xxx SHEET NO. 1 OF 5 Page 417 of 539 NW CORNER SECTION 9-88-13 FND BRASS CAP WEST LINE SW1/4 NW1/4 W 1/4 CORNER SECTICUN T 13 FND FND CUT S89°49'23'W 1324.12' NORTH LINE NW1/4 NW1/4 NW CORNER NE 1/4 NW 1/4 SECTION 9-88-13 FND CUT "X" TOWER PARK DR PARCEL " 1 I ?, P �.�1IQgSS, SE1/4 SW1/4 SEC. 4-88-13 OUTLOT "C" OUTLOT "A" OUTLOT "B" L5 PARCEL COUNTRY THIRD ADDTION CENTER0,10 neogt TE >. CP�6 Pt' LOT APPROX 1/41/4 LINE FISHER DRIVE SOUTH LINE SW1/4 NW1L RY T®DER �� 6 ADDITION LOT R gR x� t� FND 1/2" REBAR w/YPC #8505 NORTH LINE NE1/4 NW1/4 OUTLOT "H" TRACT "A" LOT 9 OUTLOT "1" TRACT"B" APPROX 1/4 1/4 LINE 2647.98' N89°56'07"E LOT 13 OUTLOT "D" S88°21'17"E 1150.52' W. SAN MARNAN DRIVE OUTLOT "E" OUTLOT "F" S89°4816'W 1323.34' WE PART- DRIV 391.86 "81 3g'52"w FND 1/2" REBAR w/ YPC #8505 LOT 10 LOT 11 OUTLOT"K" OUTLOT "J" FND 1/2" REBAR w/YPC #8505 APPROX 1/41/4 LINE L6 L7 L8 LOT 2 OUTLOT "G" LOT 12 775.36' N88°45'42' W SE CORNER NE 1/4 NW 1/4 FND 5/8" REBAR w/ IDOT ALUM DISK SOUTH LINE SE1/4 NW1/4 EAST LINE SE1/4 NW1/4 N 1/4 CORNER SECTION 9-88-13 FND 5/8" REBAR w/ ALUM CAP #12088 POINT OF COMMENCEMENT —L1 LOT R POINT OF BEGINNING iCIFen PARK 4110 LOT 2 ,IP'1,1� \'° DTP TOW FND 5/8" REBAR w/ ALUM CAP #12088 O O O O! CO N 0 r O w � t 4°�tND ttD� Curve Table CURVE DATA ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD C1 82.18' 270.00' 17°26'19" N64°09'21"W 81.86' C2 254.11' 437.50' 33216'43" N17°55'25"E 250.55' LINE DATA LINE NUMBER BEARING DISTANCE L1 SO°30'26"W 33.00' L2 S76°01'43"E 165.06' L3 N55°26'13"W 17.26' L4 N34°33'47"E 91.13' L5 NO°34'15"E 112.05' L6 S86°14'28"E 109.53' L7 SO°30'33'W 25.45' L8 N89°48'11"E 26.01' CENTER SECTION 9-88-13 FND STONE N SCALE 1 "=300' 1551 0 300' CGA PROJECT NO. 5602 1 DATE OF SURVEY: 12-16-22 DRAWN BY: CAQ FIELD CREW: root SHEET NO. 2 OF 5 Page 418 of 539 NW CORNER NE 1/4 NW 1/4 SECTION 9-88-13 FND CUT "X" / FND CUT "X' - Op L24 Ap u- a Lo a v CLUJNTRY CENBER S ITION v- ADD L15 Ll Nv- s Park 2022 Version 23\Final Plat 02 1\DWG\Survey\San Marnin B L17 23 OUTLOT "C" q s* g,0 9338 SF OUTLOT "D" OUTLOT"A"I A' OUTLOT '�B" AC 7337 SF OUTLOT "F" 19350 SF C 0.219679 SF 0.17 AC 8434 SF 290.144 AC S0.22 AC $150.5i'E W. SAN MARNAN DRIVE 0.19 AC 0 N89°48'11 "E 297.09' LOT 7 10.00'PUE 48457 SF 167.62' - NORTH LINE NE1/4 NW1/4 N89°48'11 "E o r 0 1.11 AC o0 oZ 33' WIDE INGRESS/EGRESS EASEMENT ir 2,338 SQ FT/ 0.05 ACRESil / / 317.06' o S89°48'16"W rs'ST LOT 8 FASFMFN�p9k� �q 53469 SF 1.23 AC 30.00' SANITARY SEWER EASEMENT 230.07' N86°01'34"W 96.48' N84°38'27"W OUTLOT "H" 32895 SF L14 0.76 AC C21 SEE DETAIL #1 _ SHEET 5 _ C26 — C9' T LOT 9 „----OUTLOT "I" 200089 SF 14836 SF 4.59 AC 0.34 AC 167.53' LOT 6 51520 SF 1.18 AC -05- TRACT "A" 101060 SF 2.32 AC 0 I L6 178.98' N89°48'11 "E C29 C27 178.89' LOT 5 53738 SF z 1.23 AC W CL d CD O a 0 C4 -C11. LOT 10 65091 SF 1.49 AC 156.93' S89°48'16"W 1323.34' N89°48'11 "E 20.00' STORM WATER EASEMENT 209.26' N87°42'25"W Lri 156.70' LOT 4 54003 SF 1.24 AC I 0-5 N 0 0 z 42 202.57' — N89°48'11 "E 0 rn 202.29' OUTLOT "E" 8303 SF 0.19 AC LOT 3 62332 SF • 1• .43 AC z L27 m N r 0 O LOT11 co W 53502 SF O W 1.23 AC 40.00' STORM WATER EASEMENT I\ N3 32gw N 1/4 CORNER — SECTION 9-88-13 FND 5/8" REBAR w/ ALUM CAP #12088 POINT OF COMMENCEMENT 148.11' N89°48'11 "E S86°14'28"E 109.53' N 0 20.00' SANITARY SEWER EASEMENT 3q N cO 0 O OCD 00 v 257.32' LOT 2 48584 SF 1.12 AC N90°00'00'W 256.65' OUTLOT "G" 50273 SF 1.15 AC S89°52'17"E OD C30 254.53' LOT 1 52129 SF 1.20 AC C1 — rn c28 TOWER PARK DRIVE c14 FND 5/8" REBAR w/ ALUM CAP #12088 LOT 12 53801 SF 1.24 AC — 308.92' — N83°59'23"W 10.00' PUE L12 L11 z vvoel LOT 1 TOWER PARR LOT 2 L18 TOWER SCALE 1 "=100' 1 00 ' CGA PROJECT NO. 5602 1 DATE OF SURVEY: 12-16-22 DRAWN BY: CAQ FIELD CREW: xxx SHEET NO. 3 OF 5 Page 419 of 539 L15 RS CENTER > ADDITION E� R p1 �pS LOT 2 W � M M 7-73. IBC R RCLUB S ENTER ADDITION LOT 1 L14 0.76 AC _ — 'o • APPROX 1/41/4 LINE 0 N 0') C23 < re OUTLOT "H" 32895 SF /• • M 0 z • — C21 SEE DETAIL #1 _ SHEET 5 C26 — C9' OUTLOT "I" 14836 SF 0.34 AC `7834r N6 ISM' 32pr?Iv 2o, 86,90, LOT 13 74506 SF 1.71 AC FND 1/2" REBAR w/YPC #8505 N7g 0y,43,W FND 1/2" REBAR w/ YPC #8505 C16 M • • LOT 9 200089 SF 4.59 AC 61.46' NORTH ROW US #20 US #20 TO r� TRACT "A" 101060 SF 2.32 AC TRACT "B" 38055 SF 0.87 AC 0 M 0 C15 -C17. C27 0 0- Lo Lo C31 C32 LOT 14 71702 SF 1.65 AC 330.40' 391.86' N81 °36'520W L6 0LP 0 LP 0M 0 mo 0 • 1 C18 • C19 1 1 SZORMwATEF —►1 20 9°u,SE.WV • a 0 CO LOT 10 65091 SF 1.49 AC 20.00' STORM WATER EASEMENT 209.26' N87°42'25"W FND 1/2" REBAR w/ YPC #8505 •• LID CO 42 72 Nsr°r , r •9663 47 / • C2 C13 LOT 11 53502 SF 1.23 AC 40.00' STORM WATER EASEMENT N73053,291,11 IA I A 9 Sic . C35 • w 0 0 0 34, N CO 0 O LOT 1 L. a 52129 SF 1.20 AC C30 C1— N c28 TOWER PARK DRIVE c1a FND 5/8" REBAR w/ ALUM CAP #12088 LOT 12 53801 SF 1.24 AC OUTLOT "K" 111872 SF 2.57 AC 212.67' L28 N80°1424"W OUTLOT "J" 374655 SF 8.60 AC 308.92' — N83°5923"W • APPROX 1/4 1/4 LINE 775.36' N88°45'42"W 10.00' PUE CO 0 0 0- L12 r C36 • 93.04' S87°51'09"W CV 00 SE CORNER NE 1/4 NW 1/4 FND 5/8" REBAR w/ IDOT ALUM DISK 0 • NO°3026"E 1323.97' LOT 2 TOWER N SCALE 1 "=100' 0 100' CGA PROJECT NO.5602 1 DATE OF SURVEY: 12-16-22 DRAWN BY: CAQ FIELD CREW: xxx SHEET NO. 4 OF 5 Page 420 of 539 Curve Table CURVE DATA ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD C1 278.00' 580.24' 27°27'04" S85°17'21 "E 275.35' C2 17.35' 580.24' 1 °42'46" S62°03'05"E 17.35' C3 130.53' 562.82' 13°17'18" N67°50'20"W 130.24' C4 180.84' 562.82' 18°24'34" N83°41'16"W 180.06' C5 171.57' 562.82' 17°27'57" S78°22'28"W 170.90' C6 51.64' 562.82' 5°15'26" S67°00'47"W 51.63' C7 134.11' 437.50' 17033'48" N25°46'53"E 133.59' C8 130.77' 437.50' 17°07'34" N8°26'12"E 130.29' C9 218.84' 311.61' 40°14'18" N78°17'19"E 214.37' C10 221.12' 502.82' 25011'45" S72°15'37"W 219.34' C11 264.81' 502.82' 30°10'28" N80°03'16"W 261.76' C12 33.11' 502.82' 3°46'21" N63°04'52"W 33.10' C13 98.90' 640.24' 8°51'01" S65°37'12"E 98.80' C14 313.66' 640.24' 28°04'12" S84°04'49"E 310.53' C15 213.17' 370.00' 33°00'34" S80°47'19"E 210.23' C16 4.12' 435.99' 0°32'31" S64°33'16"E 4.12' C18 42.64' 370.00' 6°36'09" N79°24'20"E 42.61' C19 61.31' 436.00' 8003'26" S80°07'58"W 61.26' C20 46.39' 562.82' 4°43'20" S62°01'24"W 46.37' C21 224.66' 251.61' 51009'31" N83°34'49"E 217.27' C22 82.18' 270.00' 17°26'19" N64°09'21"W 81.86' C23 51.29' 311.61' 9°25'49" S76°52'38"E 51.23' C26 270.13' 311.61' 49°40'07" N83°00'13"E 261.75' C27 519.01' 502.82' 59°08'26" S89°14'06"W 496.28' C28 412.56' 640.24' 36°55'12" S79°39'18"E 405.46' C29 580.97' 562.82' 59°08'34" S89°14'01 "W 555.52' C30 383.00' 580.27' 37°49'04" S80°06'17"E 376.09' C31 255.81' 370.00' 39036'45" S84°05'23"E 250.74' C32 301.44' 436.00' 39°36'45" S84°05'23"E 295.47' C33 254.11' 437.50' 33°16'43" N17°55'25"E 250.55' C34 87.66' 580.24' 8°39'22" S67°14'08"E 87.58' C35 181.66' 440.00' 23°39'21" S87°55'55"W 180.38' C36 113.41' 545.00' 11°55'23" N86°12'06"W 113.21' LINE DATA LINE NUMBER BEARING DISTANCE L1 N43°53'58"E 31.12' L2 N61°11'41"W 39.99' L3 NO°34'12"E 31.28' L4 N25°36'56"W 30.39' L5 N59°39'44"E 25.71' L6 N89°35'12"W 25.72' L7 N64°17'13"W 74.51' L8 S64°16'48"E 75.60' L9 S55°26'13"E 17.26' L10 S0°30'33"W 25.45' L11 N89°48'11"E 26.01' L12 N89°29'34"W 26.00' L13 S59°39'44"W 26.54' L14 N70°50'26"W 13.00' L15 NO°32'34"E 2.27' L16 S63°20'17"E 55.69' L17 N34°33'47"E 18.52' L18 NO°30'26"E 13.09' L19 SO°18'13"W 37.77' L20 SO°00'19"E 44.28' L21 SO°11'44"E 49.32' L22 SO°11'34"E 55.08' L23 SO°11'44"E 60.47' L24 N89°59'23"E 37.50' L25 SO°30'26"W 33.00' L26 NO°34'15"E 112.05' L27 N90°00'00"E 31.81' L28 S76°06'15"W 8.40' L15 � L14 DETAIL #1 CGA PROJECT NO.5602 1 DATE OF SURVEY: 12-16-22 DRAWN BY: CAQ FIELD CREW: xxx SHEET NO. 5 OF 5 Page 421 of 539 CERTIFICATE OF SURVEY I, Travis R. Stewart, a duly Licensed Land Surveyor in the State of Iowa, do hereby certify that I have made a survey of property to be known as: "SAN MARNAN BUSINESS PARK FIRST ADDITION" Section 9-T88N-R13W Section 4-T88N-R13W Waterloo. Black Hawk County, Iowa SAID PROPERTY IS LEGALLY DESCRIBED AS: A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9 AND PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4 ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5th P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M.; THENCE, S0°30'26"W 33.00' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO A POINT ON THE PREVIOUSLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, CONTINUING SO°30'26"W 540.68' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF TOWER PARK DRIVE (PREVIOUSLY ESTABLISHED); THENCE, CONTINUING S00°30'26"W 205.20' ALONG SAID EAST LINE; THENCE, N89°29'34"W 26.00"; THENCE, N83°59'23"W 308.92'; THENCE, N73°53'29"W 275.53'; THENCE, N87°42'25"W 209.26'; THENCE, N89°35'12"W 25.72'; THENCE, S00°31'50"W 306.64'; THENCE, NORTHEASTERLY 42.64' ALONG THE ARC OF A 370.00' RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF N79°24'20"E AND A CHORD DISTANCE OF 42.61'; THENCE, Si °53'45"E 66.00'; THENCE, SOUTHWESTERLY 61.31' ALONG THE ARC OF A 436.00' RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF S80°07'58"W AND A CHORD DISTANCE OF 61.26'; THENCE, S12°03'19"E 278.68' TO A POINT ON THE NORTH RIGHT OF WAY LINE OF US #20 (PREVIOUSLY ESTABLISHED); THENCE, N81°36'52"W 391.86' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N76°01'43"W 165.06' ALONG SAID NORTH RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF LOT 1 OF COUNTRY CLUB BUSINESS CENTER SECOND ADDITION; THENCE, N00°32'34"E 771.81' ALONG THE EAST LINE OF LOT 1 AND LOT 2 OF SAID COUNTRY CLUB BUSINESS CENTER SECOND ADDITION TO A POINT ON THE NORTH RIGHT OF WAY LINE OF TOWER Page 422 of 539 PARK DRIVE (PREVIOUSLY ESTABLISHED); THENCE, NORTHWESTERLY 82.18' ALONG THE ARC OF A 270.00' RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A CHORD BEARING OF N64°09'21"W AND A CHORD DISTANCE OF 81.86' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N55°26'13"W 17.26' ALONG SAID NORTH RIGHT OF WAY LINE TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF BANKERS BOULEVARD (PREVIOUSLY ESTABLISHED); THENCE, N34°33'47"E 91.13' ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE, NORTHEASTERLY 254.11' ALONG A 437.50' RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF N17°55'25"E AND A CHORD DISTANCE OF 250.22' ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE, NO°34'15"E 112.05' ALONG SAID EASTERLY RIGHT OF WAY LINE TO A POINT ON THE NEWLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE; THENCE, S88°21'17"E 1150.52' ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE, S86°14'28"E 109.53' ALONG SAID SOUTH RIGHT OF WAY LINE TO A POINT ON THE WEST RIGHT OF WAY LINE OF HURST DRIVE (PREVIOUSLY ESTABLISHED); THENCE, SO°30'33"W 25.45' ALONG SAID WEST RIGHT OF WAY LINE TO A POINT ON THE PREVIOUSLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE; THENCE, N89°48'11"E 26.01' ALONG SAID PREVIOUS SOUTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING. CONTAINS 28.58 ACRES INCLUDING 3.19 ACRES OF ROAD RIGHT OF WAY. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. Travis R. Stewart, PLS Iowa License Number 17162 My license renewal date is December 31, 2023. Date Page 2/2 Page 423 of 539 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS; That John & Dan Properties, LLC, an Iowa Limited Liability Company, and the City of Waterloo, Iowa, being desirous of laying out and platting into lots and streets the land described in the attached Certificate of Survey of Clappsaddle-Garber Associates, Inc. dated , 2023, attached hereto as Exhibit "A" and by this reference made a part hereof, does by these presents designate and set apart the aforesaid premises as an addition to the City of Waterloo, Black Hawk County, Iowa, to be hereafter known and designated as San Marnan Business Park 1st Addition, Waterloo, Black Hawk County, Iowa, all of which is with the free consent and desire of said John & Dan Properties, LLC. The owner does hereby dedicate and set apart and does grant and convey to the City of Waterloo for public use the streets as shown upon the attached plat. That John & Dan Properties, LLC, and the City of Waterloo, Iowa, are the owners of the property described as shown in the Certificate of Survey filed herewith. Be it further known that John & Dan Properties, LLC, and the City of Waterloo, Iowa do hereby covenant and agree for themselves, their successors and assigns, that all of the lots in said addition are hereby made subject to the following covenants, restrictions and easements upon their use and occupancy as if the same were contained in every instrument that they or their successors in interest may execute concerning said lots, and said restrictions, covenants and easements shall run with the land for the length of time and in the particulars hereinafter stated, to wit: 1. All lots in this Addition shall be governed by Zoning Ordinances of the City of Waterloo, Black Hawk County, Iowa, and all buildings thereon shall meet the minimum restrictions of said zoning ordinances. 2. No building or other structure or improvement shall be erected on any lot nearer to any property line than the building set -back lines as shown on the attached plat, and where no building set -back lines are indicated on the plat, the provisions of the zoning ordinances of the City of Waterloo, Black Hawk County, Iowa, in force and effect at the time of the erection of the building, structure or improvement shall govern the building set -back lines. 3. No trailer, basement, tent, shack or barn shall be used temporarily or permanently in the Addition. However, temporary structures will be allowed to be used only as construction offices. The temporary structures must be removed within two (2) years after placement. 4. No site or lot shall be used for any purpose, business or activity which is considered dangerous or unsafe, is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes or noise or otherwise, or which constitutes or may become a nuisance to the remainder of the Addition or to owners of property surrounding the Addition. Page 424 of 539 5. A lot may be split or divided in a fashion to provide for more lot area when added to an adjoining lot or to provide for the sale of a part of a lot to a third party not owning an adjoining lot; provided, however, that at minimum, no lot as the result of such splitting or dividing shall contain less than one acre in size. 6. The titleholder of each lot, vacant or improved, shall keep the lot free from weeds and debris and shall maintain that part of the dedicated street shown upon the attached plat adjacent to the titleholder's property and lying between said property and the paved roadway. 7. All vehicle parking must be provided for within the property boundaries and must be set back from all property line with street frontage a minimum of ten (10). Trucks and delivery trailers must be able to maneuver on the building site without using part of the street. Overnight parking of trucks as well as on -street parking of any vehicle type will not be permitted. The entire area for auto and truck parking and maneuvering shall be paved. 8. Outside storage will not be allowed. 9. Outside display of any type, other than business signage, will not be allowed. 10. All landscaping will be governed by the Highway 20 Corridor Overlay District ordinance of the City of Waterloo, Iowa, as same may be amended. 11. Exteriors shall be brick, stone, EIFS, stucco, decorative concrete block, architectural precast concrete, glass, or a combination thereof Roofing can be asphalt/metal shingles, built-up, single ply membrane, or standing seam metal. Colors shall be earth tone: browns, tans, and muted reds, greens, yellows and oranges. Glazed facing and bright colors will be prohibited. All plans and color schemes must be reviewed and approved by a Design Committee designated by the Developer a minimum of thirty days prior to the start of construction. In the event that the Developer is no longer the owner of a lot in this Addition and has disbanded the design committee, future construction thereafter must be reasonably compatible to that on other lots in the Addition. 12. No lot -enclosing or perimeter fences or other barriers of any type shall be erected. Fencing lower than 4' and shorter in run than 12' may be used for other purposes. Additionally, fences for enclosing dumpsters or other waste containers and for providing privacy for outdoor facilities peculiar to legal business purposes of a lot owner may be sufficiently higher to accomplish the desired purpose. 13. All properties with frontage abutting West San Marnan Drive are restricted to using low-level monument signs. These signs are further restricted to a face size of 12' long and 4' high with a masonry base of material similar to the building type. Pole signs will be permitted on all other lots with their construction and height limitations governed by the Highway 20 Corridor Overlay District ordinance of the City of Waterloo, as same may be amended. Wall signs for any structure are to match graphics used for monument or pole sign and be governed by the Highway 20 Corridor Overlay District ordinance of the City of Waterloo, as same may be amended. No window or miscellaneous mobile advertising will be allowed. Page 425 of 539 14. There shall be no direct access from any Lot in the Addition to West San Marnan Drive. 15. A perpetual easement is hereby granted to any public or private corporation, firm or person furnishing utilities, water, sanitary sewer, storm sewer, gas, electricity, communication services, or stormwater detention over the easement areas indicated on the plat. The agents and employees of any such public or private corporation shall have the right to reasonable access to said easements, 16. Outlot G identified on Exhibit "A" shall be owned by, preserved by and maintained by Association A, a non-profit membership corporation organized and existing under Chapter 504, Code of Iowa. All owners of Lots 1-3, 11, 12, and Lots developed in Tract K shall automatically be members of Association A. Membership in this Association shall automatically cease upon termination of such ownership interest. All owners of lots in the Association shall be bound by and strictly comply with the provisions of the Bylaws of their Association and all rules and regulations and all profit agreements and determinations lawfully made by their Association and its directors, officers, or agents. 17. Outlot H identified on Exhibit "A" shall be owned by, preserved by and maintained by Association B, a non-profit membership corporation organized and existing under Chapter 504, Code of Iowa. All owners of Lots 7-9 shall automatically be members of Association B. The owner of Outlot I shall be exempt from membership. Membership in this Association shall automatically cease upon termination of such ownership interest. All owners of lots in the Association shall be bound by and strictly comply with the provisions of the Bylaws of their Association and all rules and regulations and all profit agreements and determinations lawfully made by their Association and its directors, officers, or agents. 18. At such time as any structure is or has previously been constructed on any lot, combination of lots, or portion of lots, in said Addition, a Portland Cement Concrete sidewalk or recreational trail will be constructed along the street frontages as follows: Sidewalks: The northerly side of Outlot I and Lots 9, 10, 11 and 12 The east side of Outlot G and Lots 1, 2 and 12 Trails: The northerly side of Lots 13 and 14 The sidewalk shown on Exhibit "A" on the East side of Outlot G shall be built by John & Dan Properties, LLC, and maintained, repaired and replaced by Association A. The sidewalk located on Outlot I shall be built by John & Dan Properties, LLC, and maintained, repaired and replaced by the owner of Outlot I. All other sidewalks and trails shown on Exhibit "A" shall be the responsibility of the Lot owner over whose Lot the sidewalk or trail passes for the cost of building same and for all repair, maintenance, and replacement of same. The sidewalks will be a 5-foot-wide Portland Cement Concrete sidewalk, and the trails shall be a 10-foot wide trail Portland Cement Concrete trail, each of the foregoing with a minimum thickness Page 426 of 539 of four inches, except that sidewalk or trail thickness through driveways shall be a minimum thickness of six inches or match the thickness of the driveway if greater than six inches, across the full length of all street frontages of the lots as defined above, and extend to match the end of existing sidewalk(s)/trail(s) on adjoining lots where sidewalk or trail exists. Said sidewalk or trail shall also be required to be constructed across all street frontages of two (2) or more adjoining lots, or portions thereof, when any owner has acquired said two (2) or more adjoining lots, or portions thereof, upon construction upon one (1) or more lots, or portions thereof, all as required by the City of Waterloo, Iowa. The sidewalk or trail shall be constructed during or immediately after the construction on a lot, or portions of lots as previously described, in the Addition, but before issuance of an Occupancy Permit from the City of Waterloo, Iowa. Notwithstanding the foregoing, the Developer shall be responsible for installation of said sidewalks or trails on any vacant lots remaining and owned five (5) years after the date of final approval of the plat, as soon as the construction season permits. Responsibility for installation of sidewalks and trails as set forth above shall include the construction of handicap access ramps at intersections and as required by the City of Waterloo, Iowa. 19. The owner of Lot 7 shall have a private easement over Lot 8 for drainage access to Outlot H, as shown on Exhibit "A". This easement shall be maintained by the owner of Lot 7. 20. The owner of Lot 8 shall be permitted to direct undetained runoff to Outlot H. The owner of Lot 7 shall utilize a private storm sewer pipe located on the Bankers Blvd frontage to convey up to the 100-year runoff to Outlot H. The owner of Lot 9 shall be permitted to utilize the remaining capacity of the detention facility on Outlot H for detention purposes with the remaining required detention provided by the owner of Lot 9 on said Lot 9. The owners of Lots 1-3, 11-12 and Tract K shall be permitted to direct undetained runoff to Outlot G, with the direct runoff from Lots 11, 12 and Tract K to be directed across the drainage swales shared between Lots 11 and 12 and Tract K. 21. Outlots A through F will be incorporated into the adjacent Lots and will become part of each Lot's individual stormwater management plan as developed. Drainage discharge on Lots 4, 5, 6, 10, 13 and 14 will become part of the stormwater management plans for each Lot as developed, with appropriate use of the West San Marnan right-of-way ditch and the storm sewer systems on Tower Park Drive. Detained runoff on Lot 10 will discharge into the storm sewer pipe that is run to that Lot. Detained runoff on Lots 13 and 14 will ultimately discharge either into the Highway 20 right-of-way or into the storm sewer system on Fisher Drive. All of the above will depend upon the City of Waterloo's approved stormwater management plan for the development process of each individual Lot. 22. The owners of Lots 7 and 8 will share the use of and the maintenance cost of the easement located on Lot 8 for ingress and egress to and from Bankers Blvd as shown on Exhibit 23. These covenants, restrictions and easements shall run with the land and shall be binding upon the present owner and all persons claiming under it for a period of twenty-one (21) years following the recording of this Deed of Dedication. Any extension of said period must be done according to and shall be controlled by the laws of the State of Iowa. Page 427 of 539 24. If the present owners or their successors or assigns shall violate or attempt to violate any of the covenants, restrictions and easement herein contained while same remain in force, it shall be lawful for any person or corporation owning lots in said Addition to prosecute any proceedings at law or in equity against any person, firm or corporation violating or attempting to violate said restrictions and either to prevent said violation or attempted violation or to recover damages for said violation. Invalidation of any of these covenants by judgment or decree shall not affect any of said covenants not so specifically invalidated, and all other covenants not specifically invalidated shall remain in full force and effect. However, if, for any reason, a court finds that any portion of these covenants, restrictions and easements are invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. Dated day of , 2023 John & Dan Properties, LLC By: Its: Authorized Member/Manager Page 428 of 539 CONTRACT This Agreement entered into this day of , 20 , by the City of Waterloo, Iowa, hereinafter referred to as First Party and John and Dan Properties, LLC. , hereinafter referred to as Second Party. THAT WHEREAS, the Second Party has filed with the City Planning, Programming, and Zoning Commission of the City of Waterloo, Iowa, a final plat which must be approved by the City Council of Waterloo, Iowa, and WHEREAS, said addition is to be known as San Marnan Business Park First Addition , and WHEREAS, it is the desire of the City Council of the City of Waterloo, Iowa, that sanitary sewers, storm sewers, curb and gutter, street paving and concrete sidewalks be installed throughout said addition and that the streets in said addition be brought to grade acceptable to the Council of the City of Waterloo, Iowa, and that all work above referred to be done under the supervision and direction of a civil engineer registered in the state of Iowa, and WHEREAS, Second Party is unable to complete the installation of said above referred to improvements and the grading of the streets in said addition at this time and desire, in lieu of completion of said improvements to enter into this Agreement with the City of Waterloo, Iowa, providing for the completion of said improvements within a fixed period of time. NOW THEREFORE, it is agreed as follows: that in consideration of the approval by the City Council of the City of Waterloo, Iowa, of the above -described final plat, Second Party at its sole expense, agrees to bring the streets in said addition to such grade as is now or shall hereafter be established by the City Council and the City Engineer of Waterloo, Iowa, and to install and construct throughout said addition the sanitary sewers, storm sewers, curb and gutter, street paving and concrete sidewalks, all in accordance with the preliminary plat, heretofore filed with the City Planning, Programming, and Zoning Commission and with the City Clerk of Waterloo, Iowa, and it is further agreed that the actual construction of said improvements shall be done in the manner provided by law and in accordance with City Ordinances pertaining thereto and under the supervision of a civil engineer registered in the state of Iowa. IT IS FURTHER AGREED, that concurrently with the execution of this Contract Second Party has executed and caused to be filed with the City of Waterloo, Iowa, his request for sanitary sewer, storm sewer, curb and gutter, street paving and sidewalk construction Petition and Waiver of Notice, Hearing and Assessments thereon for the sole purpose of allowing the City of Waterloo to proceed to construct the said public improvements and assess the costs thereof against the benefited property of the addition in the event that the Second Party fails to comply with the provisions of this Contract. IT IS FURTHER AGREED, that said improvements shall be completed no later than the day of , 20 , and the City of Waterloo is hereby specifically authorized to proceed to have any improvement covered by this Agreement completed any time after said date. WITNESS our signatures hereto this day of ,20 CITY OF WATERLOO, IOWA By: By: Mayor ATTEST: By: By: City Clerk SECOND PARTY FIRST PARTY Page 429 of 539 PETITION AND WAIVER THIS AGREEMENT made and entered into by and between the City of Waterloo, Iowa, hereinafter called the City, and the undersigned property owners in said City, hereinafter called the Property Owners, WITNESSETH: WHEREAS, each of the Property Owners is respectively the owner of the tracts of real estate set opposite their names; and, WHEREAS, the City proposes to construct San Marnan Business Park First Addition improvements in said City; and WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their respective properties hereinafter described opposite their names, the general description and location of said improvements being as follows: Plan of Improvements for "San Marnan Business Park First Addition" to the City of Waterloo, Black Hawk County, Iowa, as approved by the City of Waterloo, Iowa The properties to be assessed are described as follows: San Marnan Business Park First Addition, Lots 1-14 NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable the City shall have the right to cause said above described improvements to be constructed in accordance with in all respects, with such plans and specifications for the above described improvements as it shall deem appropriate. The construction of said improvements shall be under the supervision of a civil engineer registered in the state of Iowa. For the purpose hereinbefore set out, the City may elect to enter into contract for the construction of said improvements as a part of any contract for a public improvement project made pursuant to advertisement for bids done prior to the receipt of this instrument by the Council, if authorized by Section 384.41(2) of the City Code of Iowa. In consideration of the construction of the said improvement, the undersigned Property Owners hereby waive the Resolution of Necessity and publication of Notice thereof, the Resolution ordering the work, the advertisement for bids, and the publication of Notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said improvements where the expense of such improvements is to be assessed against the abutting or adjacent property. The undersigned Property Owners each and all hereby expressly waive each and every question of jurisdiction, the intention of the Property Owners being to authorize and direct said City to construct the said improvement without any of the formalities or legal proceedings required of cities by the statutes of Iowa in constructing like improvements. The express intention of each of the undersigned Property Owners being that said above described improvements shall be constructed as aforesaid as if each and every legal requirement pertaining thereto was fully and faithfully observed and performed. It is further agreed that said City may make a contract for construction of the above described improvements, as herein provided and that when said improvements have been constructed in accordance with the plans and specifications for the said improvements, to be adopted by the council, that said city by and through its Council may make assessments against the properties of the undersigned Property Owners for the entire cost of the construction of said improvements, including the cost of engineering, supervision, and preparation of assessment schedule, and that said assessments so made shall be a lien upon the properties hereinafter described of the undersigned Property Owners, and each of the undersigned Property Owners hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. Each of the undersigned Property Owners hereby expressly waive every objection to said assessment. Said assessment shall be paid by the undersigned Property Owners within the time provided by the laws of Iowa for the payment of special assessments for such improvements. Petition and Waiver Page 1 of 3 Page 430 of 539 The amount and proportion of the cost of said improvements, to be paid by the several Property Owners, shall be ascertained and determined by the Engineers and by them reported to the City Council which shall make such changes or alterations in said assessment as should be made and when said assessments are finally passed by the Council and by it levied, they shall constitute the assessments against the said properties in all respects and with all the effect that they would have pertaining to public improvements to be paid for by special assessments, had been fully observed. Said assessments shall be paid by the undersigned Property Owners within the time provided by law for the payment of special assessments for such improvements, and improvement bonds may be issued by the City payable out of said assessments. Said Property Owners hereby authorize the Council of the City of Waterloo, Iowa, to pass any Resolution requisite or necessary to order and secure said improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owners, or any of them, and any such Resolution may contain recitals that said improvements are ordered or made by the Council without petition of property owners, without in any way qualifying this petition or releasing the Property Owners from their obligation to pay the assessments levied against their property for the cost of said improvements. Each Property Owner warrants that his real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Petition and Waiver. Each Property Owner further agrees to subordinate the sale of any part of his said property to the terms of this Petition and Waiver, and, upon failure to do so, to pay the full amount of the assessment on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Property Owners agree that this Petition and Waiver shall be effective and binding from and after the approval hereof by resolution of the City Council. 20 IN WITNESS WHEREOF, we have hereunto affixed our signature this day of (SIGNATURE OF PROPERTY OWNER) Name By: (SIGNATURE OF LIENHOLDER) Name Petition and Waiver Page 2 of 3 Page 431 of 539 STATE OF IOWA SS BLACK HAWK COUNTY) On this day of , 20 , before me, , a Notary Public, in and for the County of Black Hawk, State of Iowa, personally appeared To me known to be the person(s) named in and who executed the foregoing instrument and acknowledged that he (they) executed the same as his (their) voluntary act and deed. NOTARY PUBLIC IN AND FOR BLACK HAWK COUNTY, IOWA. Petition and Waiver Page 3 of 3 Page 432 of 539 CITY OF ktyWATERLOO Engineering February 21, 2023 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 715 Mulberry St, Waterloo, IA 50703 Q Phone: (319) 291-4312 L. CITYO FWATERLOOIOWA.COM RE: FINAL PLAT SAN MARNAN BUSINESS PARK FIRST ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Dennis Jentz, P.Ix: Assistant City Engineer CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to the approval of the Minor Plat of a replat of a portion of Lot 47 of Behm Addition, a three -lot residential subdivision in the "R-2" One and Two Family Residence District located at 1001, 1021, and 1129 Archer Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution granting a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to the approval of the Minor Plat of a replat of a portion of Lot 47 of Behm Addition, a three -lot residential subdivision in the "R-2" One and Two Family Residence District located at 1001, 1021, and 1129 Archer Avenue, to allow approval of the Plat of Survey that does not meet all requirements for a preliminary and final plat, but given the minor nature of the plat the additional information would not appear to be needed. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 434 of 539 LEGAL DESCRIPTION ATTACHMENTS None Page 435 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving a request by Mike Cook for the Minor Plat of a replat of a portion of Lot 47 of Behm Addition, a three -lot residential subdivision in the "R-2" One and Two Family Residence District located at 1001, 1021, and 1129 Archer Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to plat the property in question for the purpose of separating the 3 residential homes from the remaining agricultural land. The plat is comprised of three lots which include Parcel "I" (1001 Archer Avenue) at 0.56 acres, Parcel "J" (1021 Archer Avenue) at 0.56 acres, and Parcel "K" (1129 Archer) at 0.32 acres for a total of 1.44 acres. The proposed parcels meet all the requirements of the "R-2" One and Two Family Residence District. Parcel "I" will include two detached accessory structures that have a total square footage of 1164 which is less than the 1463 square feet allowed, Lot "J" has no detached accessory structures, and Lot "K" has a single accessory structure at 576 feet which is Tess than the 850 square feet permitted by the Zoning Ordinance. The Subdivision Ordinance requires that Plat submissions include such criteria as boundaries of property, proposed streets, easements, widths of right-of-way, utility locations, contours as well as surrounding land uses. The plat does not contain all details required, however given the minor nature of the split, additional information would not appear to be needed, as the plat is in accordance with the intent of the subdivision ordinance. There will be a separate action to consider granting a variance to the requirements of the subdivision ordinance given that the plat does not meet all of the criteria. NEIGHBORHOOD IMPACT There should be no neighborhood impact as the homes have existed for many years and they are only separating those homes from the larger plot of land. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 436 of 539 COMMUNITY ENGAGEMENT METHODS The item was heard by the Planning, Programming, and Zoning Commission on February 14, 2023 and there was no opposition. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel "I" Legal Description: That part of Lot No. Forty-seven (47) in Behm Addition in Black Hawk County, Iowa, now in the City of Waterloo, Iowa, described as follows: Commencing at the Southwest Corner of said Lot 47; thence N00°02'12"W 60.00 feet along the West line of said Lot 47 to the Point of Beginning; thence N00°02'12"W 225.00 feet along the West line of said Lot 47; thence S61°40'53"E 146.58 feet; thence S00°02'12"E 155.84 feet; thence N89°49'58"W 129.00 feet to the Point of Beginning, containing 0.56 acres. Parcel "J" Legal Description: That part of Lot No. Forty-seven (47) in Behm Addition in Black Hawk County, Iowa, now in the City of Waterloo, Iowa, described as follows: Commencing at the Southwest Corner of said Lot 47; thence N00°02'12"W 60.00 feet along the West line of said Lot 47; thence S89°49'58"E 129.00 feet to the Point of Beginning; thence N00°02'12"W 155.84 feet; thence S89°49'58"E 156.00 feet; thence S00°02'12"E 156.00 feet; thence N89°37'44"W 44.81 feet; thence N89°49'58"W 111.19 feet to the Point of Beginning, containing 0.56 acres. Parcel "K" Legal Description: That part of Lot No. Forty-seven (47) in Behm Addition in Black Hawk County, Iowa, now in the City of Waterloo, Iowa, described as follows: Beginning at the Southeast Corner of said Lot 47, Behm Addition; thence N89°37'44"W 130.00 feet along the South line of said Lot 47; thence N00°05'31 "E 150.00 feet; thence S89°37'44"E 130.00 feet to the East line of said Lot 47; thence S00°05'31 "W 150.00 feet along the East line to the Southeast Corner of said Lot 47 and the Point of Beginning, containing 0.45 acres. Proposed Private Ingress / Egress Easement Legal Description: That part of Lot No. Forty-seven (47) in Behm Addition in Black Hawk County, Iowa, now in the City of Waterloo, Iowa, described as follows: Beginning at the Northwest Corner of Lot 38, Behm Addition; thence N00°02'12"W 60.00 feet; thence S89°37'44"E 231.90 feet; thence S00°05'31 "W 60.00 feet to the South line of said Lot 47; thence N89°37'44"W 231.76 feet along the South line of said Lot 47 to the Point of Beginning, containing 0.32 acres. ATTACHMENTS 1. Council Packet Page 437 of 539 REQUEST: APPLICANT(S): SURVEYOR: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS AND COMPLETE STREETS POLICY: RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: February 14, 2023 Request by Mike Cook for the Minor Plat of Cook Subdivision a replat of a portion of Lot 47 of Behm Addition, a three -lot residential subdivision in the "R-2" One and Two Family Residence District located at 1001, 1021, and 1129 Archer Avenue. Mike Cook, 3511 Sage Road, Waterloo, Iowa 50703 Matthew Kofta, P.L.S., VJ Engineering, 1501 Technology Parkway, Suite 100, Cedar Falls, Iowa 50613 The applicant is requesting to plat the property in question for the purpose of separating the residential from the remaining agricultural land. The request would not have a negative impact on the neighborhood, as the area is composed of single-family homes, agricultural, and vacant land. In addition, the platted lots have had homes on them since 1924, 1979, & 1968 respectively. The request would not appear to have a negative impact on traffic or pedestrian conditions in the area. The area is served by Creston Avenue, Gilbert Street, and Archer Avenue, which are all local streets. 1129 Archer is served by private Archer Avenue. There are no sidewalks in the area. There are no trails near the site in question. The site in question is zoned "R-2" One and Two Family Residence District and has been zoned as such since the adoption of the Zoning Ordinance. The surrounding properties zoning and uses are as follows: North: Agricultural and vacant land zoned "R-2" One and Two Family Residence District and "A-1"Agricultural District. East: Residential zoned "R-2" One and Two Family Residence District. South: Residential and Industrial zoned "R-2" One and Two Family Residence District and "M-1" Light Industrial District. West: Industrial zoned "M-1" Light Industrial District. No buffering would be required as part of this request. The plat will not have an effect on drainage in the area. Residential development has been taking place between 1924 and 1979. No portion of the minor plat area is located within a Special Flood Hazard Area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Cook Minor Plat Page 1 Page 438 of 539 Commencement Au corm La4r Fm13Nr0 Pndl Ple Archn Rwue Funk R.o.w Win. eo•8W'earmg' r ,eemxauwt 56710562-350 PUBLIC/OPEN SPACES/SCHOOLS UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: February 14, 2023 Number 190025 and Panel 0306F, dated July 18, 2011. Highland Elementary School is located 0.50 miles to the northwest, Bunger Middle School is located 1.88 miles to the southeast, and East High School is located 1.75 miles to the northwest. Maywood Park is located 0.51 miles to the southeast. There is an 8" Sanitary Sewer Line in that ends at the intersection of private Archer Avenue. There is also a 12" Sanitary Sewer line that runs through Creston Avenue and Archer Avenue west of Creston Avenue before heading north through a utility easement that is located between 1001 Archer Avenue and 1021 Archer Ave. The Future Land Use Map designates this site as Low -Density Residential. The request would be in conformance with the goals and policies of the Comprehensive Plan. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. Plat of Survey Pad of Lot 47 Behm Addhon Waterloo, Black Hawk County, Iowa 869 W93`E 663.13' t652 99 NECaner ett4) FNtl IC Red. wrcaawCap l0061 1 Nina 1116 Wes( Owner Stake 29169WR12W FWCu of l47 e ?6 Reeve *Red Cep 016715 per ex. No. 2009.3514 West 175a Pant nr&ynnlnp j Part�•i"�L_—Ne8•195Bw-- NB.49'56't'! — Nh0'oT1T 1290V II1'1'ee 5000'� Pml 0 9,9n I 42e,1 235.60 Seater, Ser amlhry Sever Easement 147 Vac 4346435 Eat 30.0 Pdntd /461• Pads add"°" a onl0lbed ri 20' Frmtd Rear 5'Ede w F$ aaitln9 Seta,N� r1 �' 2-0. From& Reny 1 Reposed 5Sde "`IIII Riwle lnpreWEiress rr60027'444 easement �15.am 0 Parcel II14.3744WJ N65`490022 9T44I' 23B.6T0,4' i2401 Fntl 3H140 P71. Haar PO tt U 3 &Tr3744'E26, By �g p(1 1129keeer Aynup _ 9ECann nnVg /-60.W?W S00.05��1� prinrtlRe9�nn45 rNW fanarid22 r 9tlalN lne "L'174 W ten.• 00' �NFndWCa ario1 Ppe 53, 76' -b ,�o ea' /21�1 Rrd3H+2 Holw Pipe +-29.€4. Flowers Grad Rem fmwa R-o-w 5y1CL0114 8$ Fnd1.0 Pinny Rpe 5m'3]'44'E 116 Pace+ "K" NW Come,Ld3F Pant of &pnnmg Reposed Rh*. Inyess,E0eos Easement Fad 344'W Helm Rpe (Rem Waal' Reg. woe nnugo Cmp022561 tpt 3B lwhle bow 957 tpt 23 o 1m 9A"a5'31w 2.1V Feature Legend 0 .505B'0x 24•Reber `—N69'3T41w wlPanaeeep Ls. IPz`s1 3650' 22 • e3 letcyarty clm,17Wrd d'on L'pddsaaim cams tow' ® Sodden One Found 100 00' Dimension o131rvey (133 631 Dreneien 0Record 0 40 60 1en n-1 r as sk scm drawn t MAK Cate 1 /30122 Cook Minor Plat Page 2 Page 439 of 539 February 14.zoz3 Picture 1: 1001 Archer Avenue Picture 2:Area ofeasement between 1DD1and 1D31Archer Avenues. Cook Minor Plat Page 440 of 539 February 14, 2023 Picture 3: 1021 Archer Avenue. Picture 4: 1129 Archer Avenue. Cook Minor Plat Page 4 Page 441 of 539 February 14, 2023 STAFF ANALYSIS — The plat is comprised of three lots which include Parcel "I" ZONING (1001 Archer Avenue) at 0.56 acres, Parcel "J" (1021 Archer ORDINANCE: Avenue) at 0.56 acres, and Parcel "K" (1129 Archer) at 0.32 acres for a total of 1.44 acres. The proposed parcels meet all the requirements of the "R-2" One and Two Family Residence District. Parcel "I" will include two detached accessory structures that have a total square footage of 1164 which is less than the 1463 square feet allowed, Lot "J" has no detached accessory structures, and Lot "K" has a single accessory structure at 576 feet which is less than the 850 square feet permitted by the Zoning Ordinance. The Planning, Programming, and Zoning Commission voted unanimously to recommend approval at their February 14, 2023 meeting. STAFF ANALYSIS — The Subdivision Ordinance requires that Plat submissions SUBDIVISION include such criteria as boundaries of property, proposed ORDINANCE: streets, easements, and widths of right-of-way, utility locations, contours as well as surrounding land uses. The plat does not contain all details required, however given the minor nature of the split, the additional information would not appear to be needed, as the plat is in accordance with the intent of the subdivision ordinance. STAFF Therefore, staff recommends that the request by Mike Cook for RECOMMENDATION: the Minor Plat of Cook Subdivision a replat of a portion of Lot 47 of Behm Addition, a three -lot residential subdivision in the "R-2" One and Two Family Residence District located at 1001, 1021, and 1129 Archer Avenue be approved for the following reasons: 1. The plat is in accordance with the intent of the Subdivision Ordinance, and can be served by existing utilities. 2. The plat is in accordance with the Comprehensive Plan. Cook Minor Plat Page 5 Page 442 of 539 City of Waterloo Planning, Programming and Zoning Commission February 14, 2023 } 1 C=2` R-3, R-P �aAVA EOM �A-1f hill 11111 C-2 T NE R-3 � 1�A 1 A=1 M-1 ( R= M-1 a C-2 M-2,P INLAND AVE ARK AVE 3AV 3OISNLIfl 3AV NO13170. 3AV M3LI4 !3AV 0183 C-1 MONTERO DR `Ob `9-SIC✓11 I 1 M R=41 RP ti R-2Z A-1 5 $� u Elral s A-1 A 1 A-1_ L C-1 Aj 1 A-1 �A= A-1 A'1 N1 R- C-Z M-1 ENE C=1,C-Z C-1 R- P R=2 R-1, N1 BUTLER AVE J J R�C-Z SHULTZ ST LJ ANN ST L 'OSAGEAVE A-1 Cook Subdivision Minor Plat Mike Cook Pogo of S'1 City of Waterloo Planning, Programming and Zoning Commission February 14, 2023 Cook Subdivision Minor Plat Mike Cook Pnnr AAA of c.Zcl rr �, of WA T— v ` a L Index Legend Description: Lot 47, Behm Addition Surveyor: Matthew Kofta, PLS 22561 Company: VJ Engineering 1501 Technology Parkway, Suite 100 Cedar Falls, IA 50613 319-266-5829 Proprietor: Michael S Cook and Dewayne E Cook Survey Requested by: Michael S Cook This Plat of Survey has been reviewed by Waterloo, Iowa. Signature of Waterloo, Iowa Date Ordinance Administrator Feature Legend O Set 5/8" 0 x 24" Rebar w / Orange Cap L.S. #22561 • Property Corner Found ASet Section Corner Section Corner Found 100.00' Dimension of Survey (100.00') Dimension of Record 0 40 80 160 Plat of Survey Parcels "I", "J" & "K" Part of Lot 47 Behm Addition Waterloo, Black Hawk County, Iowa Parcel "I" Legal Description: That part of Lot No. Forty-seven (47) in Behm Addition in Black Hawk County, Iowa, now in the City of Waterloo, Iowa, described as follows: Commencing at the Southwest Corner of said Lot 47; thence NOO°02'12"W 60.00 feet along the West line of said Lot 47 to the Point of Beginning; thence NOO°02'12"W 225.00 feet along the West line of said Lot 47; thence S61 °40'53"E 146.58 feet; thence S00°02'12"E 155.84 feet; thence N89°49'58"W 129.00 feet to the Point of Beginning, containing 0.56 acres. Parcel "J" Legal Description: That part of Lot No. Forty-seven (47) in Behm Addition in Black Hawk County, Iowa, now in the City of Waterloo, Iowa, described as follows: Commencing at the Southwest Corner of said Lot 47; thence NOO°02'12"W 60.00 feet along the West line of said Lot 47; thence S89°49'58"E 129.00 feet to the Point of Beginning; thence NOO°02'12"W 155.84 feet; thence S89°49'58"E 156.00 feet; thence S00°02'12"E 156.00 feet; thence N89°37'44"W 44.81 feet; thence N89°49'58"W 111.19 feet to the Point of Beginning, containing 0.56 acres. Parcel "K" Legal Description: That part of Lot No. Forty-seven (47) in Behm Addition in Black Hawk County, Iowa, now in the City of Waterloo, Iowa, described as follows: Beginning at the Southeast Corner of said Lot 47, Behm Addition; thence N89°37'44"W 130.00 feet along the South line of said Lot 47; thence NOO°05'31"E 150.00 feet; thence S89°37'44"E 130.00 feet to the East line of said Lot 47; thence SOO°05'31"W 150.00 feet along the East line to the Southeast Corner of said Lot 47 and the Point of Beginning, containing 0.45 acres. Proposed Private Ingress / Egress Easement Legal Description: That part of Lot No. Forty-seven (47) in Behm Addition in Black Hawk County, Iowa, now in the City of Waterloo, Iowa, described as follows: Beginning at the Northwest Corner of Lot 38, Behm Addition; thence N00°02'12"W 60.00 feet; thence S89°37'44"E 231.90 feet; thence SOO°05'31"W 60.00 feet to the South line of said Lot 47; thence N89°37'44"W 231.76 feet along the South line of said Lot 47 to the Point of Beginning, containing 0.32 acres. Area Summary SW 1/4 - NW 1/4 Section 29-T89N-R12W Parcel "I": 24,563 sq. ft. = 0.56 acres Parcel "J": 24,314 sq. ft. = 0.56 acres Parcel "K":19, 500 sq. ft. = 0.45 acres Existing Zoning: R-2 Minimum Front Yard: 20' Minimum Side Yard: 5' Minimum Rear Yard: 20' Parcel Address Parcel "I": 1001 Archer Avenue Parcel "J": 1021 Archer Avenue Parcel "K": 1129 Archer Avenue Location Ma INDEPENDENCE o BOWERS AVE ST 0 L^ AVE 30 Subject DEARBORN AVER Property 0 Ja GROVE AVE 00 3 29 o ARC A, COS ARCH• AVE Z / COTTAGE u vi DEARBORN AVE ST CALFOUN ST ¢ SHULT2 ST O a Notes: 1.) Bearings are based on the Iowa Regional Coordinate System, Zone 5, NAD 83 2011 2.) All dimensions are in US Survey feet and decimals thereof. 3.) The error of closure is better than 1:10,000 4.) Field work was completed: 10-11-2022 \\\\\1�111111111111111////// .\- "i /� 4' O S Zi.i8 , Matthew A. , r113 , Kofta o =°° 22561 ; %7�1°° .°°*� /// /° ° , , ��� /1111111111111x I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. Matthew A. Kofta, P.L.S. License number 22561 My license renewal date is December 31, 2024 Pages or sheets covered by this seal: Date N CO O N O N o O E 0 0- N N .5 d Page # scale 1" = 80' drawn by MAK date 11/30/22 O CV 00 1 45, a) U L 0 0 Lot 47, Behm Addition Waterloo, Iowa 22807 Page 445 of 539 Plat of Survey Parcels "I", "J" & "K" Part of Lot 47 Behm Addition Waterloo, Black Hawk County, Iowa West Line Lot 47 Point of Beginning Parcel "I" N00°02'12"W 60.00' Point of Commencement SW Corner Lot 47 Fnd 3/4" 0 Pinch Pipe Archer Avenue Public R-O-W South. 60' of West 300' Lot 47, Behm Addition 567 LD 562-563 North 1/16 West Corner Section 29-T89N-R12W NW Corner Lot 47 Fnd 1/2"0 Rebar w/Red Cap #16775 per Doc. No. 2009-3944 West 175.0' F Point of Beginning Parcel "J" S89°34'03"E 663.13' (662.9') 428.13' Existing Sanitary Sewer Easement 147 Misc 434 & 435 East 30.0' S89°49'58"E 156.00' parttAddi4on Behr(' 1 �co _ o0 N O LO tri o� z N89°49'58"W — — — 111.19' Parcel "J" 1021 Archer . Avenue O w N89°49'58"W 239.87' (240') Lot 39 dition 0 N89°37'44"W Fnd 3/4" 0 Hollow Pipe 1 44.81' CO N89°37'44'W 60.14' (60') Q) z j Q O o u) U O S89°37'44"E 15.00' Building Setback 20' Front & Rear 5' Side Proposed Private Ingress/Egress Easement S89°37'44"E 231.90' /—N00°02'12"W 60.00' South Line Lot 47 N89°37'44"W 231.76' Building Setback 20' Front & Rear 5' Side SOO°05'31"W 60.00' NW Corner Lot 38 Point of Beginning Proposed Private Ingress/Egress Easement Fnd 3/4" 0 Hollow Pipe (Bent) Set 5/8"0x24" Rebar w/Orange Cap #22561 Lot 3$ Behm Addition NE Corner Lot 47 Fnd 1/2"0 Rebar w/Yellow Cap #9961 235.00' Blowers Creek Flood Control R-O-W 571 CLD 114 o �• o O rn 0 CO Fnd 1"O Pinch Pipe S89°37'44"E 130.00' Parcel "K" 0 0 1129 Archer oo Avenue z SE Corner Lot 47 Point of Beginning Parcel "K" —N89°37'44"W— — 130.00' • 100.36' Fnd 3/4" O Hollow Pipe Lot 23 1 East Line Lot 47 SOO°05'31"W 2.16' NW Corner Lot 22 Fnd 3/4" 0 Pinch Pipe N89°37'44"W 30.50' LOt 22 Addltlon Behm 0 NORTH Feature Legend O Set 5/8" O x 24" Rebar w / Orange Cap L.S. #22561 • Property Corner Found ASet Section Corner Section Corner Found 100.00' Dimension of Survey (100.00') Dimension of Record 40 80 160 CO M N 0 40 0 0 E 0 0 0- a) N 0 0 0 N 0 N m Page # 2 scale 1"=80' drawn by MAK date 11/30/22 0) CV 00 LA vco CV I C d M CD G) Q) I C O �D) O C C 0 t U 0 G) — I— _ vi Q in Li_ � L 0 0 U 45, N a) U L 0 0 Lot 47, Behm Addition Waterloo, Iowa 22807 Page 446 o 539 w H h w 2 0 1-- �Co-P4 Z Ng N W. SW. NW. 29 1 I s 300' CITY OF WATERLOO BK567- PG562,563 RES.1983-74 3/14/83 o' ro I Oi I ry O 1- z 2 ,n a w 130' 1 t,, MZO,C l IR //0,- 5-o.Z59e �$ ARCHER (Prt7 _�,,-` 1 T1/.66 AVEg"z91'93 I 39 2 3 " .FLOG , 039 BEHP4 / 03,5 y/N6� /033. /03/ 6o' �1N *t a 662.9' 47 ‘62,2" /try-J;,C_'..,: 235 RES. 83.561 11/7/83 BK. 571 PG.113 CITY IN 0 /6ss u' /038 ,D2.lo� }fir5 4 ;. {38 /032 i G'30 A D. /672' i 1039 /037 .2.5"' %32 PG 2 3 /0,�s. I �o /033i rG.3r I4 7.54 ' 4. 0' df Page 447 of 539 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (PRELIMINARY OR MINOR) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): Mike Cook Address: 3511 Sage Road City: Waterloo State: IA Email: mcaorill8( amail.com Phone: 319-230-5539 Zip: 50703 b. Status of Applicant: (a) Owner 0 (b) Other 0 (SELECT ONE): If other explain: c. Property Owner's Name if different than above (please print): Address: Phone: City: Waterloo State: Zip: Email: 2. PREPARER INFORMATION: a. Preparer's Business Name (please print): :VJ Engineering Primary Preparer's Name: Matthew Kofta, PLS Phone: 319-266-5829 E-mall: mkofta@vjengineering.com 3. PROPERTY INFORMATION: a. Name of Plat: Parcels "l", "J" & "K" - Cook Minor Subdivision Plat b. General Location of Property: 1001, 1021, & 1129 Archer Avenue c. Area of Proposed Plat: 1.57 acres d. Zoning District(s): R-2 4. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication (prefered but not required) b. Overall Street Plan (if applicable) c. Six (6) 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 $ N/A Sanitary Sewer $ N/A Paving $ N/A Land Dedicated $ N/A TOTAL $o 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 undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. 1/:‘ /A/T-24 A4> Signature of Applicant Date /Signature of Owner Date Page 448 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 (D) Effective Period of Preliminary Approval, relating to the approval of the Final Plat of North Crossing Third Addition to exceed the twelve (12) month requirement after the approval of the preliminary plat, located north of 501 Lakeside Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicants are requesting approval of a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 (D) Effective Period of Preliminary Approval, relating to the approval of the Final Plat of North Crossing Third Addition to exceed the twelve (12) month requirement after the approval of the preliminary plat, located north of 501 Lakeside Street. The preliminary plat was approved by the City Council on February 7, 2022, by Resolution No. 2022-094. The applicants, which include both the City of Waterloo and North Crossing, LLC, have submitted the attached Petition for Variance requesting an additional one-year period, until February 7, 2024, to provide a final plat for North Crossing Third Addition. The final plat is currently being worked on and is anticipated to be back for Council approval well before this additional time extension. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 449 of 539 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. City Council Packet Page 450 of 539 STAFF PERSON: DATE: SUBJECT: REQUEST: APPLICANT: GENERAL DESCRIPTION: Seth Hyberger March 6, 2023 Final Plat — North Crossing 3rd Addition Resolution approving a variance to the Subdivision Ordinance in Section 11-3-2 (D) Effective Period of Preliminary Approval relating to the approval of the Final Plat of North Crossing 3rd Addition to exceed the 12 month requirement after the approval of the preliminary plat, located north of 501 Lakeside Street. The Preliminary Plat was approved by the City Council on February 7, 2022 by Resolution No.2022-094. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50701 The applicant is requesting to plat the property located north of 501 Lakeside Street. North Crossing Third Addition Page 1 of 3 Page 451 of 539 IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: The request would not appear to have a negative impact on the neighborhood as the area is largely made up of commercial and residential uses. The request would not appear to have an impact on vehicular or pedestrian traffic movements in the area. The area is served by East 4th Street, which is classified as a minor arterial. The following proposed local streets include Heath Street, North Crossing Drive, and Ralston Road. There are no sidewalks in the area. The Donald Street Trail is located approximately 400 feet to the south of the plat area. The proposed plat area is currently zoned "R-4, R-P" Planned Residence District, "C-2" Commercial District, and "C-P" Planned Commercial District. The area zoned "R-4, R-P" Planned Residence District was rezoned from "R-2" One and Two Family Residence District on August 16, 2021 with the passage of Ordinance 5610. The area zoned "C-2" Commercial District was rezoned from "A-1" Agricultural District on November 25, 1991 with the passage of Ordinance 3836. The area zoned "C-P" Planned Commercial District was rezoned from "R-2" One and Two Family Residence District on June 2, 2007 with the passage of Ordinance 4856. The surrounding uses and zoning: North — Vacant land and Residential, zoned "A-1" Agricultural District, "R-1" One and Two Family Residence District, "A-1" Agricultural District, and "R-2" One and Two Family Residence District. South — Vacate land and Residential, zoned "A-1" Agricultural District and"R-2" One and Two Family Residence District. East — Vacant land and residential, zoned "A-1" Agricultural District and "R-2" One and Two Family District. West —Commercial and Residential, zoned "C-2" Commercial District, "C- P" Planned Commercial District, "R-3" Multiple Residence District, and "R-2" One and Two Family Residence District. Buildings in the immediate area were developed between 1961 and 2020. Buffering will be required for the rezone area to offer separation between commercial and residential uses. A drainage plan will need to be submitted to Engineering during the building review stage, as lots are developed. North Crossing Third Addition Page 2 of 3 Page 452 of 539 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF RECOMMENDATION: 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 0187F & 0189F, dated July 18, 2011. George Washington Carver Academy is located a half a mile to the southwest of the plat area. There are no other schools within one mile of the plat area. There is a 10" sanitary sewer line located underneath Ralston Road, 10' sanitary sewer line located underneath Logan Avenue, 12" Sanitary Sewer underneath 4th Avenue, and 12" storm sewer underneath East 4th Avenue. The Future Land Use Map designates this area as Low Density Residential, Mixed Commercial: Medium to High Density Residential; Professional Offices; Neighborhood Commercial, and Commercial. The request is consistent with the Comprehensive Plan and Future Land Use Map. Resolution approving a variance to the Subdivision Ordinance in Section 11-3-2 (D) Effective Period of Preliminary Approval relating to the approval of the Final Plat of North Crossing 3rd Addition to exceed the 12 month requirement after the approval of the preliminary plat, located north of 501 Lakeside Street. The Preliminary Plat was approved by the City Council on February 7, 2022 by Resolution No.2022-094. North Crossing Third Addition Page 3 of 3 Page 453 of 539 City of Waterloo City Council March 6, 2023 Areas to be Platted KEYSTONE ST :. a • W'DONALD ST E.'DONALD ST North of 5oi Lakeside Street Preliminary Plat North Crossing 3rd Addition n....... AGA .-; rnr1 City of Waterloo City Council March 6, 2023 R-3 WAIRLINE HWY 4A -1 R-.1 tC-2 GZ R=1 I I R-11, C-Z A11_ C-2 R -1 C-1 R-1 R-1 C-2 /—EAIRLINE HWY IIIII II Z_ 1 1 R=.1 1 1111111111IIIIII11 R-4 R-1 -A-1 J 1 0 0 0 1 1 R-3 G) W DONA uD ST • R-2 R r4 C-2 HEATH STi o C-P R=4 RALSTON RDA C,2 R-2 C-P R-4,R-P A-1 R=3 C=P W. DALE STT Rz4 e- W.;LOUISE ST R-2l -R=47R=P_ I HI R-4 Rr P�= f 11 R-4 M-1 M-2 0 - LITCHFIELD AVE Q CO C-1 M-1 LU O W R-4 �_ LAKESIDE STI 1:9- i i Rt2rd-z1.: E.-DONALD ST E. T DALE W M-2 ESTHER ST 2q W HANOVER ST_ U - W WARLINGTON_ST j = ====-- 0 Hi=— ==__ R=4, R=P__ -2, STONAVEi���11111111111 ���i i��� ��IIIIIIIII I C=1;C=Z 1 LFIE R-2,C=Z NGLERR Llf Rig LESTER ST Y1 I I I I I I R 2 -CZ\ ®IIIIIhI71_ ,\ North of 5oi Lakeside Street Preliminary Plat North Crossing 3rd Addition n..,— ACC ..L r0(J PETITION FOR VARIANCE COME NOW the undersigned, City of Waterloo, Iowa and North Crossing, LLC (collectively, "Owner"), current owners of property preliminarily platted as North Crossing Third Addition located generally in the area adjacent to Logan Avenue, East 46 Street, and Ralston Road, Waterloo, and state as follows: 1. Owner filed a preliminary plat for North Crossing Third Addition which was approved by the Waterloo City Council on February 7, 2022 by Resolution No. 2022-094, a copy of which is attached hereto as Exhibit A. 2. Owner has not yet finalized details for North Crossing Third Addition to be presented for final plat approval. Section 11-3-2.D of the Code of Ordinances provides that a final plat must be filed within one year from approval of the preliminary plat, and this deadline has passed. 3. In accordance with § 11-1-3 of the Code of Ordinances, Owner requests a variance to allow an additional one-year period (i.e., until February 7, 2024) to provide a final plat for North Crossing Third Addition. Owner believes that the conditions for granting a variance that are set forth in Code § 11- 1-13.A have been satisfied, namely: a. Granting the variance will not be detrimental to public safety, health or welfare or injurious to adjacent properties. b. Conditions upon which the request for variance are unique to the property for which the variance is sought and are not applicable generally to other property. c. Because of the unique attributes of the property, a particular hardship to the Owner would result, as distinguished from mere inconvenience, if the strict letter of the City regulations is carried out. d. The variance will not in any manner vary the provisions of the zoning ordinance, comprehensive plan or official street plan. This Petition is presented for the sole purpose of granting an extension for the time to file a fmal plat for approval of North Crossing Third Addition, and no other variance from the requirements of City Ordinances is sought hereby. Dated , 2023 Respectfully submitted, CITY OF WATERLOO, I B - Noel Anderson, Community Planning and Development Director NORTH CROSSING, LLC By: Title: Page 456 of 539 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2022-094 RESOLUTION APPROVING A REQUEST BY THE CITY OF WATERLOO FOR THE PRELIMINARY PLAT OF NORTH CROSSING 3RD ADDITION, A TWENTY (20) LOT COMMERCIAL AND RESIDENTIAL SUBDIVISION, IN THE "R-4, R-P" PLANNED RESIDENCE DISTRICT, "C-2" COMMERCIAL DISTRICT, AND "C-P" PLANNED COMMERCIAL DISTRICT, LOCATED NORTH OF 501 LAKESIDE STREET. WHEREAS, on this 7th day of February 2022, at a regular meeting of the City Council of the City of Waterloo, Iowa, the preliminary plat of the North Crossing 3rd Addition, a twenty (20) lot commercial and residential subdivision, in the "R-4, R-P" Planned Residence District, "C-2" Commercial District, and "C-P" Planned Commercial District, located north of 501 Lakeside Street, was presented for approval by the City of Waterloo, and WHEREAS, said preliminary plat has been previously submitted to and was approved by the City of Waterloo Planning, Programming and Zoning Commission on December 28, 2021, and WHEREAS, said Preliminary Plat has been considered and should receive approval of this Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, the preliminary plat, submitted by the City of Waterloo, of the North Crossing 3rd Addition, a twenty (20) lot commercial and residential subdivision, in the "R-4, R-P" Planned Residence District, "C-2" Commercial District, and "C-P" Planned Commercial District, located north of 501 Lakeside Street, in the City of Waterloo, Black Hawk County, Iowa, is hereby approved. PASSED AND ADOPTED this 7th day of February 2022. CZ/2/l`1i 71 i 1 ,, -4- SIGNED Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk SEAL Page 457 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving the assignment of rebates to Windigo Property Trust, LLC, in conjunction with a Development Agreement with Cedar Valley Warehouse, LLC, originally approved on September 4, 2012, for property located at 2830 Geraldine Road. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION As a part of that agreement, the developer was given tax rebates for the added value of the project. The property was sold in 2022, and this agreement will allow the new owner to receive tax rebates. The development agreement states that such an assignment is eligible, and this document will work to clarify the City of Waterloo's approval of such assignment. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Economic Development, policies 1, 3 and 4. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 458 of 539 ATTACHMENTS 1. Assignment of Rebates - Signed 2. Original Development Agreement Page 459 of 539 ASSIGNMENT OF REBATES The undersigned ("Assignor") is party to a development agreement (the "Agreement") with the City of Waterloo, Iowa, concerning the following real property (the "Property"): Address/Parcel #: 8913 08 227 007 Subject to the terms of the Agreement, Assignor is entitled to property tax rebates in respect of the Property in an amount determined as set forth In the Agreement. Assignor has sold the Property to the Transferee indicated below. In consideration of Transferee's purchase of the Property, Assignor does hereby assign to Transferee all of Assignor's right, title and interest in and to any and all rebates payable In respect of the Property pursuant to the Agreement, effective as to any rebate payable for property taxes that become due and owing after the following date: August 25, 2021 Breit Dainl &dr [Assignor/seller name — printed] I WiKd n P?yry rvt1sf 1 LLCI Transfe e/bu er am — printed] By: By: Title: Title: Dated: Dated: 1131 /212 3 Page 460 of 539 Preparer Information: Noel Anderson Name 715 Mulberry Street Address Waterloo, Iowa 50703 (319) 291-4366 City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of G-g , 2012, by and between Cedar Valley Warehouse, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Airport Tax Increment Finance District. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Purchase of Property. Company is purchasing the real property described on Exhibit "A" attached hereto (the "Property"). The purchase price for the Property is $221,350.00 (the "Purchase Price"). Company shall take all steps necessary or advisable to complete the purchase of the Property and to obtain marketable title thereto as promptly as possible. 2, Improvements by Company. Company shall make improvements to the existing 4,300 sq. ft. building on -site and construct on the Property one industrial building of not less than 40,000 square feet, and related improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and 1 Page 461 of 539 shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of approximately $1,212,000. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Grant for Land Acquisition; Mortgage, The City shall make an economic development grant (the "Grant") to the Company for the Project in an amount equal to the Purchase Price, i.e., $221,350.00, to be paid by City on Company's behalf to the seller at the time of closing on the Property purchase transaction. No later than such closing, Company shall execute and deliver to City a mortgage (the "Mortgage") to secure Company's contingent repayment obligations under Section 4 below. City will record the Mortgage in the public land records. Company shall be in default of the Mortgage if, among other terms of default stated therein, Company is in default of any Project Mortgage described in Section 6 below pursuant to the terms of such Project Mortgage. 4. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to make the Grant to Company and that without said commitment City would not have done so. Measured from the date of approval of this agreement, Company must obtain a building permit and begin construction within four (4) months, and construction shall be completed within an additional twelve (12) months. If Company has not, in good faith, begun the construction of the Improvements on the schedule stated above, this Agreement may be cancelled at the sole option of City, and Company must repay grant funds to City. If construction has not begun within the scheduled period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, Company must repay Grant funds to City. If construction has begun within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the Project completion schedule shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then this Agreement may be cancelled at the sole option of City. 5. Indemnity. Company agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same, other than permitted mortgages as described in Section 6. If City files suit to enforce the terms of this Agreement or the Mortgage and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this 2 Page 462 of 539 Section 5 shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages (a "Project Mortgage") as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such Project Mortgage. Company may not mortgage or encumber the Property or any part thereof for any purpose except in connection with financing of the Improvements, whether through a construction loan or permanent loan. City agrees to subordinate its Mortgage to any Project Mortgage. 7. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $1,212,000.00 (the "Minimum Actual Value"), through: either; (i) willful destruction of the Property, Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 9. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 8, City agrees to rebate property tax (with the exceptions noted below) as follows; Year One Year Two Year Three Year Four Year Five 50% rebate 50% rebate 50% rebate 50% rebate 50% rebate 3 Page 463 of 539 for any taxable value over the January 1, 2012 value of $105,010. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. 10. Option; Further Incentives. Company represents that it has an option to purchase additional property from the owner of land which abuts the Property on the west. City acknowledges this option and agrees to work with Company on a suitable incentive package for further development of the optioned land, either in combination with the Property or as an independent project, within a 2-year timeframe from completion of the Project. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 4 Page 464 of 539 13. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 14. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 353g , . tj - et G4)4 c 1' 5670 Attention: Brent Dahlstrom. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any 5 Page 465 of 539 effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first set forth above. [signatures on next page] 6 Page 466 of 539 CITY OF WATERLOO, IOWA CEDAR VALLEY WAREHOUSE, LLC By: By: Ernest G. Clark, Mayor Title: 0w,- Attest:, Suzy Schares, City Clerk PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. Brent Dahlstrom 7 Page 467 of 539 EXHIBIT "A" Legal Description of the Property Temporary description until survey and/or platting: Approximately 4 acres of land Tying within either or both of assessor parcel nos. 8913- 08-226-012 and 8913-08-226-014, to be platted as, or as a portion of, South Port Second Addition, City of Waterloo, Black Hawk County, Iowa. ***Upon survey or platting of the Property, this Exhibit "A will be removed from the Agreement and a new Exhibit "A" will be substituted therefor that contains a proper legal description of the Property. 1 Page 468 of 539 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this 2 day of ,,rrr,,t; - , 2012, by and among the CITY OF WATERLOO, IOWA ("City"), Cedar Valley Warehouse, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Airport Tax Increment Finance District; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be Tess than $1,212,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before the date that is sixteen (16) months from the date hereof. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2017. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by 1 Page 469 of 539 the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 2018. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA CEDAR VALLEY WAREHOUSE, LLC By: /,‘e, By: Ernest G. Clark, Mayor Brent Dahlstrom, Manager By: f=7 ... Suzy Schres, City Clerk , Manager STATE OF IOWA ) ss. COUNTY OF BLACK HAWK t On this i01 day of C Ck' .. -c V , 2012, before me, a Notary Public in and for the State of Iowa, personal y appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corpora ion by i and by them voluntarily executed. N (ary Public 2 4011:1111i:;1r,: Page 470 of 539 STATE OF IOWA COUNTY OF BLACK HAWK ) ss. ) Subscribed and sworn to before me on }4t. r! ZIa , 2012 by Brent Dahlstrom and as Managers of Cedar Valley Warehouse, LLC. CHRIS OLSEN rdDd Commission Number 749396 • ;:.:.. My Commission Expires /o W" October 12, 2013, 3 Page 471 of 539 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than One Million Two Hundred Twelve Thousand ($1,212,000) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on / , 2012 by Tami McFarland, Assessor for Black Hawk County, Iowa. DEBORAH L. BOECKMANN MY COMMISSION NO. 105766 aqua .* MY COMMISSION EXPIRES Notary Public 1 Page 472 of 539 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between Fireworks Leasing, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the San Marnan Development Plan area ("Urban Renewal Area"). B. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"). C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company owns or is currently purchasing the Property. Company will undertake the Project (defined below) upon the Property. Page 473 of 539 2. Improvements by Company. Company shall construct on the Property a commercial building consisting of no less than 7,200 square feet, as well as related landscaping, storm water control, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 3. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Property, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Company submit specific building designs and site plans for City review and approval, including but not limited to those attached hereto as Exhibit "B". Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City 2 Page 474 of 539 specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to offer the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Improvements within four (4) months after the date of this Agreement (the "Start Date") and Substantially Complete construction within twelve (12) months after the permit date (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed pursuant to the Plans or Modified Plans to the extent necessary for City to issue a certificate of occupancy relating thereto and City has also verified that any Project element(s) for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. B. Events triggerinq termination. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 17, and City shall then have no further obligation under this Agreement. In any circumstance where Company's progress on the Project fails to meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the 3 Page 475 of 539 requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $850,000.00 (the "Minimum Actual Value"), through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 7. Tax Rebates. Provided that Company has completed Substantially Completed the Improvements before the Completion Deadline, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Two 75% rebate each year Year Three through Year Eight 50% rebate each year for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value of $453,700.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal 4 Page 476 of 539 Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event all Improvements on the Property are Substantially Completed prior to January 1, 2025 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2025 assessed value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one- half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could be applied for after March 31, 2027 and prior to April 1, 2028. 8. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 7 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during 5 Page 477 of 539 the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 7 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 7, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 9. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: 6 Page 478 of 539 (i) The representations and warranties made by Company in Section 12 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good 7 Page 479 of 539 repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the MAA termination date Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: 8 Page 480 of 539 A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. F. The financing commitments, which Company will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Company to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or acquisition of the same or resulting 9 Page 481 of 539 from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 10 Page 482 of 539 16. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 17. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot 11 Page 483 of 539 reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 18. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 19. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other 12 Page 484 of 539 person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1500 E. 27th Terrace, Pittsburg, Kansas, 66762, Attention: Manager. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) four (4) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 13 Page 485 of 539 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 27. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 30. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA FIREWORKS LEASING, LLC By: By: Quentin M. Hart, Mayor Michael Marietta, Manager Attest: Kelley Felchle, City Clerk 14 Page 486 of 539 PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Michael Marietta 15 Page 487 of 539 EXHIBIT "A" Legal Description of Property Lot No. 1 in Anderson's Eighth Addition, City of Waterloo, Black Hawk County, Iowa. Page 488 of 539 EXHIBIT "B" Building Design - Exterior See attached. Page 489 of 539 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), FIREWORKS LEASING, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the San Marnan Development Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $850,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 490 of 539 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2044. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 491 of 539 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 492 of 539 CITY OF WATERLOO, IOWA FIREWORKS LEASING, LLC By: By: Quentin Hart, Mayor Michael Marietta, Manager By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF COUNTY OF ) ss. Notary Public Subscribed and sworn to before me on , 2023 by Michael Marietta as Manager of Fireworks Leasing, LLC. Notary Public 4 Page 493 of 539 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Eight Hundred Fifty Thousand and 00/100 Dollars ($850,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2023 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 494 of 539 __L 2 L 3 1_ 4 1_ 5 6 L 7 8 __L 9 10 L E H STORM MANHOLE RIM ELEV: 906.40' 6" PVC FL S IN: 902.46' 15" RCP FL E IN: 902.40' 24" RCP FL N OUT: 902.34' KIMBALL AVE. CHAIN LINK FENCE TO REMAIN REMOVE GREASE TRAP STRUCTURE MODULAR BLOCK RETAINING WALL TO REMAIN N N 0 0 N N 0 N 0 REMOVE EXISTING CONCRETE PAVEMENT 0 N 0 REMOVE DUMPSTER TRANSFORMER AND CONCRETE PAD TO REMAIN UTILITY CONTACT INFORMATION WATERLOO FIRE: BUSINESS (319) 291.4460, EMERGENCY 911 WATERLOO POLICE: BUSINESS (319) 291.4340, EMERGENCY 911 PUBLIC WORKS: (319) 291.4455 SANITATION: (319) 291.4455 WATER WORKS: CHAD COON PHONE: (319) 232.6280 EMAIL: CHAD.COON@WATERLOO-IA.ORG TRAFFIC: A BRANDON HODGIN PHONE: (319) 291.4440 EMAIL: BRANDON.HODGIN@WATERLOO-IA.ORG CP202 MARKED PANELS WILL REQUIRE REMOVAL AND REPLACEMENT WITH COMPACTION OF NEW OR EXISTING SUBGRADE/SUBBASE. EXTENTS MAY BE MODIFIED UPON APPROVAL OF THE OWNER/ENGINEER IF IT IS FOUND THAT DAMAGED SUBGRADE/SUBBASE EXTENDS BEYOND MARKED LIMITS. MODULAR BLOCK RETAINING — WALL TO REMAIN Fu1(_)) T2(QJ) CP203 -918N - F01(D) F01 F01(D) NOTE: CONTRACTOR TO PROVIDE A COST ESTIMATE FOR CONCRETE AND SUBGRADE REPLACEMENT OF FAILING PAVEMENT IN SQUARE YARDS. THE CONTRACTOR IS RESPONSIBLE FOR REVIEWING THE SITE PRIOR TO BIDDING. MARKED REPLACEMENT LIMITS WITHIN THE PLANS MAY BE MODIFIED PER OWNER/ENGINEER APPROVAL. E TOWER PARK DR. F01(D) 15"ST(D)� 5"ST( �♦ I C,RB INTAKE 411 GR TE EL V: 913.54 SWAV `4,* t®i�i�i .‘AttAtat _ k. . • •S WASTE MANAGEMENT SERVICES: LAURA WOLFF PHONE: (319) 291.4553 EMAIL: LAURA.WOLFF@WATERLOO-IA.ORG ENGINEERING DEPARTMENT JAMIE KNUTSON - CITY ENGINEER PHONE: (319) 291.4312 EMAIL: CITY.ENGINEER@WATERLOO-IA.ORG MID-AMERICAN (GAS & ELECTRIC): JORDYN WEBER PHONE: (319) 291.4728 EMAIL: JLWEBER@MIDAMERICAN.COM MEDIACOM BRIAN KADNER PHONE: (845) 544.9656 EMAIL: BKADNER@MEDIACOMCC.COM 2 3 CENTURYLINK SADIE HULL PHONE: (918) 547.0147 EMAIL: SADIE.HULL@LUMEN.COM AUREON NETWORK SERVICES JEFF KLOCKO PHONE: (515) 830.0445 EMAIL: JEFF.KLOCKO@AUREON.COM UNITE PRIVATE NETWORKS, LLC JOE KILZER PHONE: (816) 425.3556 EMAIL: UPNGIS@UPNFIBER.COM WINDSTREAM COMMUNICATIONS PHONE: (800) 289.1901 4 -918 i — TREES TO REMAIN F01 (D) 920- — DEMOLITION LEGEND 5 / / F01(D) G(D) TWIN CURB INTAKE GRATE ELEV: 911.57' 12" CPP FL S IN.: 909.17' 112" CPP FL W OUT: 909.07' CURB INTAKES TO REMAIN / / / I / I I II II I ICI I II 1 r >;Y CP200 TREE TO REMAIN REMOVE EXISTING CONCRETE PAVEMENT REMOVE CONCRETE CURB AND PAVEMENT REMOVE CONCRETE PAVEMENT AND RECOMPACT SUBGRADE 6 GENERAL SITE FEATURES BOLLARD GUY WIRE SIGN- DOUBLE POST SIGN- SINGLE POST STREET LIGHT UTILITY POLE UTILITY POLE W/STREET LIGHT ABBREVIATIONS CP BM R.O.W. ASPH PCC FL TYP FND PUE CI DI CMP HDPE VCP PVC RCP UNK FF UTILITY WARNING EXISTING SURVEY LEGEND CONTROL POINT BENCHMARK RIGHT-OF-WAY ASPHALT CONCRETE FLOWLINE TYPICAL FOUND PUBLIC UTILITY EASEMENT CAST IRON PIPE DUCTILE IRON PIPE CORRUGATED METAL PIPE HIGH -DENSITY POLYETHYLENE PIPE VITRIFIED CLAY PIPE POLYVINYL CHLORIDE PIPE REINFORCED CONCRETE PIPE UNKNOWN FINISHED FLOOR MONUMENTS • BENCHMARK CONTROL POINT SANITARY SEWER SANITARY SEWER CLEANOUT SANITARY SEWER MANHOLE STORM SEWER BEEHIVE INTAKE (SIZE VARIES) DOUBLE CURB INTAKE 0 11111 0 1111111 11111 D� 0 1 1 DOUBLE CURB INTAKE W/MANHOLE LEFT DOUBLE CURB INTAKE W/MANHOLE RIGHT DOUBLE CURB INTAKE W/MODIFIED MANHOLE DRAINAGE INTAKE FLARED END SECTION (SIZE VARIES) SINGLE CURB INTAKE SINGLE CURB INTAKE W/MANHOLE STORM SEWER CLEANOUT ST STORM SEWER MANHOLE THE UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND/OR REORDS OBTAINED. THE SURVEYOR MAKES NO GUARENTEE THAT THE UTILITIES OR SUBSURFACE FEATURES SHOWN COMPPOSE ALL SUCH ITEMS IN T HE AREA, EITHER IN SERVCE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UTILITIES OR SUBSURFACE FEATURES SHOWN ARE IN THE EXACT LOCAQTION INDICATED EXCEPT WHERE NOTED AS QUALITY LEVEL A. 1-800-292-8989 www.iowaonecall.com J ELsm HORIZONTAL DATUM: IOWA REGIONAL COORDINATE SYSTEM - ZONE 5 (US FOOT) VERTICAL DATUM: NAVD88, GEOID 18 REMOVALS & DEMOLITION PLAN NOTES: TELECOMMUNICATIONS HI COMPOSITE HANDHOLE FIBER OPTIC MARKER TELEPHONE MANHOLE TELEPHONE PEDESTAL TV/CABLE BOX TV/CABLE MANHOLE TV/CABLE PEDESTAL VEGETATION CB 7 CONIFEROUS TREE (SIZE VARIES) 0 DECIDUOUS TREE (SIZE VARIES) SHRUB (SIZE VARIES) TREE STUMP (SIZE VARIES) PROJECT CONTROL POINTS TABLE CP# NORTHING EASTING ELEV. DESCRIPTION 200 8829261.92' 15471495.16' 918.95' 1/21N RBR MEC CONTROL BPC 201 8829429.66' 15471489.31' 911.24' CUT X IN TOC 202 8829496.22' 15471296.76' 907.05' 1/21N RBR MEC CONTROL BPC 203 8829191.10' 15471307.60' 916.89' 1/21N RBR MEC CONTROL BPC UTILITY LEGEND FM ST W E OHE C OHC T OHT FO OHFO CA OHCA G - - - -499- - - -500- 1. TEMPORARY FENCING: ERECT TEMPORARY FENCING PRIOR TO ANY WORK AROUND ALL EXCAVATIONS, BUILDINGS, OR OTHER DANGEROUS ELEMENTS TO PREVENT UNAUTHORIZED ACCESS, PROVIDE A FENCE 4-FEET HIGH MINIMUM. ENSURE THE FENCE IS CONSISTENTLY RESTRICTIVE FROM TOP TO GRADE AND WITHOUT HORIZONTAL OPENINGS GREATER THAN 2 INCHES. MAINTAIN FENCING UNTIL ALL HAZARDS ARE ELIMINATED. 2. ADJACENT PROPERTIES: PROTECT STRUCTURES, PARKING LOTS, DRIVEWAYS, SIDEWALKS, UTILITIES, LAWNS, AND OTHER PROPERTY ELEMENTS FROM DAMAGE FROM THE DEMOLITION ACTIVITIES. PROVIDE SHEETING OR SHORING AS NECESSARY TO PROTECT ADJACENT PROPERTY. PREVENT THE ACCUMULATION OF DEBRIS AND LITTER ON ADJACENT PROPERTIES. 3. STREETS: PROMPTLY REMOVE ANY DEMOLITION DEBRIS, LITTER, OR MUD FROM STREETS AND RIGHTS -OF -WAY CAUSED BY THE DEMOLITION WORK. REPAIR DAMAGE TO THE STREET AND RIGHT-OF-WAY CAUSED BY THE DEMOLITION AT NO ADDITIONAL COST TO THE CONTRACTING AUTHORITY. 4. VEHICLE COVERING: COVER ALL OPEN -BODIED VEHICLES TRANSPORTING DEMOLITION DEBRIS AND TRASH. 5. DRAINAGE FACILITIES: MAINTAIN OR RE-ESTABLISH ALL TILES, ROADWAY SUBDRAINS, CULVERTS, OR OTHER DRAINAGE FACILITIES NOT IDENTIFIED IN THE CONTRACT DOCUMENTS FOR REMOVAL. 6. EROSION AND SEDIMENT CONTROL: IMPLEMENT THE APPROVED EROSION AND SEDIMENT CONTROL PLAN FOR EACH SITE PRIOR TO INITIATING DEMOLITION BY PLACING ALL REQUIRED DEVICES; INCLUDING MEASURES TO PREVENT TRACKING OF MUD ONTO ADJACENT STREETS OR ALLEYS. 7. DUST CONTROL: COMPLY WITH ALL APPLICABLE AIR POLLUTION REQUIREMENTS OF THE JURISDICTION. USE WATER OR APPROPRIATE CHEMICALS FOR CONTROL OF DUST IN DEMOLITION AREA, ON HAULING EQUIPMENT, ON ADJACENT ROADWAYS, AND WHEN GRADING THE SITE. 8. SURFACE SLABS: REMOVE ALL CONCRETE, ASPHALT, OR MASONRY SLABS AND APPURTENANCES AS IDENTIFIED ON THIS PLAN. FULL DEPTH SAWCUTS REQUIRED PRIOR TO REMOVAL OF PAVEMENT 9. VEGETATION: 9.1. CLEAR AND GRUB OVERGROWN VEGETATION FROM SITE. REFER TO LANDSCAPE PLAN FOR ADDITIONAL INFORMATION AND DIRECTION ON WHICH VEGETATION TO PRESERVE. 9.2. REMOVE AND DISPOSE OF ALL BRUSH,SHRUBS, TREES, LOGS, DOWNED TIMBER, AND OTHER YARD WASTE ON THE SITE UNLESS OTHERWISE SPECIFIED IN THE CONTRACT DOCUMENTS. 9.3. DO NOT MIX VEGETATION WITH DEMOLITION MATERIAL. 7 8 EXISTING SANITARY SEWER EXISTING SANITARY SEWER FORCE MAIN EXISTING STORM SEWER EXISTING WATER LINE EXISTING UNDERGROUND ELECTRIC EXISTING OVERHEAD ELECTRIC EXISTING UNDERGROUND COMMUNICATIONS EXISTING OVERHEAD COMMUNICATIONS EXISTING UNDERGROUND TELEPHONE EXISTING OVERHEAD TELEPHONE EXISTING UNDERGROUND FIBER OPTIC EXISTING OVERHEAD FIBER OPTIC EXISTING UNDERGROUND CABLE EXISTING OVERHEAD CABLE EXISTING GAS EXISTING SUBDRAIN INTERMEDIATE CONTOUR INDEX CONTOUR PROPERTY LINE SECTION LINE EASEMENT EXISTING FENCE EXISTING EDGE OF TREES LOT INFORMATION LOCATION: 42 E TOWER PARK DR. WATERLOO, IA 50702 ZONING: C-2 COMMERCIAL SETBACKS: FRONT = 20' SIDE = 10' CORNER = 10' REAR = 35' SITE AREA: 1.61 ACRES OWNER: FIREWORKS LEASING LLC 1500 E. 27TH TERRACE, PITTSBURG, KS 66762 SURVEYOR: MCCLURE 1740 LININGER LANE NORTH LIBERTY, IA 52317 CONTACT: ALEC FULLER PHONE: (319) 626.9090 EXT. 2118 EMAIL: AFULLER@MCCLUREVISION.COM ENGINEER: MCCLURE 1740 LININGER LANE NORTH LIBERTY, IA 52317 CONTACT: LACY LAMPE PHONE: (319) 626.9090 EXT. 2125 EMAIL: LLAMPE@MCCLUREVISION.COM 9 20 10 0 10 20 E H rJ7 nk COMP;- i BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 INFO@KIRKGROSS.COM DESCRIPTION k w 0 EWO'<S LL PROJECT NO.: 42 E. TOWER PARK DRIVE PROJECT NORTH WATERLOO, IA 50702 THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT © BY KIRK GROSS COMPANY EXIST COND T DEvOLIT PLAN NG ONS ON Page 495 of 539 2 3 4 5 6 7 8 9 10 L_ F E D C B A PAVEMENT MARKING (TYP.) 6" STANDARD CURB & GUTTER CONTRACTOR TO REUSE LIGHT POLE BASE 4" PCC SIDEWALK. PER SUDAS 7030.202 DETAIL 1. KIMBALL AVE. REFER TO MEP PLANS FOR CONTINUATION INSIDE BUILDING. CONTRACTOR TO REUSE LIGHT POLE BASE A/C UNIT. SEE ARCH PLANS FOR DETAILS CONNECT WATER SERVICE TO MAIN. INSTALL 6" DIP WATER SERVICE W/ POLYETHYLENE WRAP TO BUILDING. COORDINATE WITH WATERLOO WATERWORKS TO MAKE CONNECTION. aD ca N ,. N 0 0 � o N N � N N 0 L_ 0 0 N INSTALL CURB STOP AT PROPERTY LINE II INSTALL POWER SUPPLY CONDUIT TO BUILDING. CONTRACTOR TO COORDINATE WITH MID-AMERICAN ENERGY FOR CONNECTION TO BUILDING. 1 2 F01 0 6" PCC PAVEMENT. SEE DETAIL ON C301. THICKENED EDGE - SIDEWALK ALONG CURB G(D) SST2( F01(D) - 15"ST(D) SSTD1 r?) INSTALL 6" 45° MJ 1(D) 15"ST(D) BEND W/ BLOCK WATER SERVICE SPLIT 3 INSTALL 4" 45° BEND EXISTING CURB & GUTTER TO REMAIN F01(D) BUILDING AREA = 7200 SF FFE = 916.50' D) G(D) J= SS 15"ST( A/C UNITS. SEE ARCH PLANS FOR DETAILS REFER TO ARCH PLANS FOR CONTINUATION INSIDE BUILDING. INSTALL SHUTOFF VALVES INSTALL 1" 45° MJ BEND AND BLOCK 4 F01(D ( 39.82 CONNECT SANITARY SERVICE TO MAIN. CONTRACTOR TO VERIFY ADEQUATE DEPTH EXISTS TO MAKE CONNECTION. INSTALL 160 LF 4" SDR 23.5 PVC TO BUILDING AT 2°/0 MINIMUM SLOPE. COORDINATE WITH WATERLOO WATERWORKS TO MAKE CONNECTION. E TOWER PARK DR. F01 (D) 3„ST(D) F01(D) G(D) SSTf}OM_,-) ACCESSIBLE ADA STALLS W/ ADA SYMBOLS. EXISTING PAVEMENT TO REMAIN. CONTRACTOR SHALL REPLACE IF DAMAGED DURING CONSTRUCTION CONTRACTOR TO REUSE LIGHT POLE BASE PROPOSED JOINT (TYP.) 4" PCC SIDEWALK. SUDAS 7030.202 DETAIL 1. MOUNT ADA ACCESSIBLE SIGNAGE TO BUILDING C• • 'A • TO RE LIGHT POLE BASE EXISTING PAVEMENT TO REMAIN. CONTRACTOR SHALL REPLACE IF DAMAGED DURING CONSTRUCTION PROPOSED JOINT (TYP.) 6" STANDARD CURB & GUTTER 6" PCC PAVEMENT. SEE DETAIL ON C301. CONTRACTOR TO REUSE LIGHT POLE BASE 5 6 UTILITY NOTES: 1. ALL PERMITS SHALL BE SECURED AND FEES SHALL BE PAID PRIOR TO THE START OF CONSTRUCTION. 2. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS FOR ALL STRUCTURES TO OWNER AND ENGINEER PRIOR TO ORDERING/PURCHASING AND CONSTRUCTION. 3. CONTRACTOR SHALL PROVIDE AND INSTALL ADJUSTING RINGS, RISER SECTIONS, AND OTHER ADJUSTMENTS AS REQUIRED TO CONSTRUCT MANHOLE AND UTILITY HAND HOLD GRATES/LIDS TO FINAL GRADE. 4. REFER TO MECHANICAL PLANS FOR ADDITIONAL UTILITY INFORMATION. 5. THE CITY OF WATERLOO IS RESPONSIBLE FOR INSPECTION WITHIN THE PUBLIC RIGHT-OF-WAYS, INSPECTIONS FOR WATER AND SEWER SERVICES SHALL BE PROVIDED BY THE WATERWORKS DEPARTMENT. PROVIDE A MINIMUM OF 72 HOURS NOTICE PRIOR TO STARTING CONSTRUCTION. 6. PLEASE REFER TO SUDAS 1070 2.07 FOR GENERAL UTILITY NOTES. ABANDONED UTILITIES NOT SHOWN ON THE PLANS MAY EXIST WITHIN THE CONSTRUCTION LIMITS. IF ENCOUNTERED, CONTRACTOR SHALL CONFIRM SAID UTILITIES ARE ABANDONED. CONTRACTOR IS RESPONSIBLE FOR REMOVING THESE LINES AS NECESSARY FOR CONSTRUCTION. 7. CONTRACTOR SHALL VERIFY SANITARY PIPE SIZES AND INVERTS PRIOR TO CONSTRUCTION AND PRIOR TO ORDERING MANHOLES AND/OR PIPE. 8. CONTRACTOR SHALL REPAIR ALL FIELD/DRAIN TILES ENCOUNTERED DURING CONSTRUCTION AS SPECIFIED OR AT A MINIMUM TO ALLOW FLOW USING LIKE MATERIAL IN NEW CONDITION WITH CITY APPROVED CONNECTIONS. CONTRACTOR SHALL RECORD EXISTING TYPE, SIZE, LOCATION, AND DEPTH CONSTRUCTION. PROVIDE DATA TO THE CITY FOR INCORPORATION INTO RECORD DRAWINGS. WATER: 1. NEW WATER SERVICE FOR THE BUILDING TO BE INSTALLED FROM THE MAIN WITH CLASS 52 DIP. SANITARY SEWER: 1. SANITARY SEWER SERVICE PIPE AND FITTINGS SHALL BE 4" DIAMETER SDR 23.5 POLYVINYL CHLORIDE (PVC) 2. CLASS I BEDDING SHALL BE USED FOR SANITARY SEWER CONSTRUCTION. COMPACTED BACKFILL IN PIPE ENVELOPE MAY BE SUITABLE EXCAVATED MATERIAL. 3. THERE SHALL BE A MINIMUM OF 10-FEET OF SEPARATION TO ANY PARALLEL -RUNNING WATER MAIN. 4. CONTRACTOR TO PROVIDE SANITARY SEWER SERVICE. COORDINATE LOCATION AND ELEVATION WITH PLUMBING PLANS. ELECTRIC 1. CONTRACTOR TO PROVIDE ELECTRICAL SERVICE TO EXISTING TRANSFORMER, COORDINATE WITH MID-AMERICAN ENERGY. 2. CONTRACTOR TO PROVIDE SITE LIGHTING ON EXISTING LIGHT POLE BASES. SEE LIGHT POLE BASE LOCATIONS ON THIS SHEET. GENERAL SITE PLAN NOTES: UTILITY LEGEND STR FO w FP SAN G 499 500 SS FM ST w E OHE C OHC T OHT FO OHFO CA OH CA G TRF - ---949-- - ---950-- 0 0 0 x 0 x AG SITE INFORMATION PARKING: TOTAL PROVIDED: 27 ADA ACCESSIBLE: 2 SITE CONDITIONS: TOTAL AREA = 1.61 ACRES NEW STORM SEWER LINE NEW FIBER OPTIC LINE NEW WATER SERVICE LINE NEW FIRE PROTECTION LINE NEW SANITARY SEWER LINE NEW GAS LINE PROPOSED MINOR CONTOUR PROPOSED MAJOR CONTOUR EXISTING SANITARY SEWER EXISTING SANITARY SEWER FORCE MAIN EXISTING STORM SEWER EXISTING WATER LINE EXISTING UNDERGROUND ELECTRIC EXISTING OVERHEAD ELECTRIC EXISTING UNDERGROUND COMMUNICATIONS EXISTING OVERHEAD COMMUNICATIONS EXISTING UNDERGROUND TELEPHONE EXISTING OVERHEAD TELEPHONE EXISTING UNDERGROUND FIBER OPTIC EXISTING OVERHEAD FIBER OPTIC EXISTING UNDERGROUND CABLE EXISTING OVERHEAD CABLE EXISTING GAS EXISTING TRAFFIC G EXISTING MINOR CONTOUR EXISTING MAJOR CONTOUR PROPERTY LINE SECTION LINE EASEMENT EXISTING GUARD RAIL EXISTING FIELD FENCE EXISTING CHAIN LINK FENCE EXISTING WOODEN FENCE EXISTING SILT FENCE EXISTING AGRICULTURE LINE EXISTING EDGE OF TREES PRECONSTRUCTION: IMPERVIOUS AREA = 0.55 ACRES PERVIOUS AREA = 1.06 POST -CONSTRUCTION: IMPERVIOUS AREA = 0.49 ACRES PERVIOUS AREA = 1.12 ACRES 1. THE SITE CONTRACTOR SHALL BE RESPONSIBLE FOR LAYOUT VERIFICATION OF ALL SITE IMPROVEMENTS PRIOR TO CONSTRUCTION 2. ALL DIMENSIONS ARE SHOWN TO BACK OF CURB OR EDGE OF PAVEMENT UNLESS OTHERWISE NOTED 3. ALL SITE CONSTRUCTION SHALL BE ACCORDING TO THE IOWA STATEWIDE URBAN DESIGN AND SPECIFICATIONS, LATEST EDITION, UNLESS OTHERWISE NOTED ON THE DRAWINGS. A COPY OF THE IOWA STATEWIDE URBAN DESIGN AND SPECIFICATIONS (SUDAS) PROGRAM SPECIFICATIONS REFERENCED IN THESE PLANS CAN BE FOUND AT HTTP://WWW.IOWASUDAS.ORG. 4. IOWA CODE 480, UNDERGROUND FACILITIES INFORMATION, REQUIRES VERBAL NOTICE TO IOWA ONE -CALL 1-800-292-8989, NOT LESS THAN 48 HOURS BEFORE EXCAVATING, EXCLUDING WEEKENDS AND HOLIDAYS. 5. CONTRACTOR SHALL NOT STORE EQUIPMENT AD/OR MATERIALS WITHIN PUBLIC RIGHT-OF-WAY ON STREETS AND/OR ALLEYS OPEN TO TRAFFIC. CONTRACTOR SHALL PROVIDE AREAS AS NEEDED FOR STORAGE OF EQUIPMENT AND/OR MATERIALS. 6. CONTRACTOR SHALL ASSIST THE CITY INSPECTOR WITH DAILY RECORD KEEPING INCLUDING DOCUMENTS ALL NECESSARY FIELD LOCATIONS AND MEASUREMENTS. 7. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING DETAILED TRAFFIC CONTROL PLANS TO THE ENGINEER FOR ALL STAGES OF WORK. WRITTEN NOTICE SHALL BE PROVIDED TO THE ENGINEER AT LEAST 48 HOURS IN ADVANCE OF ROADWAY CLOSURES AND STAGE TRANSITIONS. 8. TRAFFIC CONTROL SHALL BE IN ACCORDANCE WITH SUDAS SECTION 8030-TEMPORARY TRAFFIC CONTROL. 9. TRAFFIC CONTROL SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AND THE TRAFFIC CONTROL PLAN SHEETS. THE CONTRACTOR SHALL COVER ALL CONFLICTING EXISTING SIGNS. 10. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL MATERIALS AND EQUIPMENT DURING NON -WORKING HOURS. 11. IF ADDITIONAL EASEMENTS FOR STORAGE OF EQUIPMENT AND MATERIALS ARE OBTAINED, COPIES OF AGREEMENTS WITH THE PROPERTY OWNERS SHALL BE PROVIDED TO THE CITY. 12. THE CONTRACTOR IS RESPONSIBLE FOR ALL SITE SAFETY INCLUDING FENCING AND SIGNAGE ON SITE AND SHALL COMPLY WITH LOCAL, STATE, AND FEDERAL REGULATIONS. 13. CONTRACTOR TO APPLY FOR DRIVEWAY PERMIT IF PAVEMENT REPLACED WITHIN THE RIGHT-OF-WAY. SITE AMENITIES: 1. REFER TO ARCHITECTURAL PLANS FOR ADDITIONAL INFORMATION REGARDING SITE FENCING, GATES, AND BOLLARD DETAILS 2. REFER TO ARCHITECTURAL AND STRUCTURAL PLANS FOR DETAILED BUILDING CONSTRUCTION INFORMATION. PAVEMENT MARKINGS: 1. PARKING STALL LINES SHALL BE 4" WIDE, PAINTED WHITE. 2. CONTRACTOR SHALL PAINT STRIPES FOR THE PARKING STALLS AND STATE OF IOWA APPROVED HANDICAP SYMBOL AT THE DIMENSIONS AND LOCATIONS INDICATED ON THIS PLAN. SIGNAGE: 1. REFER TO ARCHITECTURAL PLANS FOR ADDITIONAL INFORMATION REGARDING OTHER PERMANENT SITE SIGNAGE. 2. CONTRACTOR TO PROVIDE ADA ACCESSIBLE PARKING SIGNAGE AS PER ADAAG REQUIREMENTS. LEGEND 7 6" PCC PAVEMENT 4" PCC SIDEWALK 8 9 A 20 10 0 10 20 H F E D B r U) ct 0 Y COM PAN BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 g INFO@KIRKGROSS.COM DESCRIPTION w n PROJECT NO. 42 E. TOWER PARK DRIVE PROJECT NORTH ADDENDUM #1 02-20-2023 WATERLOO, THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT BY KIRK GROSS COMPANY SITE PLAN Page 496 of 539 2 3 4 5 6 8 9 10 H F E D C CONTRACTOR TO CLEAN SILT AND DEBRIS FROM FES AND STRUCTURE PRIOR TO PROJECT COMPLETION INSTALL 322 LF SILT FENCE KIMBALL AVE. ,913 a INSTALL 33 LF SILT FENCE GRADING NOTES: 7 N. SILT FENCE DITCH CHECK 917, 1. ALL PROPOSED CONTOURS SHOWN ARE FINISHED GRADES AND/OR TOP OF PAVING SLAB (GUTTER), UNLESS OTHERWISE NOTED. 2. CONTRACTOR TO STRIP AND STOCKPILE TOPSOIL FROM ALL AREAS TO BE CUT OR FILLED, RESPREAD TO MINIMUM 8" DEPTH TO FINISH GRADES. 3. THE CONTRACTOR IS RESPONSIBLE FOR CLEANING DIRT AND DEBRIS FROM STREETS, DRIVEWAYS, AND B SIDEWALKS CAUSED BY CONSTRUCTION ACTIVITIES. A 4. SUBGRADE SHALL BE PROOF -ROLLED AND VISUALLY INSPECTED BY THE OWNER, ENGINEER, OR GEOTECHNICAL ENGINEER PRIOR TO PAVING OPERATIONS. PROOF -ROLL SHALL BE CONDUCTED WITH A LOADED TANDEM AXLE DUMP TRUCK HAVING A MINIMUM GROSS WEIGHT OF 25 TONS. 5. CONTRACTOR SHALL PROVIDE 12" FILTER SOCK AROUND ALL STORM INTAKES AND WHERE SHOWN ON THE PLAN. FILTER SOCK AROUND STORM INTAKES SHALL BE MAINTAINED UNTIL PAVING AND SEEDING/SODDING ARE COMPLETE. 6. THE CONTRACTOR IS RESPONSIBLE FOR VERIFICATION AND COORDINATION OF ALL SITE UTILITIES AND IMPROVEMENTS WITH THE ARCHITECTURAL. MECHANICAL, ELECTRICAL, AND PLUMBING SYSTEMS INCLUDING ROUTING, CRITICAL DIMENSIONS, CONNECTIONS, AND INVERT ELEVATIONS AS APPLICABLE TO THIS PROJECT. 2 917 918 916 INSTALL CONCRETE WASHOUT FF=916.50' 908 909 CONSTRUCTION SEQUENCING 1. PRECONSTRUCTION MEETING. 2. INSTALL ALL PERIMETER EROSION CONTROL MEASURES. 3. INSTALL GRAVEL CONSTRUCTION SITE ENTRANCE. 4. CLEAR AND GRUB SITE, REMOVE PAVEMENT, COMPLETE ROUGH GRADING. 5. CONSTRUCT UTILITIES AND INSTALL INLET SEDIMENT BARRIERS. 6. CONSTRUCT BUILDING. 7. CONSTRUCT SITE IMPROVEMENTS. 8. COMPLETE FINAL GRADING. 9. STABILIZE ALL DISTURBED AREAS AS SPECIFIED ON THE LANDSCAPE PLAN OR TO EXISTING CONDITIONS. 10. REMOVE ALL EROSION CONTROL MEASURES ONCE FINAL STABILIZATION IS ACHIEVED. 3 4 E TOWER PARK DR. ,g10 \ / -917- / / _ gA LEGEND 929 930 7 SF- SF -920 /, / / 1 / I / / INSTALL FILTER SOCK INTAKE PROTECTION. INSTALL 193 LF FILTER SOCK SILT BARRIER INSTALL 50'X20' MIN. CONSTRUCTION ENTRANCE INSTALL FILTER SOCK INTAKE PROTECTION. EXISTING 1' CONTOUR EXISTING 5' CONTOUR PROPOSED 1' CONTOUR PROPOSED 5' CONTOUR LIMITS OF DISTURBANCE SILT FENCE SLOPE BARRIER. SEE SUDAS STANDARD FIGURE 9040.119 FILTER SOCK SILT BARRIER. SEE SUDAS STANDARD FIGURE 9040.102 GRAVEL CONSTRUCTION SITE ENTRANCE. SEE SUDAS STANDARD FIGURE 9040.120 CONCRETE WASHOUT AREA. 20 10 0 5 20 EROSION CONTROL NOTES: 1. CODE COMPLIANCE: THE CONTRACTOR IS RESPONSIBLE FOR COMPLIANCE WITH ALL POTENTIAL POLLUTION AND SOIL EROSION CONTROL REQUIREMENTS OF THE IOWA CODE, THE IOWA DEPARTMENT OF NATURAL RESOURCES (IDNR) NPDES PERMIT, THE US CLEAN WATER ACT AND ANY LOCAL ORDINANCES. THE CONTRACTOR SHALL TAKE ALL NECESSARY STEPS TO PROTECT AGAINST EROSION AND POLLUTION FROM THIS PROJECT SITE AND ALL OFF -SITE BORROW OR DEPOSIT FROM THIS PROJECT SITE AND ALL OFF -SITE BORROW OR DEPOSIT AREAS DURING PERFORMANCE OR AS A RESULT OF PERFORMANCE. 2. DAMAGE CLAIMS: THE CONTRACTOR WILL HOLD THE OWNER, ARCHITECT, AND ENGINEER HARMLESS FROM ANY AND ALL CLAIMS OF PUBLIC OR PRIVATE PROPERTY, INCLUDING REASONABLE ATTORNEY FEES INCURRED TO OWNER. FURTHER, IF THE CONTRACTOR FAILS TO TAKE NECESSARY STEPS TO PROMPTLY REMOVE EARTH SEDIMENTATION OR DEBRIS WHICH COMES ONTO ADJOINING PUBLIC OR PRIVATE PROPERTY, THE OWNER MAY, BUT NEED NOT, REMOVE SUCH ITEMS AND DEDUCT THE COST THEREOF FROM AMOUNTS DUE TO THE CONTRACTOR. 3. THE CONTRACTOR SHALL PROVIDE EROSION CONTROL MEASURES NECESSARY TO PROTECT AGAINST SILTATION, EROSION AND DUST POLLUTION WITHIN THE CONSTRUCTION LIMITS AND ANY OFF -SITE AREAS USED FOR THIS PROJECT. THIS EROSION CONTROL PLAN ILLUSTRATES GENERAL MEASURES AND BEST MANAGEMENT PRACTICES (BMP). ALL BMP'S AND EROSION CONTROL MEASURES REQUIRED AS A RESULT OF CONSTRUCTION ACTIVITIES ARE THE RESPONSIBILITY OF THE CONTRACTOR TO IDENTIFY, NOTE , AND IMPLEMENT. ADDITIONAL BMP'S FROM THOSE SHOWN ON THE PLAN MAY BE REQUIRED. 4. TO THE EXTENT POSSIBLE, LEAVE EXISTING GRASS PARKWAY AREAS UNDISTURBED UNTIL NEW CURB LINES HAVE BEEN BACKFILLED. 5. DO NOT RESTRICT DRAINAGE CHANNELS AND PROTECT ALL EXISTING DRAINAGE STRUCTURES. THE CONTRACTOR IS FULLY LIABLE FOR ALL DAMAGE TO PUBLIC OR PRIVATE PROPERTY CAUSED BY THEIR ACTION OR INACTION IN THE HANDLING OF STORM WATER FLOWS DURING CONSTRUCTION. EXTRA GRADING WORK NEEDED TO MAINTAIN POSITIVE DRAINAGE WITHIN THE CONSTRUCTION LIMITS IS CONSIDERED INCIDENTAL TO CONSTRUCTION. 6. THE CONTRACTOR IS RESPONSIBLE FOR BMP'S SHOWN ON THIS PLAN AND AS LISTED BELOW UNLESS INFEASIBLE OR NOT APPLICABLE: 6.1. PROVIDE AND MAINTAIN NATURAL BUFFERS AROUND SURFACE WATERS, DIRECT STORM WATER TO VEGETATED AREAS TO INCREASE SEDIMENT REMOVAL AND MAXIMIZE STORM WATER INFILTRATION, AND MINIMIZE SOIL COMPACTION. 6.2. INSTALL PERIMETER AND FINAL SEDIMENT CONTROL MEASURES SUCH AS SILT BARRIERS DOWNSTREAM OF SOIL DISTURBING ACTIVITIES PRIOR TO SITE CLEARING AND GRADING OPERATIONS. 6.3. PRESERVE EXISTING VEGETATION IN AREAS NOT NEEDED FOR CONSTRUCTION AND LIMIT TO A MINIMUM THE TOTAL AREA DISTURBED BY CONSTRUCTION OPERATIONS AT ANY TIME. 6.4. MAINTAIN ALL TEMPORARY AND PERMANENT EROSION CONTROL MEASURES IN WORKING ORDER, INCLUDING CLEANING, REPAIRING, REPLACEMENT, AND SEDIMENT REMOVAL THROUGHOUT THE PERMIT PERIOD. CLEAN OR REPLACE SILT CONTROL DEVICES WHEN THE MEASURES HAVE LOST 50% IF THEIR ORIGINAL CAPACITY. 6.5. INSPECT THE PROJECT AREA AND CONTROL DEVICES AND IMPLEMENT ANY RECOMMENDED OR ADDITIONAL MEASURES WITHIN SEVEN (7) DAYS. 6.6. PREVENT ACCUMULATION OF EARTH AND DEBRIS FROM CONSTRUCTION ACTIVITIES ON ADJOINING PUBLIC OR PRIVATE PROPERTIES, INCLUDING STREETS, DRIVEWAYS, SIDEWALKS, DRAINAGEWAYS, OR UNDERGROUND SEWERS. REMOVE ANY ACCUMULATION OF EARTH OR DEBRIS IMMEDIATELY AND TAKE REMEDIAL ACTIONS FOR FUTURE PREVENTION. 6.7. INSTALL NECESSARY CONTROL MEASURES SUCH AS SILT BARRIERS, EROSION CONTROL MATS, MULCH, DITCH CHECKS, OR RIP RAP AS SOON AS AREAS REACH THEIR FINAL GRADES AND AS CONSTRUCTION OPERATIONS PROGRESS TO ENSURE CONTINUOUS RUNOFF CONTROL. PROVIDE INLET AND OUTLET CONTROL MEASURES AS SOON AS STORM SEWERS ARE INSTALLED. 6.8. RESPREAD A MINIMUM OF 8" TOPSOIL (INCLUDING TOPSOIL FOUND IN SOD) ON ALL DISTURBED AREAS, EXCEPT WHERE PAVEMENT, BUILDINGS, OR OTHER IMPROVEMENTS ARE LOCATED. 6.9. STABILIZE UNDEVELOPED, UNDISTURBED AREAS WITH MULCH, TEMPORARY SEED MIX, PERMANENT SEED MIX, SOD, OR PAVEMENT AS SOON AS POSSIBLE UPON COMPLETION OR DELAY OF GRADING OPERATIONS. INITIATE STABILIZATION MEASURES IMMEDIATELY AFTER CONSTRUCTION ACTIVITY IS FINALLY COMPLETED OR TEMPORARILY CEASED ON ANY PORTION OF THE SITE AND WHICH WILL NOT RESUME FOR A PERIOD EXCEEDING 14 CALENDAR DAYS. 6.10. COORDINATE LOCATIONS OF STAGING AREAS WITH THE OWNER. UNLESS NOTED OTHERWISE, STAGING AREAS SHOULD CONTAIN THE FOLLOWING: JOB TRAILERS, FUELING/VEHICLE MAINTENANCE AREA, TEMPORARY SANITARY FACILITIES, MATERIALS STORAGE, AND CONCRETE WASHOUT FACILITY. CONTROL RUNOFF FROM STAGING AREAS WITH DIVERSION BERMS AND/OR SILT BARRIERS AND DIRECT TO A SEDIMENT BASIN OR OTHER CONTROL DEVICE WHERE POSSIBLE. CONCRETE WASHOUT MUST BE CONTAINED ONSITE. 7. FURNISH ALL MATERIALS; INSTALL, CONSTRUCT, MAINTAIN, AND REMOVE SPECIFIED EROSION CONTROL DEVICES; AT LOCATIONS SPECIFIED IN THE CONTRACT DOCUMENTS, OR WHERE SPECIFIED BY THE ENGINEER. 8. COMPLETE THE REQUIRED CONSTRUCTION WORK ON THIS PROJECT, WHILE MINIMIZING SOIL EROSION AND CONTROLLING WATER POLLUTION. MAINTAIN THESE FEATURES AS SPECIFIED , FROM INITIAL CONSTRUCTION STAGES TO FINAL COMPLETION OF THE PROJECT. 9. FILTER SOCKS 6 9.1. INSTALLATION: 9.1.1. FILL MESH FILTER SOCK WITH FILLER MATERIAL TO THE SIZE AND LENGTH SPECIFIED IN THE CONTRACT DOCUMENTS. 9.1.2. PLACE THE FILTER SOCK ALONG THE CONTOUR AS SPECIFIED IN THE CONTRACT DOCUMENTS OR AS DIRECTED BY THE ENGINEER. 9.1.3. CONSTRUCT A J-HOOK AT EACH END OF THE CONTINUOUS RUN OF FILTER SOCK, BY TURNING THE END OF THE SOCK UPHILL , AS NECESSARY TO PREVENT RUNOFF FROM FLOWING AROUND THE ENDS WHEN WATER BEHIND THE SOCK PONDS UP TO A LEVEL EVEN WITH THE TOP OF THE SOCK. 9.1.4. DRIVE STAKES INTO THE GROUND AT A MAXIMUM SPACING OF 10 FEET, AND AS REQUIRED TO SECURE THE SOCKS AND PREVENT MOVEMENT. 7 8 9.1.5. REPAIR OR REPLACE NON-FUNCTIONING FILTER SOCKS THAT ALLOW WATER TO FLOW UNDER THE SOCK, ARE TORN, OR ARE OTHERWISE DAMAGED, DUE TO INADEQUATE INSTALLATION. 9.1.6. REMOVE FILTER MATERIAL FROM DAMAGED SOCKS THAT ARE LOCATED ALONG STREAMBANKS, AROUND INTAKES, IN DITCHES, OR IN OTHER H LOCATIONS WHERE THE MATERIAL MAY BE CARRIED TO SURFACE WATERS. 13.2 REMOVAL: WHEN SPECIFIED IN THE CONTRACT DOCUMENTS, OR AS DIRECTED BY THE ENGINEER; REMOVE THE FILTER SOCK UPON COMPLETION OF THE PROJECT, AND AFTER FINAL STABILIZATION IS ACHIEVED; OR AS INDICATED IN THE SWPPP, IF APPLICABLE. 13.2.1 UPON COMPLETION OF THE PROJECT, COMPLETELY REMOVE SOCKS AND FILTER MATERIAL THAT ARE LOCATED ALONG STREAMBANKS, AROUND INTAKES, IN DITCHES, OR IN OTHER LOCATIONS WHERE THE FILTER MATERIAL MAY BE CARRIED TO SURFACE WATERS IF THE SOCK DEGRADES AND/OR TEARS. 13.2.2 SLICE THE SOCK LONGITUDINALLY, REMOVE AND DISPOSE OF THE FILTER SOCK MATERIAL AND STAGES. 13.2.3 SPREAD THE FILTER MATERIAL AND ACCUMULATED SEDIMENT TO MATCH FINISHED GRADE AND TO ENSURE PROPER DRAINAGE. 12.2.4 IF THE SITE HAS BEEN BROUGHT TO FINISHED GRADE AND PREPARED FOR PERMANENT SEEDING, SPREAD AND INCORPORATE THE FILTER MATERIAL INTO THE SURFACE BY TILLING, OR AS REQUIRED TO BREAK UP ANY LARGE PARTICLES AND PROVIDE A FINISHED SURFACE SUITABLE FOR PERMANENT SEEDING. 13.3 REPLACEMENT: 13.3.1 WHEN ACCUMULATED SEDIMENT REACHES A LEVEL ONE-HALF THE HEIGHT OF THE SOCK, OR WHEN THE SOCK BECOMES CLOGGED WITH SEDIMENT AND NO LONGER ALLOWS RUNOFF TO FLOW THROUGH, REMOVE THE SOCK AS DESCRIBED ABOVE, AND REPLACE ACCORDING TO THE INSTALLATION INSTRUCTIONS ABOVE. 13.3.2 AT THE ENGINEERS OPTION, THE EXISTING FILTER SOCK AND ACCUMULATED SEDIMENT MAY BE LEFT IN PLACE, AND A NEW FILTER SOCK INSTALLED UP -SLOPE FROM THE EXISTING FILTER SOCK. 10. STABILIZED CONSTRUCTION ENTRANCE (FIGURE 9040.120) 1 1 10.1. INSTALL A STABILIZED CONSTRUCTION ENTRANCE AT ALL LOCATIONS WHERE CONSTRUCTION TRAFFIC LEAVING THE SITE PRESENTS THE POTENTIAL FIR SEDIMENT TRACK -OUT. 10.2. REMOVE VEGETATION AND EXCAVATE SOFT SOILS FROM ENTRANCE AREA. THOROUGHLY COMPACT SUBGRADE PRIOR TO PLACING STONE. 10.3. INSTALL CULVERT UNDER ENTRANCE IF NECESSARY TO MAINTAIN DRAINAGE. GRADE ENTRANCE TO PREVENT RUNOFF FROM FLOWING ONTO STREET. DIRECT ALL RUNOFF FROM ENTRANCE TO A SEDIMENT RETENTION DEVICE. 10.4. WHEN SPECIFIED, INSTALL SUBGRADE STABILIZATION FABRIC PRIOR TO PLACING CRUSHED STONE. F E 10.5. INSTALL LAYER OF CRUSHED STONE TO THE THICKNESS (6 INCHES MINIMUM) H AND DIMENSIONS SPECIFIED IN THE CONTRACT DOCUMENTS. 10.6. REMOVE THE ACCUMULATED SEDIMENT AND INSTALL NEW STONE, AS REQUIRED TO PREVENT TRACK -OUT. 1. TEMPORARY EROSION CONTROL SEEDING: COMPLY WITH SECTION 9010. 2. SILT FENCE 12.1. FABRIC: COMPLY WITH IOWA DOT ARTICLE 4196.01. 12.2. POSTS: 4' MINIMUM STEEL (T-SECTION) WEIGHING AT LEAST 1.25 LBS/FT, EXCLUSIVE OF ANCHOR PLATE. PAINTED POSTS ARE NOT REQUIRED. 12.3. FASTENER: WIRE OR PLASTIC TIES WITH A MINIMUM TENSILE STRENGTH OF 50 LBS. 12.4. INSTALLATION: 12.4.1. INSTALL MATERIAL ALONG THE CONTOUR OF THE GROUND, AS SPECIFIED IN THE CONTRACT DOCUMENTS, OR AS DIRECTED BY THE ENGINEER. 12.4.2. INSTALL SILT FENCE WITH A MECHANICAL SOIL SLICING MACHINE THAT CREATES A SLIT IN THE GROUND WHILE SIMULTANEOUSLY INSTALLING THE FABRIC. THE TRENCHING METHOD MAY BE USED WHEN SITUATIONS WILL NOT ALLOW SOIL SLICING, AS DETERMINED BY THE ENGINEER. 12.4.3. CONSTRUCT A J-HOOK AT EACH END OF A CONTINUOUS RUN OF SILT FENCE, BY TURNING THE END OF THE SILT FENCE UPHILL, AS NECESSARY TO PREVENT RUNOFF FROM FLOWING AROUND ENDS WHEN WATER BEHIND THE FENCE PONDS TO A LEVEL EVEN WITH THE TOP OF THE FENCE. 12.4.4. INSERT 12 INCHES OF FABRIC TO A MINIMUM DEPTH OF 6 INCHES (FABRIC MAY BE FOLDED BELOW THE GROUND LINE). 12.4.5. COMPACT INSTALLATION BY DRIVING ALONG EACH SIDE OF THE SILT FENCE, OR BY OTHER MEANS, AS NECESSARY TO ADEQUATELY SECURE THE FABRIC IN THE GROUND TO PREVENT PULLOUT AND WATER FLOW UNDER THE FENCE. 12.4.6. DRIVE STEEL POSTS INTO THE GROUND ALONGSIDE THE SILT FENCE, TO A MINIMUM DEPTH OF 20 INCHES, UNLESS OTHERWISE SPECIFIED BY THE ENGINEER. SPACE POSTS AS SHOWN ON FIGURE 9040.119 OR AS REQUIRED TO ADEQUATELY SUPPORT THE FENCE. 12.5. MAINTENANCE: REPAIR OR REPLACE NON-FUNCTIONING SILT FENCE THAT ALLOWS WATER TO FLOW UNDER THE FENCE, IS TORN, OR IS OTHERWISE DAMAGED DUE TO INADEQUATE INSTALLATION, AT NO ADDITIONAL COST TO THE CONTRACTING AUTHORITY. 12.6. REMOVAL: 12.6.1. REMOVE THE SILT FENCE UPON FINAL STABILIZATION OF THE PROJECT AREA, OR ACCORDING TO THE STAGING INDICATED IN THE SWPPP. REMOVE AND DISPOSE OF SILT FENCE AND POSTS. 12.6.2. REMOVE SEDIMENT OR SPREAD TO MATCH FINISHED GRADE; ENSURE PROPER DRAINAGE. 12.6.3. STABILIZE THE AREA DISTURBED BY REMOVAL OPERATIONS. 12.7. REPLACEMENT: 12.7.1. WHEN ACCUMULATED SEDIMENT REACHES A LEVEL ONE-HALF THE HEIGHT OF THE FENCE, REMOVE THE SILT FENCE AS DESCRIBED ABOVE AND REPLACE ACCORDING TO THE INSTALLATION INSTRUCTIONS ABOVE. 12.7.2. AT THE ENGINEERS OPTION, THE EXISTING SILT FENCE AND ACCUMULATED SEDIMENT MAY BE LEFT IN PLACE AND A NEW SILT FENCE INSTALLED UP -SLOPE FROM THE EXISTING SILT FENCE. 12.7.3. WHEN ALLOWED BY THE ENGINEER, THE EXISTING SILT FENCE MAY BE LEFT IN PLACE AND THE ACCUMULATED SEDIMENT REMOVED TO THE ORIGINAL GROUND LINE AND WITHIN 6 INCHES OF THE SILT FENCE. CAREFULLY INSPECT THE EXISTING SILT FENCE FOR STRUCTURAL INTEGRITY AND SIGNS OF UNDERMINING MAKE ANY NECESSARY REPAIRS. 9 10 D B U) 0 ct 0 Y COM PAN g BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 INFO@KIRKGROSS.COM DESCRIPTION w 0 PROJECT NO. 42 E. TOWER PARK DRIVE PROJECT NORTH WATERLOO, THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT BY KIRK GROSS COMPANY GRADING & EGOS ON CONTROL DEAN Page 497 of 539 1 2 3 4 5 6 8 9 10 L_ H 0 F E ,913 0 A GRADE BREAK 906' 0 11- 0 _ _-=_______= -- =- -- ME=914.16 M E=913.98 ME=914.45 0 0 - - 918_ f PV=914.26 PV=914.09 ME=914.5 g16 g17 ME=915.74 \-SW=916.47 SW=916.46 ME=914.77 ME=915.01 ME=915.66 FFE=916.50' PV=915.74 PV=915.74 BR=915.91 SW=916.50 PV=914.50 •BR=915.917 • ME=913.97 ME=914.73 ME=914.70 PV=915.74 ME=913.81 M E=913.94 TC=915.76 TC=916.04 y/6 TR=916.40 SW/TC=916.47 SW=916.50 / ME=914.09 ME=914.53 TC=915.76 SW/TC=916.47 \ - SW=916.47 ME=916.37 ME=914.33 ME=914.13 ME=914.68 ME=914.76 \-ME=915.35 ME=915.77 TME=916.31 iME=916.45 iME=916.44 / / I I I I I 0 I I I I I 1 1 1 1 ME=916.43 \ \ 0 \ / / / / 917 A ME=916.96 I / TC=917.17 SPOT ELEVATION LEGEND: SW = TOP OF SIDEWALK ELEVATION TC = TOP OF CURB ELEVATION PV = TOP OF PAVEMENT ELEVATION ME = MATCH ELEVATION FF = FINISHED FLOOR ELEVATION TR = TOP OF RAMP ELEVATION BR = BOTTOM OF RAMP ELEVATION SW/TC = TOP OF SIDEWALK/TOP OF CURB ELEVATION = DRAINAGE DIRECTION P.C.C. MODIFIED SUBBASE IOWA DOT 4121, 4123, OR 4132 SCARIFIED AND RECOMPACTED SUBGRADE P.C.C. SCARIFIED AND RECOMPACTED SUBGRADE PAVING NOTES: STANDARD PCC PAVEMENT SUBGRADE PREPARATION & AGGREGATE SHALL EXTEND 24" BEYOND BACK OF CURB OR EDGE OF PAVING PCC SIDEWALK SUBGRADE PREPARATION SHALL EXTEND 24" BEYOND BACK OF CURB OR EDGE OF PAVING 1. ALL SLOPES IN PAVEMENT SHALL BE UNIFORM TO AVOID PONDING 2. ALL DIMENSIONS TO BACK OF CURB UNLESS NOTED OTHERWISE 3. MODIFIED SUBBASE MATERIAL TO MEET IOWA DOT SPECIFICATIONS SECTION 4123. COMPACT MODIFIED SUBBASE NOT LESS THAT 95% OF MAX. STANDARD DENSITY OR 70% RELATIVE DENSITY (ASTM D4253 AND D4254) AND MOISTURE CONTENT NOT LESS THAN OPTIMUM OR MORE THAN 4% ABOVE OPTIMUM. 4. CURB SHALL BE BACKFILLED IMMEDIATELY FOLLOWING APPROVED CONCRETE MATERIAL TESTING REPORTS OR MATURITY TO MINIMIZE SATURATION OF THE SUBGRADE. 5. EXPANSION JOINTS TO BE PLACED BETWEEN ALL NEW AND EXISTING PAVEMENTS. 6. REMOVE AND REPLACE OR RESTORE ALL STREET SIGNS, PAVEMENT MARKINGS, SIDEWALK LAMPS, SIDEWALKS, LANDSCAPE STRUCTURES, CURB AND GUTTER, STREETS, DRIVES, AND ALL OTHER SURFACE STRUCTURES REMOVED OR OTHERWISE DAMAGED DURING THE COURSE OF THE WORK. SIDEWALKS SHALL BE REMOVED AND REPLACED TO NEAREST JOINT BEYOND CONSTRUCTION AREA. 7. REFER TO TYPICAL JOINTING AND SUDAS SW-101 DETAILS FOR JOINTING DETAILS. CONTRACTOR SHALL SUBMIT A JOINTING PLAN PRIOR TO PAVING FOR ENGINEERS APPROVAL. 8. SUITABLE SUBGRADE SOIL BELOW PAVEMENTS TO BE SCARIFIED 1' IN DEPTH AND RECOMPACTED BEFORE PLACEMENT OF SUBBASE. 5. INTEGRAL CURB TO BE INSTALLED WITH PARKING LOT PAVEMENT. 6. ALL PAVEMENT JOINTS TO BE CLEANED AND SEALED PRIOR TO PROJECT ACCEPTANCE. SIDEWALKS AND RAMPS: 1. COMPLIANCE WITH CROSS SLOPES AND GRADES, AS WELL AS ALL OTHER ELEMENTS FOR SIDEWALKS AND CURB RAMPS IS CRUCIAL. IF THE CONSTRUCTION CANNOT BE COMPLETED AS SPECIFIED IN THE CONTRACT DOCUMENTS IT MAY BE NECESSARY TO ADJUST SLOPES WITHIN THE ACCEPTED LEGAL LIMITATIONS. CONTACT THE ENGINEER PRIOR TO PLACEMENT OF THE CONCRETE IF CHANGES FROM THE VALUES SPECIFIED IN THE CONTRACT DOCUMENTS ARE BEING MADE. 2. NEW PAVEMENT AND SIDEWALK SHALL BE CONSTRUCTED TO MEET ADA ACCESSIBLE SLOPE REQUIREMENTS. PAVEMENT WITHIN THE ADA HANDICAP ACCESSIBLE PARKING STALLS SHALL BE NO GREATER THAN 2% SLOPE IN ANY DIRECTION, 1.5°/0 IS IDEAL. REFER TO SUDAS FOR ADDITIONAL DETAIL. ALL NEW PAVEMENTS THAT DO NOT MEET THE SLOPE REQUIREMENTS SHALL BE REPLACED BY THE CONTRACTOR AT NO EXPENSE TO THE OWNER. 3. SIDEWALK JOINTING TO LINE UP WITH PARKING LOT JOINTING TO PREVENT HAIRLINE CRACKS. 4. SIDEWALK ADJACENT TO PARKING LOT PAVING SHALL MATCH DETAIL 1 SUDAS 7030.202. PAVEMENT PROTECTION: 1. WEATHER CONDITIONS: DO NOT PLACE CONCRETE WHEN STORMY OR INCLEMENT WEATHER OR TEMPERATURE PREVENTS GOOD WORKMANSHIP. TEMPERATURE RESTRICTIONS AND PROTECTION REQUIREMENTS MAY BE MODIFIED BY THE ENGINEER UNDER UNUSUAL CONDITIONS. LEGEND: ---499-- - inn - 499 500 DRY CURB WET CURB EXISTING 1' CONTOUR EXISTING 5' CONTOUR PROPOSED 1' CONTOUR PROPOSED 5' CONTOUR 10 5 0 10 H 0 F E D 0 B 0 0 cr'nk ct, COMPANY i BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 INFO©KIRKGROSS.COM 0 W A Cn DESCRIPTION w n EWOKS PROJECT NO.: 42 E. TOWER PARK DRIVE PROJECT NORTH ADDENDUM #1 02-20-2023 WATERLOO, THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT BY KIRK GROSS COMPANY PAV NG DLAN y 1 2 3 4 5 6 7 8 9 10 Page 498 of 539 PLANT SCHEDULE 2 _ 3 4 5 7 8 9 10 L_ 02: 23 , Mtodesk Docs: //Jake's Fireworks/Jokes Fireworks.rvt H F E D (2) CR (2) CA2 A TREES ORNAMENTAL TREES SHRUBS CODE QTY BOTANICAL / COMMON NAME ER 6 Existing to Remain / Existing to Remain TB 2 Tilia americana 'Boulevard' / Boulevard Linden CODE QTY BOTANICAL / COMMON NAME CA2 2 Cercis canadensis 'Appalachian Red' / Appalachian Red Eastern Redbud CR 2 Cercis canadensis 'Royal White' / Royal White Redbud CODE QTY BOTANICAL / COMMON NAME NJ 14 Ceanothus americanus / New Jersey Tea CA 30 Cornus sericea 'Farrow' TM / Arctic Fire Red Twig Dogwood EVERGREEN SHRUBS CODE QTY BOTANICAL / COMMON NAME GROUND COVERS 0 0 0 O cn H- ) 0 N 0 0 N JO 44 Juniperus virginiana 'Grey Owl' / Grey Owl Juniper CODE QTY BOTANICAL / COMMON NAME FH 15,101 sf Festuca var. / Heal -Tolerant Fescue Seed RR 895 sf Rock Mulch / Native Buff Rock PLANT SCHEDULE NTS m 0 0 /m 0 N N, G(D) SS(Di)4 T2(7?) G(D) SS(D) ? T2(�� v G(D) SS(D4p) 0 CONT Existing B&B, 2" Cal. CONT B&B, 2" Cal. B&B, 2" Cal. CONT 2 gal 2 gal CONT 2 gal CONT SF SF gP� G(D) SS(D) T2P; (1) TB rui(u) +—i STAKING ORIENTATION 2 STAKES 3 STAKES 2 STAKES - 3" CAL. OR LESS 3 STAKES - GREATER THAN 3" CAL. STAKING WIRE ENSURE SLACK FOR TREE MOVEMENT FLEXIBLE FLAT STRAP TREE WRAP DECIDUOUS TREE PLANTING 1/2" = 1'-O" F01 D) SS(f}1) 2( 913' 914 915- 916' G(D) I / 2" LOCAL RIVER ROCK @ 4" DEPTH. ROCK TO BE APPROVED BY OWNER AND LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. DECIDUOUS TREE, PRUNE DEAD OR DAMAGED BRANCHES AS NECESSARY ARBOR TIE OR EQUIVALENT, AS SPECIFIED STEEL FENCE POST OR SIMILAR ROOT BASE 1" ABOVE GRADE, MINIMUM 3" DEPTH HARDWOOD MULCH, AS SPECIFIED REMOVE TOP 3 OF BURLAP, TWINE, ROPE AND BASKET FROM ROOTBALL SCARIFY SIDES AND BOTTOM OF PLANTING PIT PLANTING SOIL MIX AS SPECIFIED UNDISTURBED SOIL 329343.01-03 ALL MATERIAL ROOTBALL DIAMETER ROOTBALL DIAMETER ROOT BALL (CONTAINER GROWN) REMOVE ENTIRE CONTAINER BEFORE INSTALLATION DECIDUOUS SHRUB, PRUNE DEAD OR DAMAGED BRANCHES AS NECESSARY PLANT ROOT COLLAR 1" ABOVE GRADE BALL AND BURLAP, CUT ALL CORDS AND REMOVE COVERING FROM PLANT BEFORE INSTALLING 3" DEPTH HARDWOOD MULCH, AS SPECIFIED SCARIFY SIDES AND BOTTOM OF PLANTING PIT PLANTING SOIL MIX, AS SPECIFIED UNDISTURBED SOIL SHRUB AND PERENNIAL PLANTING 1/2" = 1'-0" 329333.01-04 LANDSCAPE REQUIREMENTS CODE REQUIREMENT REQUIRED PROVIDED VEHICLE USE AREA .035 POINTS PER SQFT OF VEHICLE USE AREA 8,133 SQFT VEHICLE USE AREA 285 POINTS REQUIRED 9 SHRUBS AND 2 OVERSTORY TREES + 1 EXISTING TREE = 285 POINTS PROVIDED STREET TREE PLANTING KIMBALL AVENUE 1.5 POINTS PER LF OF FRONTAGE (214 LF) 321 POINTS REQUIRED 36 SHRUBS AND 4 ORNAMENTAL TREES = 340 POINTS PROVIDED* EAST TOWER PARK DRIVE 1.5 POINTS PER LF OF FRONTAGE (220 LF) 330 POINTS REQUIRED 41 SHRUBS AND 4 EXISTING TREES = 365 POINTS PROVIDED* *UTILITY/DETENTION RESTRICTS TREE PLANTING AREA, ADDITIONAL SHRUBS PROVIDED TO MEET REQUIREMENT LANDSCAPE NOTES: 1 FIELD VERIFY UTILITIES SHOWN ON PLANS PRIOR TO WORK COMMENCEMENT. INFORMATION SHOWN ON PLAN IS FROM AVAILABLE INFORMATION AND ALL LOCATIONS SHOWN SHOULD BE CONSIDERED APPROXIMATE. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGE TO UTILITIES MADE FROM CONSTRUCTION ACTIVITY. IMMEDIATELY NOTIFY PROJECT LANDSCAPE ARCHITECT AND ENGINEER IF DISCREPANCIES ARISE. 2. COMPLETE REQUIRED LANDSCAPING FOR THE ENTIRE SITE IN CONFORMANCE TO THE PLANS AND SPECIFICATIONS, INCLUDING BUT NOT LIMITED TO: SEEDED AREAS, SODDED AREAS, SHRUB BEDS, AND SITE CLEAN-UP. 3. VERIFY QUANTITIES PRIOR TO COMMENCING WORK. REPORT DISCREPANCIES TO THE LANDSCAPE ARCHITECT. PLANT MATERIAL TO BE SPACED AS SHOWN, UNLESS OTHERWISE NOTED. 4. PLANT MATERIAL SHALL COMPLY WITH ALL SIZING AND GRADING STANDARDS OF LATEST EDITION OF AMERICAN STANDARD FOR NURSERY STOCK (A.S.N.S.) LATEST EDITION PUBLISHED BY (ANLA) ANSI 260.1. THIS IS A REPRESENTATIVE GUIDELINE SPECIFICATION ONLY AND WILL CONSTITUTE MINIMUM QUALITY REQUIREMENTS FOR THE PLANT MATERIAL. 5. THE OWNER RESERVES THE RIGHT TO SUBSTITUTE PLANT MATERIAL, TYPE, SIZE AND/OR QUANTITY. LARGER SIZED PLANT MATERIALS OF THE SPECIES LISTED MAY BE USED IF THE STOCK CONFORMS TO A.S.N.S. VEGETATION SUBSTITUTIONS SHALL BE APPROVED BY PROJECT LANDSCAPE ARCHITECT. SUBSTITUTIONS MADE WITHOUT WRITTEN APPROVAL WILL BE REPLACED WITH APPROVED SELECTIONS AT CONTRACTOR'S COST. 6. DISTURBED AREAS DUE TO CONSTRUCTION ACTIVITIES NOT IDENTIFIED ON THESE PLANS SHALL BE REPAIRED AND RESTORED TO ORIGINAL OR BETTER CONDITIONS AT CONTRACTOR'S COST. SOD WITH A TURF -TYPE TALL FESCUE BLEND SHALL BE PROVIDED FOR AREAS NOT DESIGNATED AS BEDS & PAVEMENT. 7. CONTRACTOR SHALL COMPLY WITH APPLICABLE CODES AND ORDINANCES REGARDING LANDSCAPING. REFER TO SPECIFICATIONS FOR PLANT MATERIAL, SOILS, AND INSTALLATION METHODS. 8. INSTALL PLANT MATERIAL IN ACCORDANCE WITH A.S.N.S. STANDARDS. 9. INSTALL FINISHED GRADES OF SOD, LANDSCAPE BEDS, AND MULCH 1" BELOW ABUTTING PAVEMENT SURFACES TO ALLOW UNINHIBITED DRAINAGE TO NON -PAVEMENT SURFACES. 10. REMOVE ALL TWINE, WIRE, AND BURLAP FROM TREE AND SHRUB ROOT BALLS. REMOVE ALL PLASTIC WRAP, FABRIC ROPE, ROT PROOF WRAP, AND PLANT IDENTIFICATION TAGS. 11. TREES SHALL NOT BE PLANTED CLOSER THAN EIGHT HORIZONTAL FEET OF UNDERGROUND UTILITIES UNLESS OTHERWISE NOTED OR PER PLANS. MODIFICATIONS TO TREE PLACEMENT SHALL BE COORDINATED WITH THE LANDSCAPE ARCHITECT AND CAN BE SUBJECT TO CITY REVIEW AND APPROVAL. CONTRACTOR IS RESPONSIBLE FOR UNAPPROVED RELOCATION(S) OR MODIFICATION(S) TO TREE LOCATIONS. 12. PROVIDE NATURAL TOPSOIL THAT IS FERTILE, FRIABLE, WITHOUT MIXTURE OF SUBSOIL MATERIALS, AND OBTAINED FROM A WELL DRAINED, AVAILABLE SITE. IT SHALL NOT CONTAIN SUBSTANCES WHICH MAY BE HARMFUL TO PLANT GROWTH. TOPSOIL SHALL BE SCREENED AND FREE FROM CLAY, LUMPS, STONES, ROOTS, PLANTS, OR SIMILAR SUBSTANCES 1" OR MORE IN DIAMETER, DEBRIS, OR OTHER OBJECTS WHICH MIGHT BE A HINDRANCE TO PLANTING OPERATIONS. TOPSOIL SHALL CONTAIN AT LEAST 4-6% ORGANIC MATTER BY WEIGHT AND HAVE A PH RANGE OF 5.5 TO 7.0. 13. PLANT MATERIAL AND IRRIGATION SYSTEM TO BE GUARANTEED FOR ONE (1) YEAR FROM THE DATE OF SUBSTANTIAL COMPLETION AND ACCEPTANCE. PLANT MATERIALS SHALL BE A ONE -TIME -REPLACEMENT AND RECORDS KEPT BY THE LANDSCAPE CONTRACTOR FOR ALL REPLACEMENTS. 14. PLANT MATERIAL SHALL BE OF EXCELLENT QUALITY, FREE OF DISEASE & INFESTATION -TRUE TO TYPE, VARIETY, SIZE SPECIFIED, & FORM PER ANSI STANDARDS. 15. WATER -IN EACH PLANT IMMEDIATELY FOLLOWING INSTALLATION AND CONTINUE WATERING ROUTINE UNTIL SUBSTANTIAL PROJECT COMPLETION. CONTRACTOR IS REQUIRED TO COORDINATE WATERING REQUIREMENTS TO THE OWNER THEREAFTER. 16.STACKED TOPSOIL SHALL NOT EXCEED 4' IN HEIGHT 17.EXISTING TREES TO BE RESTORED TO AN ATTRACTIVE AND HEALTHY STANDARD SUCH THAT PROPER GROWTH AND LONGEVITY OF THE PLANT IS PROMOTED. IRRIGATION NOTES: 1. DELEGATED DESIGN: CONTRACTOR SHALL ENGAGE A QUALIFIED DESIGN PROFESSIONAL TO PREPARE DESIGN DRAWING(S) FOR REVIEW AND APPROVAL BY THE OWNER AND ENGINEER/LANDSCAPE ARCHITECT. 2. ANY EXISTING IRRIGATION SYSTEM ON THE PROJECT SITE SHALL BE REVIEWED BY THE DESIGN PROFESSIONAL, INCLUDING ALL CONNECTIONS TO EXISTING WATER SOURCES AND EXPANDABILITY OF ANY EXISTING CONTROLLERS. CONTRACTOR SHALL MATCH EQUIPMENT TYPE TO ENSURE COMPATIBILITY WITH ANY EXISTING SYSTEM. 3. IRRIGATION TO EXTEND FROM PROPERTY LINES TO BACK OF CITY SIDEWALKS AND/OR CURBS. 4. INSTALL (2) 4" DIAMETER PVC PIPE SLEEVES WHERE IRRIGATION LINES CROSS OR ARE UNDER PAVEMENT. PLACE SLEEVES AND MARK CLEARLY ABOVE GROUND FOR EASE OF FINDING. 5. IRRIGATE LANDSCAPED AND TURF AREAS SHALL BE WITH PERMANENT, AUTOMATED SYSTEM. PROVIDE A DESIGN TO COVER THE NEW LANDSCAPE AREAS WITH HEAD TO DRIP IS PERMITTED. 6. COORDINATE BACKFLOW, TAP & METER WITH THE GENERAL CONTRACTOR (GC) AND THE GC'S LICENSED PLUMBER. H F E D 0 8 0 Y Y COMPAN'7 BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 INFO©KIRKGROSS.COM O W A Cn DESCRIPTION w 1- 0 REWORKS L_ PROJECT NO.: TOWER PARK DIVE • PROJECT NORTH ADDENDUM #1 02-17-2023 N 0 0 Ln WATERLOO, THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT © BY KIRK GROSS COMPANY LANDSCA PLAN LANDSCAPE PLAN 1"=20' 2 3 4 5 C2D LANDSCAPE NOTES NTS 6 7 8 9 10 P L 100 Page 499 of 539 J 1 _L 2 _L 3 4 _L 5 8 _L 7 _L 8 _L 9 10 H H H 0 H F H E B A 0 9 N 0 0 120'-3" 20'-1Y2" 20'-0" 20'-0" 20'-0" 0 O 20'-0" 20'-1%" 0 1%" 410 L 410 B.O.F. = 97'-6" 0 N 2 S500 410 FOUNDATION PLAN L h II T.O.G. = 99'-0" i L i 4 T L T.O.G. = 99'-0" T—I— I L SIM. 5" CONC SLAB W/ 6X6-W2.9XW2.9 WELDED WIRE FABRIC, CENTERED IN THE SLAB DEPTH, OVER OVER 10MIL VAPOR BARRIER WITH TAPED EDGES. PROVIDE A LAYER OF 6" CLEAN AGGREGATE BASE OVER A 24" LOW VOLUME CHANGE LAYER TYP. I I I FF ELEV = 100'-0" CIVIL ELEV= 916.50' B.O.F. = 97'-6" L II TYP. L II -4 L PI h II — J I — — I 4 tirr I II I L—f—J II 4 L--- T L J 410 410 L'I• B.O.F. = 97'-6" 118"=1'-0" W tZ BASE PLATE PLACEMENT J a LEGEND: B.O.F. T.O.F. T.O.G. T.O.S. T.O.W. FF ELEV. O.C. E.W. F# C.J. T&B PLAN NOTES: PER PLAN CL OUTER ANCH BOLTS L BASE PLATE BOTTOM OF FOOTING TOP OF FOOTING TOP OF GRADE BEAM TOP OF SLAB TOP OF WALL FINISH FLOOR ELEVATION ON CENTER EACH WAY FOOTING MARK CONSTRUCTION JOINT TOP AND BOTTOM 1. CENTER FOOTINGS UNDER THE COLUMNS. 2. SEE GENERAL NOTES FOR GEOTECHNICAL RECOMMENDATIONS FOR LPM UNDER THE FOUNDATIONS. 3. REFER TO THE PE BUILDING MANUFACTURER DRAWINGS FOR BASE PLATE SIZE, BOLT SIZE AND LOCATIONS, AND COLUMN LOCATIONS. 4. SEE S500 FOR FOUNDATION AND TYPICAL CONCRETE DETAILS. 5. SEE MECHANICAL AND ARCHITECTURAL FOR SLOPED SLABS, LOCATIONS OF DRAINS, AND DOOR OPENINGS. 6. CRACKS IN THE SLAB ARE NOT ACCEPTABLE. ANY CRACK WIDER THAN A HAIRLINE CRACK MUST BE REPAIRED BY THE CONTRACTOR BY REMOVING AND REPLACING THE CONCRETE PANEL TO THE CONTROL JOINTS. 7. CONTROL JOINTS ARE TO BE SPACED A MAXIMUM OF 10 FEET APART, AS SHOWN ON THE PLAN. 8. FROST DEPTH IS 42" BELOW GRADE, CONTRACTOR MUST VERIFY THAT ALL FOUNDATIONS MEET THIS REQUIREMENT. BOF ELEVATIONS SHOWN ON THE PLANS MAY CHANGE IF REQUIRED TO MEET FROST DEPTH. 9. BRACED BAY SIGNIFIES STRUCTURAL STEEL LATERAL BRACING PER PE BUILDING MFR. MARK FOOTING LENGTH X WIDTH FOOTING DEPTH REINFORCEMENT ANCHOR EMBEDMENT F1 3'-0" x 3'-0" 1'-6" #5 @ 12" O.C. E.W. T&B 31" F2 6'-0" x 6'-0" 1'-6" #5 @ 12" O.C. E.W. T&B 31" William Cord NO. P26653 EXPIRES 12/31/2024 I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA IOWA CERTIFICATE OF AUTHORITY NO. 26887 EXPIRES: DECEMBER 31, 2023 H D B A 11< 1 D rn P A N Y BOX 2097 4015 ALEXANDRA DR. WATERLOO. IA 50704 PH: (319) 234-6641 INFOOKIRKGROSS.COM DESCRIPTION LL Li PROJECT NO.: N co IIY a to 0 � Q w O Op L1J PROJECT NORTH 1w !MN IIp1MN Mt MINN NO OMAN% O it !HAMMY 0►1s NNc MOM 0011AivMSOPIMA= UNI O MIMS 110111110. M w OMOIi =WANT FOUNDATION PLAN s100 1 2 3 4 5 8 7 8 9 1 10 P Page 500 of 539 I 2 _L 3 4 I 5 _L 6 _L 7 8 _L 9 10 H 1 #5 "U" BAR LAPPED WITH TIE BEAM REINFORCEMENT TO BE PLACED TIGHT AGAINST OUTER MOST ANCHOR BOLTS, TYP. (3) #3 STIRRUPS IN FIRST 5" G (IN THE SLAB) & #3 STIRTUPS @ 12" O.C. BELOW F H E H D C B A c 1 L_ (10) #5 BARS W/ STANDARD ACI HOOK AT BOTTOM o 1'-0" 0" FOUNDATION PEDESTAL W/ TIE BEAM 7 PARKING LOT/SIDEWALK OCCURS AT SIM. SEE CIVIL DRAWINGS FOR EXTENTS z BELOW FINISHED GRADE PER PEMB MANUFACTURER 24 31 r #4 BENT BAR @ 12" O.C. #4 BAR CONT. III — III —III —I I IIII III III (10) #5 W/ STANDARD ACI HOOK AT BOTTOM - BARS TO CONTINUE INTO SLAB a CC 1= REINF. SLAB PER GENERAL NOTES 60 0 60 z_ r #5 "U" BAR LAPPED WITH TIE / BEAM REINFORCEMENT GRADE BEAM BEYOND (2) #3 STIRRUPS 1 • PER SCHEDULE SECTION A PER SCHEDULE REINF PER SCHEDULE S500 24 31 r #4 BENT BAR @ 12" O.C. #4 BAR CONT. PARKING LOT / SIDEWALK OCCURS AT SIM BE :II 1-111E111E111 111111111 (2) #4 BARS CONT. 1'-0" SECTION AT GRADE BEAM PROVIDE A MATCHING BAR ON EACH SIDE OF SLEEVE THAT INTERRUPTS HORIZONTAL OR VERTICAL REINFORCEMENT REINF. SLAB PER GENERAL NOTES i— 0 #4 BARS @ 12" O.C. CONT. #4 BARS @ 12" O.C. EACH FACE. (3) BARS MIN AV SINGLE SLEEVE 3/4"=1'-0" SEE SINGLE SLEEVE REQUIREMENTS FOR OPENINGS UP TO 12'" PROVIDE ADDITIONAL DIAGONAL BAR EACH SIDE OF OPENING TO MATCH MIN. OF VERTICAL OR HORIZONTAL BAR SIZE EACH FACE NOTES: 1. DETAIL APPLIES FOR SLEEVES UP TO 12" DIAMETER. ALL SLEEVES SHALL BE MINIMUM 4'-0" FROM EDGE OF CONCRETE. 2. "S" SHALL BE EQUAL OR GREATER THAN THE GREATER OF D1, D2, OR 3'-0". IF REQUIRED LAYOUT CANNOT CONFORM TO THESE REQUIREMENTS, CONSIDER GROUPING AS ONE COMBINED OPENING. 3. ALL SLEEVES NOTES SHOWN ON CONCRETE ELEVATIONS SHALL BE SUBMITTED TO FOR FOR REVIEW & APPROVAL. 6 \TYPICAL SLEEVE PLACEMENT IN FOUNDATION 314"=1'-0" REINF. SLAB PER GENERAL NOTES '11 III�III' (3) #5 BARS CONT. 1'-6" THICKENED SLAB TIE BEAM INIED i�i 1.11111 •__ifl__IIIII Err—• DEV. LENGT S DEVELOPMENT MULTIPLE SLEEVE LENGTH S500 3/4"=1-0" FOR #3 THRU #8 FOR #9 THRU #11 FOR #14 THRU #18 0 0o 00 o z z z Q w w 1'-0" 1'-0" @4@12"O.C. IIII 1111 III SLAB ON GRADE SUB BASE, SEE PLAN AND TYPICAL SLAB ON GRADE DETAIL 3/4"=1'-0" y 4DB ,, 5DB y 6DB 12DB FOR #6, #7, #8 6DB FOR #3, #4, #5 90° HOOK 135° HOOK T FOR #8 BARS AND SMALLER: 0 (3) #3 STIRRUPS IN FIRST 5" (IN THE SLAB) & #3 STIRRUPS @ 12" O.C. BELOW / Y 6" ), , PARKING LOT/SIDEWALK OCCURS AT SIM. SEE CIVIL DRAWINGS FOR EXTENTS (8) #5 BARS W/ STANDARD ACI HOOK AT BOTTOM — 7 2 \ FOUNDATION PEDESTAL - GRIDS B & C BELOW FINISHED GRADE PER PEMB MANUFACTURER 24 31 r #4 BENT BAR @ 12" O.C. #4 BAR CONT. '1 1E1 11E111-1 I III I IIII I111 I111 11111 1,�,111 111 111 (8) #5 W/ STANDARD ACI HOOK AT BOTTOM - BARS TO CONTINUE INTO SLAB CO a Ct CO 0 REINF. SLAB PER GENERAL NOTES GRADE BEAM BEYOND (2) #3 STIRRUPS PER SCHEDULE SECTION A REINF PER SCHEDULE lilt DB CORNER TIE HOOK S500 135° CROSS TIE STIRRUP & TIE HOOK SCHEDULE BAR SIZE D (IN.) 90° HOOKA OR G (IN.) 135° HOOK A OR G (IN.) #3 1 1/2 4 4 #4 2 4 1 /2 41 /2 #5 21/2 6 51/2 D=INSIDE DIAMETER OF BEND 7 \TYPICAL REINFORCING BAR BEND DETAIL S500 N.T.S. Q CONTRACTION JOINT Y8" SAWN OR PREFORMED JOINT R=%" MAX. —, "T" SEE PLAN #4X2'-0" LONG @ 12" O.C. 111111111111111111 II-111-III Q — CONSTRUCTION / JOINT SEE NOTE 1 2" ISOLATION JOINT %" FULL DEPTH JOINT FILLER II II III III=III 1-1 I I —III —I 1 1—IIII I I —III —I I I (1) #3 BAR CONT. EA. SIDE OF JOINT SUPPORTED INDEPENDENTLY FROM DOWELS NOTES: 1. LOCATE CONSTRUCTION JOINTS AT CONTROL JOINT LOCATIONS SHOWN ON PLAN. MATCH CONTRACTION JOINT PROFILE. 2. MAXIMUM SPACING BETWEEN SAW JOINTS PER PLAN, SEE PLAN NOTE 8. 3. CONTINUE SLAB ON GRADE REINFORCING , UNO. PROVIDE TENSION LAP SPLICE AS REQUIRED. 4. DO NOT PLACE DOWELS WITHIN 12" OF A SLAB CORNER. 5. SLAB REINFORCEMENT SHALL BE CHAIRED BY SOIL -SUPPORTED SLAB BOLSTERS. TYPICAL SLAB N GRADE JOINTS CLAS B SPLICE PER GEN NOTES (24" MIN) CLAS B SPLICE PER GEN NOTES (24" MIN) • • . . • . . INSIDE SIZE AND SPACING OF CORNER BARS SAME AS HORIZONTAL BARS EXTERIOR CORNER CLAS B SPLICE PER GEN NOTES (24" MIN) 3/4"=1'-0" v INTERSECTION 8 \TYPICAL CORNER BAR REINFORCING DETAIL S500 N.T.S. 3/4"=1'-0" FESSIONq WILLIAM CORD P26653 SOW P William Cord NO. P26653 EXPIRES 12/31/2024 I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA IOWA CERTIFICATE OF AUTHORITY NO. 26887 EXPIRES: DECEMBER 31, 2023 H G F H E H D B A 0 0 u9k COMPANY BOX 2097 4015 ALEXANDRA DR. WATERLOO. IA 50704 PH: (319) 234-6641 INFOOKIRKGROSS.COM DESCRIPTION W 1- 0 PROJECT NO.: LL ( Li PROJECT NORTH 116 PLAN NOIpN 1S COIN MO OCIN I•IR U 111 u,..iIY W S IVK wor COMPANY NO IS MOM MOM OarNNR LMIL YIIMINI01® 111[ ■ swcu P11011111111L IV MC NOIIO111 COMPANY DETAILS S500 1 —7 2 3 1 4 5 1 6 7 8 1 9 10 P Page 501 of 539 B ILD \D LOADS / DHSCR PT 0\: WIDTH: 60 LE\GTH: (13,ILDI\G DI V THIS STR,CTU E\SIO\S ARE \OV RE IS 3ESIG\ 120 I\AL. R PF PR TO =1GHT: 20 / 20 ALA\S). 9 „TILIZI\C THE LOADS I\ A\3 APPLIED AS REQ„IRED BY : B`.,IL3I\G OCC,PA\CY CAT TH WIT CO\T THE =GO PY: IBC 15 DICATED \or m al ACTOR IS TO CO\FIRV THAT THESE LO REQUIREV E\TS OF THE LOCAL 3UILDI ROOF DEAD LOAD: 2.000 PSF ROOF LIVE LOAD: 20.00 PSF E\ GROG., S\ S\ DWALL LIVE LOAD: 20 \D S\ OW LOAD, COLLATE FA v PSF SECO\DA : 30.00 OW TPRRAI\ CATEGORY: B ADS CO \G DEPA VPLY RTV E\T. PAL LOAD: 3 PSF E LIVE LOAD: 12 PSF RY LIVE LOAD: 20.00 PSF DSF ROOF S\OW LOA TH ER V AL FACTO S\OW IVDORTA\ WI\D IVDORTA\ WI \ 3 E\ CLOS, R OW PXDOSURE FACTOR, Ce: 1.00 BASIC WI\D S WI\D EXDOS„R I\T. DRPSSU CLA»I\G SEI S SEI S SEI S D 9: 115 B RE CO V PPP.: 0.18 RESS„ PH 1: 21.76 PSF ✓ IC DESIG\ CATEGORY: B ✓ IC Ss: 0.06 ✓ IC Sc s: 0.07 \ET SEISVIC FACTOR Cs: 0.0186 FRAV E R: 3.50 DESIG\ BASE S-EA A\ALYSIS DPOCED`., BASIC SEISVIC—PO DEFLECTIO RIGID RIGID RIGID RIGI WI\ WI\ E\ E\ OT R: SEE I\T. S CLA»I\ 5 3: 23.1 PSF R, Ct: 1.10 C C — , — Is: 1.00 Iw: 1.00 CI osec „CTIO\ COPFF.: 0.18 G SUCTIO\: 28.95 PSF PI SfV I C SITE CLASS: SEISVIC S1: SEISV REACTIO\S 0\ SEISVIC Sc 9 0.04 1: 0.07 IC IVDORTA\CE: 1.00 BRACE R: 3.25 A\CHOP BOLT PLA\ RCE VETHOD RE: EQ`., I VALE\ T LATERAL FO RCE— \ LI V I TS: F�AVE (H0PZ0\TAL): F�AVE (VERTICAL): F�AVE (SEISVIC): D F�AVE (CPA\E): � FRAM\G (W\D): � FRAM\G (SEISVIC): WALL COLUN\: R PSI STA\ \OT S CE SYSTEV DECIFICALLY DETAILED FOR SEISVIC H/120 E\DWALL L/ 180 WALL GI L/ 50 WALL PA L/ 0 GOOF P„ L/120 ROOF P„ L/ 50 GOOF PA L/180 GOOF PA WALL AFTE(LIVE): L/ 180 R LOA 3S R /6\FTE (WI\D): L/ 180 T: L/ 180 \EL: L/ 90 �LI\ (LIVE): L/ 180 1_1\ (WI\D): L/ 180 \EL (LIVE): \EL (W\D): L/ 180 L/ 180 ROOF PA\I- LS: THIC<\ESS: COLOR: 2L CA. Dclvclu TYPE: me DLO K WALL DA\ - LS: THIC,<\ESS: COLOR. TR 26 GA. TYPE: ASH GRAY PBR COLORS: GABLE: COP\ PAVE: FRAV E C U TTE 3 0 D \I\GS: SIL SIL SIL SIL POLY POLY POLY POLY P ST P ST P ST P ST PR PR PR PR DOW\SPO„TS: BASE TRIIV WALL SIL DOLYESTER \SJLATO\: THIC R00- \ESS: \S LAT 0\ THIC \ESS: ACC1- SSOR -S: I\C I\C TYPE: TYPE: DRAW \ \D _X COVER PAGE: FOU \ 3ATI O\ ERECTIO\ PLA ERECTIO\ P PLA \— DLA\ RAMVE SECTIO\ \: ROOF: —WALLS: Cl OF 1 F1 OF 1 E1 OF 2 E2 OF 2 FR1 OF 1 `.�1c`FESS Ip //��i • Z. COLEMAN D..•.� = = v : LARSEN : m _• P24668 :2 F. /////11I1110% I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the the State of Iowa. (sign 2/6/2023 (date) Coleman D. Larsen License Number: P24668 My license renewal date is: December 30, 2023 Pages or sheets covered by this seal: Cl, F 1, El, E2, FR1 IMMEDIATELY THIS PROJECT "CODE OF NORMAL CORRECTION AMOUNTS CUTTING, LINE THROUGH WHICH CANNOT MEANS OR MEMBER THE RESPONSIBLE TO APPROVE METHOD OF SHALL BE ERECTED PER THE AISC STANDARD PRACTICE" SPECIFICALLY PARAGRAPH 7:12 AS FOLLOWS: 7:12 CORRECTION OF ERRORS ERECTION OPERATIONS INCLUDE THE OF MINOR MISFITS BY MODERATE OF REAMING, CHIPPING, WELDING OR AND THE DRAWING OF ELEMENTS INTO THE USE OF DRIFT PINS. ERRORS BE CORRECTED BY THE FOREGOING WHICH REQUIRE MAJOR CHANGES IN CONFIGURATIONS ARE TO BE REPORTED TO THE OWNER AND FABRICATOR BY ERECTOR TO ENABLE WHOEVER IS EITHER TO CORRECT THE ERROR OR THE MOST EFFICIENT AND ECONOMIC CORRECTION TO BE USED BY OTHERS. NO BACKCHARGES WILL BE ACCEPTED UNLESS APPROVED IN WRITING BY THIS OFFICE. NOTE: ALL LIGHT 1/4" A307 CONN. BOLTS FOR BOLT OTHER CONNECTIONS, BOLT LENGTH MEASURING AND ADDING CHART) THEN GET THE REQUIRED, 5/16" FOR BEFORE ADDING CHART. GAUGE CONN. BOLTS ARE 1/2" 0 x 1 U.N. ALL BEARING FRAME ENDWALL ARE 1/2" 0 x 1 1/2" A325 U.N. SIZE AND QTY. REQUIREMENTS AT SEE PLANS. CORRECT MAY BE DETERMINED BY THE THICKNESS OF CONN. PLATES THE APPROPRIATE AMOUNT (SEE ROUND UP TO THE NEXT 1/4" TO EXACT BOLT LENGTH. IF WASHERS ARE ADD 3/16" FOR FLAT WASHERS AND BEVELED WASHERS TO ABOVE APPROPRIATE AMOUNT FROM BOLT SIZE ADD 3/4" 1" 7/8" 1 1/8" 1" 1 1/4" 1 1/8" 1 1/2" ATHENS NOT ENGINEER REPRODUCED THIS MATERIALS SERVE Z. ; SEAL PERTAINS ONLY TO THE DESIGNED AND SUPPLIED BY STEEL BUILDING. THIS SEAL DOES AS OR REPRESENT THE PROJECT OF RECORD AND SHALL NOT BE CONSTRUED AS SUCH. wiliiii ````Q�OF ES Z : COLEMAN o : LARSEN �P2 • S I p � ,'e, D. • G = : m 68 :m 2/6/23 THIS DRAWING AND ITS CONTENTS ARE THE PROPERTY OF ATHENS STEEL BUILDING AND ARE CONSIDERED CONFIDENTIAL. THEY MAY NOT BE COPIED OR WITHOUT EXPRESSED WRITTEN CONSENT OF ATHENS STEEL BUILDING. ATHENS STEEL BUILDING CORPORATION F-11445 ISSUE DESCRIPTION DATE 0 PERMIT ONLY 1/26/23 r 1 1 .. , lin WI I% — D UILDI\C TEES COPOATIO\ 900 NE LOOP ATHENS, TEXAS (903) 675-5733 (800) 627-0190 7 75751 WWW.ATHENSSTEELBUILDING.COM CUSTOMER: JAKES FIREWORKS LOCATION: WATERLOO, IA DRAWING TITLE: COVER PAGE DRAWN BY: KR DATE: 1/26/23 DESIGNER: JG SALESMAN: KB CHECKED BY: . DATE: / / SCALE: NONE ISSUE: 0 JOB NUMBER: 422-244 SHEET NUMBER: Cl OF 1 Page 502 of 539 0 0 CN ROOF SURFACE CD 0 r) rr) ROOF SURFACE 1 U w CN U W N) U W i 120'-0" OUT —TO —OUT OF STEEL 20'-0" 0 20'-0" 0 20'-0" 20'-0" 0 20'-0" O 20'-0" i E-7 RF1-1 E— 4 RF1-1 E— 4 RF1-1 E— 4 RF1-1 E— 4 RF1-1 E— 6 P-1(Typ) - I P-2(Typ) I\ ` \ \` P /— / / 3 T // t � yp)/ 1 P-3(Typ) - I P-4(Typ) ( yp) - P-5(Typ) \ \ I / , ER-4 ER—1 RF1-2 RF1-2 / A \ \D \ RF1-2 RF1-2 RF1-2 / / // \ \ 1 \ I- \ \ / I / / P-6(Typ) P-4(Typ) \,\ P-3(Typ) // P-3cryp) P-2(Typj P-7(Typ) / >G / 1 \ \ L ER-2 \ \ , RF1-3 RF1-3 \ \ 1 / / / / / RF1-3 1 RF1-3 RF1-3 EC-7 F ER-3 L \ \ ` \ / / / / I / \ /\- I c 6 — /� ,6 / 8- / 1 ��� 1 / \ \ /-, ��. � 1 � ,6 , i1 1 ,i\C- -/ Cg I cL �� E-1SC-1 3' E— 2 SC-1E-3 RF1-4 P-8 I EB-1 E— 8 PURLIN LAP 14'- I EB-2 3' —1 3/4" 3' — 3'-1 3/4" E-4 0' — 2'-1 3/4" RF1-4 2'-1 3/4" E-4 0' — RF1-4 2'-1 3/4" 1 3/4" E— 4 0' 2'-1 3/4" RF1-4 � E-4 APX 2'-1 3/4" 0' — RF1-4 E-3 SC-1 3'-1 3/4" E-2 J rr) U W 00 1 U W H cO I 3' „ co o_ EC-5 SC-1 E-5 P;— 8 I EB-1 3'-1 3' 3/4" E-8 14'- „ I EB-2 3'— )1 20' „ 20'-0" 20'-0" 20' „ 2 0' 20' 0 0 0 O ROOF FA V \G PLA\ 0 0 N Hm oo LiJ Hm EXTENSION/CANOPY ROOF PLAN MARK EB-1 EB-2 QU BOLTS AN 4 TYPE DIA A325 1/2" A325 1/2" LENGTH 1 1/2" 1 1/2" MEMBER TABLE ROOF PLAN MARK PART EB-1 W8X10 EB-2 P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-8 E-1 E— 2 E— 3 E-4 E— 5 E-6 E— 7 E— 8 CB-2 CB-3 CB-4 CB-5 CB-6 CB-7 CB-8 W8X10 8x2Z14 8x2Z16 8x2Z16 8x2Z16 8x2Z14 8x2Z14 8x2Z14 8x2Z16 8.1ES16 8.1ES16 8.1ES16 8.1ES16 8.1ES16 8.1ES16 8.1ES16 8x25C16 1 /4"CBL 1 /4"CBL 1 /4"CBL 1 /4"CBL 1 /4"CBL 1 /4"CBL 1 /4"CBL BOLT W/(4) 1 /2"0 A-325 BOLTS 4� 12 W8x10 L-12 SOFFIT CA\OPY D-TA (TYP. 3 DLAC \ TS WHICH IMMEDIATELY THIS PROJECT "CODE OF NORMAL CORRECTION AMOUNTS CUTTING, LINE THROUGH CANNOT MEANS OR MEMBER THE RESPONSIBLE TO APPROVE METHOD OF SHALL BE ERECTED PER THE AISC STANDARD PRACTICE" SPECIFICALLY PARAGRAPH 7:12 AS FOLLOWS: 7:12 CORRECTION OF ERRORS ERECTION OPERATIONS INCLUDE THE OF MINOR MISFITS BY MODERATE OF REAMING, CHIPPING, WELDING OR AND THE DRAWING OF ELEMENTS INTO THE USE OF DRIFT PINS. ERRORS BE CORRECTED BY THE FOREGOING WHICH REQUIRE MAJOR CHANGES IN CONFIGURATIONS ARE TO BE REPORTED TO THE OWNER AND FABRICATOR BY ERECTOR TO ENABLE WHOEVER IS EITHER TO CORRECT THE ERROR OR THE MOST EFFICIENT AND ECONOMIC CORRECTION TO BE USED BY OTHERS. NO BACKCHARGES WILL BE ACCEPTED UNLESS APPROVED IN WRITING BY THIS OFFICE. NOTE: ALL LIGHT GAUGE CONN. BOLTS ARE 1/2" 0 x 1 1/4" A307 U.N. ALL BEARING FRAME ENDWALL CONN. BOLTS ARE 1/2" 0 x 1 1/2" A325 U.N. FOR BOLT SIZE AND QTY. REQUIREMENTS AT OTHER CONNECTIONS, SEE PLANS. CORRECT BOLT LENGTH MAY BE DETERMINED BY MEASURING THE THICKNESS OF CONN. PLATES AND ADDING THE APPROPRIATE AMOUNT (SEE CHART) THEN ROUND UP TO THE NEXT 1/4" TO GET THE EXACT BOLT LENGTH. IF WASHERS ARE REQUIRED, ADD 3/16" FOR FLAT WASHERS AND 5/16" FOR BEVELED WASHERS TO ABOVE BEFORE ADDING APPROPRIATE AMOUNT FROM CHART. BOLT SIZE ADD 3/4" 1" 7/8" 1 1/8" 1" 1 1/4" 1 1/8" 1 1/2" THIS SEAL PERTAINS ONLY TO THE MATERIALS DESIGNED AND SUPPLIED BY ATHENS STEEL BUILDING. THIS SEAL DOES NOT SERVE AS OR REPRESENT THE PROJECT ENGINEER OF RECORD AND SHALL NOT BE CONSTRUED AS SUCH. (---- will Iliii,/ ES•SIp `Q���, ••%• 'i Z. Z: COLEMAN D. -�% =v: LARSEN •:m= P2 68 ��; • — * e',, * • O W P ````` "ie�4/H111100 2/6/23 THIS DRAWING AND ITS CONTENTS ARE THE PROPERTY OF ATHENS STEEL BUILDING AND ARE CONSIDERED CONFIDENTIAL. THEY MAY NOT BE COPIED OR REPRODUCED WITHOUT EXPRESSED WRITTEN CONSENT OF ATHENS STEEL BUILDING. ATHENS STEEL BUILDING CORPORATION F-11445 ISSUE DESCRIPTION DATE 0 PERMIT ONLY 1/27/23 1 1 1 D CORPORATION UILD NG 900 NE LOOP 7 ATHENS, TEXAS 75751 (903) 675-5733 (800) 627-0190 WWW.ATHENSSTEELBUILDING.COM CUSTOMER: JAKES FIREWORKS LOCATION: WATERLOO, IA DRAWING TITLE: ERECTION PLAN -ROOF DRAWN BY: DATE: DESIGNER: SALESMAN: KR 1/26/23 JG KB CHECKED BY: DATE: SCALE: ISSUE: . / / NONE 0 JOB NUMBER: SHEET NUMBER: 422-244 El OF 2 Page 503 of 539 0 0 N 4'-1" 3'-11" 4'-0" 8" 3'-10" 3'-6" 120'—O" OUT —TO —OUT OF STEEL 3' — E-1 Go 0 co 0 14'-0" ,3'-0 i 20'-0" O E-2 E-3 E-4 G-20 G-23 G-20 G-23 20'-0" E-4 G-24 0 O 20'-0" E— 4 G-24 G 18 I] EC-4 SC-1 0 0 12 Canoe DH-2 G-23 G-24 G-24 20'-0" E-4 G-24 E-3 / O 0 G— 24 G-24 O G-21 G-23 G-22 G-24 G— 22 G-24 G-22 G-24 ,/ \ / X G— 24/' Ln G-25 14'-0" E-2 G-20 G-20 G— 24 \Q, G— 22 N C0 O 0 V) Cano DH-2 i E-5 Co rr) 0 -CO CI I I I I SC-1 RF1-4 RF1-4 RF1-4 RF1-4 O 12'-0" GIRT LAPS 1'-1 3/4 1 ' —1 3 /4" 1'-1 3/4" 1'-1 1 3/4" SIDEWALL FRAM\G: FRAV 120'—O" OUT —TO —OUT OF STEEL LI \ I I] RF1-4 SC-1 0 12'-0" O I� CD 0 G-26 CI SC-1 EC-5 0 1'-1 3/4 1'-1 3/4" 1'-1 3/4" 1'-1 3/4" A 0 20'-0" E-6 i 20'-0" 0 0 CD 4 O 20'-0" 20'-0" 20'-0" E— 4 E— 4 E— 4 i 20'-0" E— 4 E-7 i G— 28 G-24 G— 28 G-24 G— 24 G-24 G— 28 G-30 G— 24 G-24 / G— 24 G-34 G-27 G-29 G-32 G— 24 G-22 / X, G-24 / N G-22 G— 24 G-34 G— 24 G-34 G— 22 G-27 LJ EC-9 GIRT LAPS 0 0 N O 0 1'-1 3/4'' 9'-0„ 1'-1 3/4" I I I I RF1-1 RF1-1 RF1-1 RF1-1 8-0 1'-1 3/4 1'-1 3/4'' T1 —1 3/4" T1 —1 3/4 60'-0" OUT —TO —OUT OF STEEL SIDEWALL FRAfVING: FRAV (Ej 20'-0" 20'-0" O 20'-0" RA ER-1 I G-2 G-3 1 G- 5 G-7 G-9 I I Li G-2 G-5 G-7 G-9 I 1i 0 DH-1 r9 N 0 I ILi G-2 G- 5 G-7 G-9 I i li G-1 G- 4 G-6 G-8 I L C ] J C I I I J EC-1 4'-0" 14'-0" EC-2 EC-3 E\DWALL FAVI\G: FRAN- LI\- 1 0 EC-4 1 12 1'-1 3/4'' 1'-1 3/4" T1 —1 3/4" T1 —1 3/4 12 0 0 O EC-1 60'-0" OUT —TO —OUT OF STEEL '-0 14'-0" 3— 20'-0" O 20'-0" L RA ER-3 � 0) G-14 � 0 G-2 G-16 G-9 I I 0 I 0 G-14 1 0 G-2 G-16 G-9 HI I o I '0 N 0 I ] __ G-2 G-16 G-9 [J Cano 0 .. -a)1 DH-2 00 0 O 0 N 0 G-1 G-15 G-8 [J Li CI C I EC-5 EC-6 12'-0" EC-7 EC-8 0 _I EC-3 ENDWALL FAVI\G: FAVE LI\E 11 0 EC-9 12 BOLT TABLE FRAME LINE 1 LOCATION QUAN TYPE DIA LENGTH ER-1/ER-2 4 A325 1/2" 1 1/2" Columns/Raf 2 A325 1/2" 1 1/2" Jamb 4 A307 1/2" 1 1/4" BOLT TABLE FRAME LINE 11 LOCATION QUAN TYPE DIA LENGTH ER-3/ER-4 4 A325 1/2" 1 1/2" Columns/Raf 2 A325 1/2" 1 1/2" Jamb 4 A307 1/2" 1 1/4" BOLT TABLE FRAME LINE A LOCATION SC-1 QUAN TYPE DIA LENGTH 2 A325 1/2" 1 1/2" MEMBER TABLE FRAME LINE 1 MARK PART EC-1 8x35C12 EC-2 W8X10 EC-3 W8X10 EC-4 8x35C12 ER-1 12X35C12 ER-2 12X35C12 DJ-1 8X25C14 DJ-2 8X25C14 DH-1 8X25C16 G-1 8x25C16 G-2 8x2Z16 G-3 8x2Z16 G-4 8x25C16 G-5 8x2Z16 G-6 8x25C16 G-7 8x2Z16 G-8 8x25C16 G-9 8x2Z16 MEMBER TABLE FRAME LINE A MARK PART SC-1 W8X18 SR-1 W8X10 DJ-3 8X25C16 DJ-4 8X25C16 DH-2 8X25C16 E-1 8.1ES16 E-2 8.1ES16 E-3 8.1ES16 E-4 8.1ES16 E-5 8.1ES16 G-17 8x25C16 G-18 8x2Z16 G-19 8x25C16 G-20 8x2Z16 G-21 8x25C16 G-22 8x25C16 G-23 8x2Z16 G-24 8x2Z16 G-25 8x2Z16 G-26 8x2Z16 CB-1 3/8"CBL MEMBER TABLE FRAME LINE 11 MARK PART EC-3 W8X10 EC-5 8x35C16 EC-6 W8X10 EC-7 W8X10 EC-8 8x35C12 EC-9 8x35C12 ER-3 12X35C12 ER-4 12X35C12 DJ-5 8X25C14 DJ-6 8X25C14 DH-2 8X25C16 G-1 8x25C16 G-2 8x2Z16 G-8 8x25C16 G-9 8x2Z16 G-10 8x25C16 G-11 8x2Z16 G-12 8x25C16 G-13 8x2Z16 G-14 8x2Z16 G-15 8x25C16 G-16 8x2Z16 MEMBER TABLE FRAME LINE F MARK PART DJ-7 8X25C16 DH-3 8X25C16 E-4 8.1ES16 E-6 8.1ES16 E-7 8.1ES16 G-22 8x25C16 G-24 8x2Z16 G-27 8x25C16 G-28 8x2Z16 G-29 8x25C16 G-30 8x2Z16 G-32 8x25C16 G-33 8x2Z16 G-34 8x2Z16 CB-1 3/8"CBL WHICH IMMEDIATELY THIS PROJECT "CODE OF NORMAL CORRECTION AMOUNTS CUTTING, LINE THROUGH CANNOT MEANS OR MEMBER THE RESPONSIBLE TO APPROVE METHOD OF SHALL BE ERECTED PER THE AISC STANDARD PRACTICE" SPECIFICALLY PARAGRAPH 7:12 AS FOLLOWS: 7:12 CORRECTION OF ERRORS ERECTION OPERATIONS INCLUDE THE OF MINOR MISFITS BY MODERATE OF REAMING, CHIPPING, WELDING OR AND THE DRAWING OF ELEMENTS INTO THE USE OF DRIFT PINS. ERRORS BE CORRECTED BY THE FOREGOING WHICH REQUIRE MAJOR CHANGES IN CONFIGURATIONS ARE TO BE REPORTED TO THE OWNER AND FABRICATOR BY ERECTOR TO ENABLE WHOEVER IS EITHER TO CORRECT THE ERROR OR THE MOST EFFICIENT AND ECONOMIC CORRECTION TO BE USED BY OTHERS NO BACKCHARGES WILL BE ACCEPTED UNLESS APPROVED IN WRITING BY THIS OFFICE. NOTE: ALL LIGHT GAUGE CONN. BOLTS ARE 1/2" 0 x 1 1/4" A307 U.N. ALL BEARING FRAME ENDWALL CONN. BOLTS ARE 1/2" 0 x 1 1/2" A325 U.N. FOR BOLT SIZE AND QTY. REQUIREMENTS AT OTHER CONNECTIONS, SEE PLANS. CORRECT BOLT LENGTH MAY BE DETERMINED BY MEASURING THE THICKNESS OF CONN. PLATES AND ADDING THE APPROPRIATE AMOUNT (SEE CHART) THEN ROUND UP TO THE NEXT 1/4" TO GET THE EXACT BOLT LENGTH. IF WASHERS ARE REQUIRED, ADD 3/16" FOR FLAT WASHERS AND 5/16" FOR BEVELED WASHERS TO ABOVE BEFORE ADDING APPROPRIATE AMOUNT FROM CHART. BOLT SIZE ADD 3/4" 1" 7/8" 1 1/8" 1" 1 1/4" 1 1/8" 1 1/2" THIS SEAL PERTAINS ONLY TO THE MATERIALS DESIGNED AND SUPPLIED BY ATHENS STEEL BUILDING. THIS SEAL DOES NOT SERVE AS OR REPRESENT THE PROJECT ENGINEER OF RECORD AND SHALL NOT BE CONSTRUED AS SUCH. (---- williligi i ���`Q0_0�ESSlp. /, '/ •Z COLEMAN D. , � =v: LARSEN •:m= �P�2 68 e'e * • OW P *```• �4/H111100 2/6/23 THIS DRAWING AND ITS CONTENTS ARE THE PROPERTY OF ATHENS STEEL BUILDING AND ARE CONSIDERED CONFIDENTIAL. THEY MAY NOT BE COPIED OR REPRODUCED WITHOUT EXPRESSED WRITTEN CONSENT OF ATHENS STEEL BUILDING. ATHENS STEEL BUILDING CORPORATION F-11445 ISSUE DESCRIPTION DATE 0 PERMIT ONLY 1/26/23 r 1 1 , 'n TEEL D UILDING CORPORATION 900 NE LOOP 7 ATHENS, TEXAS 75751 (903) 675-5733 (800) 627-0190 WWW.ATHENSSTEELBUILDING.COM CUSTOMER: JAKES FIREWORKS LOCATION: WATERLOO, IA DRAWING TITLE: ERECTION PLAN —WALLS DRAWN BY: DATE: DESIGNER: SALESMAN: KR 1/26/23 JG KB CHECKED BY: DATE: SCALE: ISSUE: . / / NONE 0 JOB NUMBER: SHEET NUMBER: 422-2LL E2 OF 2 Page 504 of 539 12 SECTION "A -A" NTS 121„ i 1,, 1' 2" r 4" 1„ ,r42 1/2" DIA. 4 4q" AREA TO BE 8" WIDER THAN DOOR OPENING-4" EACH SIDE 4 SECTION "B-B" NTS GH\ HR AL- \ OTHS 1. Foundation design and construction are not the responsibility of ATHENS STEEL BUILDING CORP. 2. The building reaction data reports the loads which this building places on the foundation. 3. Anchor bolts shall be accurately set to a tollerance of +/- 1/8" in both elevation and location. Anchor bolts are to be type A307. 4. Column base plates are designed not to exceed a bearing pressure of 1125 pounds per square inch. 5. Foundation must be square and level. FRAME LINES: 45678 fV tV COLUMN LINE RIGID FRAME: MAXIMUM REACTIONS, ANCHOR BOLTS, & BASE PLATES Column_Reactions(k ) Frm Col Load Hmax V Load Hmin V Bolt(in) Base_Plate(in) Grout Line Line Id H Vmax Id H Vmin Qty Dia Width Length Thick (in) 4* F 2 8.2 17.8 3 -3.6 -5.1 4 0.750 6.000 10.00 0.375 0.0 5 -0.4 -7.2 4* A 4 3.6 -5.1 2 -8.2 17.8 4 0.750 6.000 10.00 0.375 0.0 2 -8.2 17.8 6 0.4 -7.4 4* Frame lines: 45678 BUILDING BRACING REACTIONS f Reactions(k ) Panel_Shear -Wall - Col -Wind - -Seismic - (lb/ft) Loc Line Line Horz Vert Horz Vert Wind Seis L_EW 1 F_SW A 7,8 5.4 4.9 1.1 1.0 R_EW 11 B_SW F 6,5 5.1 4.7 1.1 1.0 69 11 68 11 ENDWALL COLUMN: MAXIMUM REACTIONS, ANCHOR BOLTS, & BASE PLATES Frm Col Load Line Line Id 1 F 1 E 1 D 11 F Column_Reactions(k ) Hmax V Load Hmin H Vmax Id H 7 1.2 9 0.0 10 2.3 9 0.0 11 13 14 13 17 10 2.3 0.0 1.2 0.0 0.2 0.2 - 1.1 2.6 - 2.7 7.9 - 2.7 7.9 - 1.1 2.6 0.2 0.8 10 0.9 -1.9 1 -0.1 6.4 7 1.0 1 -0.1 - 0.8 3.1 10 1.3 -1.9 19 0.0 5.8 11 2.3 -2.8 20 0.0 8.0 14 1.2 -1.1 20 0.0 2.6 Vmin Bolt in Base_Plate in Grout Qty Dia Width Length Thick (in) 8 -1.0 -1.1 2 0.500 3.500 7 1.2 -1.1 8 -2.1 -2.5 4 0.500 6.000 10 2.3 -2.7 12 -2.1 -2.5 4 0.500 6.000 11 2.3 -2.7 12 -1.0 -1.1 2 0.500 3.500 14 1.2 -1.1 18 -0.2 0.2 2 0.500 3.500 19 0.0 -1.5 8 -0.8 -2.2 4 0.500 6.000 8 -0.8 -1.0 4 0.500 6.000 8 -1.2 -1.4 2 0.500 3.500 10 1.3 -1.9 12 -2.1 -2.6 4 0.500 6.000 11 2.3 -2.8 12 -1.0 -1.1 2 0.500 3.500 14 1.2 -1.1 8.000 8.000 8.000 8.000 8.000 8.000 8.000 8.000 8.000 8.000 SOLDIER COLUMN: MAXIMUM REACTIONS, ANCHOR BOLTS, & BASE PLATES Frm Col Load Line Line Id 2 A 3 A 9 A 10 A Column_Reactions(k ) Hmax V Load Hmin H Vmax Id H 15 0.8 1 0.1 15 0.8 1 0.1 Vmin 0.250 0.0 0.375 0.0 0.375 0.0 0.250 0.0 0.250 0.0 0.375 0.0 0.375 0.0 0.250 0.0 0.375 0.0 0.250 0.0 Bolt in Base_Plate in Grout Qty Dia Width Length Thick (in) - 0.1 16 -1.0 0.1 4 0.500 6.000 8.000 0.375 0.0 1.6 15 0.8 -0.1 - 0.1 16 -1.0 0.1 4 0.500 6.000 8.000 0.375 0.0 1.6 15 0.8 -0.1 15 0.8 -0.1 16 -1.0 0.1 4 0.500 6.000 8.000 0.375 0.0 1 0.1 1.6 15 0.8 -0.1 15 0.8 -0.1 16 -1.0 0.1 4 0.500 6.000 8.000 0.375 0.0 1 0.1 1.6 15 0.8 -0.1 120'-11" OUT -TO -OUT OF CONCRETE 20'-5 1 /2" A" 20'-0" 20'-0" 20'-0" 20'-0" 20'-5 1 /2" NOTES FOR REACTIONS 1. All loading conditions corresponding H or V are examined and only maximum/minimum H or V and the are reported. 2. Positive reactions are as shown in the sketch. Foundation loads are in opposite directions. 3. Bracing reactions are in the plane of the brace with the H pointing away from the braced bay. The vertical reaction is downward. 4. Building reactions are based on the following building data: Width (ft) = 60.0 Length (ft) = 120.0 Eave Height (ft) = 20.0/ 20.0 Roof Slope (rise/12 ) = 1.0/ 1.0 Dead Load (psf ) = 2.0 Collateral Load (psf = 3.0 Roof Live Load(psf = 20.0 Frame Live Load(psf ) = 12.0 Snow Load (psf ) = 23.1 Wind Speed (mph ) = 115.0 Wind Code = IBC 15 Exposure = B Closed/Open = C Importance Wind = 1.00 Importance Seismic = 1.00 Seismic Zone = B Seismic Coeff (Fa*Ss) = 0.10 Temperature Change = 60 5. Loading conditions are: 1 Dead+Collateral+Snow+Snow_Drift 2 Dead+Collateral+Snow+Slide_Snow 3 0.6Dead+0.6Wind_Left1 4 0.6Dead+0.6Wind_Rightl 5 0.6Dead+0.6Wind_Long1L 6 0.6Dead+0.6Wind_Long2L 7 0.6Dead+0.6Wind_Suction+0.6Wind_Long1L 8 0.6Dead+0.6Wind_Pressure+0.6Wind_Long1L 9 Dead+Collateral+E1UNB_SL_L 10 0.6Dead+0.6Wind_Left1+0.6Wind_Suction 11 0.6Dead+0.6Wind_Right1+0.6Wind_Suction 12 0.6Dead+0.6Wind_Pressure+0.6Wind_Long2L 13 Dead+Collateral+E1UNB_SL_R 14 0.6Dead+0.6Wind_Suction+0.6Wind_Long2L 15 0.6Dead+0.6Wind_Pressure 16 0.6Dead+0.6Wind_Suction 17 Dead+0.6Wind_Suction+0.6Wind_Long2L 18 Dead+0.6Wind_Pressure+0.6Wind_Long2L 19 Dead+Collateral+E2UNB_SL_L 20 Dead+Collateral+E2UNB_SL_R " OUT -TO -OUT OF CONCRETE 0 N 0 0 0 O N oA UI F F o I 00 00 B 00 B 0 1 00 0 00 G G 0 0 „A„ 0 0 - E D E 0 0 0 1 0 0 0 0 0 (0 LC) CO - 0 0 1 0 0 0 E c 0 .� a) E 0 0 E 0 0 O O E E 0 0 0 0 A" 181 0 E E 0 0 0 E 0 E D 0 0 1 1 0 0 0 0 00 G 0 A F0 of B O 0 1 0 C F° °1 B 0 0 00 B 1S O 0 0 A U G G .0 00 0 N 0 O N T T 3'-0„\ 1'-0" O 12'-0" O 0 0 D U 1'-0" -5 1/2" c� T 2'-0" 0 14'-0" 20'-0" 20'-0" 20'-0" 20'-0" N) 12'- 14'-0" LCD 10 A\CHO 3OLT PLA\ NOTE: All Base Plates © 100'-0" (U.N.) ANCHOR 3OLT SU V VI Dia Qty Locate (in) Type O 26 Jamb O 76 Frame AY Total Len Proj (in) (in) 1/2" A307 6.00 1.00 3/4" A307 12.0 2.00 Dia= 1/2" 3 1/2; 00 0 0 4,' 2 EW 5 1/2" DETAIL A 8" j, 1 3/4" 5 1/2" Dia= 1/2" t 6" t --TTT CO 0 0 0 0 4" 2" CW 1 1/2' / See Plan DETAIL B 5 1 /2" 1 1/2" Dia= 1/2" U) 00 3 1/2" 0 0 1 4" 2" CW 5 1 /2" 1 3/4" 1 74/2„ g„ DETAIL C Dia= 1 /2" 00 3 1 /2" 0 0 1 / See Plan DETAIL D 1 3/4" 5 1/2" Dia= 1 /2" 6„ 1 200 -T - 0 0 0 li 0 4" 2" y � 1 1 /2' 1 1 /2" 8" SW / See Plan DETAIL E 5 1/2" Dia= 3/4" 6" f 0 T-- O i 0 O I 0 4" 3" 1 1 /2' 1 1 /2" 8" SW / See Plan DETAIL F 5 1/2" Dia= 3/4" 6" f 0 T 0 0 0 0 4', 3,, 1 1/2' 1 1/2" 8" SW See Han DETAIL G 1 1 /2" Dia= 1/2" EW/ 0 3 1/2" �1 0 0 L__J 4" 2" SW / See Plan DETAIL J 1 3/4" 5 1/2" Dia= 1 /2" 00 3 1 /22;' L1 0 0 L__J 4" 2" EW/ SW See Plan DETAIL K 1 3/4" 5 1/2" Dia= 1 /2" CO 3 1 /21;' 1 0 0 L__ 4" 2" EW/ SW / See Plan DETAIL L / 1 1/2" 1 3/4" WHICH IMMEDIATELY THIS PROJECT "CODE OF NORMAL CORRECTION AMOUNTS CUTTING, LINE THROUGH CANNOT MEANS OR MEMBER THE RESPONSIBLE TO APPROVE METHOD OF SHALL BE ERECTED PER THE AISC STANDARD PRACTICE" SPECIFICALLY PARAGRAPH 7:12 AS FOLLOWS: 7:12 CORRECTION OF ERRORS ERECTION OPERATIONS INCLUDE THE OF MINOR MISFITS BY MODERATE OF REAMING, CHIPPING, WELDING OR AND THE DRAWING OF ELEMENTS INTO THE USE OF DRIFT PINS. ERRORS BE CORRECTED BY THE FOREGOING WHICH REQUIRE MAJOR CHANGES IN CONFIGURATIONS ARE TO BE REPORTED TO THE OWNER AND FABRICATOR BY ERECTOR TO ENABLE WHOEVER IS EITHER TO CORRECT THE ERROR OR THE MOST EFFICIENT AND ECONOMIC CORRECTION TO BE USED BY OTHERS. NO BACKCHARGES WILL BE ACCEPTED UNLESS APPROVED IN WRITING BY THIS OFFICE. NOTE: ALL LIGHT GAUGE CONN. BOLTS ARE 1/2" 0 x 1 1/4" A307 U.N. ALL BEARING FRAME ENDWALL CONN. BOLTS ARE 1/2" 0 x 1 1/2" A325 U.N. FOR BOLT SIZE AND QTY. REQUIREMENTS AT OTHER CONNECTIONS, SEE PLANS. CORRECT BOLT LENGTH MAY BE DETERMINED BY MEASURING THE THICKNESS OF CONN. PLATES AND ADDING THE APPROPRIATE AMOUNT (SEE CHART) THEN ROUND UP TO THE NEXT 1/4" TO GET THE EXACT BOLT LENGTH. IF WASHERS ARE REQUIRED, ADD 3/16" FOR FLAT WASHERS AND 5/16" FOR BEVELED WASHERS TO ABOVE BEFORE ADDING APPROPRIATE AMOUNT FROM CHART. BOLT SIZE ADD 3/4" 1" 7/8" 1 1/8" 1" 1 1/4" 1 1/8" 1 1/2" THIS SEAL PERTAINS ONLY TO THE MATERIALS DESIGNED AND SUPPLIED BY ATHENS STEEL BUILDING. THIS SEAL DOES NOT SERVE AS OR REPRESENT THE PROJECT ENGINEER OF RECORD AND SHALL NOT BE (--- =v: CONSTRUED AS SUCH. ��, y..0 Ess IoA/ , i .,_„_ •,.... .z COLEMAN D. , G; .:„.. LARSEN •:m= ;�P2 68 ��; • P * ````` - e'e * • O W �4/H111100 2/6/23 THIS DRAWING AND ITS CONTENTS ARE THE PROPERTY OF ATHENS STEEL BUILDING AND ARE CONSIDERED CONFIDENTIAL. THEY MAY NOT BE COPIED OR REPRODUCED WITHOUT EXPRESSED WRITTEN CONSENT OF ATHENS STEEL BUILDING. ATHENS STEEL BUILDING CORPORATION F-11445 ISSUE DESCRIPTION DATE 0 PERMIT ONLY 1/26/23 r 1 1 1 � \TEFL , , D UILDING COPOATIO\ 900 NE LOOP 7 ATHENS, TEXAS 75751 (903) 675-5733 (800) 627-0190 WWW. ATH EN SSTEELBU I LDI N G. COM CUSTOMER: JAKES FIREWORKS LOCATION: WATERLOO, IA DRAWING TITLE: FOUNDATION PLAN DRAWN BY: DATE: DESIGNER: SALESMAN: KR 1/26/23 JG KB CHECKED BY: DATE: SCALE: ISSUE: . / / NONE 0 JOB NUMBER: SHEET NUMBER: 422-244 F1 OF 1 Page 505 of 539 SPLICE PLATE & BOLT TA 3LE Mark Qty Top 3ot Int Type Dia Length Wicth Thick Length SP-1 SP-2 4 4 4 A325 0.750 2.50 4 4 2 A325 0.750 2.50 6" 1 /2" 2'-11 3/4" 6" 1 /2" 2'-2 3/4" \/FLANGE BRACES: Both Sides(U FBxxB(1): xx=length(in) B - F2X2X14g A - F2X2X16g ) 0 0 N 7-9 0 7-9 0 m N) m L_ 4 1/4" 99 3 0' Ga. DLOK, ASH GRAY 24 99 5 @ 499 Fg40A(1) FB38A 1 Fg36A1 RC 0 99 1 ' 099 Fg35A(1)FB35A(1) FB36A(1) 2'-4 13/16" 53'-10 3/8" CLEAR +/- MEM 3EP TABLE Mark F1-1 F1-2 F1-3 4 30'-199 5 ((1 4' _ 10 99 FE338A(1) Web Depth Start/End 9.5/11.8 11.8/22.9 22.9/28.3 28.3/25.6 28.5/25.4 25.4/23.5 23.5/20.1 20.1/19.5 19.5/20.1 20.1/23.5 23.5/25.4 25.4/28.5 25.6/28.3 28.3/22.9 22.9/11.8 11.8/ 9.5 Web Plate Thick 0.135 0.135 0.164 0.250 0.188 0.164 0.135 0.135 0.135 0.135 0.164 0.188 0.250 0.164 0.135 0.135 4 1/4" FB4OA(1) 60'-O" OUT -TO -OUT OF ST= IL 2'-4 13/16" 99 99 D hRAVh F VA 0\. hRAVh \- 4 / Length 24.0 120.0 58.2 32.0 109.8 72.0 120.0 24.0 24.0 120.0 72.0 109.8 32.0 58.2 120.0 24.0 m N) m LL m L_ Outside Flan W x Thk x L 5 x 3/16" 6 x 3/16" 5 x 3/16" 5 x 1/4" x 5 x 1/4" x 5 x 3/16" 6 x 5 x 0 \ ^ 99 a \ 0 0 N) 0 0 N ge ength x 232.1 x 33.9 x 175.8 150.0 150.0 x 175.8 3/16" x 33.9 3/16" x 232.1 Inside Flange W x Thk x Length 5 x 5/16" x 203.1 5 x 1/4" x 115.8 5 x 3/16" x 208.4 5 x 3/16" x 208.4 5 x 1/4" x 115.8 5 x 5/16" x 203.1 WHICH IMMEDIATELY THIS PROJECT "CODE OF NORMAL CORRECTION AMOUNTS CUTTING, LINE THROUGH CANNOT MEANS OR MEMBER THE RESPONSIBLE TO APPROVE METHOD OF SHALL BE ERECTED PER THE AISC STANDARD PRACTICE" SPECIFICALLY PARAGRAPH 7:12 AS FOLLOWS: 7:12 CORRECTION OF ERRORS ERECTION OPERATIONS INCLUDE THE OF MINOR MISFITS BY MODERATE OF REAMING, CHIPPING, WELDING OR AND THE DRAWING OF ELEMENTS INTO THE USE OF DRIFT PINS. ERRORS BE CORRECTED BY THE FOREGOING WHICH REQUIRE MAJOR CHANGES IN CONFIGURATIONS ARE TO BE REPORTED TO THE OWNER AND FABRICATOR BY ERECTOR TO ENABLE WHOEVER IS EITHER TO CORRECT THE ERROR OR THE MOST EFFICIENT AND ECONOMIC CORRECTION TO BE USED BY OTHERS. NO BACKCHARGES WILL BE ACCEPTED UNLESS APPROVED IN WRITING BY THIS OFFICE. NOTE: ALL LIGHT GAUGE CONN. BOLTS ARE 1/2" 0 x 1 1/4" A307 U.N. ALL BEARING FRAME ENDWALL CONN. BOLTS ARE 1/2" 0 x 1 1/2" A325 U.N. FOR BOLT SIZE AND QTY. REQUIREMENTS AT OTHER CONNECTIONS, SEE PLANS. CORRECT BOLT LENGTH MAY BE DETERMINED BY MEASURING THE THICKNESS OF CONN. PLATES AND ADDING THE APPROPRIATE AMOUNT (SEE CHART) THEN ROUND UP TO THE NEXT 1/4" TO GET THE EXACT BOLT LENGTH. IF WASHERS ARE REQUIRED, ADD 3/16" FOR FLAT WASHERS AND 5/16" FOR BEVELED WASHERS TO ABOVE BEFORE ADDING APPROPRIATE AMOUNT FROM CHART. BOLT SIZE ADD 3/4" 1" 7/8" 1 1/8" 1" 1 1/4" 1 1/8" 1 1/2" THIS SEAL PERTAINS ONLY TO THE MATERIALS DESIGNED AND SUPPLIED BY ATHENS STEEL BUILDING. THIS SEAL DOES NOT SERVE AS OR REPRESENT THE PROJECT ENGINEER OF RECORD AND SHALL NOT BE CONSTRUED AS SUCH. (---- will Iliii,/ 10 ```\Q��FESS `/// •Z COLEMAN D. , G ; 0 : LARSEN : m �P�2 68 • *`````, / ///'* •OWP �4/H111100 2/6/23 THIS DRAWING AND ITS CONTENTS ARE THE PROPERTY OF ATHENS STEEL BUILDING AND ARE CONSIDERED CONFIDENTIAL. THEY MAY NOT BE COPIED OR REPRODUCED WITHOUT EXPRESSED WRITTEN CONSENT OF ATHENS STEEL BUILDING. ATHENS STEEL BUILDING CORPORATION F-11445 ISSUE DESCRIPTION DATE 0 PERMIT ONLY 1/27/23 :. r 1 1 , _�-�.•■■..WI% TEEL D UILD NG CORPORATION 900 NE LOOP 7 ATHENS, TEXAS 75751 (903) 675-5733 (800) 627-0190 WWW.ATHENSSTEELBUILDING.COM CUSTOMER: JAKES FIREWORKS LOCATION: WATERLOO, IA DRAWING TITLE: FRAME SECTION PLAN DRAWN BY: DATE: DESIGNER: SALESMAN: KR 1/26/23 JG KB CHECKED BY: DATE: SCALE: ISSUE: . / / NONE 0 JOB NUMBER: SHEET NUMBER: 422-244 H1 OF 1 Page 506 of 539 2 3 4 5 6 7 8 9 10 L_ 2/7/2023 12:28:19 PM Autodesk Docs://Jake's Fireworks/Jakes Fireworks.rvt H F E PARTITION & WALL TYPES 4`: 2x4 WD STUD 16" o.c. FULL BATT INSULATION 5/8" GYPSUM BOARD 2x4 WD STUD 16" o.c. 5/8" GYPSUM BOARD 41/8" GW4 41/8" GW4S [I* � ' 5/8" GYPSUM BOARD 2x6WDSTUD -16"o.c. FULL BATT INSULATION 5/8" GYPSUM BOARD at Ilr"4 5/8" GYPSUM BOARD 2x4 WD STUD - 16" o.c. FULL BATT INSULATION 5/8" GYPSUM BOARD 6 3/4" GW7S 3/4"agl DOOR SCHEDULE FIRE RATING GLAZING TYPE DOOR MATERIAL TYPE DOOR FRAME MATERIAL TYPE 3 HOUR BR - BULLET RESISTANT GLASS AL/GL - ALUMINUM & GLASS AL - ALUMINUM 2 HOUR C - FIRE RATED CERAMIC GLASS BIRCH - BIRCH WOOD HM - HOLLOW METAL 11/2 HOUR I - INSULATED FIB - FIBERGLASS HMI - HOLLOW METAL INSULATED 1 HOUR IT - INSULATED & TEMPERED HM - HOLLOW METAL STL - STEEL 3/4 HOUR T - CLEAR TEMPERED GLASS HMI - HOLLOW METAL INSULATED WD - WOOD 20 MINUTE TT- TINTED & TEMPERED OAK - OAK WOOD NR - NO RATING PLAM - PLASTIC LAMINATE CLAD WD - WOOD (AS SPECIFIED) ROOM DOOR FIRE DOOR FRAME HARDWARE ROOM NUMBER NUMBER RATING WIDTH HEIGHT SINGLE PAIR ELEVATION GLAZING MATERIAL ELEVATION WIDTH GLAZING MATERIAL GROUP REMARKS SALES FLOOR 101 101A NR 3'-0" 7'-0" X B IT AL/GL AL1 IT AL 4 SALES FLOOR 101 101B NR 3'-0 1/2" 7'-0" X B IT AL AL2 IT AL HARDWARE BY DOOR SUPPLIER SALES FLOOR 101 101C NR 3'-0" 7'-0" X A N/A HM H1 N/A HM 1 PAINT DOOR & FRAME TO MATCH METAL BUILDING SIDING SALES FLOOR 101 101D NR 10'-0" 14'-0" X C METAL N/A N/A N/A H HARDWARE BY O.H. DOOR SUPPLIER, COLOR TO MATCH SIDING SALES FLOOR 101 101E NR 4'-0" 4'-0" X C METAL N/A N/A N/A H HARDWARE BY O.H. DOOR SUPPLIER, COLOR TO MATCH SIDING OFFICE 102 102 NR 3'-0" 7'-0" X A N/A WD H1 N/A HM 1 SOLID CORE WOOD DOOR MEN 103 103 NR 3'-0" 7'-0" X A N/A WD H1 N/A HM 2 SOLID CORE WOOD DOOR WOMEN 104 104 NR 3'-0" 7'-0" X A N/A WD H1 N/A HM 2 SOLID CORE WOOD DOOR SALES FLOOR 101 105 NR 3'-0" 7'-0" X A N/A WD H1 N/A HM 2 SOLID CORE WOOD DOOR HARDWARE SCHEDULE HARDWARE SET #1 HARDWARE SET #3 HARDWARE SET #4 1 - OFFICE SET (F82), SCHLAGE, ND50PD (OR EQUAL) 1 - PANIC, VON DUPRIN CD99E0 1 - PANIC DEVICE, VON DUPRIN 99E0 3 - HINGES, IVES #5BB1 (OR EQUAL) 3 - HINGES, IVES #5BB1 (OR EQUAL) 1 - PANIC DEVICE, VON DUPRIN 99NL-OP 1 - WALL STOP, IVES #WS407CCV (OR EQUAL) 1 - CLOSER / STOP, LCN 4010 SERIES 1 - RIM CYLINDER, SCHLAGE 20-057 1 - SILENCERS, IVES SR65 1 - THRESHOLD, 1" x 4" MILL FINISH 1 - KEYED MULLION, VON DUPRIN KR4954 1 - DOOR SWEEP 3 - HINGES, IVES #5BB1 (OR EQUAL) HARDWARE SET #2 1 - WEATHERSTRIPPING 1 - PULL, IVES 8190EZHD 1 - PRIVACY SET (F76), SCHLAGE, ND4OS (OR EQUAL) 1 - DRIP CAP 1 - CLOSER / STOP, LCN 4010 SERIES 3 - HINGES, IVES #5BB1 (OR EQUAL) 1 - THRESHOLD, 1" x 4" MILL FINISH 1 - WALL STOP, IVES #WS407CCV (OR EQUAL) 1 - DOOR SWEEP 1 - SILENCERS, IVES SR65 1 - WEATHERSTRIPPING NOTE: 1 - DRIP CAP INSULATED GLASS TO BE 1" SOLAR BRONZE TEMPERED OVER H F E D D �i IT O 12'-0" 3'-0" 6'-0" 3'-0" , IT I g IT '7rn - O 69 o i- // IT X IT O Fo STOREFRONT DOOR & WINDOW SYSTEM TO MATCH KAWNEER 451T FRAME w/ DOORS EQUAL TO KAWNEER 350 SERIES. FINISH TO BE CLEAR ANODIZED. 12'-0" / \ - IT I // / / \ `> IT IT IT, IT C IT // \ \ / / / // / IT IT AUTOMATIC SLIDING DOOR TO MATCH DORMA ESA 300 BI-PARTING SYSTEM. FINISH TO BE CLEAR ANODIZED. O 0o 12'-0" 2'-10" 2" 2" 2'-10" 2'-10" 2" 2'-10" 2" i IT IT # IT i IT IT IT i IT # IT STOREFRONT WINDOW SYSTEM TO MATCH KAWNEER 451T FRAME. FINISH TO BE CLEAR ANODIZED. B B A DOOR ELEVATIONS 1/4" = 1'-0" 3 `, HM FRAME ELEVATIONS A0.1 1 1/4" = 1'-0" 4 ALUM FRAME ELEVATIONS 2 3 4 5 6 7 8 9 Ek COMPANY 1 BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 INFO@KIRKGROSS.COM O Um W V) A Cn 10 r DESCRIPTION REWORKS LL_ ELJ ISSUED FOR BID 01/30/2023 PROJECT NO.: 2226 THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT BY KIRK GROSS COMPANY SCHEDULES A0.1 Page 507 of 539 1 2 3 4 5 6 7 8 TOILET ACCESSORIES 9 10 FLOOR PLAN GENERAL NOTES L- 2/8/2023 10:12:22 AM Autodesk Docs://Jake's Fireworks/Jakes Fire F E B A 3 11-0 3/4" 8'-13/4" 7'-10 1/4" 3-81/4" OFFICE 102 GW4 GW5S MEN 103 C6> SALES FLOOR 101 GW5S WOMEN 104 JAN 105 ENLARGED FLOOR PLAN J'-2'/ 2'_4" 1'-0" A1.0 m 0 1 1/4" = N 0 N 9 0 N N 0 N 6" 1'-0" 2 24" x 36" // 14 ,' 0 J, ,6 1'-3" TYPICAL TOILET ELEVATION A1.0 1/2" = 1'-0" 20'-11/2" 20'-0" 20'-0" 20'-0" FLOOR PLAN EL = 100'-0" ALL EQUIPMENT LISTED ARE BASED ON 'BOBRICK' OR APPROVED EQUAL (GB36) B-5806 - 36" HORIZ. GRAB BAR (GB42) B-5806 - 42" HORIZ. GRAB BAR (GB24) B-5806 - 24" VERT. GRAB BAR (M2436) B-165-2435 MIRROR PAPER TOWEL DISPENSER/DISPOSAL TOILET PAPER DISPENSER SOAP DISPENSER FINISH SCHEDULE F1 F2 20'-0" 20'-11/2" '-11/2" 12'-0" AL3 4'-0" '-0 12 4'-11/2" C4> N OFFICE 102 F2 MEN 103 F2 0 WOMEN 104 F2 F2 JAN 105 105 4>-- ___T___,____,___ ,____, SALES FLOOR 101 Fl I 1 - - - - - - - - - - - - - - - Ld 5 II I 1 ALl I I I I I I I I I I I I I I I I I I I I I I I I I I InI FLOOR: SEALED CONCRETE WALLS: EXPOSED TO STRUCTURE AND VINYL -FACED INSULATION CEILING: EXPOSED TO STRUCTURE WALLBASE: NONE FLOOR: VINYL COMPOSITION TILE - COLOR/FINISH TBD BY OWNER WALLS: GYPSUM BOARD, PAINTED - COLOR TBD BY OWNER CEILING: GYPSUM BOARD, PAINTED - WHITE WALLBASE: VINYL - BLACK (A1.0) 3/4" = 1'-0" 101D 6 FLOOR PLAN 5'-0" A1.0 A1.0 1/8" = 1'-0" 1 2 3 4 5 6 7 2X@16"0.C. 3/4" PLYWOOD 2X4 @ 16" O.C. L = 109'-0" INTERIOR WALL - SEE PLAN AND SHEET A0.1 TOP OF WALL DETAIL 3/4" = 1'-0" INSIDE OUTSIDE OVERHEAD DOOR SLOPE CONCRETE FLOOR @ 1/12 SLOPE MAX. FLOOR PLAN EL = 100'-0" 6 ` SECTION AT O.H. DOOR OFFICE 102 0 MEN 103 0 1. SEE SHEET A0.1 FOR WALL & PARTITION TYPES 2. PROVIDE & INSTALL ALL PLUMBING FIXTURES, ACCESSORIES, ETC. PER CURRENT ADA STANDARDS & SPECIFICATION. PROVIDE BLOCKING IN WALL CONSTRUCTION FOR ALL FIXTURE INSTALLATIONS AS REQUIRED. 3. WALLS TO BE BUILT TO 10'-0" AFF. 4. ALL FINISHED GYPSUM BOARD WALLS TO RECEIVE A SMOOTH LEVEL 4 FINISH. WALL TAG SYMBOL KEY lhr G4XSL UL # WALL RATING WALL TYPE (SEE BELOW) UL NUMBER GW INTERIOR GYPSUM BOARD PARTITION - WOOD STUD GS INTERIOR GYPSUM BOARD PARTITION - METAL STUD M MASONRY WALL SW SHAFT WALL W EXTERIOR WALL SYSTEM C CONCRETE WALL 4 WALL OR PARTITION SIZE - SEE SCHEDULE SHEET A0.1 X FIRE RATED S INSULATED WALL OR PARTITION L LEAD LINED WALL OR PARTITION B BEARING WALL OR PARTITION FLOOR PLAN KEYNOTES 1. CONCRETE STOOP 2. 3. 4. 5. 6. 7. 8. 9. LINE OF O.H. DOOR ABOVE LINE OF CANOPY ABOVE WALL HUNG FIRE EXTINGUISHER GRAB BAR PAPER TOWEL DISPENSER/DISPOSAL HAND SINK HI-LO DRINKING FOUNTAIN DISPLAY RACKS BY OTHERS 10. CHECKOUT STATION BY OTHERS 11. INSULATE PIPES 12. SOAP DISPENSER 13. FLUSH VALVE ON WIDE SIDE OF TOILET 14. 4" VINYL BASE 15. GYPSUM BOARD 16. MIRROR 17. TOILET PAPER DISPENSER 18. CONDENSER UNIT - PROVIDE 6' x 6' CONCRETE PAD 19. ADJUSTABLE WALL SHELVES 20. MOP SINK AND FAUCET - FRP @ ADJACENT WALLS UP TO 4' 21. FLOOR DRAIN 22. WATER HEATER LOCATED ON SHELF ABOVE 23. SLOPE CONCRETE FLOOR 11/12" SLOPE MAX. WOMEN 104 0 GB 9'-0" A.F.F. GB 9'-0" A.F.F. GB 9'-0" A.F.F. PARTIAL CEILING PLAN 1/8" = 1'-0" 8 9 10 F E H B Y Y COMPANY 4 BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 INFO@KI RKGROSS.CO O CI W A W P DESCRIPTION JAKE'S FIREWORKS N N N PROJECT NO. Lu E 12 O 1" O <LO CL Q CC uJ O O J H- w w H- PROJECT NORTH ISSUED FOR BID 01/30/2023 THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT © BY KIRK GROSS COMPANY FLOOR PLAN A1.0 Page 508 of 539 1 2 3 4 5 6 7 8 EXTERIOR ELEVATION GENERAL NOTES 9 10 0 EXTERIOR ELEVATION KEYNOTES L_ 2/10/2023 11:42:54 AMAutodesk Docs://Jake's Fireworks/Jakes Fireworks.rvt F E A 1 L WEST EXTERIOR ELEVATION _L J VENEER STONE A4.0 3 1/8" = 1'-0" 1 • 11 8 COLOR O COLOR VENEER STONE I- 7 6— — J J A1.0 EAST EXTERIOR ELEVATION 1/8" = 1'-0" J 11111!NI II.wm& __________ • II! III 1. SEE SHEET A0.1 FOR FRAME ELEVATIONS AND GLASS TYPES SEE SECTIONS AND DETAILS FOR ADDITIONAL MATERIAL AND FINISH INFORMATION 3. METAL BUILDING SIDING COLOR 'A' TO BE ASH GRAY METAL BUILDING SIDING COLOR 'B' TO BE CHARCOAL GRAY METAL BUILDING ROOF PANEL COLOR TO BE ASH GRAY 4. STONE WAINSCOT AND WAINSCOT CAP TO BE VERSETTA STONE TIGHT CUT STYLE SIDING IN COLOR MISSION POINT - SEE MANUFACTURES GUILDELINES/INSTRUCTIONS FOR INSTALLATION VERSETTASTONE.COM (REWORKS COLOR 'A' (9 )TYP0 COLOR 'B' VENEER STONE DR 101A NORTH EXTERIOR ELEVATION 7 AL3 I 7 0 J A4.0 1/8" = 1'-0" 6 01113 COLOR 'A' 4 SOUTH EXTERIOR ELEVATION 7 J J 7 A4.0 1/8" = 1'-0" 1 2 3 4 5 6 7 1. CONCRETE STOOP 2. ALUMINUM FRAME & GLAZING SYSTEM 3. HOLLOW METAL DOOR & FRAME - PAINTED 4. OVERHEAD SECTIONAL DOOR 5. CANOPY BY METAL BUILDING SUPPLIER 6. PRE -FINISHED METAL GUTTER & DOWNSPOUT 7. ALUMINUM FRAME & SLIDING DOOR SYSTEM 8. SIGNAGE, BY OWNER 9. WALL PACK LINER PANEL BY METAL BLDG SUPPLER VillaWSWMAIRIPit 70;;;;;;;;;;;;;;;;;;01".111 MWWWWWWWWWWWWWWftlediNg 11111 ► 1 8 TYPICAL WALL SECTION = 1'-0" 9 N EXTERIOR METAL PANELS COLOR "A" CAUL FLASHIN PURLINS - SEE METAL BLDG. DRAWINGS FOR LOCATIONS EXTERIOR METAL PANELS COLOR "B" FLASHING BY METAL BUILDING SUPPLIER WAINSCOT CAP (VERSETTA STONE) VENEER STONE (VERSETTA STONE) 1/2" WEATHER " MIN @ GRADE FLOOR PLAN EL = 100'-0" FLASHING SEE STRUCTURAL FOR FOOTING / FOUNDATION SIZE & REINFORCING 2" RIGID 10 cok CI? 0 C O M P A N Y BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 INFO@KIRKGROSS.COM F E DESCRIPTION m H0 u_ W A PROJECT NO.: 2226 REWORKS W E a o O Li_ o < O EL.I O 0 CL LLI Q W ISSUED FOR BID 01/30/2023 THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT BY KIRK GROSS COMPANY EXTERIOR ELEVATIONS A4.0 Page 509 of 539 2 3 4 5 6 7 8 9 10 L- 2/7/2023 12:28:26 PM Autodesk Docs://Jake's Fireworks/Jakes Fireworks.rvt F E C B A PLUMBING FIXTURE SCHEDULE MARK FIXTURE TYPE MANUFACTURER MODEL TRIM WATER WASTE VENT NOTES COLD HOT RUNOUT CONN RUNOUT CONN RUNOUT CONN WC1 WATER CLOSET (ADA) FLOOR MOUNT FLUSH TANK VITREOUS CHINA TOTO CST744EL ELONGATED BOWL, WHITE, CHURCH 3155SSC SEAT 1/2" 1/2" -- -- 4" 4" 2" 1,2,6,10 L1 LAVATORY (ADA) WALL HUNG CAST IRON TOTO LT307.4 FAUCET: ZURN Z81000-XL, SINGLE HANDLE; OFFSET TAIL PIECE GRID STRAINER; STOPS: MCGUIRE #LFBV2166CCSS12; TRAP: MCGUIRE #8872 1/2" 3/8" 1/2" 3/8" 2" 1-1/4" 1-1/2" 2,3,4,5,6,7,8,9 EWC1 ELECTRIC WATER COOLER (ADA) BI-LEVEL ELKAY LZSTL8SC BARRIER FREE, STAINLESS STEEL; STOP: MCGUIRE #LFBV2166CCSS12; TRAP: MCGUIRE #8872 1/2" 3/8-- 2,3 FPWH FREEZE PROOF WALL HYDRANT WALL HYDRANT WOODFORD B67 CHROME FINISH, METAL HAND WHEEL 3/4" 3/4" -- -- -- -- -- MB MOP BASIN MOLDED STONE w/ WALL GUARD FIAT MSB-2424 #830-AA SERVICE FAUCET, #832-AA HOSE & BRACKET, #1453-BB STRAINER, #889-CC MOP BRACKET, MSG-2424 3/4" 3/4" 3/4" 3/4" 3" 3" 1-1/2" -- NOTE: 1. BOLT CAPS WITH RETAINER CLIPS. 2. REFER TO ARCHITECTURAL PLANS FOR MOUNTING HEIGHT. 3. MOUNT FIXTURE AT ADA COMPLIANT HEIGHT. 4. MOUNT FIXTURE TO NEW CARRIER APPROPRIATE FOR THE PLUMBING FIXTURE (CARRIERS BY WADE, ZURN, OR JR SMITH). 5. INSTALL MCGUIRE PROWRAP PW2125WC FOR ADA COMPLIANCE. 6. CHROME PLATED ANGLE SUPPLY AND CHROME PLATED ESCUTCHEON. 7. CHROME PLATED TUBULAR P-TRAP WITH CLEANOUT PLUG & ESCUTCHEON. 8. SET TEMPERATURE FOR MIXING VALVE AT 105 DEG F. 9. PROVIDE THERMOSTATIC MIXING VALVE, SYMMONS TEMPCONTROL OR EQUAL, SIZED TO MATCH LINE SIZE. 10. LOCATE FLUSH VALVES FOR HANDICAP ACCESSIBLE WATER CLOSETS WITH FLUSH LEVER ON THE WIDE ACCESS SIDE OF FIXTURE. WATER HEATER SCHEDULE ELECTRIC RECOVERY CIRCULATING PUMP EXPANSION TANK MARK STOR. CAP. BTUH INPUT MFR. & MDL MIXING VALVE NOTES GAL (MBH) KW VOLTS 0 GPH RISE MFR. & MDL ELECTRICAL MFR. & MDL CAP. - GAL WH1 30 -- 4.5 240 1 21 90 BRADFORD WHITE -- -- -- WATTS 3.3 1,2,3,4,5,6 LE230LN3-3 #DETA-12 NOTES: 1. SET TO 120 DEGREE F. OUTLET WATER TEMPERATURE. 2. PROVIDE WITH ISOLATION AND PRESSURE RELIEF VALVES. 3. CODE COMPLIANT (HUD, IPC, ASHRAE/IES 90.1). 4. UL CERTIFIED (UL174). 5. ELECTRONIC LOW WATER CUTOFF. 6. PROVIDE DIAL TEMPERATURE AND PRESSURE GAUGES. 4" SANITARY SEWER LINE, SEE CIVIL FOR / CONTINUATION / /e(COTG EWC1 Ll WC1 6" FIRE LIN CIVIL PLANS FOR CONTINUATION iU L1 /L--- / / / / / / WC1 E, PLUMBING PLAN 1/8" = 1'-0" 1" DOMESTIC WATER LINE, SEE CIVIL FOR CONTINUATION I I I I =___= i = = = i = = = = 7 = = = = = = = 2 3 4 I -ram _i_r. - 5 6 SPECIALTY PLUMBING FIXTURE SCHEDULE MARK FIXTURE DRAIN DESCRIPTION MANUFACTURER MODEL NO. WASTE VENT NOTES RUNOUT CONN FD FLOOR DRAIN CAST IRON WITH FLANGE, INTEGRAL CLAMPING COLLAR, ADJUSTABLE STRAINER, 6" NICKEL BRONZE STRAINER WADE 1100STD -- -- __ 1,2,3,4 FCO FLOOR CLEANOUT CAST IRON CLEANOUT WITH ROUND ADJUSTABLE HOUSING, FLANGED FERRULE AND ROUND SECURED NICKEL BRONZE TOP WADE 6000 -- -- -- 3,4,5 3,5 COTG GRADE CLEANOUT SPIGOT OUTLET, SV HUB OUTLET, CAST IRON CLEANOUT WITH THREADED ADJUSTABLE HOUSING, FLANGED FERRULE WITH ROUND SECURED NICKEL BRONZE TOP WADE 6000Z -- -- __ NOTE: 1. SATIN FINISHED NICKEL BRONZE STRAINER. 2. PROVIDE WITH PROSET TRAP GUARD. 3. OUTLET SIZED ON PLANS. 4. COORDINATE EXACT INSTALLATION OF FIXTURE WITH FINISHED FLOOR MATERIAL PRIOR TO ORDERING FIXTURE. 5. CLEANOUTS SHALL BE SAME SIZE AS PIPE UP TO 4". LARGER PIPING SHALL USE 4" CLEANOUTS. 6. REFER TO ARCHITECTURAL PLANS FOR MOUNTING HEIGHTS. N 2" SS UP TO FLOOR DRAIN - TYP 2" FD 11/2" V UP WC1 (( PLUMBING GENERAL NOTES 1. PLUMBING CONTRACTOR TO VERIFY PIPE SIZING AND LAYOUT FOR ALL UTILITIES IN THEIR SCOPE OF WORK. / 4" SS EWC1 4" SS UP TO WATER CLOSETS 3 PLUMBING PLAN - SANITARY SEWER AND VENT 3" SS UP TO MOP BASIN P1.0 1/4" = 1'-0" FIRE SPRINKLER RISER IRRIGATION WATER - METER FURNISHED BY IRRIGATION CONTR. INSTALLED BY PLBG. CONTR. @ 3'-6" A.F.F. IRRIGATION BACKFLOW PREVENTER @ 3'-6" A.F.F. 1/2" CW DOWN TO WATER COOLERS EWC 1/2" CW & 1/2" HW DOWN TO LAVS WC1 L1 L1 WC1 MB 2" LAWN IRRIGATION - DN. THRU FLR. SLAB 1/2" CW DOWN TO WC 6" FIRE LINE, SEE CIVIL PLANS FOR CONTINUATION PLUMBING PLAN - DOMESTIC WATER 1/4" = 1'-0" 7 8 3/4" CW & 3/4" HW DOWN TO MOP BASIN 3/4" CW & 3/4" HW UP TO WATER HEATER ON DECK ABOVE. PROVIDE T&P DRAIN DOWN IN WALL & TERMINATE 2" ABOVE FLOOD RIM OF MOP BASIN -1" CW DOWN w/ SHUT- OFF VALVE & BACKFLOW PREVENTER FPWH 1" CW PIPE, SEE CIVIL PLANS FOR CONTINUATION 9 10 F E C H CI? 0 Y COMPANY BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 INFO@KIRKGROSS.COM W V W B c W U. W 0 U. 0 W A Cn DESCRIPTION w Q PROJECT NO.: 2226 REWORKS LL_ ELJ PROJECT NORTH THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT BY KIRK GROSS COMPANY PLUMBING REFERENCE PLAN P1.0 Page 510 of 539 1 2 3 4 5 6 7 8 9 10 L_ 2/7/2023 12:28:29 PM Autodesk Docs://Jake's Fireworks/Jakes Fireworks.rvt H F E B H A ROOF TOP UNIT SCHEDULE NET COOLING CAPACITY (MBH) EVAPORATOR ENTERING AIR TEMPERATURE OSA CFM FAN DATA HEATING CAPACITY (MBH) REFRIG EER/SEER VOLT 0 MCA MOCP TOTAL UNIT WEIGHT NOTES MARK MANUFACTURER MODEL NOMINAL TONS DISCHARGE TOTAL SENSIBLE DB WB MIN./MAX CFM HP E.S.P. INPUT OUTPUT STAGES (LBS) RTU-1 TRANE YSJ090A3 7.5 HORIZONTAL 83.9 59.8 80.0 67.0 300 / 700 3,000 3.0 0.7 150 121 2 R-410A 11.0 / 14.6 208 3 42 50 1450 ALL RTU-2 TRANE YSJ090A3 7.5 HORIZONTAL 83.9 59.8 80.0 67.0 300 / 700 3,000 3.0 0.7 150 121 2 R-410A 11.0 / 14.6 208 3 42 50 1450 ALL RTU-3 TRANE YSJ090A3 7.5 HORIZONTAL 83.9 59.8 80.0 67.0 300 / 700 3,000 3.0 0.7 150 121 2 R-410A 11.0 / 14.6 208 3 42 50 1450 ALL NOTES: 1. PROVIDE FACTORY INSTALLED DISCONNECT SWITCH. 2. CONDENSER IS SCHEDULED FOR 105° F AMBIENT AIR TEMPERATURE. 3. PROVIDE SPACE CO2 SENSOR (SET TO MAINTAIN 1000 PPM ADJ.) FOR DEMAND CONTROL VENTILATION. 4. PROVIDE SINGLE POINT POWER SERVICE. 5. PROVIDE FULL RANGE ECONOMIZER AND ENTHALPY CONTROLS FOR FREE COOLING. 6. PROVIDE WITH BAROMETRIC RELIEF DAMPER. 7. PROVIDE FACTORY CONDENSER COIL HAIL GUARDS. 8. PROVIDE WITH HONEYWELL VISION PRO 8000/TB8220 THERMOSTAT. 9. PROVIDE UNIT MOUNTED NON -POWERED WEATHERPROOF GFCI OUTLET. 10. PROVIDE RETURN AIR SMOKE DETECTOR. 11. INSTALL UNIT ON 6" CONCRETE PAD ON THE GROUND. 12. PROVIDE WITH MOTORIZED OUTDOOR AIR DAMPER. 13. NATURAL GAS FURNACE, 82% AFUE. FAN SCHEDULE MARK TYPE DRIVE FAN DATA MOTOR DATA SONE LEVEL TOTAL UNIT WEIGHT (LBS) MANUFACTURER MODEL NOTES CFM ESP RPM HP VOLTS QS EF1 INLINE DIRECT 200 0.375 1000 137 W 115 1 -- 30 COOK GN-420 1,2,3,4,5,6 NOTES: 1. PROVIDE WITH 16X8 BRICK VENT w/ CORROSION RESISTANT SCREEN, COLOR BY ARCHITECT. 2. BACKDRAFT DAMPER. 3. PLUG DISCONNECT. 4. VIBRATION ISOLATION MOUNT KIT. 5. UNIT MOUNTED SPEED CONTROLLER. 6. FAN SHALL BE INTERLOCKED WITH RESTROOM LIGHTS. O • AIR DEVICE SCHEDULE MARK SERVICE FACE TYPE MANUFACTURER MODEL CONSTRUCTION PANEL SIZE NECK SIZE FINISH MOUNTING NOTES CD1 SUPPLY CEILING TITUS TMS STEEL 12" x 12" -- WHITE LAY -IN 1,2,3,4 SW1 SUPPLY SIDE WALL TITUS ML ALUMINUM 4" x 24" -- WHITE DUCT 5 NOTES: 1. MECHANICAL CONTRACTOR TO DETERMINE APPROPRIATE NECK SIZE. 2. REFER TO REFLECTED CEILING PLAN FOR LOCATION. 3. PROVIDE FRAME TYPE FOR GYPSUM BOARD CEILING. 4. PROVIDE AND INSTALL WITH FACTORY MATCHED FOIL BACK INSULATION BLANKET. 5. NUMBER OF SLOTS = 2. O • O 1 ME1.0 SW1 SW1 r(4> SW1 SW1 SW1 SW1 SW1 SW1 /4) SW1 SW1 r = = = �U SW1 SW1 SW1 SW1 SW1 4) SW1 SW1 SW1 SW1 SW1 SW1 SW1 SW1 -K5> I - I - SW1 SW1 SW1 SW1 SW1 SW1 SW1 SW1 SW1 SW1 SW1 A4) SW1 K5) T T 0- (2) C1) MEHCANICAL PLAN 1/8" = 1'-0" 1 RTU-1 2 3 C2> RTU-2 C1 ) 4 5 • C1 ) RTU-3 6 2 ME1.0 CD1 L CD1 HVAC GENERAL NOTES 1. HEAT AND AIR SUB -CONTRACTOR TO PROVIDE DESIGN AND INSTALLATION OF MECHANICAL SYSTEM FOR FIREWORKS BUILDING. ROOF TOP UNITS TO BE GROUND MOUNTED. COORDINATE ELECTRICAL REQUIREMENTS WITH ELECTRICAL SUB. 2. DUCTWORK: MAINS SHALL BE RECTANGULAR SHEET METAL PER SMACNA WITH 1 INCH ACOUSTICAL INTERNAL LINER. BRANCH TAKE- OFFS FOR SUPPLY, RETURN, AND EXHAUST SHALL BE CONICAL TYPE WITH BALANCING DAMPERS. ALL DUCT JOINTS SHALL BE SEALED WITH MEDIUM PRESSURE, FOIL BACKED PEEL -OFF DUCT TAPE. GRAY ADHESIVE DUCT TAPE IS NOT PERMITTED. 3. FLEXIBLE CONNECTORS MAY BE USED FOR DUCT TO AIR DEVICE CONNECTION - MAXIMUM LENGTH SHALL NOT EXCEED 5 FT. DO NOT MAKE MORE THAN ONE 90 DEGREE TURN WITH FLEX CONNECTORS. 4. ALL AIR HANDLING UNITS IN EXCESS OF 2,000 CFM SHALL BE PROVIDED WITH DUCT DETECTION ON RETURN SIDE IN ACCORDANCE WITH SECTION 606.2.1 OF INTERNATIONAL MECHANICAL CODE AND NFPA SECTION 2-10.5.8. 5. ALL AIR SYSTEMS SHALL BE BALANCED. 6. PROVIDE COMBUSTION AIR AND FLOW VENTING IN ACCORDANCE WITH IMC. RUN CONDENSATE DRAIN TO NEAREST DRAIN. MINIMUM 1/8" PER FOOT SLOPE. HVAC KEYNOTES 1. RETURN DUCT, HVAC CONTRACTOR TO VERIFY SIZE, TRANSITION TO UNIT AS REQUIRED. INSTALL DUCT UP WALL TO-12'-0" A.F.F. FIELD COORDINATE EXACT INSTALLATION REQUIREMENTS. 2. SUPPLY DUCT, HVAC CONTRACTOR TO VERIFY SIZE, TRANSITION TO UNIT AS REQUIRED. INSTALL DUCT UP WALL TO-12'-0" A.F.F. FIELD COORDINATE EXACT INSTALLATION REQUIREMENTS. 3. TERMINATE EXHAUST DUCT WITH WALL CAP, 10'-" A.F.F. 4. INSTALL GRILLE ON BOTTOM OF DUCT. 5. COVER OPEN END OF RETURN DUCT WITH 1" MESH HARDWARE CLOTH IN A REMOVABLE METAL FRAME. 6. INSTALL CO2 SENSOR ABOVE THERMOSTAT. III ENLARGED HVAC PLAN 1/4" = 1'-0" 7 8 C3 X7 (2) CD1 • WH1 qS 9 10 F E Ek COMPANY 1 BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 INFO@KIRKGROSS.COM W B W Ce U. w H0 W co♦ A DESCRIPTION w 1- 0 PROJECT NO.: 2226 REWORKS PROJECT NORTH ISSUED FOR BID 01/30/2023 THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT BY KIRK GROSS COMPANY MECHANICAL REFERENCE PLAN ME1.0 Page 511 of 539 1 2 3 4 5 6 7 8 9 10 L_ 2/7/2023 12:28:31 PM Autodesk Docs://Jake's Fireworks/Jakes Fireworks.rvt F E c B A 1 LIGHT FIXTURE SCHEDULE TYPE DESCRIPTION MANUFACTURER MODEL NUMBER VOLTS VA LAMP MOUNTING NOTES EX1 EXIT LIGHT/EMERGENCY COMBO LITHONIA ECRG RD M6 120V 2VA INTEGRAL WALL 4 H1 LOW BAY PENDANT LITHONIA JCBL 184000LM ACFR MVOLT GZ10 40K 80 CRI SC6W DWHXD 120V 125VA LED PENDANT 3 H1E LOW BAY PENDANT w/ EMERGENCY BACKUP LITHONIA JCBL 184000LM ACFR MVOLT GZ10 40K 80CRI SC6W DWHXD E1OWCP 120 125VA LED PENDANT 3,4 P4 SITE LIGHTING FIXTURE LUMARK PRV_T4_4000K_96W 120V 52VA LED POLE 6,7 S1 STRIP LIGHTING FIXTURE METALUX 45NLED-LD5-34SL-LN-UNV-L840-CD1-U 120V 25VA LED SURFACE -- S1E STRIP LIGHTING FIXTURE - EMERGENCY METALUX 45NLED-LD5-34SL-LN-UNV-EL7W-L840-CD1-U 120V 25VA LED SURFACE 4 W1 EXTERIOR WALL PACK LUMARK XTOR2B-W 120V 18VA LED WALL 3,6 W2 EXTERIOR WALL PACK LUMARK XTOR6B-W-CBP 120V 58VA LED WALL 3,4,6 NOTES: 1. ALL FIXTURES TO BE PROVIDED WITH 4000K CCT UNLESS NOTED OTHERWISE ON PLANS. 2. FIXTURES SHALL BE FURNISHED EXACTLY AS SPECIFIED ON SCHEDULE. SUBSTITUTIONS FOR SPECIFIED FIXTURE(S) SHALL MEET THE BASIC REQUIREMENTS AND BE EQUIVALENT TO THE FIXTURES SCHEDULED ABOVE. 3. COORDINATE FINAL MOUNTING HEIGHT WITH OWNER/ARCHITECT PRIOR TO INSTALLATION. 4. PROVIDE EMERGENCY BATTERY PACK ON FIXTURES DESIGNATED ON PLANS AS EMERGENCY. 5. PROVIDE FIXTURE LISTED AND LABELED FOR DAMP LOCATIONS. 6. PROVIDE FIXTURE LISTED AND LABELED FOR WET LOCATIONS. 7. PROVIDE POLE SSS-20-4G-DM29AS-DBLXD. r- O ELECTRICAL PLAN E1.0 1/8" = 1'-0" 1 2 RTU- OTYP 3 '1 7 r_ _ _ 111 O (4'11 4 RTU- � 5 1E 1 O RTU- 6 7 It 2 7 OTYP 8 ELECTRICAL GENERAL NOTES 1. PROVIDE EXIT AND EMERGENCY LIGHTS REQUIRED BY CODE. 2. EXTERIOR WALL PACKS SHALL BE CUT-OFF DESIGN TO DIRECT LIGHT DOWNWARD. CONNECT TO TIMECLOCK MOUNTED IN OFFICE NEAR ELECTRICAL PANEL. 3. INSTALL ALL NEW FIXTURES AND EQUIPMENT IN ACCORDANCE WITH MANUFACTURER'S INSTALLATION INSTRUCTIONS. 4. CONNECT EXIT/EMERGENCY LIGHTS AHEAD OF SWITCH TO LOCAL LIGHTING CIRCUIT. 5. ALL WORK SHALL BE IN ACCORDANCE WITH THE 2020 NATIONAL ELECTRICAL CODE. 6. VERIFY ELECTRICAL REQUIREMENTS FOR CASHIER STATION. 7. VERIFY FINAL LOCATIONS OF ALL ELECTRICAL OUTLETS WITH OWNER PRIOR TO INSTALLATION 8. MOUNT JUNCTION BOXES FOR DATA WITHIN 12" OF NEAREST RECEPTACLE. ELECTRICAL KEYNOTES 1. LINE OF PRE-FAB METAL CANOPY 2. ELECTRICAL/DATA DROPS FROM CEILING @ CHECK-OUT STATIONS - COORDINATE FINAL LOCATIONS WITH OWNER PRIOR TO INSTALLATION 3. DATA CONNECTION - TYPICAL I VERIFY FINAL LOCATION WITH OWNER PRIOR TO INSTALLATION. 4. ELECTRICAL/DATA DROPS FROM CEILING @. SHELVING - COORDINATE FINAL LOCATIONS WITH OWNER PRIOR TO INSTALLATION 5. POWER CONNECTION FOR EXTERIOR SIGNAGE ABOVE - COORDINATE FINAL LOCATION WITH OWNER PRIOR TO INSTALLATION 6. THERMOSTAT - ROUTE 1/2" CONDUIT FOR CONTROLS FROM HVAC EQUIPMENT TO LOCATION SHOWN (VERIFY FINAL LOCATION WITH MECHANICAL CONTRACTOR PRIOR TO ROUGH -IN). PROVIDE JUNCTION BOX MOUNTED AT 48" AFF. 7. HVAC MAINTENANCE RECEPTACLE: PROVIDE 120 VOLT GFCI WATERPROOF RECEPTACLE TO COMPLY WITH CODE AS REQUIRED. 8. MAKE CONNECTIONS TO EXHAUST FAN SO THAT IT IS SWITCHED WITH THE LIGHT. 9. LOW BAY PENDANTS TO BE LOCATED 14'-0" AFF - COORDINATE FINAL LOCATIONS/HEIGHT WITH OWNER AND SHELVING PRIOR TO INSTALLATION. 10. ELECTRIC WATER COOLER (EWC) RECEPTACLE TO BE LOCATED IN AN ACCESSIBLE MANNER, ADJACENT TO EWC CABINET OR BEHIND ACCESSIBLE PANEL. REFER TO MANUFACTURER'S INSTALLATION REQUIREMENTS. 11. EXTERIOR WALL PACK LOCATED AT 12'-0" AFF - COORDINATE FINAL LOCATION WITH ARCHITECTURAL. 12. EXTERIOR WALL PACK LOCATED AT 14'-9" AFF - COORDINATE FINAL LOCATION WITH ARCHITECTURAL. 13. 200A 3P NEMA 3R ENCLOSED CIRCUIT BREAKER, SERVICE ENTRANCE LISTED AND LABELED. 14. 200A PANEL AND LIGHTING CONTROL PANEL: PROVIDE LEGRAND LP8 OR EQUIVALENT. PROVIDE RELAYS AS REQUIRED FOR CONTROL OF EXTERIOR LIGHTING LOADS AS SHOWN ON PLANS. PROVIDE REMOTE PHOTO SENSOR MOUNTED ON THE BUILDING EXTERIOR AIMED 9 10 F E c Ek COMPANY 1 BOX 2097 4015 ALEXANDRA DR. WATERLOO, IA 50704 PH: (319) 234-6641 INFO@KIRKGROSS.COM W V B W Ce U. w H 0 W co A ♦ DESCRIPTION w 1- 0 PROJECT NO.: 2226 REWORKS PROJECT NORTH THIS PLAN INCLUDING THE DESIGN AND CONTENT, IS THE PROPERTY OF THE KIRK GROSS COMPANY AND IS PROTECTED UNDER COPYRIGHT LAW. UNAUTHORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT BY KIRK GROSS COMPANY ELECTRICAL REFERENCE PLAN E1.0 Page 512 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE March 6, 2023 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with HR Green, in an amount not to exceed $27,650.00, to complete soil testing at Gates Park, and authorize the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The agreement would allow for soil samples to be taken at Gates Park, located near the former Chamberlin Manufacturing site. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Bonds and TIF ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 513 of 539 1. HR Green Pro Services agreement Page 514 of 539 HRGreen® PROFESSIONAL SERVICES AGREEMENT For Chamberlain Redevelopment - Gates Park Soil Testing Mr. Noel Anderson, Community Planning and Development Director City of Waterloo 715 Mulberry Street Waterloo, IA 50703 319-291-4366 Rose Amundson, Project Manager and Lead Scientist HR Green, Inc. 8710 Earhart Lane SW Cedar Rapids, IA 52404 HR Green Project Number 2302063 February 27, 2023 Version 2.3 02052021 Page 515 of 539 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.3 02052021 Page 516 of 539 HRGreen® Professional Services Agreement Chamberlain Redevelopment — Gates Park Soil Testing 2302063 February 27, 2023 Page 1 of 9 THIS AGREEMENT is between City of Waterloo (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding 1.2 Design Criteria/Assumptions 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Upon approval by US Environmental Protection Agency (EPA) of a tentative sampling approach, COMPANY will mobilize to Gates Park (Site) to complete soil sample screening and sample collection of soils that are planned to be moved from Site and to be placed on the Former Chamberlain Manufacturing site. The current approach includes one mobilization to the Site and up to thirty-six soil borings completed to a maximum depth of 11.5 feet below ground surface (see attached map). Depths of soil borings are based on a provided soil cut exhibit for the larger site redevelopment project. Soil borings are to be completed using a direct -push Geoprobe method. The soil core will then be logged and screened using a photoionization device (PID). PID readings and field observations will be used to determine the 2-foot interval from each boring location from which a soil sample will be collected. The collected soil samples will analyzed for the following compounds: • RCRA 8 Metal (6020 & 7471 B) • PAHs (8270 SIM) • VOCs (8260) Upon completion of field activities and receipt of the analytical results, a technical memo will be provided to CLIENT to provide to US EPA. This document will include a soil sample location map, laboratory report, and summary of findings. COMPANY will assist with coordination with US EPA and wait until approval has been provided by them to complete the outlined scope. COMPANY will provide an amendment to CLIENT should a change in the sample approach be requested. 3.0 Deliverables and Schedules Included in this Agreement COMPANY will complete field activities once approval by US EPA has been received and site access and utility information has been received. COMPANY will provide a technical memo within four weeks of completing field activities. Version2.3 02052021 Page 517 of 539 HRGreeno Professional Services Agreement Chamberlain Redevelopment — Gates Park Soil Testing 2302063 February 27, 2023 Page 2 of 9 This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services COMPANY will provide services as outlined in the Scope of Services. Should a change be requested or asked by US EPA, client, or others involved in the larger redevelopment project an amendment will be provided to address the change in approach. Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others COMPANY will utilize Iowa -licensed drillers and laboratories to provide drilling and chemical analyses services, respectively, for this project. 6.0 Client Responsibilities CLIENT will need to provide site access and utility information for Site. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the AGREEMENT is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorneys' fees. Version2.3 02052021 Page 518 of 539 HRGreenm 7.3 Extra Services Professional Services Agreement Chamberlain Redevelopment — Gates Park Soil Testing 2302063 February 27, 2023 Page 3 of 9 Any service required but not included as part of this AGREEMENT shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Per current Rate Schedule with an estimated fee of twenty-seven thousand six hundred and fifty dollars and zero cents ($27,650). Version2.3 02052021 Page 519 of 539 HRGreeno Professional Services Agreement Chamberlain Redevelopment — Gates Park Soil Testing 2302063 February 27, 2023 Page 4 of 9 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This AGREEMENT and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this AGREEMENT shall be in writing and signed by the parties to this AGREEMENT. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this AGREEMENT, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed AGREEMENT. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this AGREEMENT, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this AGREEMENT upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this AGREEMENT, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this AGREEMENT by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY'S employees of the functions and services required under this AGREEMENT. 8.7 Termination or Abandonment Either party has the option to terminate this AGREEMENT. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this AGREEMENT may be terminated upon seven (7) days' written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for Version2.3 02052021 Page 520 of 539 HRGreen® Professional Services Agreement Chamberlain Redevelopment — Gates Park Soil Testing 2302063 February 27, 2023 Page 5 of 9 services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this AGREEMENT is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this AGREEMENT shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this AGREEMENT shall be made without written consent of the parties to this AGREEMENT. 8.11 Third -Party Beneficiaries Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this AGREEMENT are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this AGREEMENT or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this AGREEMENT and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this AGREEMENT or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this AGREEMENT, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. Version2.3 02052021 Page 521 of 539 HRGreen© 8.16 Reuse of Documents Professional Services Agreement Chamberlain Redevelopment — Gates Park Soil Testing 2302063 February 27, 2023 Page 6 of 9 All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys' fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other instruments of service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys' fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30-day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the Version2.3 02052021 Page 522 of 539 HRGreen© Professional Services Agreement Chamberlain Redevelopment — Gates Park Soil Testing 2302063 February 27, 2023 Page 7 of 9 submitted electronic materials shall be subject to separate agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this AGREEMENT unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; disease epidemic or pandemic; failure of any government agency to act in a timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub - consultants at a construction site, shall relieve the general contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the general contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the general contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the general contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT'S premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional services. The compensation to be paid COMPANY for said professional services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, Version2.3 02052021 Page 523 of 539 HRGreen© Professional Services Agreement Chamberlain Redevelopment — Gates Park Soil Testing 2302063 February 27, 2023 Page 8 of 9 employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S Scope of Services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this AGREEMENT shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub - consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Environmental Audits/Site Assessments Environmental Audit/Site Assessment report(s) are prepared for CLIENT's sole use. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless against all damages, claims, expenses, and losses arising out of or resulting from any reuse of the Environmental Audit/Site Assessment report(s) without the written authorization of COMPANY. 8.27 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. Version2.3 02052021 Page 524 of 539 HRGreen„ Professional Services Agreement Chamberlain Redevelopment — Gates Park Soil Testing 2302063 February 27, 2023 Page 9 of 9 This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. Rose Amundson Approved by: l 60Y�A(,ftir Printed/Typed Name: Stacy E. Woodson Title: Vice President Date: 2/27/2023 CITY OF WATERLOO Accepted by: Printed/Typed Name: Title: Date: Version2.3 02052021 Page 525 of 539 Gates Park Source Soil Testing Proposed Sample Locations Legend • Planned Soil Screening Locations Sample location SB-19 is located in an area where the Gates Park Site Plan Cut Elevation Exhibit (1/17/22) shows up to one foot of soil will be cut from the site. For these samples, a composite sample will be collected from up to four borings near the shown location within the 0 to -1 interval. 0 40 1 inch = 80 feet HRGreen 80 Feet e SB-25 Boring Depth: 11.5 ft SB-29 SB-31 Boring Depth: 9 ft Boring Depth: 11.5 ft PI SB-28 SB�30 Boring Depth: 11.5 ft Boring Depth: 11.5 ft • age ozo of o3y CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department March 6, 2023 AGENDA ITEM TITLE An ordinance enacting a new youth mental health protection. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Anti -Conversion Therapy Ordinance 2023 final Page 527 of 539 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY ENACTING A NEW CHAPTER 12, YOUTH MENTAL HEALTH PROTECTION, TITLE 3, BUSINESS AND LICENSE REGULATION. WHEREAS, contemporary science recognizes that being lesbian, gay, bisexual, or transgender is part of the natural spectrum of human identity and is not a disease, disorder, or Illness; WHEREAS, conversion therapy has been rejected by every major medical and mental health organization, including the American Psychological Association, American Psychiatric Association, American Medical Association, American Academy of Pediatrics, American Academy of Child and Adolescent Psychiatry, American Counseling Association, American Psychoanalytic Association, American School Counselor Association, American School Health Association, National Association of Social Workers, and the Pan American Health Organization; WHEREAS, the advertising and provision of conversion therapy in exchange for monetary compensation is consumer fraud; WHEREAS, conversion therapy leads to critical health risks including anxiety, depression, decreased self-esteem, substance abuse, homelessness, and suicide; WHEREAS, minors are especially vulnerable to the harms associated with conversion therapy; WHEREAS, the City has a compelling interest in protecting the physical and psychological well-being of minors, including lesbian, gay, bisexual, and transgender youth, and in protecting its minors against exposure to serious harms caused by conversion therapy. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That a new Chapter 12, Youth Mental Health Protection, of Title 3, Business and License Regulation, be enacted as follows: CHAPTER 12 YOUTH MENTAL HEALTH PROTECTION SECTION: 3-12-1: DEFINITIONS 3-12-2: CONVERSION THERAPY PROHIBITED 3-12-3: ENFORCEMENT 3-12-4: PENALTIES 3-12-5 SEVERABILITY 3-12-1: DEFINITIONS: SEXUAL ORIENTATION, GENDER IDENTITY CHANGE EFFORTS, OR CONVERSION THERAPY: Means any practices or treatments that seek to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Sexual orientation or gender identity change efforts do not include counseling that provides assistance to a person undergoing gender transition or that provides acceptance, support, Page 528 of 539 and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual -orientation -neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation or gender identity. MEDICAL OR MENTAL HEALTH PROFESSIONAL: Means any individual who is licensed by a local, state, federal, or other regulatory body to engage in a profession related to physical or mental health, including any students, interns, trainees, apprentices, or assistants who provide medical or mental health services under the auspices, guidance, or supervision of a licensed medical or mental health professional. 3-12-2: CONVERSION THERAPY PROHIBITED: No medical or mental health professional shall engage in conversion therapy with a minor within the City. 3-12-3: ENFORCEMENT: The City Attorney shall enforce the provisions of this ordinance. If the City Attorney receives a report of a violation of this ordinance, the City Attorney or the City Attorney's designee shall mail to the medical or mental health professional written notice to immediately cease and desist the violation. The failure of the medical or mental health professional to immediately cease and desist shall subject the medical or mental health professional to the civil penalty provided in Section 4 of this chapter. 3-12-4: PENALTIES: A violation of Section 2 of this chapter is a Municipal Infraction pursuant to 1-3-2 of the City Code. Each day in violation constitutes a separate offense. 3-12-5 SEVERABILITY: If any provision or clause of this chapter or its application to any person or in any circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provision, or application, and to this end, the provisions of this chapter shall be severable. Section 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: , 2023 PASSED 1st CONSIDERATION: , 2023 PASSED 2nd CONSIDERATION: , 2023 PASSED 3rd CONSIDERATION: , 2023 PASSED AND ADOPTED this day of , 2023. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor Page 529 of 539 CHAPTER 5, NOISE CONTROL OF TITLE 4, PUBLIC HEALTH AND SAFETY 4-5-5: EXCEPTIONS AND VARIANCES: A. The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work. B. The city councilmayor, or the mayor's designee(s), shall have the authority, consistent with this section, to grant special variances: 1. Any person seeking a special variance pursuant to this section shall file an application with the mayor. The application shall contain information determined by the mayor. The application shall also contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community,. or on other persons. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the city-kmayor containing information to support lithe claim. If the city councilmayor finds that a sufficient controversy exists regarding such application, a public hearing may be held with the city council. 2. In determining whether to grant or deny the application, the city councilmayor shall balance the hardship to the applicant, the community, and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special variance. The police department shall review the application to determine whether granting such special variance creates an adverse impact on public safety. Applicants for special variances and persons contesting special variances may be required to submit any information the city council may reasonably require. In granting or denying an application, the city council shall place on 3. Special variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special variance shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the special variance was granted. 4. Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like applications for initial special variances under this subsection B. 5. The city councilmayor may issue guidelines defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance. 6. Within thirty (30) days following the effective date of this chapter, the owner of any commercial or industrial source of sound may apply to the city council for a variance in time to Page 530 of 539 comply with this chapter. The city council shall have the authority, consistent with this section, to grant a variance, not to exceed ninety (90) days from the effective date of this chapter. C. A person may appeal a decision of the mayor to deny an application by filing a written appeal to the office of the city clerk within fourteen (14) days of the date of the decision. An administrative fee of fifty dollars ($50.00) shall be paid at the time the appeal is filed. Failure to file the appeal and pay the administrative fee shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final. If the written appeal and administrative fee are filed in conformance with this section, a hearing shall be scheduled. the city clerk shall cause a notice to be sent by ordinary mail to the applicant or licensee at the address noted in the application. Said notice shall state that a hearing has been set before the city council not less than thirty (30) days from the date of the notice. The notice shall include the reason and grounds for the hearing, the date and time of the hearing, and the place where the hearing will be conducted. Review of the court shall be (de novo) limited to whether the decision is supported by substantial evidence c;f:ea by the judge o istr.,to D. The provisions of this chapter shall not apply to: 1. The unamplified human voice; 2. Interstate railway locomotives and cars; 3. All agricultural activities; and 4. Airports and aircraft. (Ord. 3094, 8-4-1980) Page 531 of 539 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Martin Petersen, City Attorney Legal Department Department AGENDA ITEM TITLE MEETING DATE March 6, 2023 Hearing on Order Assessing Civil Penalty to West Side Liquor, 919 W. 5th Street, Waterloo, Iowa 50702, and assessing civil penalty in the amount of $300.00. RECOMMENDED COUNCIL ACTION Approve Order assessing civil penalty of $300.00 against West Side Liquor, and authorize Mayor and City Clerk to execute said Order. SUMMARY STATEMENT AND BACKGROUND INFORMATION Clerk sold tobacco to under age individual. Clerk has plead guilty. Civil penalty is assessed to store owner on behalf of the City. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 532 of 539 1. West Side Liquor Attachments 2. West Side Liquor -Order Assessing Page 533 of 539 CITY OF Il'l1ATERLO0, IOWA 715 Mulberry Sire C1TVYt ATTQRNEY�S10FF3CE291-427 Fax (319) zap-gzl;s February 2, 2023 West Side Liquor 919 W. 5th Street Waterloo, Iowa 50702 Re: West Side Liquor, 919 W. 5r1' Street, Waterloo, Iowa 50702 To Whom It May Concern (Owner): The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 6tit day of March, 2023, at 5:30 p.m., in the Council Chambers, Second Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing complaint, which has been filed against you, is attached. If you or your representative fail to appear at this hearing, a decision may be rendered against you. You have the opportunity to be heard at this hearing and to be represented by an attorney at your own expense regarding the mandatory $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation of §453A.22(2)(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarette to any person under twenty-one years of age. If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgment/Settlement Agreement, returning the original copy, properly signed and dated, to Martin M. Petersen, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than February 22, 2023. With this AcknowIedgement/Settlement Agreement, you must include a check in the amount of $300.00 made payable to the City of Waterloo. This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) and will conclude the matter, If you have any questions, you may reach me at (319) 291-4327. If you have obtained representation by an attorney in this matter, the attorney should contact me. Sincerely, p Ack) , /-0—c-fYL Martin M. Petersen Waterloo City Attorney mmp:sda Enclosures: HuNing-Cumftinkvioditwkaguteta&tillement Agreement WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 534 of 539 IN RE: WEST SIDE LIQUOR 919 W. 5th STREET WATERLOO, IOWA, 50702 HEARING COMPLAINT FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above -named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under twenty-one years of age." 2. Iowa Code §453A.22(2)(a) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code 453A.2(1). 3. On or about January 27, 2023, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under twenty-one years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced sections of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against West Side Liquor, 919 W. 5111 Street, Waterloo, Iowa. '5) (-1 bUd-tAlk IL)6)e)1 Martin M. Petersen, City Attorney Page 535 of 539 2/23/23, 7:50 AM Trial Court Search Iowa Courts Online Electronic Docket Record Search Trial Court Case Details Search Results Back [Summary,] Parties [Long Title] [Filings] Property/Lis Pendens Help, Print All Pages ] Home New Search [Criminal Charges/Disposition]; Exhibits [Financial] [Bonds] Service Returns Traffic Details 7lit?:: fFi t;ri, s;'.'f1.-71 Iri,;iatN j I err( ,rsr rr =;r. ,rr�! tt�r;. ,;r;Tr Regls(eTN Filings Title: STATE OF IOWA VS SACHIN, SACHIN Case: 01071 STA0227287 (BLACK HAWK) Citation Number: W2300757 Event Filed By Filed Create Last Action Date Updated Date VIOLATIONS 02/10/2023 02/10/2023 02/10/2023 HANDLED BY CLERK TRAFFIC TICKET WATERLOO POLICE 01/27/2023 01/30/2023 01/30/2023 FILING DEPARTMENT Logon 1 [_ Register For exclusive use by the Iowa Courts C State of Iowa, All Rights Reserved CN=John Q Publia,O=JUDICIAL h ttps://www.lowacourts.state.la.us/ESAWebApprrIndexFrm Page 536 of M9 2/23/23, 7:50 AM Trial Court Search Iowa Courts Online Electronic Docket Record Search Trial Court Case Details Search Results Held Back [ Print Ali Pages. Hone New Search [Summary] Parties [Long Title] [Filing] Property/Lis Pendens [Criminal Charges/Disposition] Judi Exhibits [Financial] [Bonds] Service Returns Traffic Details r,dt,',.,r„,,r,:.(_r,,,r; ,fal' Register h Financials Title: STATE OF IOWA VS SACHIN, SACHIN Case: 01071 STA0227287 (BLACK HAWK) Citation Number: W2300757 Suminaty COSTS FINE SURCHARGE RESTITUTION OTHER SUPPORT/ALIMONY Logon I Register Orig Paid Due 55.00 55,00 0.00 135.00 135.00 0.00 20.25 20.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $210.25 $210.25 $0.00 N/A 0.00 N/A For exclusive use by the Iowa Courts © State of Iowa, All Rights Reserved CN=John Q Public,O=JUDICIAL https:/iwww.iowacourts.state.ia.usfESAWebApp/TindexFrm Page 537 of'$9 BEFORE THE WATERLOO CITY COUNCIL IN RE: WEST SIDE LIQUOR ORDER 919 W. 5th STREET ASSESSING PENALTY WATERLOO, IOWA 50702 FIRST VIOLATION On this 6th day of March, 2023, after a public hearing on the matter, the Waterloo City Council finds that based upon evidence submitted by the City Attorney's Office, the above - captioned permittee committed a first violation of Iowa Code §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under twenty-one years of age. THEREFORE, the Waterloo City Council orders that a civil penalty be remitted by the above -captioned permittee, to the City of Waterloo, check made payable to City of Waterloo, on or before 6th day of April, 2023, (30 days from the date of this Order). This sanction will count as a First Violation of Iowa Code Section 453A.2(1), pursuant to Iowa Code Section 453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 fine. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 538 of 539 Page 539 of 539