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Council Packet - 6/20/2023
CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Tuesday, June 20, 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 Page 1 of 469 is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence. Pledge of Allegiance, Rob Nichols At -Large Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of the June 5, 2023, Council Regular Session and June 8, 2023 Page 2 of 469 Special Session, as proposed. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 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 authorizing the fund transfers listed on Exhibit "A" to comply with state law. 3. Resolution approving the request of Jamie Schultz, for a waiver for a concrete driveway, located at 508 Belle Street, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. 4. Resolution setting date of public hearing as July 3, 2023, to approve a Site Plan Amendment request by NADROJ Reality, LLC, to allow for the construction of multiple contractor suites totaling 57,600 square feet plus a 40-foot by 60-foot 2,400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive, and instruct the City Clerk to publish notice. 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as July 6, 2023, and date of public hearing as July 17, 2023, in conjunction with the FY 2023 Wastewater Treatement Plant Final Clarifier No. 3 Rehabilitation Project, Contract No. 1067, and instruct the City Clerk to publish said notice. 6. Resolution approving an exception to the City of Waterloo's Purchasing Policy for the purchase of a VAC ALL for the Waste Management Department, in the amount of $518,836.43. 7. Resolution approving an exception to the City of Waterloo's Purchasing Policy for the purchase of Fuel Tank Software for the Public Works Department, in the amount of $ 27,782.65. 8. Resolution authorizing an exception to the City of Waterloo's Purchasing Policy for the purchase of a TV Van for the Waste Management Department, in the amount of $224,196.00. 9. Resolution authorizing an exception to the City of Waterloo's Purchasing Policy, to Page 3 of 469 approve the purchase of one (1) 2023 Type I Superliner 171 inch Body Ford 550 Ambulance from Life Line Emergency Vehicles of Sumner, Iowa, in the amount of $275,829.00. 10. Motion approving Change Order No. 11 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $42,685.28, in conjunction with FY 2020 University Avenue Reconstruction - Phase 3, Contract No. 971, and authorizing the Mayor and City Clerk to execute said document. 11. Resolution submitting a Nutrient Reduction study to the Iowa Department of Natural Resources, as required by the NPDES Permit. Submitted by: Randy Bennett, Public Works Division Manager 12. Resolution approving a two (2) year renewal of services with Lumen Technologies Group (Century Link) to provide network access for delivery of phone services, and authorizing the Technology Services Director to execute said document. 13. Resolution approving the cancellation of assessments for parcel 891324476010 in the approximate amount of $13,500.00, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. 14. Resolution accepting Federal Aviation Administration Grant No. 3-19-0094-0053, in the amount of $1,477,510.00, in conjunction with the Waterloo Regional Airport 2023 Pavement Rehabilitation of Taxiway Alpha East, Taxiway Echo and Runway 12-30 and Phase 1 funds for the 2024 Pavement Reconstruction of Taxiway Alpha West, and authorizing the Mayor to execute said documents. 15. Complete Streets Advisory Committee minutes of April 25, 2023. 16. Board of Adjustment Regular Meeting minutes of April 25, 2023. 17. Jennifer Bates Board/Commission: Cultural and Arts Commission, Expiration Date: June 20, 2026 (Renewal) 18. Allen Green Board/Commission: Cultural and Arts Commission, Expiration Date: June 20, 2026 (Renewal) 19. Janna Diehl Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (Renewal) 20. Lon Kammeyer Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (Renewal) 21. Richard Newton Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (New) 22. Dusky Steele Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (Renewal) 23. Shannon Bass Board/Commission: Metropolitan Transit Authority Expiration Date: June 30, 2026 (New) Page 4 of 469 24. Motion approving appointment of Robbie Decker from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective June 21, 2023. 25. Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit "A", and authorizing the City Clerk to approve any Cigarette/Tobacco applications received and paid for, between June 21, 2023, and July 1, 2023. 26. Liquor Licenses a. Black Hawk Tennis Club, 1005 Black Hawk Rd., Class Special Class C Alcohol w/Outdoor Service and Sunday Sales, New- Exp: 5/31/2024. b. Kwik Star #723, 707 Broadway St., Class B Alcohol w/Sunday Sales, New - Exp: 7/21/2024. c. Cork's Grocery, 1956 Lafayette St., Class E Alcohol w/Sunday Sales, New - Exp: 4/29/2024. d. El Mercadito, 520 LaPorte Rd., Class B Alcohol w/Sunday Sales, New - Exp: 5/20/2024. e. Kwik Star #724, 1105 Cedar Bend St., Class B Alcohol w/Sunday Sales, New - Exp: 7/21/2024. f. Kwik Star #722, 1214 Franklin St., Class B Alcohol w/Sunday Sales, New - Exp: 7/21/2024. g. Starbeck's Smokehouse, 250 Westfield Ave, Ste 101, Class C Alcohol w/Outdoor Service, Catering and Sunday Sales, New - Exp: 6/4/2024. h. Target, 1501 E. San Marnan Dr., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/27/2024. 27. Application for Fireworks Display: Sunnyside Golf and Country Club, July 4, 2023, 1600 Olympic Drive, beginning at 9:30 p.m. 28. Bonds. PUBLIC HEARINGS 1. Request by Dhani Re Investments, LLC, to locally designate 722 Water Street as a Historic Landmark. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission and the Historic Preservation Commission. Motion to receive, file, consider, and pass for the first time an ordinance to locally designate 722 Water Street as a Historic Landmark. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 2. FY 2023 Fiber -to -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1080. Page 5 of 469 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids, and refer to the Consultant for review. Submitted by: Kelley Felchle, City Clerk RESOLUTIONS 1. Resolution approving an Office and Miscellaneous Storage Lease Agreement with the United States Department of Transportation dba the Federal Aviation Administration at the Waterloo Regional Airport, with a lease term of on or about August 1, 2023, through July 31, 2028, and authorizing the Mayor to execute said document. Submitted by: Keith Kaspari, Director of Aviation 2. Resolution approving a Professional Services Agreement with Aviation Security Consulting, Inc., of Castle Pines, Colorado, in the amount of $68,006.00, in conjunction with re -writing the Airport Security Program, and authorizing the Mayor to execute said document. Submitted by: Keith Kaspari, Director of Aviation 3. Resolution approving a Professional Services Agreement with Main Street Waterloo, in the amount of $60,000.00, for Fiscal Year 2024, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving a Memorandum of Understanding with INRCOG for the writing, preparation, and submittal to the I DOT's RISE grant program, for the extensions of Fisher and Hurst Drives, in an amount not to exceed $2,000.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving a Development Agreement with Freedom Truck and Trailer Wash, LLC and Deer Creek Development for the construction of a 4,600 square foot automated truck and trailer wash, with a minimum assessed value of $2,200,000.00, located at the southeast corner of Greyhound Drive and Cyclone Drive, including Minimum Assessment and Development Agreements with a rebate of 85 percent for years one through two, 80 percent for years three through seven, 75 percent for years eight through ten and 50 percent for years eleven through twelve, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving an amendment to the Professional Services Agreement with HR Green originally approved on February 27, 2023, for an additional $8,900.00, for a total contract price of $36,550.00, to complete additional testing at Gates Park, and Page 6 of 469 authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 7. Resolution approving Golf Course Pro Shop Agreement with ML Golf Inc. and authorizing Mayor and City Clerk to execute said agreement. Submitted by: JB Bolger, Park Superintendent 8. Resolution approving a Temporary Construction Easement Agreement in the amount of $548.32, with Marta M. Sulentic, related to the Titus Lift Station and Force Main, located at 1658 Burton Avenue, and authorizing Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 9. Resolution approving a Permanent Easement Agreement for $826.78 with Broadway Limited, LC, related to the Titus Lift Station and Force Main, located at 1750 Broadway Street, and authorizing Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director ORDINANCES 1. City Limits Urban Revitalization Area Plan. Resolution finding that an area is appropriate for revitalization, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare. Motion to receive, file, consider and pass for the first time an ordinance adopting the City Limits Urban Revitalization Area (CLURA) Plan. Motion to suspend the rules Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 2. Ordinance establishing grades for the City of Waterloo FY 2023 Sidewalk Repair Assessment Program — Zone 2, Contract No. 1064. Motion to receive, file, consider, and pass for the first time an ordinance establishing grades for the City of Waterloo FY 2023 Sidewalk Repair Assessment Program — Zone 2, Contract No. 1064. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Jamie Knutson, City Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 7 of 469 Page 8 of 469 June 8, 2023 Roll CaII. The City Council of the City of Waterloo, Iowa, met in Special Session at the City Clerk's Office, Waterloo, Iowa, at 2:00 p.m., on Thursday, June 8, 2023. Members present: Mayor Pro Tem Feuss in the Chair, Boesen, Nichols, Grieder, Wilder and Feuss. Approval of Agenda Grieder/Wilder that the agenda, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. OTHER COUNCIL BUSINESS Police Department (Cameras) Amount: NTE $150,000.00 Expenditure: Cameras for the 4th Street camera project. Boesen/Grieder to approve the Pre -Authorization submitted by the Police Department for cameras, in an amount not to exceed $150,000.00. Voice Vote -Ayes: Five. Motion carried. Liquor license - Absalom Lounge, 320 E. 4th Street, Class C Alcohol with outdoor service, 8 month license expiring on February 2, 2024. Wilder/Grieder to approve the application by Absalom Lounge for an 8-month liquor license. Voice Vote -Ayes: Five. Motion carried. ADJOURNMENT Grieder/Wilder that the meeting adjourn at 2:06 p.m. Voice vote -Ayes: Five. Motion carried. Kelley Felchle City Clerk Page 1 of 1 Page 9 of 469 June 5, 2023 The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, June 5, 2023. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Creighton -Smith, Chiles, Grieder, Wilder and Feuss. Prayer or Moment of Silence. Pledge of Allegiance - Mayor Quentin Hart Approval of Agenda as proposed or amended. Feuss/Grieder that the agenda, as proposed, be approved. Voice vote: Ayes - Seven. Motion carried. Approval of Minutes of May 30, 2023 Planning Session as proposed. Feuss/Grieder that the minutes of May 30, 2023, Regular Session, as proposed, be approved. Voice vote: Ayes - Seven. Motion carried. Proclamation declaring June 19, 2023 as Juneteenth Celebration. Youth Art Team Open House Celebration/Project. PUBLIC COMMENTS Ron Spears, 228 Prospect Avenue, encouraged the council to leave 5th and 6th Streets as one -ways. Forest Dillavou, 1725 Huntington Road, commented that there are five pages of people in the Waterloo Courier who have not paid their taxes. He commented that he believes it is very telling. Greg Bazan, 1803 Downing Avenue, commented that he would like to see fireworks use expanded to the weekend before the 4th of July. David Dryer, 3145 W. 4th Street, commented that the city can assess residents for things it has a problem with. However, the city needs to do a better job at maintaining its own property and helping citizens take down dead trees. Page 1 of 13 Page 10 of 469 Max Rhodes, 1707 Upton Avenue, commented that he moved here five years ago and he has asked for a speed hump but nothing has happened yet. People drive really fast and there are no sidewalks to keep pedestrians out of the road. He is concerned that someone could get killed. Larry Stumme, 1008 Lois Lane, commented on dilapidated housing in Waterloo. Mayor Hart invited both Mr. Stumme and Dr. Blackwell to come to City Hall for a conversation regarding these dilapidated properties to help them understand the history of the properties and the state process that the city has to go through to get these away from the derelict landlords. Michael Blackwell, 5125 Millenium Dr., Cedar Falls, thanked the Mayor for his comments. He read a statement regarding the properties. Mr. Chiles commented that his newsletter is going to go out this week and mentioned trees that need to be addressed on Huntington Road. Mr. Grieder commented that the 4th Street Bridge lighting project looks wonderful. He shared that he attended an environmental conference in Washington D.C. Mr. Boesen commented that he has had citizen complaints about trees, and when he forwards these to Leisure Services they are addressed rapidly. Paul Huting, Leisure Services Director, explained the hazardous tree ordinance. Ms. Creighton -Smith thanked Mayor Hart for opening up lines of communication for Michael Blackwell and Larry Stumme. She questioned if she could also have a seat on EPA committees so that poor and BIPOC communities can join the conversation. She also shared that constituents have concerns with semis driving on Newell Street. Feuss/Grieder to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Feuss/Wilder that the following items on the consent agenda be received and placed on file including the payment of bills for June 5, 2023, in the amount of $4,571,415.72. Roll Call vote -Ayes: Seven. Motion carried. Mr. Boesen requested consent agenda items number 33 and 34 be removed for further discussion. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2023-340. Resolution approving the request of Jack White, for a waiver for a concrete driveway, located at 2200 Cardinal Drive, and authorizing the construction of a concrete driveway and placing a Page 2 of 13 Page 11 of 469 driveway or sidewalk on the city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2023-341. Resolution approving the request of Rhonda Moothart, for a waiver for a concrete driveway, located at 224 W. Orange Road, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2023-342. Resolution approving the request of Refik Sakanovic, for a waiver for a concrete driveway, located at 1003 Denver Street, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2023-343. Resolution approving request to certify assessments for unpaid snow and hazardous tree removal, weed mowing, and lot clean-ups, for payments dated July 1, 2021 - December 31, 2022, in the amount of $111,127.65, for properties listed on attached exhibit "A". Resolution adopted and upon approval by Mayor assigned No. 2023-344. Resolution approving an exception to the purchasing policy for the purchase of an Elgin Crosswind Street Sweeper 2020 demo unit for the Street Department, in the amount of $205,503.00. Resolution adopted and upon approval by Mayor assigned No. 2023-345. Resolution supporting an application by Baltimore Fields, LLC, for the Iowa Workforce Housing Tax Credit Program application to the Iowa Economic Development Authority, to construct eighteen (18) new single-family homes located east of 1003 Vermont Street, including $90,000.00 infill incentive upon substantial completion, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-346. Resolution supporting a Fire Department application for Opioid Allocation Funds, in the amount of $250,000.00, through the Black Hawk County Board of Supervisors, for the purchase of a new front-line ambulance. Resolution adopted and upon approval by Mayor assigned No. 2023-347. Motion approving Change Order No. 2 with K & W Electric, Inc., of Cedar Falls, Iowa, for a net decrease of $15,806.40, in conjunction with Downtown Traffic Cameras and Fiber Optics Communications Project, STBG-SWAP-8155(769)--SG-07, and authorizing the Mayor and City Clerk to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, in the amount of $736,466.50, in conjunction with the Downtown Camera and Fiber Optic Communication Project, STBG-SWAP- 8155(769)--SG-07. Page 3 of 13 Page 12 of 469 Resolution adopted and upon approval by Mayor assigned No. 2023-348. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K&W Electric of Waterloo, Iowa, in the amount of $25,740.00, in conjunction with the Hangar No. 3 LED Lighting Project, FAA Project No. AIP 3-19-0094-048 (CARES- MAI NT). Resolution adopted and upon approval by Mayor assigned No. 2023-349. Motion approving Final Quantity Summary with Midwest Concrete, of Peosta, Iowa, for a net decrease of $56,694.00, in conjunction with the FY 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No. 1064, and authorizing the Mayor and City Clerk to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Midwest Concrete, Inc., of Peosta, Iowa, in the amount of $495,900.30, in conjunction with the FY 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No. 1064, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2023-350. Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No. 1064, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-351. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 22, 2023, and date of public hearing as July 3, 2023, in conjunction with the FY 2024 Sidewalk Infill, Sidewalk Ramp and Trail Repair Program - Zone 3, Contract No. 1079, and direct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2023-352. Resolution setting date of public hearing as June 20, 2023, to approve the request by Dhani Re Investments, LLC, to locally designate 722 Water Street as a Historic Landmark, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-353. Resolution accepting the Proposal for Audit Services from BerganKDV for the years ending June 30, 2023-June 30, 2027 with optional renewals for the years ending June 30, 2028, and June 30, 2029, in the following amounts: 1) June 30, 2023- $69,900 + $5,000 ACFR preparation fee + $3,000-5,000 per major single audit program 2) June 30, 2024- $73,400 + $5,250 ACFR preparation fee + $3,000-5,000 per major single audit program 3) June 30, 2025- $77,000 + $5,550 ACFR preparation fee + $3,000-5,000 per major single Page 4 of 13 Page 13 of 469 audit program 4) June 30, 2026- $80,900 + $5,775 ACFR preparation fee + $3,000-5,000 per major single audit program 5) June 30, 2027- $84,900 + $6,050 ACFR preparation fee + $3,000-5,000 per major single audit program Optional Year 1: June 30, 2028- $89,200 + $6,350 ACFR preparation fee + $3,000-5,000 per major single audit program Optional Year 2: June 30, 2029- $93,600 + $6,600 ACFR preparation fee + $3,000-5,000 per major single audit program With an hourly rate for consulting services if we happen to request additional special projects or consulting not included in the time allowed of $180.00/hour. Resolution adopted and upon approval by Mayor assigned No. 2023-354. Airport Board minutes of March 22, 2023. Community Development Board minutes of April 18, 2023. Complete Streets Advisory Committee minutes of February 28, 2023. Complete Streets Advisory Committee minutes of March 28, 2023. Historic Preservation Commission minutes of April 18, 2023. Leisure Services Commission Board minutes of April 11, 2023. Planning, Programming, and Zoning Commission April 11, 2023 Minutes. Waterloo Housing Authority Board minutes of May 15, 2023. Motion approving Change Order No. 2 with Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for a net increase of $23,630.45, in conjunction with the FY 2023 CIP Pipelining Phase IVA3, Contract No. 1063, and authorizing the Mayor and City Clerk to execute said document. Page 5 of 13 Page 14 of 469 Motion approving appointment of Andrea Lynn and Cristian Rincon from the current Civil Service List to the position of Clerk II in the Police Department, effective June 12, 2023, pending pre -employment physical and drug testing. Communication from the Library Department on the notice of the conclusion of employment of Annette Wilson, Library Assistant, effective May 18, 2023, with the recommendation of approval of payout of $5,191.36 for unused benefits. Communication from the Police Department on the notice of the conclusion of employment of Daniel Calzadillas, Police Officer, effective April 28, 2023, with the recommendation of approval of payout of $273.70 for unused benefits. Curtis Young Board/Commission: Complete Street Advisory, Expiration Date: N/A (New) Liquor Licenses a. The American Legion, 728 Commercial St., Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Exp: 6/14/2024. b. Behar Bar, 312 W. 4th Street, Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Exp: 4/30/2024. c. Best Deals, 1459 Ansborough Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/14/2024. d. Casey's General Store #2427, 3035 Logan Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/14/2024. e. CVS Pharmacy #8546, 205 Franklin St., Class E Alcohol w/Sunday Sales, Renewal - Exp: 5/31/2024. f. Walgreens #7455, 111 Ridgeway Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/16/2024. g. Walgreens #10855, 1850 Logan Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/16/2024. h. The Iron Horse Saloon, 303 W. 4th St., Class C Alcohol w/Sunday Sales, New - Exp: 4/30/2024. i. Walgreens #3590, 3910 University Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/16/2024. j. Metro Mart #4, 2332 Falls Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/30/2024. k. El Barco Mexican Seafood Bar & Grill, 910 W. 5th St., Class C Alcohol w/Sunday Sales, New - Exp: 5/4/2024. Bonds. Page 6 of 13 Page 15 of 469 Resolution supporting an application by 3350 University Avenue, LLC, for the Iowa Workforce Housing Tax Credit Program application to the Iowa Economic Development Authority, to construct ninety-five (95) new housing units, located at 3350 University Avenue, including a potential infill incentive upon substantial completion, and authorizing the Mayor and City Clerk to execute said document. Boesen/Chiles Roll Call vote - Ayes: Six. Nays: One (Creighton -Smith). Resolution adopted and upon approval by Mayor assigned No. 2023-355. Noel Anderson, Community Planning and Development Director provided an overview of the items. Mr. Boesen discussed the program with Mr. Anderson. Resolution supporting an application by FDP OC, LLC, for the Iowa Workforce Housing Tax Credit Program application to the Iowa Economic Development Authority, to construct sixty-nine (69) new housing units located at 501-503 Commercial Street, including a potential $345,000.00 infill incentive upon substantial completion, and authorizing the Mayor and City Clerk to execute said document. Boesen/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-356. PUBLIC HEARINGS FY 2023 Greenbelt Lake REAP Grant Project Phase II, Contract No. 1085. Grieder/Chiles to receive and file proof of publication of notice of public hearing. Voice Vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Grieder/Chiles to close the hearing. Voice Vote -Ayes: Seven. Motion carried. Grieder/Chiles Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-357. Grieder/Chiles to receive, file, and instruct the City Clerk to read bids. Voice Vote -Ayes: Seven. Motion carried. Page 7 of 13 Page 16 of 469 Engineer's Estimate: Base Bid $219,145.83 / Alternate Bid $13,000.00 / Total Base & Alternate $232,145.83 Vieth Construction - 5% - Base Bid $191,761.50 / Alternate Bid $22,500.00 / Total Base & Alternate $214,261.50 Lodge Construction - 5% - Base Bid $229,210.00 / Alternate Bid $31,500.00 / Total Base & Alternate $260,710..00 Grieder/Chiles Resolution approving award of bid to Vieth Construction Corporation of Cedar Falls, Iowa, in the amount of $214,261.50, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2023 Greenbelt Lake REAP Grant Project Phase II (Base Bid + Alternate), Contract No. 1085, and authorizing the Mayor and City Clerk to execute said documents. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-358. Sale and conveyance of City property located at 217 Reed Street, in the amount of $11,000.00, to Kevin E. Rose and Michelle L. Rose, with a development agreement. Feuss/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Feuss/Wilder to close hearing. Voice vote -Ayes: Seven. Motion carried. Feuss/Wilder Resolution approving the sale and conveyance of City property located at 217 Reed Street, in the amount of $11,000.00, to Kevin E. Rose and Michelle L. Rose, and authorizing the Mayor and City Clerk to execute said documents. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-359. Feuss/Wilder Resolution approving a Development Agreement with Kevin E. Rose and Michelle L. Rose in conjunction with the rehabilitation of 217 Reed Street, and authorizing the Mayor and City Clerk to execute said document. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-360. Street Department Seal Coat Program. Wilder/Chiles to receive and file proof of publication of notice of public hearing. Voice Vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Wilder/Chiles to close the hearing. Voice Vote -Ayes: Seven. Motion carried. Page 8 of 13 Page 17 of 469 Wilder/Chiles Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-361. Wilder/Chiles to receive, file, and instruct the City Clerk to read the bids. Voice Vote -Ayes: Seven. Motion carried. Bidder: Bituminous Materials & Supply LP, Des Moines, IA HFMS-2S - 15,000 gallons / $2.63 unit / Total $39,450.00 CRS-2P - 70,000 gallons / $3.09 unit / Total $216,300.00 CSS-1 Dliute/4:1 - 38,000 gallons / $1.73 unit / Total $65,740.00 Wilder/Chiles Resolution approving award of bid to Bituminous Materials & Supply, LP, of Des Moines, Iowa in the amount of $321,490.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Street Department Seal Coat Program, and authorizing the Mayor and City Clerk to execute said documents. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-362. RESOLUTIONS Resolution approving five year Collective Bargaining Agreement with AFSCME Local 1195 Planners and Engineers with wage reopener in years four and five; AFSCME Local 1195 Police Lieutenants and Code Enforcement Officers with wage reopener in years four and five; Teamsters Local 238 with wage reopener in years four and five; Municipal Employees Local Union No.177; Communication Workers of America; Waterloo Police Protective Association with wage and insurance reopener in years four and five and International Association of Fire Fighters Local No. 66 with wage and insurance reopener in years four and five, and authorizing the Mayor and Human Resources Director to execute said documents. Grieder/Feuss Roll CaII Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-363. Resolution approving a three percent salary increase for non -bargaining employees effective July 1, 2023. Grieder/Feuss Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-364. David Dryer, 3145 W. 4th Street, commented that he believes that the wages are much higher than what citizens of Waterloo earn. Mr. Grieder commented that it is important to attract quality employees through competitive wages. Page 9 of 13 Page 18 of 469 Mr. Boesen commented that council received an email about tentative agreements. Resolution approving a contract with the Waterloo Housing Trust Fund 10, in the amount of $47,470.00, in conjunction with the Emergency Repair Program, and authorizing the Board Chair to execute said document. Chiles/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-365. Resolution approving Addendum No. 2 to a Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, originally executed April 5, 2021, in an amount not to exceed $12,484.00, in conjunction with the FY 2022 North Crossing Area Study, Contract No. 1050, and authorizing the Mayor and City Clerk to execute said document. Chiles/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-366. Resolution approving a Professional Services Agreement with HR Green, in an amount not to exceed $4,600.00, to complete a Phase I Environmental Site Assessment (ESA), on property located at 200 East Mullan Avenue, and authorizing the Mayor to execute said document. Chiles/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-367. Resolution approving the Real Estate Purchase Agreement with Robert D. Brandt for the City's acquisition of 1335 Mullberry Street and adjacent lot, in the amount of $12,580.00 plus up to $2,000.00 in closing costs, and authorizing the Mayor and City Clerk to execute said document. Nichols/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-368. Resolution approving a Subordination Agreement with Union at North Crossing, LP, for the benefit of Huntington National Bank, pertaining to obligations under the Real Estate Purchase Agreement dated August 1, 2022, and amended April 13, 2023, by Instrument Nos. 2023-6156, filed October 14, 2022, and 2023-13814, filed April 25, 2023, with the Black Hawk County Recorders Office, for a project located north of 501 Lakeside Street, and authorizing the Mayor and City Clerk to execute said documents. Nichols/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-369. Resolution approving a Development Agreement with Babic Properties, LLC, for the construction of a new duplex on an infill lot, including a $10,000.00 infill incentive upon Page 10 of 13 Page 19 of 469 substantial completion of said duplex, and authorizing Mayor and City Clerk to execute said document. Nichols/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-370. Doris Dietrich, 620 Keystone Street, commented that she understands there will be a multi- family unit apartments. She questioned if there were discussions on extending the neighborhood with single family homes. She asked what the future holds for the Jesse Cosby Center. She questioned why a Starbucks is being built inside Allen Hospital instead of at North Crossing, which would be more available to the community. She asked for a meeting with the developer to learn more about the project. Mayor Hart asked Ms. Dietrich to call his office tomorrow to set up a meeting. Noel Anderson, Community Planning and Development Director, commented on potential single family opportunities in that area. Mayor Hart commented that there will also be additional commercial lots available in the area for retail, restaurants, etc. Resolution approving a Development Agreement with Babic Properties, LLC, for the construction of a four unit residential building on an infill lot located on Ravenwood Circle south of Ravenwood Road, including a $20,000.00 infill incentive upon substantial completion of said four units, and authorizing the Mayor and City Clerk to execute said document. Boesen/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-371. Resolution approving a Professional Services Agreement with Automatic Systems Company of Ames, Iowa, in the amount of $86,850.00, in conjunction with the Satellite Blower Control Panel Upgrades, and authorizing the Mayor and City Clerk to execute said document. Boesen/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-372. Resolution approving an Agreement for the Traffic Safety Improvement Program Funding Grant with the Iowa Department of Transportation, in the amount of $500,000.00, in conjunction with the construction of a roundabout at Hammond Avenue and Shaulis Road, and authorizing the Mayor and City Clerk to execute said document. Boesen/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-373. Mr. Boesen questioned if any incidences have occurred since installing the 4-way stop and expressed concern over funding for the roundabout project. Mohammad Elahi, Interim Director of Traffic Operations, commented on the history of this Page 11 of 13 Page 20 of 469 intersection and stated that a 4-way stop is more of an interim measure and not a permanent solution. Mr. Boesen questioned if the round about would be designed to accommodate semi -traffic. Mohammad Elahi confirmed. Resolution approving Amendment No. 1 to the Agreement with Strand Associates, Inc., of Madison, Wisconsin, originally executed on December 8, 2022, to amend the completion date from April 28, 2023, to July 31, 2023, in conjunction with the Related Services Third -Party Renewable Natural Gas Project, and authorizing the Mayor to execute said document. Grieder/Chiles Roll CaII Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-374. Ms. Creighton -Smith requested an overview of the item. Randy Bennett, Public Works Division Manager, provided an update on the project and a short explanation of the purpose of the project. Resolution approving Supplemental Agreement No. 5 with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $125,000.00, in conjunction with the Planning and Engineering Services Agreement originally executed on September 8, 2015, and authorizing the Mayor to execute said document. Grieder/Chiles Roll CaII Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-375. Resolution approving Amendment No. 1 with Ritland+Kuiper Architects, of Waterloo, Iowa, in the amount of $476,275.00, in conjunction with the Gates Park Redevelopment Service Agreement, originally executed on June 20, 2022, and authorizing the Mayor to execute said document. Grieder/Chiles Roll CaII Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-376. ORDINANCES An ordinance amending the City of Waterloo Traffic Code, by repealing Subsection (268a), Mockingbird Lane, west side of the 4100 block Section 551, Parking Prohibited At All Times On Certain Streets, in its entirety. Wilder/Chiles to receive, file, consider, and pass for the first time. Roll Call Vote -Ayes: Seven. Motion carried. Wilder/Chiles to suspend the rules. Roll Call Vote -Ayes: Seven. Motion carried. Page 12 of 13 Page 21 of 469 Wilder/Chiles to receive, file, consider, and pass for the second and third times and adopt said ordinance. Roll Call Vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5703. ADJOURNMENT Chiles/Grieder that the Council adjourn at 6:51 p.m. Vote Vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 13 of 13 Page 22 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution authorizing the fund transfers listed on Exhibit "A" to comply with state law. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES These transfers are made to comply with state law and the council's direction regarding sources of payment for various expenses. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Transfers Exhibit A Page 23 of 469 City of Waterloo June 30, 2023 Fund Transfers - Exhibit A TO FROM PURPOSE, PER STATE LAW ACTUAL General Fund Trust & Agency Fund General Fund Trust & Agency Fund Transfer Employee Benefits Levied in the Trust & Agency Fund to the General Fund Transfer Emergency Levy from the Trust & Agency Fund to the General Fund $ 9,701,512.00 $ 666,676.00 $ 10,368,188.00 Transfer TIF revenue to reimburse the TIF share of General Obligation Bond principal Debt Service Fund Tax Increment Financing Fund and interest $ 4,355,460.00 Transfer sewer revenue to reimburse the sewer share of General Obligation Bond Debt Service Fund Sewer Fund principal and interest $ 2,163,281.26 Reimburse Debt Service Fund for reinvestment district funds received to be used to pay principal on the 2017C bond Debt Service Fund Iowa Reinvestment District Fund issue $ 170,000.00 $ 6,688,741.26 Transfer ARPA funds to reimburse for the Grants Fund General Fund Fiber Project expenses $ 1,507,120.20 Transfer TIF increment funds to reimburse for Business Park Survey in the San Marnan Capital Projects Fund Tax Increment Financing Fund TIF district. $ 52,056.93 Transfer TIF increment funds to reimburse for administrative expenses in the San Capital Projects Fund Tax Increment Financing Fund Marnan TIF district. $ 37,792.90 Transfer TIF increment funds to reimburse for property acquisition in the Rath TIF Capital Projects Fund Tax Increment Financing Fund district. $ 254,948.18 Transfer TIF increment funds to reimburse for administrative expenses in the Rath TIF Capital Projects Fund Tax Increment Financing Fund district. $ 11,835.00 Transfer TIF increment funds to reimburse Capital Projects Fund Tax Increment Financing Fund for property cleanup in the Rath TIF district. $ 21,831.60 Transfer TIF increment funds to reimburse for wetland design services in the Northeast Capital Projects Fund Tax Increment Financing Fund Site TIF district. $ 17,181.86 Transfer TIF increment funds to reimburse for administrative expenses in the Northeast Capital Projects Fund Tax Increment Financing Fund Site TIF district. $ 13,901.00 Transfer TIF increment funds to reimburse for backbone design services in the Capital Projects Fund Tax Increment Financing Fund Northeast Site TIF district. $ 14,965.00 Transfer TIF increment funds to reimburse for administrative expenses in the Martin Capital Projects Fund Tax Increment Financing Fund Road TIF district. $ 1,092.00 FYE23 Cash Transf Ex A Page 24 of 469 City of Waterloo June 30, 2023 Fund Transfers - Exhibit A TO FROM PURPOSE, PER STATE LAW ACTUAL Transfer TIF increment funds to reimburse for design and construction services for the Leversee area in the East Waterloo Unified Capital Projects Fund Tax Increment Financing Fund (Midport) TIF district. $ 2,780.40 Transfer TIF increment funds to reimburse for the installation of electric lines in the Leversee area in the East Waterloo Unified Capital Projects Fund Tax Increment Financing Fund (Midport) TIF district. $ 1,706,980.00 Transfer TIF increment funds to reimburse for the design and construction of a sanitary sewer project in the Airline Highway area in the East Waterloo Unified (Midport) TIF Capital Projects Fund Tax Increment Financing Fund district. $ 432.00 Transfer TIF increment funds to reimburse for the design and construction of a water main project in the East Waterloo Unified Capital Projects Fund Tax Increment Financing Fund (Midport) TIF district. $ 12,311.62 Transfer TIF increment funds to reimburse for the design and construction of a sanitary sewer project in the Leversee area in the Capital Projects Fund Tax Increment Financing Fund East Waterloo Unified (Midport) TIF district. $ 83,386.48 Transfer TIF increment funds to reimburse for the design and construction of a sanitary sewer lift station project in the Leversee area in the East Waterloo Unified (Midport) TIF Capital Projects Fund Tax Increment Financing Fund district. $ 588,965.26 Transfer TIF increment funds to reimburse for the design and construction of the Warp Drive street project in the East Waterloo Capital Projects Fund Tax Increment Financing Fund Unified (Midport) TIF district. Transfer TIF increment funds to reimburse for backbone design services in the East Capital Projects Fund Tax Increment Financing Fund Waterloo Unified (Logan) TIF district. $ 56,183.48 $ 21,535.00 Transfer TIF increment funds to reimburse for the front footage water line project in the Capital Projects Fund Tax Increment Financing Fund East Waterloo Unified (Midport) TIF district. $ 28,195.20 Transfer TIF increment funds to reimburse for administrative expenses in the East Capital Projects Fund Tax Increment Financing Fund Waterloo Unified (Midport) TIF district. $ 14,124.00 Transfer TIF increment funds to reimburse for an economic development grant in the Capital Projects Fund Tax Increment Financing Fund East Waterloo Unified (Midport) TIF district. $ 309,887.00 FYE23 Cash Transf Ex A Page 25 of 469 City of Waterloo June 30, 2023 Fund Transfers - Exhibit A TO FROM PURPOSE, PER STATE LAW ACTUAL Capital Projects Fund Tax Increment Financing Fund Transfer TIF increment funds to reimburse for the design and construction of the Hyper Drive street project in the East Waterloo Unified (Midport) TIF district. $ 167,336.01 Transfer TIF increment funds to reimburse for property acquisition and asbestos removal at 118 Shilliam in the East Waterloo Capital Projects Fund Tax Increment Financing Fund Unified (Logan) TIF district. $ 16,300.00 Transfer TIF increment funds to reimburse for property demolition in the East Waterloo Capital Projects Fund Tax Increment Financing Fund Unified (Logan) TIF district. $ 94,659.61 Transfer TIF increment funds to reimburse for engineering at the Chamberlain site in the East Waterloo Unified (Logan) TIF Capital Projects Fund Tax Increment Financing Fund district. $ 6,767.50 Transfer TIF increment funds to reimburse for administrative expenses in the East Capital Projects Fund Tax Increment Financing Fund Waterloo Unified (Logan) TIF district. $ 37,501.30 Transfer TIF increment funds to reimburse for property acquisition and an economic development grant for North Crossing in the Capital Projects Fund Tax Increment Financing Fund East Waterloo Unified (Logan) TIF district. $ 1,000,000.00 Transfer TIF increment funds to reimburse for platting and design services in the East Capital Projects Fund Tax Increment Financing Fund Waterloo Unified (Logan) TIF district. $ 279,110.45 Transfer TIF increment funds to reimburse for economic development grant for All -In Grocers in the East Waterloo Unified (Logan) Capital Projects Fund Tax Increment Financing Fund TIF district. $ 237,304.27 Transfer TIF increment funds to reimburse for administrative expenses in the University Capital Projects Fund Tax Increment Financing Fund Avenue TIF district. $ 714.00 Transfer TIF increment funds to reimburse for development expenses in the Riverfront Capital Projects Fund Tax Increment Financing Fund (Downtown) TIF District. $ 58,759.74 Transfer TIF increment funds to reimburse for Streetscape expenses in the Riverfront Capital Projects Fund Tax Increment Financing Fund (Downtown) TIF District. $ 1,055.86 Capital Projects Fund Tax Increment Financing Fund Transfer TIF increment funds to reimburse for engineering and construction on the Art Bloc parking lot in the Riverfront (Downtown) TIF District. $ 62,322.18 FYE23 Cash Transf Ex A Page 26 of 469 City of Waterloo June 30, 2023 Fund Transfers - Exhibit A TO FROM Capital Projects Fund Tax Increment Financing Fund Capital Projects Fund Tax Increment Financing Fund Capital Projects Fund Tax Increment Financing Fund Capital Projects Fund Tax Increment Financing Fund Subtotal - TIF Projects Only General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Subtotal - TIF Administration Subtotal - TIF Projects & Admin TOTAL TRANSFERS PURPOSE, PER STATE LAW Transfer TIF increment funds to reimburse for engineering and construction at the Cedar River Marina in the Riverfront (Downtown) TIF District. Transfer TIF increment funds to reimburse for the Waterloo Community Playhouse relocation study in the Riverfront (Downtown) TIF District. Transfer TIF increment funds to reimburse for Whitewater design services in the Riverfront (Downtown) TIF District. ACTUAL $ 941,195.57 $ 14,875.00 $ 134,718.00 Transfer TIF increment funds to reimburse for administrative expenses in the Riverfront (Downtown) TIF District. $ 54,869.51 $ 6,357,873.91 Transfer TIF increment funds to reimburse for salaries in the San Marnan TIF district. $ 16,140.10 Transfer TIF increment funds to reimburse for salaries in the Rath TIF district. 15,813.62 Transfer TIF increment funds to reimburse for salaries in the Crossroads TIF district. $ 5,360.35 Transfer TIF increment funds to reimburse for salaries in the NE Site TIF district. $ 16,605.21 Transfer TIF increment funds to reimburse for salaries in the Martin TIF district. Transfer TIF increment funds to reimburse for salaries in the East Waterloo Unified (Midport) TIF district. Transfer TIF increment funds to reimburse for salaries in the East Waterloo Unfired (Logan) TIF district. Transfer TIF increment funds to reimburse for salaries in the University Ave TIF district. Transfer TIF increment funds to reimburse for salaries in the Riverfront (Downtown) TIF district. $ 8,672.76 $ 16,785.36 $ 35,570.44 $ 23,267.21 $ 3,797.57 142,012.62 6,499,886.53 $ 25,063,935.99 FYE23 Cash Transf Ex A Page 27 of 469 WAIVER Date: ry (o 20Z3 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at concret)or asphalt) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: 1 agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. (Please make payment to: City of Waterloo.) Respectfully submitted, Printed Name of Property Owner Signature of Property Owner Page 28 of 4691 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as July 3, 2023, to approve a Site Plan Amendment request by NADROJ Reality, LLC, to allow for the construction of multiple contractor suites totaling 57,600 square feet plus a 40-foot by 60-foot 2,400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to construct new contractor suites in the Waterloo Air and Rail Park. NEIGHBORHOOD IMPACT The request to construct the contractor suites would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other proposed industrial development in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing is being held by the Planning, Programing and Zoning Commission on June 13, 2023, and notices sent to property owners with 250 feet. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 29 of 469 Lot 1 of Waterloo Air and Rail Park 1st Addition. ATTACHMENTS 1. Council Packet Page 30 of 469 June 13, 2023 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: Request by NADROJ Reality, LLC for a Site Plan Amendment to allow for construction of multiple contractor suites totaling 57,600 square feet plus a 40'X60' 2,400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive. NADROJ Reality, LLC, 1715 West 1st Street, Cedar Falls, Iowa The applicant is requesting to construct new contractor suites in the Waterloo Air and Rail Park. The request to construct the contractor suites would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other proposed industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Warp Drive which is classified as a Local street and Leversee Road, which is classified as a Collector. There are no trails or sidewalks in the immediate project area. The area in question has been zoned "M-2,P" Planned Industrial District since June 7, 2010, when the land was rezoned from "A-1" Agricultural District. Surrounding land uses and their zoning designations are as follows: North — New industrial development, vacant land and Waterloo Regional Airport, zoned "M-2,P" Planned Industrial District. South — New industrial development, vacant Land, zoned "M- 2,P" Planned Industrial District. East — New industrial development, vacant Land and Waterloo Regional Airport, zoned "M-2,P" Planned Industrial District. West — Residential and vacant land in the City of Cedar Falls. No screening is required in relation to this request. It will be necessary that a SWPPP plan and storm water detention plan be submitted to the Engineering Department for review and approval. The proposed request would not appear SPA-N and E of 2510 Leversee Road Page 1 of 6 Page 31 of 469 March 14, 2023 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. The surrounding area currently has several industrial projects being constructed otherwise is vacant land to the north, south and east adjacent to the Waterloo Regional Airport. The homes to the west in the City of Cedar Falls were built between the 1930's and 1980's. None of the property is located in the 100-year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0166F, dated July 18, 2011. No schools are located within the vicinity of the site. Big Woods Lake recreation area is located 1/2 mile to the west of the site. There are no parks in the immediate vicinity. UTILITIES: WATER, There is a 12" water line located along the east side of SANITARY SEWER, Leversee Road, a 12" Sanitary Sewer line located underneath STORM SEWER, ETC. the east side of Leversee Road. There is a 12" Sanitary Sewer Line, 15" Storm Sewer, 8" Water Line, and Drain Tiles located in Warp Drive. L SPA -NE of 2510 Leversee Road Page 2 of 6 Page 32 of 469 March 14, 2023 Picture 1: Looking southeast from the corner of Leversee Road and Warp Drive toward the property in question. Picture 2: Looking south from Warp Drive. SPA -NE of 2510 Leversee Road Page 3 of 6 Page 33 of 469 March 14, 2023 Picture 3: Looking north from Warp Drive at recently approved Magnum Trucking site. Picture 4: Looking south from current east end of Warp Drive at new building recently constructed. SPA -NE of 2510 Leversee Road Page 4 of 6 Page 34 of 469 March 14, 2023 RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting a site plan amendment to construct contractor suites in Waterloo Air and Rail Park. The west side of the site will include two 60' X 180' 10,800 square foot buildings connected with a covered loading dock. The east side of the complex will include 4 connected buildings, including a 100' X 120' 12,000 square foot building, two 40' X 60' 2,400 square foot buildings, and a 120' X 160' 19,200 square foot building for a total of 57,600 square feet. All of the buildings will have streel siding with multiple roll up doors. There will be a single driveway off of Warp Drive that will serve all the buildings along with a service drive to the west that will serve the two westerly buildings and the covered loading dock. Parking requirements are one space for each two hundred fifty feet square feet of office space and one space for every two persons employed on the maximum shift on the premises and will need to meet the requirement at the time of building permit review. The site plan currently shows 38 parking spaces. The area of the Site Plan Amendment had previously been approved by Ordinance 5493 on May 20, 2019, for a truck wash facility however, that project was not able to begin construction. The applicants are not planning to subdivide the property. During Tech Review, Engineering noted that they would need a drainage plan. The Fire department noted that they may need a turnaround on the south side of the property, that if the building is over 30 feet tall it will need aerial access, and the Fire Department and Building will need more details of the interiors of the buildings and occupants to determine if sprinklers and/or fire walls to be required. Therefore, staff recommends that the request by NADROJ Reality, LLC for a Site Plan Amendment to allow for construction of multiple contractor suites totaling 57,600 square feet plus a 40'X60' 2400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive be approved for the following reasons: SPA -NE of 2510 Leversee Road Page 5 of 6 Page 35 of 469 March 14, 2023 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would appear not appear to have a negative impact on traffic conditions in the area, as this will be another addition to the industrial park. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. SPA -NE of 2510 Leversee Road Page 6 of 6 Page 36 of 469 City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 1 I 1...............; t.._.._..=..=..- Southeast corner of Leversee Drive and Warp Drive Site Plan Amendment to "M-2,P" NADROJ Reality, LLC PogC 37 n 11R City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 Recently Approved Magnum Trucking SE corner of Leversee Road on Warp Drive Site Plan Amendment to "M-2,P" NADROJ Reality, LLC I)-,.- oo F AOn uy� , ...1 FO G G G G G G G G (9oOq) '1 0 TI 0 z G G G G w 12"SAN X-12"SAN — w w X—, 2Warp Drive AN (60' R. O. W — X-1rg/\N — 11 -n 0 T 0 '1 0 m 0 • 011 0 '1 0 900.0' SANITARY SEWER EASEMENT z zZ 63.2' zz 10.0' OFF EX. GAS MAIN x D z 0 O • // / / ///// /////// / 18.5' - FO J/ X-12"SAN — w — X-12"SAN X-12"SAN w w J op i— z m WC X-12' SAN X-12"SAN — V SAN M mILI U3 = W 0 in z z - FO FO • _ 30.0' w w -12 JAN A-12 SAN-- A-IC JA A —IL JAN W w A - IL JAN x- X t2 SAP W 12 JAN A —IL SAP — X-24"ST — — — X-24"ST — — — X-24"ST — F• — X-24"ST — — — X-24"ST — • - X-24"ST — X-24"ST — — — X-24"ST — — — FO PROPERTY INFORMATION: LOT 1 OF WATERLOO AIR AND RAIL PARK 1ST ADDITION ////////////////////// ZONING: / / M-2,P : PLANNED INDUSTRIAL DISTRICT / / ALL REQUIRED SETBACKS SHALL BE DETERMINED THROUGH / / PLAN REVIEW 4.0' / / / LAND USE: / By\gyp\NG / 1p0.X120 / TOTAL SITE AREA = 4.74 ACRES / EXISTING IMPERVIOUS AREA = 0.00 ACRES / / TOTAL IMPERVIOUS AREA = 2.97 ACRES / / SITE IS 62.7% IMPERVIOUS / / / / //////////////// / / / / / 40, X 60 / gyp\NG/ / c/ / / / / / 110.6' 1 18.5' f LOT 1 474 A S89°21'20"W 409.82' / / / / / / / cooNG / / / / //// / / / / / LOT c 3 44 A S89°21'16"W 300.03' NORTH 1-0 V) 0 a) U J t W (1) >— W 0_ L 0 30' 60' (238006) rge O ul • • v ..1111., • g • wo. ifr • • . • • 4. I., r - Page 40 of 469 .441 \ ` \ Page 41 of 469 „Ny\ N , 1 A lktN-v-*--v' ,------ / ', \ \ 4 hofk_y_t. \ x\m\ f kA \,/ 61s/ i v ,s.. 1 / e ' I 1 N /1"\ \ i / A \/ i s e .. / A , v N8 .,14 "s/ "PFILW-- 1 li V mill i / A ix,„,,,_ .. At ..f; \.. 4 1\, O ./ A ‘\, q,, ,1 $1' 1 / •1 4 , V ' ‘‘ /1 i / .J..y (-1--,, 2,-1/4...... , tii\k\"/ 7 c _,,, :;,-- \TV ITA A/ / A \ Page 42 of 469 Page 43 of 469 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment �( Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name — Business Name if Applicable (please print): NAVo1 ReAL:VI1 LI~C Address: 1l115 1l'f St-9-0-1" Phone: (31‘) V6,3-9'I6 Fax:(314) 246- 808 City: d tom- FAAJA State: rA '� Zip: 50 (.13 Email: STiPI4) a �,Je n i s. et, M b. Status of applicant: (a) Owner (b) Other_ )( (CHECK ONE): If other explain: DCAI o.2cr c. Property owner's name if different than above (please print): 64+.( a 1ni6v4e6o° Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of site plan to be amended .111t ,cSc Z or'. 6' J_e,'J See. -* W os) 1,0 rt.. b. Legal description of property or portion to be amended: UJ.b'2'RLOo AV, MD RAIL. pp4.K 1ST APPY'cr-d c. Dimensions of proposed site plan amendment: ,00 . 4+ In .to x Soo •04 X 4o°I • �0 d. Area of proposed site plan amendment: LoT e. Current zoning: 1V\-2,e p £ Reason(s) for site plan amendment and proposed use(s) of property: PC,Qc1Ff'LU -� O' )eIO{D 1-114- g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): L{ go.,0 v►.1r - �, - (oa K Ig0 X la f - /00 K 12.4X *9.F1' I - J.n)X 1601C j �" Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is nonrefundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signa of Applif, t Date Signature of Owner age 44 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as July 6, 2023, and date of public hearing as July 17, 2023, in conjunction with the FY 2023 Wastewater Treatement Plant Final Clarifier No. 3 Rehabilitation Project, Contract No. 1067, and instruct the City Clerk to publish said notice. RECOMMENDED COUNCIL ACTION Approve bid opening and hearing date. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Sewer funds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 45 of 469 1 !06 Notice to Bidders 2. !04 Notice of Public Hearing Page 46 of 469 NOTICE TO BIDDERS FOR THE TAKING OF CONSTRUCTION BIDS FOR THE F.Y. 2023 WASTEWATER TREATMENT PLANT FINAL CLARIFIER NO. 3 REHABILITATION IN THE CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1067 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 6th day of July 2023, until 1 P.M. for the construction of the F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, City Contract No. 1067, 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 6th day of July 2023, at 1 P.M. and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed Plans, Specifications, Form of Contract, and estimate of cost for the construction of the above -described improvement project at 5:30 P.M. on the 17th day of July 2023, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK This Project is rehabilitation of an existing final clarifier at the City of Waterloo Wastewater Treatment Plant. Work includes rehabilitation of a final clarifier mechanism on Final Clarifier No. 3; clarifier drive rebuild; removal and replacement of grout topping on tank base slab; pressure relief valve replacement; start-up testing; and miscellaneous metals, painting, piping, electrical, and demolition work. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed." Work will be substantially complete within 150 calendar days after the date when the Contract Time commences to run and will be completed and ready for final payment within 180 calendar days after the date when the Contract Time commences. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials 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. NOTICE TO BIDDERS Section NB-1 4463.016/City Contract No. 1067 Page 47 of 469 The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by Strand Associates, Inc.° (CONSULTANT), which Plans and Specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Complete digital Project Bidding Documents are available at www.strand.com or at www.questcdn.com. Download the digital Bidding Documents by inputting Quest project number 8556136 on the website's Project Search page. Please contact QuestCDN.com at (952) 233-1632 or info@questcdn.com for assistance with free membership registration, downloading, and working with this digital project information. Optional paper copies of the Plans and Specifications are available from the Issuing Office which is Strand Associates, lnc.®, 910 West Wingra Drive, Madison, WI 53715, upon the receipt of a $150 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Consultant's Office by the end of the 14th consecutive day after the Project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the Project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the Project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of its subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. All Bidders submitting a sealed Bid shall obtain the Bidding Documents from QuestCDN.com or from Strand Associates, Inc.° Bidders who submit a Bid must be a Plan Holder of record at the Issuing Office. Bids from Bidders who are not on the Plan Holders List may be returned as not being responsive. Plan Holders are requested to provide an e-mail address if they wish to receive addenda and other information electronically. Plan Holders are requested to designate whether they are a prime contractor, subcontractor, or supplier if they want this information posted on the project Plan Holders List. The City has the right to reject any Bids that do not have current Bidding Documents included in the Bid submission. Upon award of Project, the prime contractor, its subcontractors and suppliers shall be supplied with up to six paper copies and one electronic copy of Plans and Specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified Bidder submitting the lowest Bid with any combination of Bid Alternatives selected by the City. 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. NOTICE TO BIDDERS Section NB-2 4463.016/City Contract No. 1067 Page 48 of 469 Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The Bidder shall submit Bids on the items listed in the proposal. The Bidder shall clearly write or type the lump sum in numerals on the blanks provided. BID SECURITY REQUIRED All Bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the Bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, Bidder's bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful Bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to Bidder in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the Work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. NOTICE TO BIDDERS Section NB-3 4463.016/City Contract No. 1067 Page 49 of 469 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 five hundred dollars ($500) 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 Consultant 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 Consultant in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. BIDDER STATUS Attention of Bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each Bidder submitting a Bid shall execute and include with the Bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the Bid may result in the Bid being deemed nonresponsive and rejected. NOTICE TO BIDDERS Section NB-4 4463.016/City Contract No. 1067 Page 50 of 469 SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. PROJECT CONTACT The Strand Associates, Inc.° project contact is Sam K. Hocevar and can be contacted at Strand Associates, Inc.°, 910 West Wingra Drive, Madison, WI 53715, (608) 251-4843 regarding the project. All Bidding -related questions are to be submitted via e-mail to sam.hocevarstrand.com and must be received at least five days prior to the date set for receiving Bids. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA END OF SECTION NOTICE TO BIDDERS Section NB-5 4463.016/City Contract No. 1067 Page 51 of 469 NOTICE OF PUBLIC HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE F.Y. 2023 WASTEWATER TREATMENT PLANT FINAL CLARIFIER NO. 3 REHABILITATION IN THE CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1067 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 6th day of July 2023, until 1 P.M. for the construction of the F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, City Contract No. 1067 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 6th day of July 2023, at 1 P.M., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 P.M. on the 17th day of July 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 the City Engineering Department are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Avenue Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 NOTICE OF PUBLIC HEARING Section NPH-1 4463.016/City Contract No. 1067 Page 52 of 469 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The work shall include the following items: 1. This project is rehabilitation of an existing final clarifier at the City of Waterloo Wastewater Treatment Plant. Work includes rehabilitation of a final clarifier mechanism on Final Clarifier No. 3; clarifier drive rebuild; removal and replacement of grout topping on tank base slab; pressure relief valve replacement; start-up testing; and miscellaneous metals, painting, piping, electrical, and demolition work. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of CITY OF WATERLOO, IOWA BY: City Clerk END OF SECTION NOTICE OF PUBLIC HEARING Section NPH-2 4463.016/City Contract No. 1067 Page 53 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution approving an exception to the City of Waterloo's Purchasing Policy for the purchase of a VAC ALL for the Waste Management Department, in the amount of $518,836.43. RECOMMENDED COUNCIL ACTION Approve Purchase 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. Pre -Authorization - Vac All 2. Quote VacAll Page 54 of 469 Page 55 of 469 City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the $ 518,836.43 plus est. shipping costs of Vac All for Waste Management. Waste Management Department to expend $ 0 to pay for or purchase This purchase or expenditure is being made because: Replace existing unit. FY2024 purchase. Vendor selected for this purchase: n Bids or written quotes were taken on this purchase, as follows: n Bids or quotes were not taken on this purchase because: Sourcewell State Contract Price Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ▪ General Fund IT Road Use Tax n Sewer n Sanitation ❑ Bonds ❑ Federal/other grants ❑ Other (specify) This expenditure is to be coded to the following budget line -item: 520-14-5200-2117 (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitted, Sheila Steffen 06/07/2023 $ 750,000 $ 750,000 (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre-Authorization.xls (Mar 2010) Page 56 of 469 Municipal Pipe Tool Company, LLc Quotation Company Address 515 5th St, Hudson, IA 50643 bryanr@munipipe.com Quotation For City of Wateloo, IA Attn: Jesse Comments or Special Instructions Price based on Sourcewell State Contract Price Date 5/31/2023 Quotation # 61322 Customer ID Quotation valid until: 6/30/2023 Prepared by: BCR Salesperson I P.O. Number Ship Date I F.O.B. I Terms BRYAN ROBINSON Cues Camera Truck NET 15 DAYS Quantity I Description Unit Price I Taxable? I Amount 1 VacAll - per attached build sheet $ 518,836.43 No $ 518,836.43 If you have any questions concerning this quotation, please contact: BRYAN ROBINSON 515.681.6321 BRYANR@MUNIPIPE.COM Thank you for your business! Total TOTAL $ 518,836.43 $ $ 518,836.43 Page 57 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution approving an exception to the City of Waterloo's Purchasing Policy for the purchase of Fuel Tank Software for the Public Works Department, in the amount of $ 27,782.65. RECOMMENDED COUNCIL ACTION Approve Purchase 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. Pre -Authorization - Dicks Petroleum Software for Fuel Tanks 3 Page 58 of 469 City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Streets Department to expend $ 27,782.65 plus est. shipping costs of $ 0 to pay for or purchase Fuel Tank Software Troubleshooting - August 2022. Original Pre -Authorization could not be found so resubmitting request. This purchase or expenditure is being made because: Fuel Tank Software Malfunction Vendor selected for this purchase: Dick's Petroleum n Bids or written quotes were taken on this purchase, as follows: n Bids or quotes were not taken on this purchase because: Emergency - fuel system down Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ▪ General Fund IT Road Use Tax n Sewer n Sanitation ❑ Bonds ❑ Federal/other grants ❑ Other (specify) This expenditure is to be coded to the following budget line -item: 266-19-7200-1571 / 525-15-5400-1569 (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitted, Sheila Steffen 06/09/2023 $ 180,000 / 210,000 $ 59,404.42 / 34,173.85 (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre-Authorization.xls (Mar 2010) Page 59 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution authorizing an exception to the City of Waterloo's Purchasing Policy for the purchase of a TV Van for the Waste Management Department, in the amount of $224,196.00. RECOMMENDED COUNCIL ACTION Approve Purchase 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. Pre -Authorization - TV Van 2. Quote TV Van Page 60 of 469 Page 61 of 469 City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the $ 224,169 plus est. shipping costs of Cues CCTV Truck for Waste Management. Waste Management Department to expend $ 0 to pay for or purchase This purchase or expenditure is being made because: Replace the chassis, obsolete software and update electronics. FY2024 purchase. Vendor selected for this purchase: n Bids or written quotes were taken on this purchase, as follows: n Bids or quotes were not taken on this purchase because: HGAC State Contract Price Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ▪ General Fund IT Road Use Tax n Sewer n Sanitation ❑ Bonds ❑ Federal/other grants ❑ Other (specify) This expenditure is to be coded to the following budget line -item: 520-14-5200-2117 (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitted, Sheila Steffen 06/07/2023 $ 750,000 $ 750,000 (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre-Authorization.xls (Mar 2010) Page 62 of 469 Municipal Pipe Tool Company, LLc Quotation Company Address 515 5th St, Hudson, IA 50643 bryanr@munipipe.com Quotation For City of Wateloo, IA Attn: Jesse Comments or Special Instructions Price based on HGAC State Contract Price Date 6/1/2023 Quotation # 61322 Customer ID Quotation valid until: 7/1/2023 Prepared by: BCR Salesperson I P.O. Number Ship Date I F.O.B. I Terms BRYAN ROBINSON Cues Camera Truck NET 15 DAYS Quantity I Description Unit Price I Taxable? I Amount 1 1 Cues CCTV truck - per attached build sheet w/Replacement main cable $ 224,169.00 No $ 224,169.00 If you have any questions concerning this quotation, please contact: BRYAN ROBINSON 515.681.6321 BRYANR@MUNIPIPE.COM Thank you for your business! Total TOTAL $ 224,169.00 $ $ 224,169.00 Page 63 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jason Hernandez, Medical Supervisor Bill Beck, Fire Chief Fire Rescue Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution authorizing an exception to the City of Waterloo's Purchasing Policy, to approve the purchase of one (1) 2023 Type I Superliner 171 inch Body Ford 550 Ambulance from Life Line Emergency Vehicles of Sumner, Iowa, in the amount of $275,829.00. RECOMMENDED COUNCIL ACTION Approve and authorize the mayor to sign. SUMMARY STATEMENT AND BACKGROUND INFORMATION We are proposing to utilize a purchasing program through the Houston -Galveston Area Council referred to as HGACBuy to purchase a new ambulance. Contractors and manufacturers submit bids to the cooperative purchasing program, and local governments utilize the published bids to execute contracts. All of the large ambulance manufacturers in North America submit competitive bids to the HGACBuy program. End users view bid prices from different manufacturers and then choose a builder. Waterloo Fire Rescue and public works have both utilized the HGACBuy program for previous vehicle purchases. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 64 of 469 LEGAL DESCRIPTION ATTACHMENTS 1. HGAC Buy Letter of Intent Page 65 of 469 CITY OF %ATERLO 0 IOWA Community of Opportunity Quentin M. Hart 715 Mulberry Street Waterloo, IA 50703 June 21, 2023 HGAC Cooperative Purchasing Program P.O. Box 22777 Houston, TX 77227-2777 Dear HGAC Cooperative Purchasing Program: Waterloo Fire Rescue 425 East 3rd Street, Waterloo, IA 50703 Phone: (319)291-4460 The City of Waterloo expresses its desire to purchase one (1) 171" Superliner Type I Ambulance through the HGACBuy Cooperative Program. Life Line Emergency Vehicles, the HGACBuy vendor, provides the bid and contract information for the proposed purchase as follows: Contract No.: AM10-20 Description: Type I, 171" Body Superliner with Ford F-550 Chassis Product Code: NA04 Number of Units: One (1) Total Price: $275,829.00 Sincerely, Quentin M. Hart Mayor, City of Waterloo Page 66 of 469 CHANGE ORDER NO. 11 Owner City of Waterloo Date: 5/1/2023 Project University Avenue Reconstruction - Phase 3 Owner's Contract No. 971 Contractor: Peterson Contractors, Inc. Date of Contact Start 3/16/2020 Contract Amount: $ 14,387,651.08 You are directed to make the following changes in the Contract Documents. Description: 11-1 Sanitary Sewer Service Repair 11-2 Void Investigation & Repair $ 25,081.04 /LS $ 17,604.24 /LS x x 1 LS 1 LS $ 25,081.04 $ 17,604.24 TOTAL ADDITIONS $ 42,685.28 Reason for Change Order 11-1 This bid item includes all labor, equipment and supplies to replace the sanitary sewer service line for 1601 University Avenue. 11-2 This bid item includes all labor, equipment and supplies to investigate the void that had appeared twice for potential issues. No issues were found so the void was filled and backfilled. Landscaping and sidewalk repairs were also needed as a part of this work. CONTRACT PRICE Original: Previous C.O.s (ADD/DEDUCT) This C.O. (ADD/DEDUCT) Contract Price with all approved Change Orders: $ 14,387,651.08 Original Completion Date: $ 18,231.01 $ 42,685.28 Revised Completion Date: $ 14,448,567.37 CONTRACT TIME To Substantial To Final Completion Completion 11/20/2020 I 11/20/2020 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) ACCEPTED: BY: Chris D. Fleshne Digitally signed by Chris D. Fleshner DN: C=US, E=cfleshner@pcius.com, r CN=Chris D. Fleshner Date: 2023.06.02 12:40:34-05'00' Contractor (Authorized Signature) ACCEPTED: BY: 77 / ���'t.c'G AECOM Y#. SP4ez &er Date 6-2-23 Date 6-2-2023 Date AECOM 60630288 I 11 Project No. C.O. No. Page 67 of 469 INK-SAPETERSON CONTRACTORS, INC. �iIOCVOR`5 EXTRA WORK AUTHORIZATION(49 EEIEIESE- :eat. PO BoxA Phone: 319-345-2713 Reinbeck, Iowa 50669 Fax 319-345-2991 sH • www.petersoncontractors com Project Name: Date: PCI Job# Extra Work Autorization # University Ave. Phase III J8633 01/03/23 Remarks or Desc ption of Extra Work: Repair work fo Sanitary Sewer Replacement. Item # Description quantity Units Base Unit %Mark Up %Discount Adlusted Unit Total Amount Rate Rate 31204 Tracked Excavator 24.50 HR $170.00 0.00% 0.00% $170.00 $4,165.00 27926 Skid Loader 5.00 HR $150.00 0.00% 0.00% $150.00 $750.00 62401 Rubber Tired Loader 13.50 HR $160.00 0.00% 0.00% $160.00 $2,160.00 RM61 Tandum Axial Dump Truck 15.00 HR $92.00 0.00% 0.00% $92.00 $1,380.00 Labor 49.00 HR $85.00 0.00% 0.00% $85.00 $4,165.00 "" Supervisor & Truck 24.50 HR $120.00 0.00% 0.00% $120.00 $2,940.00 Sub Mike Dolan Concrete 1.00 LS $4,450.00 10.00% 0.00% $4,895.00 $4,895.00 Sub Steven's Erosion Control 1.00 LS $280.00 10.00% 0.00% $308.00 $308.00 Sub Al Sewer & Drain 1.00 LS $256.80 10.00% 0.00% $282.48 $282.48 Sub Iowa Plains Signing Inc. 1.00 LS $2,150.00 10.00% 0.00% $2,365.00 $2,365.00 Mat BMC Aggregates 12.43 TN $13.10 15.00% 0.00% $15.07 $187.26 Mat 6" x 23.5 PVC Sewer Pipe 28.00 LF $10.88 15.00% 0.00% $12.51 $350.34 Mat 6" PVC "Y" 2.00 EA $65.65 15.00% 0.00% $75.50 $151.00 Mat 6" PVC 45 deg. Elbow 3.00 EA $33.80 15.00% 0.00% $38.87 $116.61 Mat 6" Clay to PVC Fernco Coupling 1.00 EA $52.00 15.00% 0.00% $59.80 $59.80 Mat 6" Clean Out Cap 2.00 EA $57.00 15.00% 0.00% $65.55 $131.10 Mat 12" Castings 2.00 EA $199.68 15.00% 0.00% $229.63 $459.26 Mat UECO Invoice 1.00 LS $82.78 15.00% 0.00% $95.20 $95.20 Mat Recycled Modified Subbase for Trail 12.00 TN $10.00 0.00% 0.00% $10.00 $120.00 0.00% 0.00% $0.00 $0.00 Total Amount: The work covered by this authorization shall be performed in accordance with the same terms and conditions as included in the original contract. $25,081.04 Work Authorized and Changes Approved by: Prime Contractor or Owner: Peterson Contractors, Inc. By: By: Chris D. Fleshner Title: Date: Date: 1/6/2023 Page 68 of 469 PETERSON CONTRACTORS, INC. Tea EXTRA WORK AUTHORIZATION R E I N II E C E •• IOWA PO Box A Phone: 319-345-2713 Reinbeck, Iowa 50669 Fax: 319-345-2991 iT 7f IMi Y:Ll ,- www.petersoncontractors.corn Project Name: Date : PCI Job # Extra Work Authorization # uni phase 3 J5633 10-5-22/10-7-22 ***` Remarks or Description of Extra Work: dug up and fixed san sewer at peoples duchene ins Item # Description quantity Units Unit Rate % Mark Up MU Price % Discount Total Amount 31204 hoe 24.50 hr $170.00 0.00% $170.00 0.00% $4,165.00 27926 skidloader 5.00 hr $150.00 0.00% $150.00 0.00% $750.00 62401 loader 13.50 hr $160.00 0.00% $160.00 0.00% $2,160.00 61 truck 15.00 hr $92.00 0.00% $92.00 0.00% $1,380.00 labor 49.00 hr $85.00 0.00% $85.00 0.00% $4,165.00 supervisor 24.50 hr $120.00 0.00% $120.00 0.00% $2.940.00 6" 23.5 sewer pipe 28.00 If $10.88 0.00% $10.88 0.00% $304.64 6" pvc yee 2.00 ea $65.65 0.00% $65.65 0.00% $131.30 6" pvc 45 3.00 ea $33.80 0.00% $33.80 0.00% $101.4CI 6" clay to plastic fernco 1.00 ea $52.00 0 00% $52.00 0.00% $52.00 6" cleanout cap 2.00 ea $57.00 0.00% $57.00 0.00% $114.00 12" castings for clean out 2.00 ea $199.68 0.00% $199.68 0.00% $399.36 1" clean 12.43 tn 0.00% $0.00 0.00% $0.00 4" of recycle for sidewalk 12.00 tn 0.00% $0.00 0.00% $0.00 Total Amount: The work covered by this authorization shall be performed in accordance with the same terms and conditions as included in the original contract. $16,662.70 Work Authorized and Changes Approved by: Prime Contractor or Owner: Peterson Contractors, Inc. By: rickdallman By: Title Date: Date 10-5-22/10-7-22 Page 69 of 469 CO to PLEASE DETACH AND RETURN WITH YOUR REMITTANCE Page 70 of 469 STEVENS EROSION CONTROL, INC. P.O. Box 98 Hills, IA 52235 F-'ROSION CONTROL • Phone # 319-679-4990 brian.stevens@stevenserosion.com Marne f Address PCI P.O. Box A Reinbeck, IA 50669 chris@pcius.com jennifer@pcius.com University Ave J8633 Seed, Fert, Mulch for Hydraulic Seeding Page 71 of 469 Al Sewer and Drain PO Box 81 Dewar. IA 50623 US a1s.w.mdranegmad corn INVOICE vove BILL I SHIP IO PCI PCI 104 Bleckhawk St 1601 University Ave Reinbeck, IA 50669 Waterloo IA 50701 ECHNICIAN Jeremy Schlader DATE ACTMTY 10/14/2022 Sales SERVICE ADDRFSS 1601 Universky Ave, Waterloo DESCRIPTION c,\%3\'') okr- „sci 0\3-1' Ran camera in sewer line as needed. Provided footage via Google Dnve IYVOICE 2832 DAI E 10/18/2022 TERMS Net 30 DUE DATE 11/17/2022 OTY RATE AMOUNT 1 240.00 240.00T SUB I O IAL 240.00 TAX 16.80 TOTAL 256.80 BALANCE DUE t. $256.80 My invaces wltn a balance 30 days overdue wi.l mar a 1.5% late fee per month. Pego1of1 Page 72 of 469 IOWA PLAINS SIGNING, INC. January 5, 2023 SAFER ROADS :AVE LIVES Associated General Contractors of Iowa 1110 W. 6T" AVENUE (HWY. 210 W) I P.O. BOX 654 I SLATER, IOWA 50244-0654 TELEPHONE:(515) 685-3536 FAX: (515) 685-3530 Peterson Contractors, Inc 104 Blackhawk Street Box A Reinbeck, Iowa 50669 RE: Black Hawk County - FY 2020 University Avenue Reconstruction — Phase 3 To Whom It May Concern: Iowa Plains Signing, Inc. is requesting the following contract modification for the above referenced project. This request is for additional traffic control. Additional work was required on University Ave just east of the roundabout including sanitary sewer repairs. Additional traffic control was required for this work to be completed safely. The traffic control was required for approximately two weeks and included a lane closure on eastbound University Ave and sidewalk closures. Please see the following price for this work. Additional Traffic Control - $2,150.00 Lump Sum Please submit this information for processing. Contract Modification must be accepted, signed and returned to Iowa Plains Signing, Inc. If you have any questions, please give my office a call. Price does not include prime mark-up. Respectfully Submitted, Curtis Weeks Accepted By Date TRAFFIC CONTROL, PAVEMENT MARKINGS, SIGN MANUFACTURING MESSAGE BOARDS, CONCRETE BARRIER RAIL Page 73 of 469 Utility Equipment Company Sold To: BRANCHES LOCATED IN: BETTENDORF - DES MOINES - OMAHA - PERU,IL - SIOUX CITY and WATERLOO REMIT TO: PO Box 1290 Bettendorf, IA 52722 --For Crest Card Payment, call: (563) 355-5376 / (800) 541-8356 PETERSON CONTRACTORS INC PO BOX A REINBECK„fA 50669 P.O. No J9633 4JNIV AVE PH 3 WLOO — Terms N30/INV DATE Ship To: INVOICE Invoice No.: 30065118-000 Date: 10/07/2022 Page: 1 of 1 FOR:CITY OF WATERLOO, IA FY20 UNIVERSITY AVENUE PH 3 EVERGREEN AVE TO HIGHWAY 63 P/U AT UECO (IDWATERLOO, IA 50702 1V d Phone 319-345-2713 Fax: 319-345-2113 Order No./Rel. Customer No. SalesRep Ship Via Req. Date Reference 30065118-000 143100 WA HOUSE PICKUP 10J08/2022 W30065118 FRT ON BOARD DESTINATION FRT PREPAID & ADDED Product No. Description Ordered Shipped R 0 UON1 Unit Price Extension 1070066 MOP 30601 6' X 6' PVC SEWER WYE GXGXG JOHNNY MOP OATEY PIPE/GASKET LUBE GALLON 1 1 1 Sub Total: Total: EA 65.65 EA 3.63 EA / 13.50 65.65 3.63 1350 82.78 $ 82.78 "Spode! Order items are nonreturnable."Restocking charges may apply on other returned goods. "A monthly service charge of 1.5% may be assessed on balances past 30-days from invoice date." 10W/202215 07 MIA Page 74 of 469 ACCOUNT NO 15255 SOLD TO PETERSON PO BOX A REINBECK , Tiaet Date Product MAC Aggregates LC. PO Box 2277 Waterloo, IA 50704 Ph. 319-235-6583 - Fax 319-235-7065 email: amypQbmcaggregates.com CONTRACTORS INC IA 50669 PO# Order Location J8633 64575 8301 INVOICE 138040 DATE 10/15/2022 TERMS Due 20th Vo Ir� U ---Material--• -----Freight--= Tax Qty Rate ,4maunt Rate Amount Amount Total 3324897 10/5/2022 1" CLEAN ROADSTONE Subtotal 1" CLEAN ROADSTONE 12.43 13.10 162 83 0.00 0 00 0.00 162 83 12.43 Ton $16283 $0 00 $0.00 $162 83 Invoice Total 12.43 Ton $162.83 $0.00 '$0 00 $162 83 Total Invoice ---- > Terms: Accounts not paid by the 20th of the month following purchase are subject to a late fee of 1 1/2% (18% annually) $162.83 Page 75 of 469 �VITAI PETERSON CONTRACTORS, INC. MMEMS r EXTRA WORK AUTHORIZATION ❑5 �`- IIEIMEECM - • IOWIY PO Box A Phone: 319-345-2713 Reinbeck, Iowa 50669 Fax: 319-345-2991 crnta� i A 1 - of AMISO www.petersoncontractors.com Project Name: Date: PCI Job # Extra Work Autorization # University Ave. Phase III J8633 01/03/23 Remarks or Description of Extra Work: University Ave. & Ansborough Signal Pole Exploratory Excavation. Item # Description Quantity Units Base Unit Rate % Mark Up % Discount Adjusted Unit Rate Total Amount 31622 Tracked Excavator 7.00 HR $190.00 0.00% 0.00% $190.00 $1,330.00 RM80 Tandum Axial Dump Truck 7.00 HR $92.00 0.00% 0.00% $92.00 $644.00 """ Labor 7.00 HR $85.00 0.00% 0.00% $85.00 $595.00 """" Supervisor & Truck 7.00 HR $120.00 0.00% 0.00% $120.00 $840.00 Sub Mike Dolan Concrete 1.00 LS $7,285.00 10.00% 0.00% $8,013.50 $8,013.50 Sub Steven's Erosion Control 1.00 LS $200.00 10.00% 0.00% $220.00 $220.00 Sub KW Electric 1.00 LS $500.00 10.00% 0.00% $550.00 $550.00 Sub Iowa Plains Signing 1.00 LS $2,150.00 10.00% 0.00% $2,365.00 $2,365.00 Mat Flowable Mortar 11.50 CY $96.54 15.00% 0.00% $111.02 $1,276.74 Mat Recycled Modified Subbase 12.00 TN $10.00 0.00% 0.00% $10.00 $120.00 0.00% 0.00% $0.00 $0.00 Total Amount: The work covered by this authorization shall be performed in accordance with the same terms and conditions as included in the original contract. $15,954.24 Work Authorized and Changes Approved by: Prime Contractor or Owner: Peterson Contractors, Inc. By: By: Chris D. Fleshner Title: Date: Date: 1/3/2022 Page 76 of 469 Chris Fleshner From: Taylor Bohlen Sent: Tuesday, August 30, 2022 10:06 AM To: Chris Fleshner Subject 8633 HOURLY Tuesday 8/23/22 31622-4hrs Trk 80- 4hrs. 4.5 yrds flowable. Friday 8/26/22 31622-3 hrs Trk 80-3hrs 7.0 yrds flowable. Report This Email Page 77 of 469 MIKE DOLAN CONCRETE & MASONRY INC. WATERLOO, IOWA 5073 ,f)fLJ Phone 232-9688 PLEA Kit TACH AND RETURN WITH YOUR At M[TTANCf NUM3(R 72ksr o47 DATE CHARGES AND CREDITS BALANCE 10--tr- Ll BALANCE FOWARD 5 b c}. 1 ef r ✓? r 'fy. /9ya-. Re, lot C d'i©re''C G eh'i -f-p ft./ A9 , S rdv'w-d ater «r t L 7a-$S g There will be a FINANCE CHARGE of 11% per month, or 18% per annum 30 days after date of purchase. MIKE DOLAN CONCRETE & MASONRY INC. Ulan ou PAY LAST AMOUNT IN THIS COLUMN MATT ►AAROrr A SONS co_ WAT[JLLDQ CN A 03 WATS° Pagke,g8 of 469 STEVENS EROSION CONTROL, INC. P.O. Box 98 Hills, IA 52235 Phone # 319-679-4990 brian.stevens@stevenserosion.com Name / Address PCI P.O. Box A Reinbeck, IA 50669 chris©pcius.com jennifer@pcius.com Description Qty Seed, Fert, Mulch for Hydraulic Seeding 0.01 .‘c& Date 1/6/2023 Estimate # 2870 Project University Ave J8633 Cost 20,000.00 Total 200.00 Light Pole Total $200.00 Page 79 of 469 Chris Fleshner From: Kevin Martin <kmartin@kwsign.com> Sent: Tuesday, January 3, 2023 11:36 AM To: Chris Fleshner Subject: Re: J8633 University Ave. Phase III 500 sounds good Sent from my U.S.Cellular© Smartphone Get Outlook for Android From: Chris Fleshner <CFleshner@pcius.com> Sent: Tuesday, January 3, 2023 12:12:29 PM To: Kevin Martin <kmartin@kwsign.com> Subject: J8633 University Ave. Phase III Kevin, Report This Email I believe that you held the Traffic Signal Post at the corner of University Ave. & Ansborough this fall so we could do some investigational excavation around the pole and we then backfilled the signal post with flowable. I am proposing a cost to the City of Waterloo for this and was wondering what you wanted me to include for holding the pole? Thanks Chris Page 80 of 469 IOWA PLAINS SIGNING, INC. January 5, 2023 SAFER ROADS SAVE LIVES Assodated General Contractors of Iowa 1110 W. 6TH AVENUE (HWY. 210 W) I P.O. BOX 654 I SLATER, IOWA 50244-0654 TELEPHONE:(515) 685-3536 FAX: (515) 685-3530 Peterson Contractors, Inc 104 Blackhawk Street Box A Reinbeck, Iowa 50669 RE: Black Hawk County - FY 2020 University Avenue Reconstruction — Phase 3 To Whom It May Concern: Iowa Plains Signing, Inc. is requesting the following contract modification for the above referenced project. This request is for additional traffic control. Additional work was required at the corner of University Ave and Ansborough Ave including signal post footing excavation. Additional traffic control was required for this work to be completed safely. The traffic control was required for approximately two weeks and included a lane closure on westbound University Ave and sidewalk closures. Please see the following price for this work. Additional Traffic Control - $2,150.00 Lump Sum Please submit this information for processing. Contract Modification must be accepted, signed and returned to Iowa Plains Signing, Inc. If you have any questions, please give my office a call. Price does not include prime mark-up. Respectfully Submitted, Curtis Weeks Accepted By Date TRAFFIC CONTROL, PAVEMENT MARKINGS, SIGN MANUFACTURING MESSAGE BOARDS, CONCRETE BARRIER RAIL Page 81 of 469 p 3 RECO BENTON'S READY MIXED CONCRETE 725 CENTER aTREET CEDAR FALLS, IA 50613 PHONE:(319) 266-2641 FAX:(319) 266-2643 PETERSON CONTRACTORS INC. P.O. BOX A atten : Samantha REINBECK IA 50669 *** INVOICE *** Customer No. 52050 Invoice Date 8/26/2022 Invoice Number 200060 Page 1 Job Id UNIVERSITY AVE PO / Lot 1 J-8633 Credit Terms Net loth, Disc loth fko Date Ticket Qty Description Price Amount 08/26/22 3 7.00 CY IDOT FLOWABLE MORTOR 56.00 392.00 08/26/22 3 7.00 EA HAUL RATE - 6.25 YDS + 39.00 273.00 THANK YOU FOR YOUR BUSINESS.... Invoices are available for email now. Notify the office, if you would like them emasled. Sub -Total Sales Tax- N Invoice Total 665.00 .00 � 665.00 Page 82 of 469 BENTON'S READY MIXED CONCRETE 723 CENTER STREET CEDAR FALLS, IA 50613 PHONE:(319) 266-2641 FAX:(319) 266-2643 PETERSON CONTRACTORS INC. P.O. BOX A atten : Samantha REINBECK IA 50669 *** INVOICE *** Customer No. 52050 Invoice Date 8/23/2022 Invoice Number 199893 Page 1 Job Id UNIVERS Y AVE PO / Lot (F J-8633 Credit Terms Net 10th, Disc 10th Date Ticket Qty Description Price Amount 08/23/22 1 4.50 CY IDOT FLOWABLE MORTOR 08/23/22 1 4.50 EA HAUL RATE 4.25-6 C.Y. 56.00 39.00 252.00 175.50 4-0 CKAAIL4 THANK YOU FOR YOUR BUSINESS.... Sub -Total 427.5 Invoices are available for email now. Notify the office, if you would like them emailed. Sales Tax- IA 7 Invoice Total Page 83 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution submitting a Nutrient Reduction study to the Iowa Department of Natural Resources, as required by the NPDES Permit. RECOMMENDED COUNCIL ACTION Approve Submission of resolution of of Nutrient Reduction Study to IDNR 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. Nutrient Reduction Study Memo to Mayor and Council 2. 2023 Waterloo Nutrient Reduction Study.DRAFT.06132023 Page 84 of 469 Page 85 of 469 CITY OF 4J4TERLOoCAVA WASTE MANAGEMENT SERVICES 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Fax (319) 291-4523 June 8, 2023, 2023 To: Waterloo Mayor and Council From: Brian Bowman, Operations Director -Waste Management Services RE: Support Resolution, submittal of Nutrient Reduction Plan to Iowa Department of Natural Resources Background Discussion: Stipulated conditions of the city's current NPDES permit, effective June 1, 2021, require a second submittal of a Nutrient Reduction evaluation of our wastewater facilities to be submitted no later than July 1, 2023. A contract with Strand Engineering was approved by the city council on August 15, 2022 to prepare this plan. The plan that is attached evaluates the feasibility and reasonableness of reducing the amounts of Nitrogen and Phosphorus discharged into the Cedar River surface water. Waste Management Services currently has a comprehensive Facility Plan that incorporates Liquid Improvements and Nutrient Reduction into one plan. However this does not relieve the requirement of submission of a stand-alone Nutrient Reduction Plan to the IDNR Recommended Action: It is recommended that the City Council support the associated resolution on the June 20, 2023 City Council Agenda by recommending approval and submittal of the Nutrient Reduction Plan to IDNR and complying as required by our NPDES Permit. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 86 of 469 DRAFT 6/13/2023 Report for City of Waterloo, Iowa Nutrient Reduction Study Prepared by: STRAND ASSOCIATES, INC.' 910 West Wingra Drive Madison, WI 53715 www.strand.com June 2023 STRAND ASSOCIATES' Excellence in Engineering $irlcv 194 Page 87 of 469 DRAFT 6/13/2023 TABLE OF CONTENTS Page No. or Following NUTRIENT REDUCTION STUDY Existing Treatment Facilities 1 Influent and Effluent Data 5 Nutrient Reduction Goals 21 Evaluation of Operational Changes to Enhance Nutrient Removal 21 Wasteload and Flow Forecasts 22 Evaluation of Treatment Technologies to Meet Nutrient Reduction Goals 26 Implementation and Budgetary Considerations 32 Sewer Budget Impact 34 Financial Information 35 TABLES Table 1 Design Flows and Loadings 1 Table 2 Easton Influent Flow Summary 6 Table 3 Satellite Influent Flow Summary 7 Table 4 Combined Influent Flow Summary 8 Table 5 Influent Flow Summary 10 Table 6 Influent BOD Loading Summary 10 Table 7 Influent TSS Loading Summary 11 Table 8 Influent TKN Loading Summary 11 Table 9 Influent TN Loading Summary 12 Table 10 Influent TP Loading Summary 14 Table 11 Return Flow Sampling Summary —May and June 2017 16 Table 12 Return Flow Loading Estimates 16 Table 13 Effluent NH3-N 18 Table 14 Effluent TN 19 Table 15 Effluent TP 20 Table 16 Current and Projected Populations 22 Table 17 Projected 2045 Flows 24 Table 18 Projected Future Loads —Combined Influent 25 Table 19 Estimated Maximum Month Loads 25 Table 20 Design Flows and Loads 26 Table 21 BNR Present Worth Analysis Summary 28 Table 22 BNR Nonmonetary Considerations Study 29 Table 23 Recommended Near -Term Improvements for Nutrient Removal 33 Table 24 WWTP Budget Impact Summary for Near -Term Improvements 34 Table 25 Projected Rate Increases 35 Table 26 Projected Rate Increases with Reduced Industrial Use 35 Page 88 of 469 DRAFT 6/13/2023 TABLE OF CONTENTS Continued Page No. or Following FIGURES Figure 1 Wastewater Treatment Plant Process Flow Diagram 1 Figure 2 Influent Flow 9 Figure 3 Easton Influent Flow 23 APPENDICES APPENDIX A—NPDES PERMIT APPENDIX B-2018 NUTRIENT REDUCTION STUDY ii Page 89 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study This Nutrient Reduction Study (Study) was prepared as required to meet the June 1, 2023, compliance schedule in the City of Waterloo's (City's) Iowa Department of Natural Resources (IDNR) National Pollutant Discharge Elimination System (NPDES) Permit No. 0790001. The purpose of this study is to evaluate the feasibility and reasonableness of reducing the amounts of total nitrogen (TN) and total phosphorus (TP) discharged into the Cedar River by the City's wastewater treatment plants (WWTPs). EXISTING TREATMENT FACILITIES A. Background The City operates three WWTPs: an anaerobic lagoon that treats wastewater from a food processing plant before discharge into the City sanitary sewer system, the Satellite WWTP that was designed to treat the industrial wastewater from the northeast portion of the City (including the lagoon effluent), and the Easton Avenue (Easton) WWTP that was designed to treat the wastewater from all other sources in the City. The Satellite and Easton WWTPs are located at the same site and share several facilities as described later in this section and they both discharge to the Cedar River. A flow diagram of the Satellite and Easton WWTPs is presented in Figure 1. The design flows and loadings are presented in Table 1. The City's NPDES Permit No. 0790001 is included in Appendix A. Easton Plant Satellite Plant Wastewater Flow Design Average Flow (DAF) 20.4 MGD 6.7 MGD Design Average Wet Weather Flow (Maximum Month) 26.7 MGD 8.1 MGD Design Maximum Wet Weather Flow (Maximum Day) 36.0 MGD 11.1 MGD Design Peak Hourly Wet Weather Flow (PHF) 36.0 MGD 11.1 MGD Wastewater Loading 5-Day Biochemical Oxygen Demand (BOD5)—Average Day 24,000 lb/day 38,800 lb/day BOD5—Maximum Month 30,000 lb/day 58,000 lb/day BOD5—Maximum Day 70,000 lb/day 80,400 lb/day Total Kjeldahl Nitrogen (TKN)-Average Day 4,500 lb/day 7,025 lb/day TKN-Maximum Month 7,500 lb/day 13,550 lb/day TKN-Maximum Day 13,200 lb/day 19,300 lb/day Total Suspended Solids (TSS)—Average Day 18,000 lb/day 38,300 lb/day TSS—Maximum Month 25,000 lb/day 58,000 lb/day TSS—Maximum Day 66,000 lb/day 80,400 lb/day Notes: MGD=million gallons per day Ib/day=pounds per day Table 1 Design Flows and Loadings Prepared by Strand Associates, Inc.® 1 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 90 of 469 r EQUALIZ 4TIOPI OVERFLOW TO CEDAR RIVER EQUALIZATION OVERFLOW TO SATELLITE ACTIVATED SLUDGE TANKS SAT ELUTE ACTIVATED S1LiUGE TANKS SATELLITE 'FINAL CU PI PIERS AND RAS BUILDING SATELLITE EFFLUENT SAMPLING AJID METERING STRUCTURE FLOW EQUAL! ZATION BASIN EASTON PRIMARYCLARIFIER5AND PRIMARY SLUDGE PUMP BUILDING. SATELLITE PLANT BYPASS EASTON EFFLUENT SAMPLING AND METERING STRLFCTURE UV BUILDING EASTON ACTIVATED SLUDGE TANKS NITRIFIED MIXED LIQUOR RECYCLE EASTON FINAL CLARIFIERS AND R S BUILDING i THICKENING BUILDING 4VAS PUMP BUILDING & WAS TANKS DEI ATERIKIG EWJFLDING SLTR]GE STORAGE TANK r 1•• LEGEND E&,STON PRIMARY INFLUENT/EFFLUENT MIXED LIQUOR SECONDARY EFFLUENT EQUALIZATION FLOW SATELLITE INFLUENT RETURN ACTIVATED SLUDGE FROM SATELLITE COLLECTION SYSTEM BAR SCREEN BUILDING SATELLITE LIFT STAT!ON RAW WASTEWATER PUMP BUILDING ANAEROBIC DEGESTEPS T,5,5 BLiILDFNG & TA,STAN4KS WASTEWATER TREATMENT PLANT PROCESS FLOW DIAGRAM NUTRIENT REDUCTION STUDY CITY OF WATERLOO, IOWA STRAND ASSOCIATES® FIGURE 1 4463.001 rage a 1 01 goa‘ DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Wastewater service to the City was provided by the Easton WWTP alone until the Satellite WWTP was constructed in 1996. At that time, the Easton WWTP was a trickling filter WWTP with primary clarifiers, trickling filters, intermediate clarifiers, roughing filters, and final clarifiers. Following startup of the Satellite WWTP in 1998, a major upgrade to the Easton WWTP was undertaken, including the demolition or abandonment of much of the existing facility and the construction of new primary and final clarifiers along with the conversion to activated sludge biological treatment. While the Satellite WWTP was designed to treat the industrial wastewater from a portion of the City, it has been out of service for several years and is currently only used for storage during peak flow events. In March 2020, the City completed a project to convey equalization basin overflow to the Satellite WWTP activated sludge tanks for storage and blending with the Easton WWTP secondary effluent. While influent flow from the Satellite and Easton WWTP collection systems are measured separately, under current WWTP operation, the influent flow from the Satellite WWTP collection system is combined with the Easton WWTP influent flow upstream of the Easton WWTP anoxic selector basin and is treated using the Easton WWTP. Both the Satellite and Easton WWTPs are currently designed for TN removal using the Modified Ludzak-Ettinger (MLE) process. B. Easton WWTP Influent flow to the Easton WWTP passes through two 3/4-inch bar screens and enters an influent wet well where it is pumped with five raw wastewater pumps to the grit removal system. Flow is measured with magnetic flowmeters. The Bar Screen Building and the Raw Wastewater Pump Building were both constructed concurrently with the construction of the Satellite WWTP in 1996. Following pumping, wastewater flows through two vortex grit removal basins located in the Raw Wastewater Pump Building. A sampler located downstream of the influent pumps and upstream of grit removal is used to collect Easton WWTP influent samples. When flows to the Easton WWTP exceed the WWTP's hydraulic capacity, a portion of the flow can be diverted to two flow equalization basins located on the northern portion of the site using two downward opening weir gates in the grit chamber effluent channel. These basins were constructed in 1996 and have a total storage capacity of approximately 20 million gallons (MG). Wastewater stored in these basins can be returned to the Easton WWTP influent wet well when the WWTP has capacity to treat the flow. During extreme high -flow events, an overflow/bypass structure to the Cedar River can be used to discharge wastewater from the equalization basins. After grit removal, flow is discharged by gravity to two circular primary clarifiers. Three primary sludge pumps located in the Primary Sludge Pump Building are used to pump sludge from the primary clarifiers to the blended sludge tanks or to the primary sludge transfer tanks at Structure 170. The primary sludge pumps were replaced in approximately 2017. Additional modifications to the primary sludge handling system were implemented in 2022, including an intermediate wet well and pumping system that can be used to thicken primary sludge while reducing pumping issues in the long primary sludge force main. Scum that is removed from the primary clarifiers is stored in a mixed scum tank and pumped to the thickened waste activated sludge (TWAS) tanks. The primary clarifiers and Primary Sludge Pump Building were constructed in 1998. Prepared by Strand Associates, Inc.® 2 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 92 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study The activated sludge system uses the MLE process for biochemical oxygen demand (BOD), ammonia, and TN removal and includes an anoxic selector basin as well as four elongated rectangular aeration basins. The primary effluent flows into the anoxic selector basin and is mixed with the Satellite WWTP influent flow. The anoxic selector basin is mixed using coarse bubble air diffusers with a goal of maintaining anoxic conditions. This basin is also used to split the now combined flow between the four aeration basins. Each aeration basin consists of one anoxic zone with coarse bubble diffusers for mixing and three aerobic zones with fine bubble diffusers. Aeration is provided by three multistage centrifugal blowers. Flow from each of the basins is mixed in an outlet box which contains three mixed liquor (ML) recycle pumps to recycle nitrified ML to the front of the activated sludge system for alkalinity recovery and TN removal. The ML recycle pumps are constant -speed submersible pumps and do not allow operators to adjust the recycle flow based on flow and loading conditions, other than by turning more pumps on or off.. ML from the aeration tanks flow to four center -feed circular final clarifiers before joining the Satellite WWTP flow for disinfection in the Ultraviolet (UV) Building. Five return activated sludge (RAS) pumps located in the RAS Building return settled sludge to the primary effluent pipe upstream of the anoxic selector basin. Secondary effluent passes through a Parshall flume for flow measurement and is sampled before disinfection. Disinfection is provided by two UV disinfection systems operated in series. The UV disinfection system and building were installed in 2013. Following disinfection, effluent flows to one of two outfalls. A river diffuser is used under normal river level conditions (Outfall 801). When the Cedar River level is high (river flow greater than 8,500 cubic feet per second [cfs]), four effluent pumps located in the effluent lift station are used to pump the effluent to a shoreline discharge (Outfall 011). C. Satellite WWTP As described earlier, the Satellite WWTP was designed to treat mostly industrial wastewater flows from a dedicated collection system from the northeast side of the City. The Satellite WWTP has been out of service since approximately 2012. Flows from the Satellite WWTP collection system flow to the Satellite WWTP lift station at the Easton WWTP, which is on the north end of the Raw Wastewater Pump Building. Here the raw wastewater is sampled and pumped to the Magnesium Hydroxide Building using three submersible pumps. In the Magnesium Hydroxide Building, WWTP staff can add alkalinity to the raw wastewater by feeding magnesium hydroxide. Downstream of the Magnesium Hydroxide Building, wastewater discharges to the Easton WWTP primary effluent piping at the Satellite WWTP bypass structure. Under current WWTP operation, Satellite WWTP influent is diverted to the Easton WWTP through this bypass structure and no raw wastewater continues to the Satellite WWTP activated sludge system. Prepared by Strand Associates, Inc.® 3 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 93 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study The Satellite WWTP activated sludge system uses the MLE process and includes two trains, each made up of two elongated rectangular tanks. An anoxic zone is provided in each train using coarse bubble diffuser mixing. Aeration is provided by fine bubble diffusers and five multistage centrifugal blowers. Two ML recycle pumps are used to return nitrified ML through the internal tank wall to the anoxic zone for denitrification and alkalinity recovery. ML from the aeration tanks flows to four center -feed circular final clarifiers. Five RAS pumps located in the Satellite WWTP RAS Building return settled sludge to the raw wastewater piping upstream of the activated sludge tanks. Secondary effluent passes through a Parshall Flume for flow measurement and is sampled before being combined with the Easton WWTP secondary effluent at the UV Building upstream of UV disinfection. D. Sludge Processing Waste activated sludge (WAS) is pulled from the Easton and Satellite RAS headers for wasting using automated control valves and flow meters. The WAS is pumped to WAS storage tanks until it is pumped to three gravity belt thickeners (GBTs) for thickening. Scum from the final clarifiers is also pumped to the WAS tanks. The WAS tanks are mixed using coarse -bubble aeration supplied from two positive displacement blowers. TWAS is pumped from the GBTs to the three blended sludge storage tanks using three TWAS transfer pumps. In these tanks, the TWAS is mixed with the primary sludge from the Easton WWTP and primary scum to provide a consistent feed to the anaerobic digesters. Primary sludge is pumped to the Primary Sludge Transfer Tanks at the WAS Building or directly to the Blended Sludge Storage Tanks using three rotary lobe pumps. Sludge from the Primary Sludge Transfer Tanks is pumped to the Blended Sludge Storage tanks using two Primary Sludge Transfer Pumps. Before pumping, the primary sludge passes through two sludge grinders. Mixing is provided in the TWAS tanks with three submersible mixers. Sludge is pumped from the blended sludge storage tanks to the anaerobic digesters using three progressing cavity pumps. The anaerobic digestion system uses a temperature -phased anaerobic digestion (TPAD) process with two thermophilic digesters and four mesophilic digesters. Two of the mesophilic digesters are equipped with floating covers for digester gas storage. The digesters are heated using a hot water boiler system. The TPAD system produces Class A biosolids. Digested biosolids are pumped from the digesters to the biosolids storage tanks where it is stored until it is dewatered using two centrifuges and one belt filter press (BFP). Centrate from the dewatering process is discharged to a centrate equalization tank and pumped to the head of the plant. The dewatered biosolids are then land applied. Prepared by Strand Associates, Inc.® 4 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 94 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study INFLUENT AND EFFLUENT DATA A. Baseline Influent Data The City currently measures influent flow from the Satellite collection system separate from the Easton WWTP influent flow. As discussed earlier, these flows are combined at the Easton WWTP anoxic selector basin under current WWTP operation. Flow to the equalization basin is measured by summing the discharge flow from the Easton raw wastewater pumps and subtracting the Easton influent flow. Flow that is returned from the equalization basin enters the Easton influent wet well and is included in the Easton influent flow. Easton influent samples currently include process return flows, including dewatering centrate, GBT filtrate, and tank drains. Estimates of these return flow loads and their impact of Easton influent loadings are presented later in this section. Tables 2 through 4 present the 2017 through 2022 flow data by month for the Easton WWTP, Satellite WWTP, and combined influent. The average represents the average day flow for the entire month. "Min" and "Max" represent the lowest and highest day's total daily (24-hour average) flow during that month, respectively. The Easton influent flow presented in Table 2 (and included in the combined flow in Table 4) includes the flow diverted to the equalization basin and subtracts the return flow from the equalization basin to approximate the actual total wastewater flow that is conveyed to the Easton WWTP site each day. A chart of the Satellite and the adjusted Easton influent flow from 2017 to 2022 is presented in Figure 2. Prepared by Strand Associates, Inc.® 5 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 95 of 469 DRAFT 6/13/9n23 City of Waterloo, Iowa Nutrient Reduction Study Table 2 Easton Influent Flow Summary 2017 2018 2019 2020 2021 2022 Avg Min Max Avg Min Max Avg Min Max Avg Min Max Avg Min Max Avg Min Max January 12.24 9.79 13.48 8.23 5.95 14.38 13.52 11.87 15.82 10.53 9.42 12.11 8.79 8.01 9.32 7.90 7.00 8.37 February 11.90 10.34 13.47 8.74 7.08 11.46 13.22 11.19 19.23 10.71 9.88 11.69 9.16 7.97 11.73 7.87 7.13 8.32 March 14.04 12.50 16.65 9.38 7.54 11.09 22.10 11.35 30.38 16.01 11.66 21.72 14.02 11.98 16.34 10.29 7.93 15.05 April 15.37 12.59 17.48 11.04 9.14 14.42 18.47 15.00 23.75 14.13 12.03 17.89 10.70 9.48 12.48 11.84 9.41 23.32 May 14.06 11.71 17.27 11.25 9.25 16.31 20.68 16.59 25.89 14.11 10.97 23.12 12.92 9.06 17.36 12.90 9.76 21.25 June 10.97 9.49 12.80 12.22 8.16 16.29 18.59 14.44 25.83 23.32 15.47 31.97 12.74 10.70 15.21 12.83 9.50 24.14 July 9.45 7.88 10.75 11.58 8.58 19.68 14.02 10.86 20.98 17.43 12.45 25.79 11.94 9.18 17.83 12.35 9.10 21.28 August 8.10 7.36 8.96 12.58 8.06 23.56 10.07 8.33 12.71 10.45 8.76 11.92 12.10 7.96 17.00 9.16 8.26 11.02 September 7.36 6.33 7.86 24.39 11.61 29.92 11.21 8.36 19.61 11.62 8.70 20.70 11.61 9.38 15.38 8.05 7.35 8.99 October 8.52 5.64 11.75 8.74 25.29 15.79 30.67 17.49 13.12 28.41 10.40 8.44 22.57 11.42 9.55 14.61 7.33 6.51 9.50 November 7.80 6.53 16.37 13.43 22.80 12.07 11.17 13.37 10.71 9.12 16.99 11.92 10.38 15.68 8.12 7.02 12.43 December 7.14 5.87 7.87 14.03 10.03 24.65 11.59 9.39 13.46 9.41 8.06 10.50 9.10 6.62 12.60 7.63 7.19 8.98 Annual Average 10.58 - - 13.76 - - 15.25 - - 13.24 - - 11.37 - - 9.69 - - Minimum 7.14 5.64 - 8.23 5.95 - 10.07 8.33 - 9.41 8.06 - 8.79 6.62 - 7.33 6.51 - Maximum 15.37 - 17.48 25.29 - 30.67 22.10 - 30.38 23.32 - 31.97 14.02 - 17.83 12.90 - 24.14 Notes: Avg=average Min=minimum Max=maximum Prepared by Strand Associates, Inc.® 6 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 96 of 469 DRAFT 6/13/9n23 City of Waterloo, Iowa Nutrient Reduction Study Table 3 Satellite Influent Flow Summary 2017 2018 2019 2020 2021 2022 Avg Min Max Avg Min Max Avg Min Max Avg Min Max Avg Min Max Avg Min Max January 3.14 1.65 3.96 2.93 1.12 3.76 3.11 2.14 3.99 2.65 1.38 3.51 2.82 2.35 3.22 2.75 1.14 3.42 February 3.29 2.08 4.00 2.90 1.53 3.87 3.09 2.23 3.70 2.74 1.85 3.30 2.84 1.37 3.58 2.78 1.14 3.20 March 3.00 1.48 3.71 2.94 1.28 3.80 3.40 2.33 3.97 2.85 2.16 3.39 2.81 1.77 3.46 2.50 0.18 3.21 April 3.30 2.02 4.50 2.96 1.87 3.67 3.18 2.10 4.04 2.06 0.15 3.37 2.77 2.27 3.17 2.71 1.89 3.80 May 3.15 1.07 4.15 2.86 1.79 3.77 3.25 1.95 4.11 2.19 0.12 3.53 0.45 - 3.09 2.90 1.31 4.11 June 3.26 1.83 4.28 3.24 2.01 4.18 3.18 1.98 3.92 3.14 1.43 5.97 - - 0.04 3.19 1.84 4.08 July 3.12 1.37 4.35 3.03 1.59 4.96 3.04 2.04 4.76 3.26 0.81 4.79 - - 0.00 3.05 1.45 3.94 August 3.11 1.10 4.11 3.52 2.13 4.27 2.93 1.69 4.06 3.30 2.30 3.82 - - 0.09 3.22 1.32 3.87 September 3.06 1.41 3.98 3.22 1.40 5.11 3.04 1.40 4.25 2.91 1.72 4.00 - - 0.00 3.06 1.71 3.90 October 3.24 1.59 4.02 3.33 1.59 6.62 2.85 1.59 4.65 2.85 2.17 3.63 - - 0.00 2.99 1.63 4.06 November 3.24 2.28 4.02 3.20 2.33 3.71 2.82 2.36 3.41 2.85 2.44 3.30 - - 0.00 3.02 1.60 3.87 December 3.00 0.84 3.85 3.23 1.61 4.28 2.85 1.51 3.40 2.65 1.04 3.26 1.97 - 3.27 3.12 2.04 3.61 Annual Average 3.16 - - 3.11 - - 3.06 - - 2.79 - - 2.28 - - 2.94 - - Minimum 3.00 0.84 - 2.86 1.12 - 2.82 1.40 - 2.06 0.12 - 0.45 1.37 - 2.50 0.18 - Maximum 3.30 - 4.50 3.52 - 6.62 3.40 - 4.76 3.30 - 5.97 2.84 - 3.58 3.22 - 4.11 Prepared by Strand Associates, Inc.® 7 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 97 of 469 DRAFT 6/13/9n23 City of Waterloo, Iowa Nutrient Reduction Study Table 4 Combined Influent Flow Summary 2017 2018 2019 2020 2021 2022 Avg Min Max Avg Min Max Avg Min Max Avg Min Max Avg Min Max Avg Min Max January 15.38 12.58 16.85 11.16 8.01 18.04 16.63 14.29 19.23 13.18 10.80 14.66 11.61 10.80 12.38 10.65 8.78 11.55 February 15.20 12.87 17.21 11.63 8.96 14.30 16.32 14.05 22.12 13.46 12.04 14.62 11.99 9.90 15.14 10.65 8.94 11.36 March 17.04 14.77 19.99 12.33 8.82 14.33 25.50 14.64 34.01 18.86 14.00 24.53 16.83 14.62 19.29 12.79 9.61 18.26 April 18.68 14.99 21.53 14.00 11.60 17.76 21.65 18.07 27.68 16.19 12.43 20.63 13.47 12.04 15.62 14.55 11.75 26.49 May 17.21 12.87 21.08 14.11 11.21 18.31 23.93 19.29 28.65 16.30 11.44 26.65 13.18 11.03 17.36 15.80 12.32 24.25 June 14.23 11.32 16.91 15.46 10.64 19.92 21.77 16.72 29.52 26.46 18.16 35.40 12.74 10.70 15.21 16.02 12.19 27.90 July 12.57 10.52 14.71 14.61 10.92 22.04 17.06 13.00 23.83 20.69 16.16 29.43 11.94 9.18 17.83 15.40 11.45 24.79 August 11.21 8.53 13.07 16.10 11.05 27.73 13.00 10.63 16.11 13.75 11.79 15.13 12.10 7.98 17.00 12.38 9.97 13.65 September 10.42 8.45 11.75 27.61 14.24 33.46 14.25 9.93 23.31 14.52 10.42 24.35 11.61 9.38 15.38 11.11 9.27 12.89 October 11.75 9.37 15.39 28.61 18.64 34.161 20.34 15.22 31.82 13.25 10.77 26.20 11.42 9.55 14.61 10.32 8.75 12.28 November 11.03 8.88 12.15 19.56 16.73 25.48 14.89 13.64 16.31 13.56 11.56 19.87 11.92 10.38 15.68 11.14 9.24 15.88 December 10.13 7.01 11.56 17.26 11.64 27.39 14.44 11.50 16.34 12.06 9.69 13.51 10.68 8.30 12.75 10.76 9.59 12.59 Annual Average 13.74 - - 16.87 - - 18.32 - - 16.02 - - 12.46 - - 12.63 - - Minimum 10.13 7.01 - 11.16 8.01 - 13.00 9.93 - 12.06 9.69 - 10.68 7.98 - 10.32 8.75 - Maximum 18.68 - 21.53 28.61 - 34.16 25.50 - 34.01 26.46 - 35.40 16.83 - 19.29 16.02 - 27.90 Prepared by Strand Associates, Inc.® 8 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 98 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study While the Satellite WWTP influent flow data was relatively consistent in each of the 6 years analyzed, the average annual Easton WWTP influent flow was significantly higher in 2019 than in previous years, with an increase of more than 40 percent from 2017 to 2019. It appears that this increase in flow began in late September 2018. While increased winter flows from precipitation or snow melt are not unusual, the increase that occurred around this time does not appear to subside during dry weather conditions. A portion of the increase in 2018 flow can be attributed to an extreme wet weather event in September 2018 that resulted in major flooding throughout northeastern and east central Iowa. According to National Oceanic and Atmospheric Administration data, the Cedar River at Waterloo crested at 18.96 feet on September 23, 2018, which is nearly 5 feet above flood stage. The City does not currently measure influent flow upstream of influent pumps and, therefore, the maximum influent flow measurement is limited by the pump capacity. However, WWTP staff indicate that there have been no known instances of basement backups resulting from influent sewer surcharging in the past. Minimum and maximum flows at one- and 30-day intervals from January 2017 to December 2022 are presented in Table 5. Prepared by Strand Associates, Inc.® 9 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 99 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Easton Influent' Satellite Influent Combined Treated Influent Influent Flow, MGD Average 12.6 3.0 15.0 Maximum Month (30-Day Maximum) 36.4 3.5 31.8 Minimum Month (30-Day Minimum) 7.0 1.4 9.9 Maximum Day 58.8 6.6 35.42 Minimum Day 5.6 0.0 7.0 'Easton influent flow includes measured flows diverted to the equalization basin. 2Total influent into the Easton WWTP was 58.8 MGD, and 34.4 MGD was diverted to the overflow basin. Table 5 Influent Flow Summary As described earlier, when influent flows exceed the capacity of the Easton WWTP, a portion of the flow can be diverted to the equalization basins. This occurred on 111 days between January 2017 and December 2012, with an average diversion volume of 5.73 MG. Typically, this wastewater would be stored in the equalization basins until the Easton WWTP has adequate treatment capacity, at which time it would be returned to the Easton influent for treatment. In extreme wet weather conditions, the equalization basins may fill and overflow to a ditch that discharges to the Cedar River. As previously discussed, the City currently has a planned project to convey equalization basin overflow to the Satellite activated sludge tanks, effectively increasing storage volume in the near -term. B. Influent BOD5, TSS, and TKN Loadings Tables 6 through 8 summarize the Easton WWTP, Satellite WWTP, and combined influent loadings of BOD5, TSS, and TKN, respectively, from January 2017 to December 2022. The Easton WWTP influent loadings in these tables include the portion of the Easton WWTP influent flow that was diverted to the equalization basins. The combined influent flow excludes the excess flow diverted to the equalization basins. Easton Influent Satellite Influent Combined Influent BOD Loading, lb/day Average 21,900 9,410 30,300 7-Day 50,600 17,800 47,800 30-Day Maximum 47,400 16,000 47,400 Table 6 Influent BOD Loading Summary Prepared by Strand Associates, Inc.® 10 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 100 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Easton Influent Satellite Influent Combined Influent TSS Loading, lb/day Average 23,300 10,900 33,000 7-Day 60,300 20,000 60,300 30-Day Maximum 53,900 17,700 53,900 Table 7 Influent TSS Loading Summary Easton Influent Satellite Influent Combined Influent TKN Loading, lb/day Average 4,460 4,850 8,470 7-Day 11,000 7,300 16,000 30-Day Maximum 10,000 6,500 11,100 Table 8 Influent TKN Loading Summary The City began collecting regular influent TN and TP samples in April 2016. Tables 9 and 10 summarize influent TN and TP loadings. The Easton influent loadings in these tables includes the portion of the Easton influent flow that was diverted to the equalization basins. The TN loadings are very similar to historical TKN loadings, indicating low nitrate/nitrite in the influent. Prepared by Strand Associates, Inc.® 11 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 101 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Table 9 Influent TN Loading Summary Month Easton Influent Satellite Combined Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) January 2017 34 3,606 187 4,766 64 8,372 February 2017 35 3,521 172 4,661 65 8,182 March 2017 33 3,850 213 5,300 65 9,150 April 2017 31 3,922 206 4,943 58 8,865 May 2017 49 6,079 205 5,520 79 11,599 June 2017 49 4,306 202 5,540 86 9,846 July 2017 41 3,241 192 5,125 80 8,366 August 2017 59 4,058 195 5,268 97 9,326 September 2017 57 2,733 188 3,729 94 8,485 October 2017 47 3,360 165 4,387 78 7,747 November 2017 54 3,631 179 4,964 90 8,595 December 2017 57 3,536 209 4,723 97 8,259 January 2018 57 3,971 198 5,016 94 8,986 February 2018 77 5,687 210 5,177 109 10,864 March 2018 55 4,444 201 5,470 92 9,914 April2018 50 4,684 208 5,241 83 9,924 May 2018 40 3,780 207 4,874 73 8,654 June 2018 30 3,118 178 4,838 59 7,956 July 2018 38 3,558 201 4,670 70 8,228 August 2018 33 3,581 172 4,594 60 8,175 September 2018 - - 176 4,674 - - October 2018 15 2,624 168 3,988 33 8,265 November 2018 30 4,101 187 4,871 55 8,972 December 2018 33 4,273 195 5,100 60 9,373 January 2019 34 3,760 181 4,511 60 8,271 February 2019 41 4,583 211 5,212 72 9,795 March 2019 36 3,783 227 4,659 50 8,442 April2019 34 5,527 179 5,279 57 10,806 May 2019 26 4,230 176 4,979 48 9,209 June 2019 29 3,372 198 4,095 41 7,467 July 2019 31 3,095 221 4,626 51 7,722 August 2019 41 3,542 186 3,877 70 7,419 September 2019 41 2,668 210 4,151 61 6,819 October 2019 24 3,345 201 4,566 49 7,911 November2019 31 3,194 237 5,278 68 8,472 December 2019 51 4,864 208 4,713 80 9,578 January 2020 37 3,282 216 4,405 48 7,687 February 2020 35 3,202 231 5,180 74 8,382 March 2020 31 3,957 197 4,660 56 8,616 April 2020 27 3,182 250 2,891 45 6,073 May 2020 33 3,547 215 3,372 56 6,919 June 2020 20 3,618 166 4,021 36 7,639 July 2020 24 3,281 181 5,180 51 8,461 August 2020 37 2,471 156 4,126 57 6,597 Prepared by Strand Associates, Inc.® 12 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 102 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Month Easton Influent Satellite Combined Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) September 2020 36 2,710 173 3,223 41 4,599 October 2020 47 3,764 181 4,271 77 8,035 November 2020 41 3,549 198 4,656 74 8,204 December 2020 40 2,562 204 3,735 76 7,828 January 2021 45 3,409 200 4,718 82 8,127 February 2021 49 3,718 200 4,977 86 8,695 March 2021 30 3,614 209 4,046 48 6,948 April 2021 55 4,821 207 4,719 87 9,540 May 2021 81 8,612 - - 81 8,612 June 2021 74 4,657 - - 44 4,657 July 2021 83 8,220 - - 83 8,220 August 2021 92 7,555 - - 73 7,555 September 2021 78 7,329 - - 78 7,329 October 2021 100 9,485 - - 100 9,485 November 2021 99 9,434 - - 99 9,434 December 2021 71 6,047 235 5,747 101 9,495 January 2022 54 3,636 216 5,234 97 8,871 February 2022 52 3,401 237 5,796 102 9,198 March 2022 55 4,751 223 5,354 87 9,034 April 2022 41 2,544 247 3,969 62 6,514 May 2022 32 3,475 196 5,159 64 8,634 June 2022 35 3,488 166 4,471 63 7,959 July 2022 31 2,098 164 2,904 33 4,168 August 2022 42 2,525 175 4,081 50 6,388 September 2022 69 4,701 187 4,730 100 9,431 October 2022 49 2,423 184 4,506 75 6,929 November 2022 44 2,977 175 4,870 83 7,847 Average 46 4,110 197 4,662 70 8,287 Min Monthly 15 2,098 156 2,891 33 4,168 Max Monthly 100 9,485 250 5,796 109 11,599 Notes: ma/L=milliarams Der liter Conc.=concentration Prepared by Strand Associates, Inc.® 13 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 103 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Table 10 Influent TP Loading Summary Month Easton Influent Satellite Combined Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) January 2017 8 800 21 526 10 1,326 February 2017 10 1,015 22 581 13 1,596 March 2017 9 1,061 23 585 12 1,646 April 2017 6 747 21 510 8 1,258 May 2017 8 902 25 664 11 1,566 June 2017 11 980 23 635 14 1,615 July 2017 11 874 25 665 15 1,539 August 2017 15 1,007 25 690 18 1,698 September 2017 15 944 21 553 17 1,498 October 2017 14 982 21 557 16 1,539 November 2017 13 876 20 565 15 1,441 December 2017 16 1,026 22 479 17 1,505 January 2018 16 1,098 22 550 18 1,649 February 2018 12 908 22 533 14 1,441 March 2018 14 1,096 24 648 16 1,743 April 2018 11 1,056 22 562 13 1,618 May 2018 9 862 23 539 12 1,401 June 2018 7 775 22 595 10 1,371 July 2018 9 832 20 470 11 1,302 August 2018 10 1,145 18 489 12 1,633 September 2018 5 926 18 463 6 1,389 October 2018 3 553 17 408 5 1,200 November 2018 6 798 19 497 8 1,295 December 2018 7 880 19 486 9 1,366 January 2019 9 1,045 17 422 11 1,467 February 2019 9 1,009 19 477 11 1,485 March 2019 6 646 20 417 6 1,064 April 2019 5 858 19 570 8 1,428 May 2019 5 875 19 552 8 1,427 June 2019 6 754 21 445 7 1,199 July 2019 6 584 20 421 7 1,005 August 2019 9 727 22 436 11 1,162 September 2019 13 1,242 22 583 15 1,825 October 2019 6 851 23 509 9 1,360 November 2019 8 866 22 487 11 1,353 December 2019 9 851 25 575 12 1,427 January 2020 7 611 24 484 6 1,095 February 2020 13 1,214 23 528 15 1,742 March 2020 8 950 26 625 10 1,575 April 2020 6 669 18 364 8 1,033 May 2020 10 1,014 21 367 11 1,381 June 2020 4 749 25 611 7 1,360 July 2020 6 816 26 757 10 1,573 August 2020 9 790 34 883 14 1,674 Prepared by Strand Associates, Inc.® 14 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 104 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Month Easton Influent Satellite Combined Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) September 2020 9 656 33 617 9 954 October 2020 16 1,220 41 969 21 2,189 November 2020 8 725 33 775 14 1,500 December 2020 13 860 34 628 17 1,749 January 2021 12 894 40 930 19 1,825 February 2021 12 936 36 914 18 1,850 March 2021 9 1,085 37 717 11 1,632 April 2021 13 1,151 37 838 18 1,989 May 2021 20 2,107 - - 20 2,107 June 2021 16 985 - - 9 985 July 2021 19 1,892 - - 19 1,892 August 2021 18 1,469 - - 14 1,469 September 2021 19 1,815 - - 19 1,815 October 2021 18 1,729 - - 18 1,729 November 2021 22 2,101 - - 22 2,101 December 2021 20 1,573 37 917 23 2,123 January 2022 16 1,049 29 706 19 1,756 February 2022 12 806 31 765 17 1,571 March 2022 13 1,042 32 763 16 1,653 April 2022 10 850 26 561 13 1,411 May 2022 12 1,366 25 662 15 2,028 June 2022 7 707 22 601 10 1,307 July 2022 8 507 19 331 7 838 August 2022 11 683 19 454 11 1,137 September 2022 16 1,093 21 530 17 1,623 October 2022 14 694 23 553 14 1,247 November 2022 15 995 23 651 17 1,646 Average 11 990 24 588 13 1,513 Min Monthly 3 507 17 331 5 838 Max Monthly 22 2,107 41 969 23 2,189 Prepared by Strand Associates, Inc.® 15 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 105 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study In -plant waste loads including filtrate from sludge thickening and dewatering operations, biosolids storage tank decant, tank drains, and digester overflow are combined in the WWTP sewer system. The WWTP sewer flows through a Palmer-Bowlus flume just east of the septage receiving station for flow measurement. WWTP staff indicate that this flume is often surcharged and does not provide reliable flow measurements. Septage is combined with these in -plant return flows downstream of the flume. These flows combine with the Easton influent in a manhole upstream of the Bar Screen Building. Therefore, the flows and loads associated with these in -plant returns are included in the Easton influent flow measurement and samples. City staff conducted special sampling in May and June 2017 that included grab samples of return flows from the GBTs and BFPs as presented in Table 11. Parameter, mg/L GBT Filtrate BFP Filtrate TP 10.3 73.8 PO4-P 6.3 33.3 Ammonia 8.9 685 TKN 38.9 715 Nitrate 13.7 1.1 Nitrite 0.2 <0.1 TSS 308 1,123 VSS 252 756 Alkalinity 218 2,491 Note: VSS=volatile suspended solids PO4-P=phosphate Table 11 Return Flow Sampling Summary —May and June 2017 Estimates of return flow loadings were made based on the 2014 to 2016 sludge flows, percent solids measurements, and estimates of wash water flows at approximately 120 gpm per GBT/BFP. This results in an estimated GBT filtrate and BFP filtrate flows of approximately 0.45 and 0.16 MGD, respectively. Estimated return loadings from these sources are presented in Table 12. Parameter, lb/day GBT Filtrate BFP Filtrate Filtrate Loading Percentage of Easton Influent TP 39 98 15% PO4-P 24 44 - Ammonia 33 914 - TKN 146 954 25% Nitrate 51 1.5 - Nitrite 0.8 <0.1 - TSS 1,160 1,500 10% VSS 950 1,010 - Alkalinity 820 3,320 - Table 12 Return Flow Loading Estimates Prepared by Strand Associates, Inc.® 16 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 106 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study C. Wastewater Treatment Performance As described earlier, secondary effluents from the Satellite and Easton WWTPs are combined and disinfected before discharge to the Cedar River. The City has two permitted outfalls on the Cedar River: a diffuser located in the river that is used under normal conditions and a shoreline outfall that is used when the Cedar River level is high. The permitted effluent concentrations for all parameters except ammonia are identical for these two discharges. In the City's current NPDES permit, the shoreline outfall can be used during high river flows (above 8,500 cfs), resulting in higher ammonia limits both on a monthly average and daily maximum basis. Table 13 summarizes the City's average monthly effluent ammonia nitrogen (NH3-N). Effluent NH3-N during this period averaged 3.54 mg/L. The City was operating two to three of the Easton WWTP activated sludge trains for most of the 6-year period. The City has a TN mass limits of 9,285.5 lb/day on a monthly average basis with a daily maximum limit of 15,199 lb/day. Effluent TN sample results are presented in Table 14. There were no exceedances of the City's maximum day or monthly average TN mass limits in the period evaluated. While the City does not currently have a TP limit, they began monitoring effluent TP once per week in April 2016. Effluent TP data is presented in Table 15. The MLE process currently used at the Easton WWTP was designed for TN removal and successfully removes approximately 48 percent of the influent TN based on the data presented in Tables 9 and 14. The data in Tables 10 and 15 suggest that the WWTP currently removes approximately 37 percent of the influent TP. Because the MLE process does not contain an anaerobic zone necessary for successful biological phosphorus removal (BPR), the demonstrated TP removal is likely attributable to biological uptake for cell growth and the removal of particulate TP. Prepared by Strand Associates, Inc.® 17 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 107 of 469 DRAFT 6/13/9n23 City of Waterloo, Iowa Nutrient Reduction Study Table 13 Effluent NH3-N Conc. (mg/L) 2017 Load (lb/day) 2018 2019 2020 2021 2022 Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) January 35.90 4,368 7.83 688 1.09 37 1.03 6 1.13 37 5.07 384 February 23.33 2,686 27.68 2,573 3.60 373 1.30 37 3.00 257 14.27 1,119 March 3.71 441 12.94 1,265 6.06 1,477 1.32 110 1.68 144 1.06 13 April 4.27 601 9.55 1,099 13.25 2,312 1.02 8 1.38 71 1.05 8 May 2.76 402 4.09 420 2.07 339 <1.00 0 1.31 56 <1.00 0 June 1.08 12 1.04 12 1.03 28 1.29 125 2.93 228 <1.00 0 July 5.35 445 <1.00 0 <1.00 0 1.00 13 1.28 52 <1.00 0 August 4.99 423 1.05 10 1.59 69 1.48 91 1.15 32 <1.00 0 September <1.00 0 <1.00 0 2.87 225 1.03 7 1.67 78 1.12 22 October 1.73 78 <1.00 0 <1.00 0 <1.00 0 <1.00 0 <1.00 0 November <1.00 0 1.01 12 <1.00 0 <1.00 0 1.03 7 1.49 61 December 1.02 5 1.13 41 1.87 111 1.35 70 1.46 65 - - Annual Average 7.18 788 5.78 510 3.04 414 1.15 39 1.59 85 2.52 136 Prepared by Strand Associates, Inc.® 18 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 108 of 469 DRAFT 6/13/9n23 City of Waterloo, Iowa Nutrient Reduction Study Table 14 Effluent TN Conc. (mg/L) 2017 Load (lb/day) Conc. (mg/L) 2018 Load (lb/day) Conc. (mg/L) 2019 Load (lb/day) Conc. (mg/L) 2020 Load (lb/day) Conc. (mg/L) 2021 Load (lb/day) Conc. (mg/L) 2022 Load (lb/day) January 44 5,244 43 3,862 33 4,420 34 2,835 49 4,607 48 4,079 February 35 4,037 32 3,103 36 4,511 41 4,313 51 4,918 42 3,293 March 32 4,272 39 3,882 40 4,952 30 4,278 35 3,782 36 3,363 April 26 3,601 34 3,918 29 5,379 33 4,405 44 4,735 36 2,523 May 30 4,300 40 4,565 31 5,657 27 3,451 53 5,462 36 4,579 June 47 5,227 28 4,091 33 4,319 23 5,253 44 2,502 33 3,896 July 43 4,518 33 2,981 39 4,416 31 5,051 45 4,112 28 2,165 August 57 5,407 53 7,456 42 4,392 42 4,931 51 3,151 45 4,351 September 52 4,750 24 5,387 32 3,679 39 3,690 49 1,839 44 3,726 October 49 4,893 24 6,090 30 4,713 51 5,224 47 4,110 46 3,888 November 48 4,318 33 5,411 41 4,848 45 4,853 46 4,036 46 4,055 December 52 4,130 31 4,920 42 4,895 56 5,535 48 4,136 - - Annual Average 43 4,558 34 4,639 36 4,682 38 4,485 47 3,949 40 3,629 Prepared by Strand Associates, Inc.® 19 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 109 of 469 DRAFT 6/13/9n23 City of Waterloo, Iowa Nutrient Reduction Study Table 15 Effluent TP 2017 2018 2019 2020 2021 I 2022 Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) Conc. (mg/L) Load (lb/day) January 7 784 13 1,191 4 559 6 543 12 1,152 23 1,977 February 11 1,305 7 714 5 616 7 731 12 1,176 12 939 March 7 914 10 947 6 714 6 928 8 882 9 824 April 5 689 9 998 8 1,380 11 1,435 12 1,234 8 816 May 7 1,017 7 758 4 757 6 723 12 1,221 8 1,005 June 10 1,099 7 1,019 5 664 5 1,167 11 605 7 809 July 10 1,089 6 681 5 594 7 1,190 11 960 7 517 August 14 1,296 7 1,119 6 668 11 1,333 11 698 9 861 September 10 881 3 750 19 2,017 10 963 9 352 9 776 October 9 923 3 718 7 1,002 12 1,272 10 843 10 656 November 10 918 5 879 6 751 10 1,128 17 1,488 10 901 December 12 973 5 824 8 913 11 1,083 13 1,111 - - Annual Average 9 991 7 883 7 886 9 1,041 11 977 10 917 Prepared by Strand Associates, Inc.® 20 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 110 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study NUTRIENT REDUCTION GOALS Using the influent TN and TP data collected between January 2017 and December 2022 and adjusting for the nutrient loads from return flows that were included in these samples, the average TN and TP for the combined WWTP influent are approximately 60.5 and 11.7 mg/L, respectively. Based on these influent concentrations, the IDNR's nutrient reduction goals are 20.2-mg/L TN (66 percent removal) and 2.9-mg/L TP (75 percent removal). The City currently has mass limits for TN of 9,285.5 lb/day on a 30-day average basis and 15,199 lb/day on a daily maximum basis. There is no TP limit in the City's current NPDES permit. Based on the effluent target values calculated above, the combined average wet weather (AWW) design flow of 34.8 MGD, the anticipated TN and TP mass limits are approximately 5,850 pounds TN per day and 845 pounds TP per day. EVALUATION OF OPERATIONAL CHANGES TO ENHANCE NUTRIENT REMOVAL As presented earlier, the MLE process currently used at the WWTP results in effluent TN loads between 3,000 and 5,000 lb/day with concentrations of approximately 30 to 40 mg/L. Based on this performance, the City is currently able to achieve the annual TN effluent mass target of 5,850 lb/day but it appears that it would be unable to achieve this target should influent flows increase to the design flows. Furthermore, the WWTP is not currently designed for phosphorus removal, which would require either anaerobic zones in the activated sludge system or significant chemical feed and storage facilities. Potential operational changes to improve BPR performance, such as eliminating the nitrified ML recycle to create an anaerobic zone, would result in loss of TN removal. Because of the high TKN loads to the WWTP, the elimination of the nitrified ML recycle and associated denitrification and alkalinity recovery is also anticipated to result in pH instability and the potential loss of nitrification. The City conducted special sampling in May and June 2017 to further investigate nutrient removal at the WWTP. This sampling indicated that while the WWTP was successfully nitrifying (average effluent ammonia concentration of 1.5 mg/L), denitrification in the anoxic zone was incomplete with an average nitrate nitrogen (NO3-N) concentration leaving the anoxic zone greater than 10 mg/L. The effluent TN during this period was approximately 36 mg/L, similar to the average presented earlier. The incomplete denitrification in the anoxic zone suggests that the anoxic zone is not large enough, there is too much dissolved oxygen in the anoxic zones, or there is insufficient influent BOD to completely denitrify. The anoxic retention time during this period was approximately 1.7 hours, which is within a typical range for anoxic zone sizing for the MLE process. The City does not currently have the ability to control the ML recycle rate and, therefore, operational changes associated with variable recycle rates are not feasible without capital improvements. Modifying the RAS rate or solid retention rate (SRT) is not anticipated to significantly improve TN or TP removal without detrimentally affecting other process performance (nitrification, TSS removal, etc.). Increasing the anoxic zone size by reducing the size of the aerated zone will negatively impact nitrification, which is already challenging during the winter months at current flows and loads. The existing anoxic zone is not large enough to allocate a portion as an anaerobic zone for BPR without further reducing the ability to denitrify. While the City has tankage in the Satellite WWTP that is not currently in use, the facilities to Prepared by Strand Associates, Inc.® 21 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 111 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study convey influent from the Easton collection system to the Satellite activated sludge system are not in place. Operating the Satellite WWTP treating only the Satellite influent will exacerbate existing carbon deficiencies for nutrient removal (within the Easton WWTP) in addition to introducing other operational challenges. Therefore, operational changes alone are not feasible to significantly reduce the TN and TP loads in the effluent without negative impacts on other treatment process performance. The modifications necessary for successful BNR, as noted above, will require significant capital improvements as discussed later in this report. WASTELOAD AND FLOW FORECASTS To evaluate processes and technologies to enhance existing nutrient reduction capabilities, wasteload and flow forecasts were completed for the City's WWTP service area. For the purposes of this study, it is anticipated that the overall area served by the City's WWTP will remain the same through the 20-year planning period. A. Population Trends According to the 2020 census, the City had 67,314 residents, 28,912 total households, and an average household size of 2.31 persons. Compared to the 2010 census City population of 68,406, this equates to a 10-year population decrease of approximately 0.15 percent. Population projections for the City obtained from the Black Hawk County Metropolitan Area Transportation Policy Board's 2045 Long Range Transportation Plan are presented in Table 16 below. Year 2020a 2025b City of Waterloo Population 1 67,314 a2020 Census data 2035 2045 69,928 71,178 72,416 Table 16 Current and Projected Populations These projections estimate a 25-year growth of approximately 8 percent, or an annual average growth rate of approximately 0.3 percent over the period. Based on these projections, a 2045 City population of 72,416 is used for projecting future residential wastewater flows and loadings in this Study. B. Projected Wastewater Flows Projecting future wastewater flows requires identification of residential, commercial, and industrial wastewater flow, base flows, peaking factors, and anticipated residential, commercial, and industrial growth in areas tributary to the Easton and Satellite WWTPs. Table 17 shows the projected future design flows for the facility considering the expected growth. Current Easton dry weather flows used in these projections are based on the 2019 dry weather flow data. Future dry weather flow from the Easton collection system was determined by adding additional expected flow from growth at 100 gallons per capita per day (gpcd) to the dry weather Prepared by Strand Associates, Inc.® 22 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 112 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study base flow. The average and wet weather infiltration and inflow (I/1) values were then added to the base flow to determine the annual average, wet weather, and maximum day flows. For the Easton WWTP, the total design I/1 for annual average, maximum day flow, and wet weather flow was estimated using current peaking factors from the 2019 flow data. It is important to note that the maximum month wet weather flow at the Easton WWTP occurring in 2018 was 36.4 MGD. However, this value was found to be unusually high and not representative of typical wet weather values due to intense wet weather and flooding in the area. The 30-day rolling average between January 2017 and December 2022 are presented in Figure 3. The second highest value of 27.8 MGD occurred in 2019, and this value was used to estimate the wet weather flow peaking factor (PF). 1 30 25 0 2 20 A j 1 �41 ° 15 r` 10 5 0 1,- ti ti N- co co co co 0 C rn o 0 0 r r . T T T T r N (.' N L 7 U7 L c Q) 4) U ' C (n 7 Q p CO 7 Q a) ca Q > la a U Q z a co —Easton Influent Maximum Figure 3 Easton Influent Flow November-20 February-21 September-21 December-21 N N L T 2 October-22 M co The design I/1 flows for annual average and maximum day flows for the Satellite WWTP were estimated using current peaking factors from the 2017 flow data. The wet weather design I/1 for the Satellite WWTP used the 2018 maximum month flow because it exceeded the 2017 value. Additional I/1 from growth was estimated using wet weather peaking factors from the 2018 flow data and the projected additional dry weather flow from growth. Prepared by Strand Associates, Inc.° 23 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 113 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study The City is currently implementing collection system improvements related to wet weather flows under a 2017 Consent Decree, including flow monitoring, sewer condition and capacity assessments, a footing drain removal program, a hydraulic model, and the development of a Sanitary Sewer Master Plan. It is anticipated that these improvements will impact future wet weather flows and, therefore, it is recommended an evaluation of peak flows to the WWTP using the City's hydraulic model is conducted following the completion of these collection system improvements. The need for future peak flow improvements at the WWTP should be reevaluated at that time. Using this method, the projected design average flow for the Easton WWTP is 16.61 MGD, which is less than the current design average flow of 20.4 MGD. The projected design average flow of the Satellite WWTP is 3.49 MGD, which is less than the current design average flow of 6.7 MGD. The need for future peak flow improvements at the WWTP should be reevaluated at that time. Easton Flow (MGD) Satellite Flow (MGD) Combined Flow (MGD) Current Dry Weather Flow 9.58a 2.87b 12.45 Projected Residential Growthc 0.51 - 0.51 Planned Industrial Growthi - - - Projected Dry Weather Flow 10.09 2.87 12.96 Design I/Ik Annual Average 6.52d 0.299 6.81 Wet Weather 19.22e 0.68h 19.90 Maximum Day 51.89 f 3.75i 55.64 Peak Hourly' 58.40 3.65 62.10 Projected Flows Annual Average 16.61 3.16 19.77 Average Wet Weather 29.31 3.55 32.86 Maximum Day 61.97 6.62 68.59 Peak Hourly 68.49 6.52 75.01 a2019 Easton influent flow used as baseline b2017 Satellite influent flow used as baseline 'Additional residential flow of 5,102 persons at 100 gpcd. dPF=1.65 x Dry Weather Flow (based on 2019 Easton flow data) ePF=3.80 x Dry Weather Flow (based on 2019 Easton flow data) fPF=6.14 x Dry Weather Flow (based on 2019 Easton flow data) 9PF=1.10 x Dry Weather Flow (based on 2019 Easton flow data) hPF=1.24 x Dry Weather Flow (based on 2017 Satellite flow data) 'PF=2.31 x Dry Weather Flow (based on 2017 Satellite flow data) 'The City has not identified any specific planned industrial growth. 'Existing I/1 + I/I from growth 'Based on analysis from the 2018 Nutrient Reduction Study. Table 17 Projected 2045 Flows Prepared by Strand Associates, Inc.® 24 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 114 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study C. Projected Wasteloads Future loads to the Easton WWTP were projected by using the populations presented earlier and per capita values of 0.22 pounds per capita day (pcd) for BOD5, 0.22 pcd for TSS, 0.041 pcd for TKN, and 0.011 for TP, as well as the planned industrial growth. The current average BOD5, TSS, and TKN loadings are based on the January 2017 to December 2022 average. Table 18 presents the estimated future loads for BOD5, TSS, TKN, and TP. TP (lb/day) 1,510 BOD5 (lb/day) TSS (lb/day) TKN 1 (lb/day) Current Averagea 30,100 32,900 8,390 Projected Residential Growth 1,100b 1,100b 210d 60e Planned Industrial Growthf - - - - Projected Average 31,200 34,000 8,600 1,570 a2017 to 2022 data as baseline bAdditional load at 0.22 pcd cAdditional load at 0.22 pcd dAdditional load at 0.041 pcd eAdditional load at 0.011 pcd fThe City has not identified any specific planned industrial growth. Table 18 Projected Future Loads —Combined Influent Projected maximum monthly influent loadings are estimated by using a peaking factor of 1.5 for BOD5, 1.6 for TSS, 1.3 for TKN, and 1.4 for TP. The peaking factors for BOD5, TSS, and TKN were determined by dividing the highest 30-day average loading by the annual average loading from January 2017 to December 2022. The maximum monthly loadings are shown in Table 19. Projected Average Load Peaking Factor BOD5 (lb/day) 31,200 1.5 TKN TSS (lb/day) (lb/day) 34,000 1.6 8,600 1.3 TP (lb/day) 1,570 1.4 AWW Load 46,200 54,300 11,180 2,270 Table 19 Estimated Maximum Month Loads Table 20 summarizes the projected year 2045 flows and loadings and compares to the full permitted design flows and loadings. Existing capacity greater than the 2045 flow and loadings projection is held as reserve capacity for unforeseen growth. Prepared by Strand Associates, Inc.® 25 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 115 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Table 2040 Projection 2045 Projection Full Permitted Design Annual Average Flow 18.9 19.8 27.1 Average Wet Weather Flow (Maximum Month) 34.8 32.9 34.8 Maximum Wet Weather Flow (Maximum Day) 72.6 68.6 79.1a Peak Hourly Wet Weather Flow 76.8 75.0 79.1a Annual Average BOD5(Ib/day) 32,700 31,200 62,800 Maximum Month BOD5 (lb/day) 42,500 46,200 88,000 Annual Average TSS (lb/day) 38,600 34,000 56,300 Maximum Month TSS (lb/day) 57,900 54,300 83,000 Annual Average TKN (lb/day) 9,990 8,600 11,525 Maximum Month TKN (Ib/day) 12,000 11,180 21,050 Annual Average TP (Ib/day) 1,590 1,570 2,490b Maximum Month TP (lb/day) 1,900 2,770 2,980c aMaximum day and peak hour flow of Easton headworks facility=68 MGD. Maximum day and peak hour flow of Satellite=11.1 MGD. bAdditional TP load for 8.17 MGD reserve capacity at 100 gpcd and 0.011 pcd TP. °Annual Average TP x 1.2 Peaking Factor 20 Design Flows and Loads EVALUATION OF TREATMENT TECHNOLOGIES TO MEET NUTRIENT REDUCTION GOALS As previously discussed, operational changes alone will not be sufficient to achieve a significant increase in nutrient reduction and a major capital upgrade will be required to achieve the target reductions in TN and TP. Modifications to the existing activated sludge systems for TN and TP removal were evaluated in the 2018 Nutrient Reduction Study, including those that treat the dewatering filtrate sidestreams separately from the main treatment process. System performance were evaluated using a BioWin model and the results of this modeling were presented for each alternative. A copy of the 2018 Nutrient Reduction Study is included in Appendix B. This study included the following alternatives: ■ Alternative Biological Nutrient Removal (BNR)1 a —Anaerobic -anoxic -aerobic (A20) with BOD diversion from lagoon ■ Alternative BNR1 b—A20 with VFA addition at WWTP ■ Alternative BNR1c—A20 with Struvite Harvesting; BOD diversion from lagoon ■ Alternative BNR1d—A20 with Struvite Harvesting; VFA addition at WWTP ■ Alternative BNR1e—A20 with Struvite Harvesting and primary sludge (PRS) fermentation; BOD diversion from lagoon ■ Alternative BNR1f—A20 with Struvite Harvesting and PRS fermentation; VFA addition at WWTP ■ Alternative BNR2—MLE with Chemical Phosphorus Removal (CPR) ■ Alternative BNR3—MLE with Sidestream Enhanced BPR The evaluation of the 2045 flows and loadings showed that the projections are consistent with the 2040 flow and load projections shown in the 2018 Nutrient Reduction Study. Therefore, this Study will rely on the results and findings of the 2018 Nutrient Reduction Study. For a detailed description Prepared by Strand Associates, Inc.® 26 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 116 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study of the alternatives and modeling summaries, refer to Appendix B. It is noted that other technologies could be considered, but the 2018 study is still representative of the state-of-the-art for BNR technologies because that report evaluated technologies that were very new and innovative at the time. A. Monetary Comparison Table 21 summarizes the 20-year present worth analysis for each of the BNR alternatives. Additional detail on the present worth analysis is provided in Appendix B. Note that costs are presented in second quarter 2023 values and were updated from the 2018 Nutrient Reduction Study by assuming a construction cost index (CCI) of 13,176 compared to a first quarter of 2018 CCI of 10,909. Due to uncertainty in modeling results, the quantity of phosphorus removal chemical (PRC) or volatile fatty acid (VFA) that would be required to meet the TP target with Alternative BNR3 if any, is unknown. Therefore, operational and maintenance (O&M) costs associated with Alternative BNR3 are estimated as ranges, with the maximum values assuming chemical addition equal to those of Alternative BNR2. For the alternatives that include the diversion of BOD from the anaerobic lagoon to the WWTP, it is assumed that at a minimum, a screening facility would be required on the Satellite influent, and, therefore, the present worth cost of Satellite screening facility is included with these alternatives. Additionally, these alternatives include the lost revenue from the biogas that would have been generated at the lagoon if this BOD was not diverted, estimated in the range of $0 to $20 per million British Thermal Units (MMBTU), depending on the end -use of the lagoon biogas. B. Nonmonetary Comparison Nonmonetary considerations for each alternative were evaluated and are summarized in Table 22. Prepared by Strand Associates, Inc.® 27 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 117 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Table 21 BNR Present Worth Analysis Summary Alternative BNR1a A2O Process with BOD diversion from lagoon Alternative BNR1b A2O Process with VFA addition at WWTP Alternative BNR1c A2O Process with struvite harvesting; BOD diversion from lagoon Alternative BNR1d A2O Process with struvite harvesting; VFA addition at WWTP Alternative BNR1e A2O Process with struvite harvesting and PRS fermentation; BOD diversion from lagoon Alternative BNR1f A2O Process with struvite harvesting and PRS fermentation; VFA addition at WWTP Alternative BNR2 MLE Process with CPR Alternative BNR3 MLE with Sidestream Enhanced BPR Capital Costs Equipment/Structure Subtotal $9,200,000 $6,500,000 $11,600,000 $6,900,000 $13,500,000 $7,800,000 $4,200,000 $2,800,000 Mechanical $1,840,000 $1,320,000 $2,320,000 $1,390,000 $2,710,000 $1,560,000 $850,000 $990,000 Electrical $2,300,000 $1,600,000 $2,900,000 $1,700,000 $3,400,000 $1,900,000 $1,100,000 $700,000 Heating, ventilation, and air conditioning (HVAC) $920,000 $660,000 $1,160,000 $700,000 $1,350,000 $790,000 $420,000 $290,000 Sitework $920,000 $660,000 $1,160,000 $700,000 $1,350,000 $790,000 $640,000 $420,000 Contractor General Conditions $1,520,000 $1,090,000 $1,920,000 $1,150,000 $2,230,000 $1,290,000 $720,000 $530,000 Contingencies, Legal, and Engineering $8,300,000 $6,000,000 $10,500,000 $6,300,000 $12,300,000 $7,100,000 $4,000,000 $2,900,000 Total Opinion of Capital Costs $25,000,000 $17,890,000 $31,580,000 $18,870,000 $36,840,000 $21,180,000 $11,870,000 $8,610,000 Annual O&M Costs Labor $12,000 $12,000 $24,000 $24,000 $48,000 $48,000 $72,000 $12,000 to $72,000 Power $350,000 $350,000 $362,000 $362,000 $350,000 $350,000 $326,000 $326,000 to $362,000 Chemical $72,000 $2,657,000 $169,000 $906,000 $169,000 $531,000 $797,000 $72,000 to $2657,000 Additional Sludge Disposal Cost $266,000 $266,000 $48,000 $48,000 $48,000 $48,000 $205,000 $48,000 to $266,000 Maintenance and Supplies $24,000 $24,000 $36,000 $36,000 $48,000 $48,000 $24,000 $24,000 to $48,000 Total $725,000 $3,309,000 $640,000 $1,377,000 $664,000 $1,027,000 $1,425,000 $640,000 to $3,309,000 Present Worth of O&M $11,040,000 $50,390,000 $9,750,000 $20,970,000 $10,110,000 $15,630,000 $21,700,000 $9,750,000 to $50,390,000 Summary of Present Worth Costs Capital Cost $25,000,000 $17,890,000 $31,580,000 $18,870,000 $36,840,000 $21,180,000 $11,870,000 $8,610,000 Replacement $530,000 $530,000 $530,000 $530,000 $530,000 $530,000 $530,000 $410,000 O&M Cost $11,040,000 $50,390,000 $9,750,000 $20,970,000 $10,110,000 $15,630,000 $21,700,000 $9,750,000 to $50,390,000 Salvage Value ($1,140,000) ($1,740,000) ($1,280,000) ($1,330,000) ($1,390,000) ($1,110,000) (1,070,000) ($680,000) Satellite Influent Screening $6,610,000 - $6,610,000 - $6,610,000 - - - Lost Biogas Revenue at Lagoon $0-$18,230,000 - $0-$5,210,000 - $0-$2,610,000 - - - TOTAL PRESENT WORTH $42,040,000 to $60,270,000 $67,070,000 $47,190,000 to $52,400,000 $39,040,000 $55,700,000 to $55,310,000 $36,230,000 $33,030,000 $8,870,000 to $27,180,000 Note: All costs in 2nd Quarter 2023 dollars. Prepared by Strand Associates, Inc."' R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docxx\061323 28 Page 118 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Table 22 BNR Nonmonetary Considerations Summary Alternative BNR1a: A20 with BOD diversion from lagoon Benefits • TP and TN removal without chemical addition at WWTP. BNR1b: A20 with VFA addition at WWTP BNR1c: A20 with Struvite Harvesting; BOD diversion from lagoon • TP and TN removal without metal salt addition at WWTP. • Does not impact lagoon operation or lagoon biogas production. • TP and TN removal without chemical addition at WWTP. • Reduction of nuisance struvite formation through harvesting/sequestration. Potential for marketable struvite product. BNR1d: A20 with Struvite Harvesting; VFA addition at WWTP • TP and TN removal without metal salt addition at WWTP. • Does not impact lagoon operation or lagoon biogas production. BNR1e: A20 with Struvite Harvesting and PRS fermentation; BOD diversion from lagoon TP and TN removal without chemical addition at WWTP. Reduction of nuisance struvite formation through harvesting/sequestration. Potential for marketable struvite product. VFA formation at WWTP stabilizes BPR performance under varied influent conditions. BNR1f: A20 with Struvite Harvesting and PRS fermentation; VFA addition at WWTP BNR2: MLE with CPR BNR3: MLE with RAS Fermentation • TP and TN removal without metal salt addition at WWTP. • Does not impact lagoon operation or lagoon biogas production. • Modification to existing process, staff familiar with operation. • CPR more reliable than BPR, especially with varied influent conditions. Limitations • Significant reduction in lagoon biogas. • Potential negative impact on WWTP processes and equipment from undesirable materials in diverted lagoon influent. • Operation of BPR more challenging under varied influent conditions than CPR. • Additional chemical handling at WWTP; increase in truck traffic to site, new equipment to operate and maintain. • Operation of BPR more challenging under varied influent conditions than CPR. • Reduction in lagoon biogas production. • Potential negative impact on WWTP processes and equipment from undesirable materials in diverted lagoon influent. • Operation of BPR more challenging under varied influent conditions than CPR. • Increased complexity with additional process to operate and maintain. • Additional chemical handling at WWTP; increase in truck traffic to site, new equipment to operate and maintain. • Operation of BPR more challenging under varied influent conditions than CPR. • Increased complexity with additional process to operate and maintain. • Reduction in lagoon biogas production. • Potential negative impact on WWTP processes and equipment from undesirable materials in diverted lagoon influent. • Operation of BPR more challenging under varied influent conditions than CPR. ■ PRS Fermentation can be challenging to operate; odor concerns. ■ Increased complexity with two additional processes to operate and maintain. • Additional chemical handling at WWTP; increase in truck traffic to site, new equipment to operate and maintain. • Operation of BPR more challenging under varied influent conditions than CPR. • PRS Fermentation can be challenging to operate; odor concerns. • Increased complexity with additional processes to operate and maintain. • Additional chemical handling at WWTP; increase in truck traffic to site, new equipment to operate and maintain. • Potential for TP and TN removal without chemical addition at WWTP. • Can be tested in existing tankage while using MLE process in remaining tanks. • Struvite harvesting and/or PRS fermentation could be added to improve TP removal if necessary. • Developing process that has not been widely implemented to date. • System performance cannot be predicted using current process modes. Prepared by Strand Associates, Inc.' R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docxx\061323 29 Page 119 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study C. Other Capital Improvements Required for Enhanced Nutrient Removal and WWTP Consolidation In this section, other capital improvements that are recommended if enhanced nutrient removal or increased capacity were to be required are presented. As previously described, the Satellite and Easton WWTPs are currently designed to operate as separate systems, each with their own influent pumps, activated sludge tanks, aeration systems, and final clarifiers. The City currently treats wastewater from both the Satellite and Easton collection systems using only the Easton WWTP activated sludge system because operating the two systems in parallel is inefficient and add significant operational complexity. It is also challenging to bring the Satellite WWTP online intermittently during periods of high flow/load, which would require ML to be manually transferred from the Easton tanks to the Satellite tanks, and for a second and significantly different activated sludge process to be initiated while biological treatment is under stress. For these reasons, it is recommended that the operations of the two facilities be combined into one common WWTP using infrastructure from both WWTPs. The proposed configuration would combine the Easton and Satellite flows before grit removal, and the existing activated sludge systems would be modified to operate as parallel sets of tanks using the same biological treatment process as indicated earlier. However, other capital improvements beyond those identified in the BNR alternatives would be required to consolidate the WWTP operation. This section describes these additional capital improvements that are required to implement the BNR alternatives. 1. Preliminary and Primary Treatment Improvements The Satellite WWTPs influent does not currently undergo preliminary or primary treatment and is discharged either directly to the Satellite activated sludge system or to the Easton activated sludge system (current operation). Because the Satellite activated sludge system is approximately 5 feet higher in elevation than the Easton activated sludge system, gravity flow of a combined influent to the two systems is not possible without hydraulic modifications to the existing primary clarifiers and splitter structure. Improvements to the preliminary and primary treatment facilities to consolidate the WWTPs are as follows: a. Replace Easton and Satellite WWTPs influent pumps. b. Modify Satellite influent pump discharge piping to allow discharge upstream of grit removal, to the primary clarifier splitter box, and to the primary effluent splitter structure. Provide new flow measurement and sampling for Satellite influent. c. Add larger opening with sluice gate between Easton and Satellite WWTPs influent wet wells to allow wet wells to operate as one. d. Modify grit influent channel to reduce grit settling. e. Replace grit collector mechanisms. f. Replace grit pumps and associated piping. Prepared by Strand Associates, Inc.® 30 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 120 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study g. Replace grit classifier with two grit washers. h. Install additional primary influent pipe between grit removal effluent channel and primary clarifier splitter structure to increase hydraulic capacity to 64 MGD. Modify grit effluent piping and equalization basin downward opening weir control in degritter effluent channel. j. Raise the walls and channels of the primary clarifiers and splitter structure approximately 5 feet to increase the water surface elevation in the primary clarifiers by approximately 5 feet. Replace primary clarifier mechanisms and weirs. k. Convert the existing Easton anoxic selector basin into primary effluent splitter structure to split flow between the Satellite and Easton activated sludge systems. Install new piping from splitter structure to Satellite activated sludge system. 2. Replacement of Aeration Blowers and Automation of Air Piping Cross -Connection Air for the activated sludge system is currently provided by eight 800-horsepower (hp) multi -stage centrifugal blowers with nominal capacities of 10,500 standard cubic feet per minute (scfm) each. The City currently operates only one or two of these blowers under normal conditions. During periods of low flow and load, these blowers do not provide the desired turndown, resulting in high dissolved oxygen (DO) concentrations in the ML that is recycled to the anoxic zones. Newer blower technologies, such as high-speed turbo blowers and single -stage centrifugal blowers, are more energy efficient and would provide better turndown than the existing blowers. It is recommended that four of the existing centrifugal blowers are replaced to improve energy efficiency and turndown while providing the oxygen for the simulated maximum month condition. For planning purposes, four 10,000 scfm high-speed turbo blowers are included in the recommended plan. It is also recommended the remaining four multistage centrifugal blowers are maintained to provide the additional air required for the full permitted design loading condition or should the anaerobic lagoon be offline for a period. In addition, new blower controls based on dissolved oxygen are recommended in all activated sludge basins. Automation is also included for the cross -connection between the existing Easton and Satellite aeration systems to allow the two aeration systems to operate as a combined system. 3. Final Clarifier Mechanism Replacement The recommended BNR improvements and WWTP consolidation will allow the City to better use the existing final clarifiers, which is anticipated to improve clarifier performance. However, the Satellite final clarifiers have been out of service for several years and it is anticipated that some work will be required to bring them back into service. Based on this, the recommended near -term improvements include a budgetary cost to replace the existing clarifier mechanisms. Note that City staff are planning to advertise a project to replace one of the Easton final clarifier mechanisms in summer 2023, which was a near -term project identified in the 2018 Nutrient Reduction Study. Prepared by Strand Associates, Inc.® 31 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 121 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study 4. Final Clarifier Cross -Connection and Flow Distribution Improvements As discussed earlier, the Satellite and Easton activated sludge systems are completely separated, not allowing for final clarifiers to be used without using the associated activated sludge system. To improve clarifier capacity following WWTP consolidation, a cross -connection between the two systems upstream of the final clarifiers is recommended to provide the ability to transfer ML from the Satellite WWTP to the Easton WWTP. In addition, modifications to the existing final clarifier flow splitter boxes for both WWTPs are recommended to improve flow distribution and control. These splitter boxes, including the cross -connection piping and downward opening weir gate with ultrasonic flow measurement to control the transfer of ML from the Satellite WWTP to the Easton WWTP, would be extensions of the existing splitter boxes and ML recycle wet wells. 5. New Effluent Flow Metering Structure Currently, secondary effluent from the Satellite and Easton WWTPs are measured separately using Parshall flumes at two different locations on -site. The existing Satellite secondary effluent flume is not adequately sized to measure the portion of the future combined WWTP flow that would be treated using the Satellite activated sludge tanks, requiring modifications to the existing means of effluent flow measurement. While the Easton secondary effluent flume is large enough to measure the portion of the future combined WWTP that would be treated using the Easton activated sludge system, it is not large enough to be used to measure the combined flows from the Easton and Satellite activated sludge systems. Therefore, the construction of a larger Parshall flume to measure the secondary effluent from both the Satellite and Easton activated sludge systems is proposed in the vicinity of the existing Easton effluent flume. IMPLEMENTATION AND BUDGETARY CONSIDERATIONS Because of the emergence of BNR technologies such as the sidestream enhanced biological phosphorus removal (EBPR) (Alternative BNR3) that are anticipated to result in significantly less chemical and energy use compared to CPR, a phased approach would allow further development and optimization of BNR at the WWTP at a lower operating cost than CPR. This approach would also provide flexibility to incorporate CPR in a future phase. In addition, the City has several planned projects to improve facility performance which will require the commitment of significant funds as noted below: 1. WWTP Improvements Not Attributed to Nutrient Removal ■ Mid -Term (2023 to 2028): $1.33 million 2. Collection System Condition and Capacity Related Improvements: • 2023: $21.3 million • 2024 to 2026: $39.30 million • 2027 to 2029: $20.75 million • 2030 to 2032: $30.89 million Prepared by Strand Associates, Inc.® 32 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 122 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Because of the significant capital funds already planned toward improving facility performance, a phased approach is appropriate to reduce the financial burden on the City's rate payers in the near future. A. Short -Term Improvements —Demonstrate and Optimize BNR Based on the capital and present worth cost evaluation presented in Table 21, Alternative BNR3 is the least costly alternative for enhanced nutrient removal. This process has shown successful BNR for wastewaters that are carbon -limited for conventional BNR processes. The opinion of probable construction costs (OPCC) for the improvements necessary to implement nutrient removal at the WWTP are presented in Table 23. Component OPCC Equipment/Structures Preliminary and Primary Treatment Improvements; Raise Primary Clarifiers $5,070,000 BNR3—MLE with Sidestream Enhanced BPR $2,800,000 Blower Replacement $3,910,000 Final Clarifier Mechanism Replacement $2,050,000 Final Clarifier Cross Connection and Flow Distribution Improvements $1,210,000 Return Flow and Secondary Effluent Metering $520,000 Replace Easton Bar Screens $1,090,000 Piping and Mechanical $5,890,000 Electrical $3,660,000 Sitework $1,050,000 HVAC $540,000 Contractors' General Conditions $2,780,000 Contingencies and Technical Services $15,280,000 TOTAL OPINION OF CAPITAL COSTS $45,850,000 Note: All costs are in second quarter 2023 dollars Table 23 Recommended Near -Term Improvements for Nutrient Removal B. Mid -Term Recommendations —Evaluate Struvite Recovery, Evaluate CPR If Necessary Following BNR optimization, it is recommended that the City evaluate the necessity and potential benefits of adding a process to recover or sequester struvite from the anaerobic digester sludge of filtrate/centrate. While the City does not currently experience nuisance struvite formation within its anaerobic digesters, struvite concerns are apparent in the piping and tanks downstream of the digesters and dewatering. In addition, successful implementation of BPR would increase the phosphorus content of the biosolids and potentially lead to significantly more struvite in the digesters, dewatering operations, and centrate management systems. Further evaluation of the combination of sidestream EBPR and struvite recovery is recommended following implementation of Alternative BNR3. It is anticipated that the construction of a struvite recovery Prepared by Strand Associates, Inc.® 33 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 123 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study or sequestration system would cost approximately $8 million assuming a sludge -based sequestration system and including technical services. CPR should also be evaluated at that time. SEWER BUDGET IMPACT The total OPCC for the near -term improvements is approximately $45.85 million (second Quarter 2023 dollar basis). Projecting this amount to an anticipated second Quarter 2026 bid date and applying a construction inflation rate of 4 percent annually, the anticipated total project costs are approximately $51.8 million. The WWTP improvements are anticipated to be financed through Iowa's State Revolving Fund (SRF) loan program. The SRF program provides 0 percent interest financing for planning and design services for up to 3 years that can be rolled into the SRF construction loan. Construction loans are offered at 1.75 percent interest, typically for 20-year terms. In addition to the 1.75 percent interest loan, an administrative fee of 0.25 percent is added each year to the outstanding principal balance for administering the loan. Also, an additional 0.5 percent of the loan amount (up to $100,000) is included as a loan initiation fee. Assuming a total loan amount of $51.8 million, plus the initiation fee of $100,000, the annual debt service payment is expected to be approximately $3.1 million. Table 24 presents a preliminary budget impact summary of the near -term improvements. A preliminary analysis was conducted to estimate the impact of the near -term improvements on the WWTP budget. Although many components of the identified improvements are more energy efficient that current WWTP operation, particularly the replacement of the activated sludge blowers which can account for more than one-half of the energy of the WWTP, this analysis was conducted assuming there would be no change in annual O&M costs. While the improvements would likely result in overall O&M savings, the assumptions used in this analysis provide a conservative estimate of the impact on the sewer budget. A more detailed analysis of plant operation following the near -term improvements as well as a user charge study would be conducted as part of a facilities planning effort should the City decide to proceed with this major project. OPCC1 Near -Term Improvements $51,810,000 Anticipated Annual Debt Service Payment2 $3,100,000 'Second Quarter 2026 Dollars 220-year loan at 1.75 percent interest, 0.25 percent administration fee, and $100,000 loan initiation fee Table 24 WWTP Budget Impact Summary for Near -Term Improvements The City conducted a preliminary analysis of the impact on sewer rates for the projects described in this report as presented in this next section. Prepared by Strand Associates, Inc.° 34 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 124 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study FINANCIAL INFORMATION Substantial rate increases would be required to implement the projects outlined in the NRS in addition to the projects currently underway that are required by the Consent Decree. Projected rate increases to fund the additional required debt service are outlined in Table 25. Fiscal Year Additional Debt Service Required Annually Rate Increase Required FYE2024 $350,000 8% FYE2025 $900,000 9% FYE2026 $1,900,000 12% FYE2027 $4,700,000 24% FYE2028 $2,100,000 10% FYE2029 $2,400,000 10% Totals $12,350,000 73% FYE=Fiscal Year Ending Table 25 Projected Rate Increases These improvements would require rate increases totaling 73 percent over the 6 years of implementation. The City has a very diverse population. The sewer costs for the largest minority group would exceed 1.5 percent of median household income beginning in 2022 and could exceed it by as much as 29 percent by 2026. The City has large industrial users that would be negatively impacted by these rate increases. If the largest user reduced its water/sewer use by 30 percent, the rate increases applied to all customers outlined above would need to increase by 79 percent to cover the annual debt service payments. That would cause the sewer cost for all population groups to exceed 1.5 percent of median household income by FYE 2026. Table Fiscal Year Additional Debt Service Required Annually Rate Increase Required 1 FYE2024 $350,000 _ 10% FYE2025 $900,000 10% FYE2026 $1,900,000 15% FYE2027 $4,700,000 24% FYE2028 $2,100,000 10% FYE2029 $2,400,000 10% Totals $12,350,000 79% 26 Projected Rate Increases with Reduced Industrial Use Prepared by Strand Associates, Inc.® 35 R:\MAD\Documents\Reports\Active\Waterloo, IA\Nutrient Reduction Study.4463.017.SKH.Apr\Report\Report.docx\061323 Page 125 of 469 DRAFT 6/13/2023 APPENDIX A NPDES PERMIT Page 126 of 469 DRAFT 6/13/2023 IOWA DEPARTMENT OF NATURAL RESOURCES National Pollutant Discharge Elimination System (NPDES) Permit OWNER NAME & ADDRESS CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 IOWA NPDES PERMIT NUMBER: 0790001 DATE OF ISSUANCE: 06/01/2021 DATE OF EXPIRATION: 05/31/2026 FACILITY NAME & ADDRESS WATERLOO CITY OF STP 3505 EASTON AVENUE WATERLOO, IA 50702 Section 31, T89N, R12W Black Hawk County YOU ARE REQUIRED TO FILE FOR RENEWAL OF THIS PERMIT BY: 12/02/2025 EPA NUMBER: IA0042650 This permit is issued pursuant to the authority of section 402(b) of the Clean Water Act (33 U.S.C. 1342(b)), Iowa Code section 455B.174, and rule 567-64.3, Iowa Administrative Code. You are authorized to operate the disposal system and to discharge the pollutants specified in this permit in accordance with the effluent limitations, monitoring requirements and other terms set forth in this permit. You may appeal any condition of this permit by filing a written notice of appeal and request for administrative hearing with the director of the department within 30 days of permit issuance. Any existing, unexpired Iowa operation permit or Iowa NPDES permit previously issued by the department for the facility identified above is revoked by the issuance of this permit. This provision does not apply to any authorization to discharge under the terms and conditions of a general permit issued by the department or to any permit issued exclusively for the discharge of stormwater. FOR THE DEPARTMENT OF NATURAL RESOURCES Digitally signed by Ben By Ben Hucka- 2021.05.18 07:32:01 -05'00' Ben Hucka NPDES Section, Environmental Services Division Page 127 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Outfall No.: 001 EASTON AVENUE ACTIVATED SLUDGE WASTEWATER TREATMENT FACILITY. DRAFT 6/13/2023 Receiving Stream: CEDAR RIVER Route of Flow: CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Outfall No.: 004 BYPASS AT THE HACKETT ROAD LIFT STATION. Receiving Stream: Route of Flow: UNNAMED CREEK UNNAMED CREEK TO CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Outfall No.: 008 SATELLITE ACTIVATED SLUDGE WASTEWATER TREATMENT FACILITY. Receiving Stream: CEDAR RIVER Route of Flow: CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Page 2 Page 128 of 469 Facility Name: WATERLOO CITY OF STP D RAFT 6/13/2023 Permit Number: 0790001 Outfall No.: 009 BYPASS AT SHORELINE OVERFLOW WHEN STREAM FLOW IS LESS THAN 8500 CFS (USGS GAGE 05464000) Receiving Stream: CEDAR RIVER Route of Flow: CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Outfall No.: 010 BYPASS AT EQUALIZATION BASIN OVERFLOW Receiving Stream: CEDAR RIVER Route of Flow: DRAINAGE DITCH TO CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Outfall No.: 011 TOTAL TREATMENT FACILITY SHORELINE DISCHARGE- STREAM FLOW IS GREATER THAN OR EQUAL TO 8500 CFS (USGS GAGE 05464000) Receiving Stream: CEDAR RIVER Route of Flow: CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Page 3 Page 129 of 469 Facility Name: WATERLOO CITY OF STP D RAFT 6/13/2023 Permit Number: 0790001 Outfall No.: 012 BYPASS AT SERGEANT RD AND FLETCHER AVE Receiving Stream: BLACK HAWK CREEK Route of Flow: BLACK HAWK CREEK Class A3 waters are children's recreational use waters in which recreational uses by children are common. Class A3 waters are water bodies having definite banks and bed with visible evidence of flow or occurrence of water. This type of use would primarily occur in urban or residential areas. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Outfall No.: 801 TOTAL TREATMENT FACILITY DIFFUSER DISCHARGE. Receiving Stream: CEDAR RIVER Route of Flow: CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Bypasses from any portion of a treatment facility or from a sanitary sewer collection system designed to carry only sewage are prohibited. Page 4 Page 130 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Effluent Limitations: You are prohibited from discharging pollutants except in compliance with the following effluent limitations: 001 EASTON AVENUE ACTIVATED SLUDGE WASTEWATER TREATMENT FACILITY. Outfall: 001 Effective Dates: 06/01/2021 to 05/31/2026 Parameter Season Limit Type Limits CBOD5 Yearly 7 Day Average 40 MG/L Yearly 30 Day Average 25 MG/L TOTAL SUSPENDED SOLIDS Yearly 7 Day Average 45 MG/L Yearly 30 Day Average 30 MG/L 008 SATELLITE ACTIVATED SLUDGE WASTEWATER TREATMENT FACILITY. Outfall: 008 Effective Dates: 06/01/2021 to 05/31/2026 Parameter Season Limit Type Limits CBOD5 Yearly 7 Day Average 40 MG/L Yearly 30 Day Average 25 MG/L TOTAL SUSPENDED SOLIDS Yearly 7 Day Average 45 MG/L Yearly 30 Day Average 30 MG/L DRAFT 6/13/2023 Page 5 Page 131 of 469 Facility Name: WATERLOO CITY OF STP D RAFT 6/13/2023 Permit Number: 0790001 011 TOTAL TREATMENT FACILITY SHORELINE DISCHARGE- STREAM FLOW IS GREATER THAN OR EQUAL TO 8500 CFS (USGS GAGE 05464000) Outfall: 011 Effective Dates: 06/01/2021 to 05/31/2026 Parameter Season Limit Type Limits CBODS 85% Removal Required Yearly 7 Day Average 11609 LBS/DAY Yearly 30 Day Average 7256 LBS/DAY TOTAL SUSPENDED SOLIDS 85% Removal Required Yearly 7 Day Average 13060 LBS/DAY Yearly 30 Day Average 8707 LBS/DAY NITROGEN, TOTAL (AS N) Yearly 30 Day Average 9285.5 LBS/DAY Yearly Daily Maximum 15199.0 LBS/DAY PH Yearly Daily Maximum 9.0 STD UNITS Yearly Daily Minimum 6.0 STD UNITS E. COLI MAR Geometric Mean 126 #/100 ML APR Geometric Mean 126 #/100 ML MAY Geometric Mean 126 #/100 ML JUN Geometric Mean 126 #/100 ML JUL Geometric Mean 126 #/100 ML AUG Geometric Mean 126 #/100 ML SEP Geometric Mean 126 #/100 ML OCT Geometric Mean 126 #/100 ML NOV Geometric Mean 126 #/100 ML ACUTE TOXICITY, CERIODAPHNIA Yearly Daily Maximum 1 NO TOXICITY ACUTE TOXICITY, PIMEPHALES Yearly Daily Maximum 1 NO TOXICITY Page 6 Page 132 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Outfall: 011 Effective Dates: 06/01/2021 to 05/31/2026 Parameter Season Limit Type Limits AMMONIA NITROGEN (N) JAN 30 Day Average 69.4 MG/L 12696 LBS/DAY JAN Daily Maximum 69.4 MG/L 12696 LBS/DAY FEB 30 Day Average 78.4 MG/L 13832 LBS/DAY FEB Daily Maximum 78.4 MG/L 13832 LBS/DAY MAR 30 Day Average 68.0 MG/L 12392 LBS/DAY MAR Daily Maximum 68.0 MG/L 12392 LBS/DAY APR 30 Day Average 53.9 MG/L 10546 LBS/DAY APR Daily Maximum 53.9 MG/L 10546 LBS/DAY MAY 30 Day Average 60.5 MG/L 11394 LBS/DAY MAY Daily Maximum 60.5 MG/L 11394 LBS/DAY JUN 30 Day Average 59.5 MG/L 10079 LBS/DAY JUN Daily Maximum 59.5 MG/L 11114 LBS/DAY JUL 30 Day Average 64.1 MG/L 11575 LBS/DAY JUL Daily Maximum 64.1 MG/L 12395 LBS/DAY AUG 30 Day Average 62.0 MG/L 10982 LBS/DAY AUG Daily Maximum 62.0 MG/L 11823 LBS/DAY SEP 30 Day Average 55.2 MG/L 10890 LBS/DAY SEP Daily Maximum 55.2 MG/L 10890 LBS/DAY OCT 30 Day Average 54.0 MG/L 10558 LBS/DAY OCT Daily Maximum 54.0 MG/L 10558 LBS/DAY NOV 30 Day Average 52.5 MG/L 10145 LBS/DAY NOV Daily Maximum 52.5 MG/L 10145 LBS/DAY DEC 30 Day Average 54.3 MG/L 10655 LBS/DAY DEC Daily Maximum 54.3 MG/L 10655 LBS/DAY DRAFT 6/13/2023 Page 7 Page 133 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 801 TOTAL TREATMENT FACILITY DIFFUSER DISCHARGE. Outfall: 801 Effective Dates: 06/01/2021 to 05/31/2026 Parameter Season Limit Type Limits CBOD5 85% Removal Required Yearly 7 Day Average 11609 LBS/DAY Yearly 30 Day Average 7256 LBS/DAY TOTAL SUSPENDED SOLIDS 85% Removal Required Yearly 7 Day Average 13060 LBS/DAY Yearly 30 Day Average 8707 LBS/DAY NITROGEN, TOTAL (AS N) Yearly 30 Day Average 9285.5 LBS/DAY Yearly Daily Maximum 15199.0 LBS/DAY PH Yearly Daily Maximum 9.0 STD UNITS Yearly Daily Minimum 6.0 STD UNITS E. COLI MAR Geometric Mean 126 #/100 ML APR Geometric Mean 126 #/100 ML MAY Geometric Mean 126 #/100 ML JUN Geometric Mean 126 #/100 ML JUL Geometric Mean 126 #/100 ML AUG Geometric Mean 126 #/100 ML SEP Geometric Mean 126 #/100 ML OCT Geometric Mean 126 #/100 ML NOV Geometric Mean 126 #/100 ML ACUTE TOXICITY, CERIODAPHNIA Yearly Daily Maximum 1 NO TOXICITY ACUTE TOXICITY, PIMEPHALES Yearly Daily Maximum 1 NO TOXICITY DRAFT 6/13/2023 Page 8 Page 134 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Outfall: 801 Effective Dates: 06/01/2021 to 05/31/2026 Parameter Season Limit Type Limits AMMONIA NITROGEN (N) JAN 30 Day Average 55.9 MG/L 9364 LBS/DAY JAN Daily Maximum 95.0 MG/L 16561 LBS/DAY FEB 30 Day Average 70.0 MG/L 11372 LBS/DAY FEB Daily Maximum 116.5 MG/L 19558 LBS/DAY MAR 30 Day Average 30.7 MG/L 4998.7 LBS/DAY MAR Daily Maximum 108.5 MG/L 21421 LBS/DAY APR 30 Day Average 21.5 MG/L 3519.0 LBS/DAY APR Daily Maximum 79.8 MG/L 14363.0 LBS/DAY MAY 30 Day Average 18.0 MG/L 2962.7 LBS/DAY MAY Daily Maximum 79.1 MG/L 14162.8 LBS/DAY JUN 30 Day Average 11.6 MG/L 1931.6 LBS/DAY JUN Daily Maximum 78.1 MG/L 13877.8 LBS/DAY JUL 30 Day Average 14.2 MG/L 2283.2 LBS/DAY JUL Daily Maximum 87.4 MG/L 25229 LBS/DAY AUG 30 Day Average 13.0 MG/L 2082.2 LBS/DAY AUG Daily Maximum 74.1 MG/L 13652.6 LBS/DAY SEP 30 Day Average 13.4 MG/L 2221.8 LBS/DAY SEP Daily Maximum 94.6 MG/L 16916 LBS/DAY OCT 30 Day Average 30.8 MG/L 5020.2 LBS/DAY OCT Daily Maximum 93.5 MG/L 16990 LBS/DAY NOV 30 Day Average 38.7 MG/L 6282.3 LBS/DAY NOV Daily Maximum 78.4 MG/L 13970.8 LBS/DAY DEC 30 Day Average 45.8 MG/L 8998 LBS/DAY DEC Daily Maximum 72.7 MG/L 13467 LBS/DAY DRAFT 6/13/2023 Page 9 Page 135 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Non -Standard Effluent Limits DRAFT 6/13/2023 Outfall Limits Effective During Blending Mode of Operation 011 and 801 Parameter Season Limit Type Limits BIOCHEMICAL OXYGEN DEMAND (BOD5) Yearly 7 Day Average 45 MG/L 13060 LBS/DAY Yearly 30 Day Average 30 MG/L 8707 LBS/DAY Monitoring and Reporting Requirements (a) Samples and measurements taken shall be representative of the volume and nature of the monitored wastewater. (b) Analytical and sampling methods specified in 40 CFR Part 136 or other methods approved in writing by the department shall be utilized. All effluent samples for which a limit applies must be analyzed using sufficiently sensitive methods (i.e. testing procedures) approved under 567 IAC Chapter 63 and 40 CFR Part 136 for the analysis of pollutants or pollutant parameters or as required under 40 CFR chapter I, subchapter N or O. For the purposes of this paragraph, an approved method is sufficiently sensitive when: (1) the method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) the method has the lowest ML of the approved analytical methods for the measured pollutant or pollutant parameter. Samples collected for operational testing need not be analyzed by approved analytical methods; however, commonly accepted test methods should be used. (c) You are required to report all data including calculated results needed to determine compliance with the limitations contained in this permit. The results of any monitoring not specified in this permit performed at the compliance monitoring point and analyzed according to 40 CFR Part 136 shall be included in the calculation and reporting of any data submitted in accordance with this permit. This includes daily maximums and minimums, 30-day averages and 7-day averages for all parameters that have concentration (mg/1) and mass (lbs/day) limits. In addition, flow data shall be reported in million gallons per day (MGD). (d) Records of monitoring activities and results shall include for all samples: the date, exact place and time of the sampling; the dates the analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. (e) Results of all monitoring shall be recorded on forms provided by, or approved by, the department, and shall be submitted to the appropriate regional field office of the depaitiiient by the fifteenth day following the close of the reporting period. Your reporting period is on a MONTHLY basis, ending on the last day of each reporting period. (f) Operational performance monitoring for treatment unit process control shall be conducted to ensure that the facility is properly operated in accordance with its design. The results of any operational performance monitoring need not be reported to the department, but shall be maintained in accordance with rule 567 IAC 63.2 (455B). The results of any operational performance monitoring specified in this permit shall be submitted to the department in accordance with these reporting requirements. (g) Chapter 63 of the rules provides you with further explanation of your monitoring requirements. Page 10 Page 136 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Outfall Wastewater Parameter Sample Frequency Sample Type DRAFT 6/13/2023 Monitoring Location The following monitoring requirements shall be in effect from 06/01/2021 to 05 /31/2026 001 001 001 001 001 001 001 001 001 001 008 008 008 008 008 008 008 TEMPERATURE 008 008 008 008 BIOCHEMICAL OXYGEN DEMAND (BOD5) FLOW NITROGEN, TOTAL (AS N) NITROGEN, TOTAL KJELDAHL (AS N) PH PHOSPHORUS, TOTAL (AS P) TEMPERATURE TOTAL SUSPENDED SOLIDS CBOD5 TOTAL SUSPENDED SOLIDS BIOCHEMICAL OXYGEN DEMAND (BOD5) FLOW NITROGEN, TOTAL (AS N) NITROGEN, TOTAL KJELDAHL (AS N) PH PHOSPHORUS, TOTAL (AS P) TOTAL SUSPENDED SOLIDS FLOW CBOD5 TOTAL SUSPENDED SOLIDS 7/WEEK OR DAILY 24 HOUR COMPOSITE 7/WEEK OR DAILY 24 HOUR TOTAL 1 TIME PER WEEK 24 HOUR COMPOSITE 1 TIME PER WEEK 24 HOUR COMPOSITE 7/WEEK OR DAILY GRAB 1 TIME PER WEEK 7/WEEK OR DAILY 24 HOUR COMPOSITE GRAB 7/WEEK OR DAILY 24 HOUR COMPOSITE 7/WEEK OR DAILY 24 HOUR COMPOSITE 7/WEEK OR DAILY 7/WEEK OR DAILY 24 HOUR COMPOSITE 24 HOUR COMPOSITE 7/WEEK OR DAILY 24 HOUR TOTAL 1 TIME PER WEEK 24 HOUR COMPOSITE 1 TIME PER WEEK 24 HOUR COMPOSITE 7/WEEK OR DAILY GRAB 1 TIME PER WEEK 24 HOUR COMPOSITE 7/WEEK OR DAILY GRAB 7/WEEK OR DAILY 24 HOUR COMPOSITE 7/WEEK OR DAILY 24 HOUR TOTAL 7/WEEK OR DAILY 24 HOUR COMPOSITE 7/WEEK OR DAILY 24 HOUR COMPOSITE RAW WASTE RAW WASTE RAW WASTE RAW WASTE RAW WASTE RAW WASTE RAW WASTE RAW WASTE EFFLUENT PRIOR TO DISINFECTION EFFLUENT PRIOR TO DISINFECTION RAW WASTE RAW WASTE RAW WASTE RAW WASTE RAW WASTE RAW WASTE RAW WASTE RAW WASTE BLENDED FLOW EFFLUENT PRIOR TO DISINFECTION EFFLUENT PRIOR TO DISINFECTION Page 11 Page 137 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 DRAFT 6/13/2023 Outfall Wastewater Parameter Sample Frequency Sample Type Monitoring Location The following monitoring requirements shall be in effect from 06/01/2021 to 05/31/2026 011 011 011 011 ACUTE TOXICITY, CERIODAPHNIA ACUTE TOXICITY, PIMEPHALES AMMONIA NITROGEN (N) BIOCHEMICAL OXYGEN DEMAND (BOD5) 1 EVERY 12 MONTHS 1 EVERY 12 MONTHS 7/WEEK OR DAILY 7/WEEK OR DAILY 011 CBODS 7/WEEK OR DAILY 011 011 011 011 011 011 011 E. COLI FLOW NITROGEN, TOTAL (AS N) PH PHOSPHORUS, TOTAL (AS P) TEMPERATURE TOTAL SUSPENDED SOLIDS GEO. MEAN 1/3 MONTHS 7/WEEK OR DAILY 1 TIME PER WEEK 7/WEEK OR DAILY 1 TIME PER WEEK 7/WEEK OR DAILY 7/WEEK OR DAILY 24 HOUR COMPOSITE 24 HOUR COMPOSITE 24 HOUR COMPOSITE 24 HOUR COMPOSITE EFFLUENT AFTER DISINFECTION ,EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION 24 HOUR COMPOSITE EFFLUENT AFTER DISINFECTION GRAB 24 HOUR TOTAL 24 HOUR COMPOSITE GRAB 24 HOUR COMPOSITE GRAB 24 HOUR COMPOSITE EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION 'EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION Page 12 Page 138 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 DRAFT 6/13/2023 Outfall Wastewater Parameter Sample Frequency Sample Type Monitoring Location The following monitoring requirements shall be in effect from 06/01/2021 to 05/31/2026 801 801 801 801 801 801 STREAM FLOW FLOW FLOW FLOW BIOCHEMICAL OXYGEN DEMAND (BODS) FLOW 801 NITROGEN, TOTAL (AS N) 801 801 801 801 801 801 801 801 801 801 801 801 801 801 801 801 801 801 NITROGEN, TOTAL KJELDAHL (AS N) PHOSPHORUS, TOTAL (AS P) TOTAL SUSPENDED SOLIDS ACUTE TOXICITY, CERIODAPHNIA ACUTE TOXICITY, PIMEPHALES AMMONIA NITROGEN (N) BATHYMETRIC REPORT BIOCHEMICAL OXYGEN DEMAND (BODS) CBOD5 DIFFUSER VALIDATION REPORT E. COLI FLOW NITROGEN, TOTAL (AS N) PH PHOSPHORUS, TOTAL (AS P) TEMPERATURE TOTAL SUSPENDED SOLIDS VISUAL OBSERVATION 7/WEEK OR DAILY 7/WEEK OR DAILY MEASUREMENT 24 HOUR TOTAL 7/WEEK OR DAILY 24 HOUR TOTAL r - 7/WEEK OR DAILY 24 HOUR TOTAL 7/WEEK OR DAILY 7/WEEK OR DAILY 1 TIME PER WEEK 1 TIME PER WEEK 1 TIME PER WEEK 7/WEEK OR DAILY 1 EVERY 12 MONTHS 1 EVERY 12 MONTHS 7/WEEK OR DAILY 1 EVERY 12 MONTHS 7/WEEK OR DAILY 7/WEEK OR DAILY 1 EVERY 12 MONTHS GEO. MEAN 1/3 MONTHS 7/WEEK OR DAILY 1 TIME PER WEEK 7/WEEK OR DAILY 1 TIME PER WEEK 7/WEEK OR DAILY 7/WEEK OR DAILY 1 EVERY MONTH CALCULATED CALCULATED CALCULATED CALCULATED CALCULATED CALCULATED 24 HOUR COMPOSITE 24 HOUR COMPOSITE 24 HOUR COMPOSITE MEASUREMENT 24 HOUR COMPOSITE 24 HOUR COMPOSITE VISUAL GRAB 24 HOUR TOTAL CEDAR RIVER AT USGS STREAM GAGE 05464000 FLOW EQUALIZATION BASIN OVERFLOW TO SATELLITE PLANT SPLIT FLOW EFFLUENT FLOW EQUALIZATION BASIN RETURN RAW WASTE TOTAL RAW WASTE FLOW RAW WASTE RAW WASTE RAW WASTE RAW WASTE EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION INSTREAM EFFLUENT DIFFUSER EFFLUENT AFTER DISINFECTION 24 HOUR COMPOSITE GRAB 24 HOUR COMPOSITE GRAB 24 HOUR COMPOSITE VISUAL EFFLUENT AFTER DISINFECTION INSTREAM EFFLUENT DIFFUSER EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION INSTREAM EFFLUENT DIFFUSER Page 13 Page 139 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Special Monitoring Requirements DRAFT 6/13/2023 Outfall # Description 008 FLOW Flow shall be reported if partially treated wastewater from the satellite plant is diverted to the disinfection chamber as outlined on the blending mode of operation page of this permit. If partially treated effluent is not being diverted to the disinfection unit, the facility shall report "not required" on the discharge monitoring report for that day. 011, 801 BIOCHEMICAL OXYGEN DEMAND (BOD5) All BOD5 samples must be seeded at the laboratory prior to analysis when the disinfection equipment is in use. E. COLI The limit for E. coli of 126 org/100 ml specified on the limits pages of this permit for outfall(s) 801 and 011 is a monthly geometric mean. The disinfection season is established in the Iowa Administrative Code, Subparagraph 567 IAC 61.3(3)"a"(1), and is in effect from March 15 to November 15. Any disinfection system (chlorine, UV light, etc.) shall be operated to comply with the limit during the entire disinfection season whenever wastewater is being discharged from outfall(s) 801 and 011. The facility must collect and analyze a minimum of five samples in one calendar month during each 3-month period from March 15 to November 15. The 3-month periods are March — May, June — August, and September — November. The collection of five samples in each 3-month period will result in a minimum of 15 samples being collected during a calendar year. For example, for the first 3-month period, the operator may choose April as the calendar month to collect the 5 individual E. coli samples to determine compliance with the limits. The operator may also choose the months of March or May as well, as long as each of the 5 samples is collected during a single calendar month. The same principle applies to the other two 3-month periods during the disinfection season. The following requirements apply to the individual samples collected in one calendar month: Samples must be spaced over one calendar month. No more than one sample can be collected on any one day. There must be a minimum of two days between each sample. No more than two samples may be collected in a period of seven consecutive days. If the effluent has been disinfected using chlorine, ultraviolet light (UV), or any other process intended to disrupt the biological integrity of the E. coli, the samples shall be analyzed using the Most Probable Number method found in Standard Method 9223B (Colilert® or Colilert-18® made by IDEXX Laboratories, Inc.). If the effluent has not been disinfected the samples may be analyzed using either the MPN method above or EPA Method 1603: Escherichia coli (E. coli) in water by membrane filtration using modified membrane-thermotolerant E. coli agar (modified mTEC) or mColiBlue-24® made by the Hach Company. The geometric mean must be calculated using all valid sample results collected during a month. The geometric mean formula is as follows: Geometric Mean = (Sample one * Sample two * Sample three * Sample four *Sample five...Sample N)^(1/N), which is the Nth root of the result of the multiplication of all of the sample results where N = the number of samples. If a sample result is a less than value, the value reported by the lab without the less than sign should be used in the geometric mean calculation. The geometric mean can be calculated in one of the following ways: Use a scientific calculator that can calculate the powers of numbers. Enter the samples in Microsoft Excel and use the function "GEOMEAN" to perform the calculation. Use the geometric mean calculator on the Iowa DNR webpage at: http://www.iowadnr.gov/Environmental-Protection/Water-Quality/NPDES- Wastewater-Permitting/NPDES-Operator-Information/Bacteria-Sampling Page 14 Page 140 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Outfall # Description 011, 801 NITROGEN, TOTAL (AS N) DRAFT 6/13/2023 Total nitrogen shall be determined by testing for Total Kjeldahl Nitrogen (TKN) and nitrate + nitrite nitrogen and reporting the sum of the TKN and nitrate + nitrite results (reported as N). Nitrate + nitrite can be analyzed together or separately. 801 RAW WASTE FLOW Raw flow shall be calculated as the sum of the 24-hour totals from the Easton Ave facility and the Satellite facility (recirculation flow shall not be included). RAW WASTE: BOD5, TSS, TP, TN, TKN Samples are required at each influent line to determine the mass loadings from each line. The total influent load to the treatment facility shall then be calculated and reported under outfall 801. STREAM FLOW A daily minimum value shall be reported. Page 15 Page 141 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 OVERFLOW TO SATELLITE r - -- OUTFALL AND SAMPLING LOCATIONS FLOW EOLIALIZATION BASIN FED FEED-F..' FEQ EMERGENCY I ERFLOW L_H OUTFALL008 EASTON 001 - FEO RETURN R DIFFUSER 801 OUTFALL001 HIGH RIVER OVERFLOW SATELLITE008 SHORELIN E 0ISCHARG E011 � - SHORELI NE DISCHARGE C09 DRAFT 6/13/2023 Page 16 Page 142 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Blending Mode of Operation The City of Waterloo may operate their wastewater treatment plant in the following mode during peak influent flow conditions only. DRAFT 6/13/2023 Influent flows that exceed the hydraulic capacity of the Easton Avenue plant are diverted to two -flow equalization basins (FEQ) after passing through grit removal. Flows stored in the FEQ basins are returned to the Easton Wet Well once the Easton Avenue plant regains hydraulic capacity. In the event that the Easton Avenue plant has yet to regain hydraulic capacity, the flow from the FEQ will be diverted to the Satellite plant. The flows from the FEQ will be routed through the Satellite plant and returned to the headworks of the Easton Avenue plant via portable pumps. If the biological system at the Easton Avenue Plant could be jeopardized due to excessive flows, the partially treated wastewater from the Satellite plant will be diverted to the disinfection chamber and blended with the final effluent from the Easton plant. Once the Easton Avenue plant regains hydraulic capacity the facility is no longer authorized to blend the FEQ overflow via the Satellite plant. Effluent limits and permit conditions remain in effect during this mode of operation. Page 17 Page 143 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Outfall Number: 011, 801 DRAFT 6/13/2023 Ceriodaphnia and Pimephales Toxicity Effluent Testing 1. For facilities that have not been required to conduct toxicity testing by a previous NPDES permit, the initial annual toxicity test shall be conducted within three (3) months of permit issuance. For facilities that have been required to conduct toxicity testing by a previous NPDES permit, the initial annual toxicity test shall be conducted within twelve months (12) of the last toxicity test. 2. The test organisms that are to be used for acute toxicity testing shall be Ceriodaphnia dubia and Pimephales promelas. The acute toxicity testing procedures used to demonstrate compliance with permit limits shall be those listed in 40 CFR Part 136 and adopted by reference in rule 567 IAC 63.1(1). The method for measuring acute toxicity is specified in USEPA, October 2002, Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition. USEPA, Office of Water, Washington, D.C., EPA 821-R-02-012. 3. The diluted effluent sample must contain a minimum of 11.60 % effluent and no more than 88.40 % of culture water. 4. One valid positive toxicity result will require, at a minimum, quarterly testing for effluent toxicity until three successive tests are determined not to be positive. 5. Two successive valid positive toxicity results or three positive results out of five successive valid effluent toxicity tests will require a toxicity reduction evaluation to be completed to eliminate the toxicity. 6. A non -toxic test result shall be indicated as a "1" on the monthly operation report. A toxic test result shall be indicated as a "2" on the monthly operation report. DNR Form 542-1381 shall also be submitted to the DNR field office along with the monthly operation report. Ceriodaphnia and Pimephales Toxicity Effluent Limits The maximum limit of "1" for the parameters Acute Toxicity, Ceriodaphnia and Acute Toxicity, Pimephales means no positive toxicity results. Definition: "Positive toxicity result" means a statistical difference of mortality rate between the control and the diluted effluent sample. For more information, see USEPA, October 2002, Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition, USEPA, Office of Water, Washington, D.C., EPA 821-R-02-012. A toxicity test performed at the dilution percentage specified in item 3 of this page shall satisfy the monitoring requirements for both outfall 011 and 801 as required on pages 12 and 13 of this permit. Page 18 Page 144 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Design Capacity Design: Easton Avenue WPCF The design capacity for the treatment works is specified in Construction Permit Number 98-361-S, issued August 21, 1998. The treatment plant is designed to treat: * An average dry weather (ADW) flow of 12.7 Million Gallons Per Day (MGD). * An average wet weather (AWW) flow of 26.7 Million Gallons Per Day (MGD). * A maximum wet weather (MWW) flow of 36.0 Million Gallons Per Day (MGD). * A design 5-day biochemical oxygen demand (BOD5) load of 30,000 lbs/day. * A design Total Kjeldahl Nitrogen (TKN) load of 7,500.00 lbs/day. Satellite WPCF The design capacity for the treatment works is specified in Construction Permit Number 95-317-S, issued July 7, 1995. The treatment plant is designed to treat: * An average dry weather (ADW) flow of 5.3 Million Gallons Per Day (MGD). * An average wet weather (AWW) flow of 8.1 Million Gallons Per Day (MGD). * A maximum wet weather (MWW) flow of 11.1 Million Gallons Per Day (MGD). * A design 5-day biochemical oxygen demand (BOD5) load of 58,000 lbs/day. * A design Total Kjeldahl Nitrogen (TKN) load of 13,550.00 lbs/day. Operator Certification Type/Grade: WW/IV DRAFT 6/13/2023 Wastes in such volumes or quantities as to exceed the design capacity of the treatment works or reduce the effluent quality below that specified in the operation permit of the treatment works are considered to be a waste which interferes with the operation or performance of the treatment works and are prohibited by rule IAC 567-62.1(7). Page 19 Page 145 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 SEWAGE SLUDGE HANDLING AND DISPOSAL REQUIREMENTS DRAFT 6/13/2023 "Sewage sludge" is solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge does not include the grit and screenings generated during preliminary treatment. 1. The permittee shall comply with all existing Federal and State laws and regulations that apply to the use and disposal of sewage sludge and with technical standards developed pursuant to Section 405(d) of the Clean Water Act when such standards are promulgated. If an applicable numerical limit or management practice for pollutants in sewage sludge is promulgated after issuance of this permit that is more stringent than a sludge pollutant limit or management practice specified in existing Federal or State laws or regulations, this permit shall be modified, or revoked and reissued, to conform to the regulations promulgated under Section 405(d) of the Clean Water Act. The permittee shall comply with the limitation no later than the compliance deadline specified in the applicable regulations. 2. The permittee shall provide written notice to the Department of Natural Resources prior to any planned changes in sludge disposal practices. 3. Land application of sewage sludge shall be conducted in accordance with criteria established in rule IAC 567 67.1 through 67.11 (455B). Page 20 Page 146 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Diffuser Special Monitoring Requirements Monthly Visual Monitoring: DRAFT 6/13/2023 At a frequency of at least once per month, the permittee shall visually observe the diffuser and record the observations in a log book. The permittee is required to visually observe and record the following items: • Whether the diffuser and diffuser ports can be seen above or below the surface of the water; • Whether the effluent dispersion pattern of the ports can be seen, and whether the patterns are uniform; • Signs of non -uniform bubbling, uneven coloring or actual spraying of effluent above the water surface; • Debris or materials that have collected on or may be obstructing the diffuser; • General structural condition of the diffuser, diffuser ports, and protective materials; • Condition of the shoreline outfall 011; and • Actions taken, if applicable (i.e. corrective/ maintenance measures, adjustments of ports, removal of debris, etc.) The log book entries shall be made available to the Department upon request. The permittee will indicate completion of the visual monitoring by entering a "1" in the "VISUAL" column on the day that the visual monitoring was completed on the Discharge Monitoring Report (DMR) spreadsheet. Annual Diffuser Performance Analysis: Minimum Requirements: Annually, by June lst, the permittee is required to submit a Diffuser Performance Analysis report to the Department at both of the addresses shown below. The annual diffuser analysis should be performed at a stream flow as close as possible to stream critical low flow conditions. The annual diffuser performance analysis should identify if all diffuser ports, that were active when the mixing percentage used in the current NPDES permit was established, are functioning properly. The annual diffuser performance analysis should also assess if rapid and uniform mixing is occurring within 100 feet downstream of the active diffuser ports, determined in a manner consistent with the methods that established the mixing percentage in this NPDES permit, with the stream flow as close as possible to critical low flow conditions. If dye used in the Diffuser Performance Analysis shall meet the following requirements: 1) The Diffuser Performance Analysis shall use one of the following dyes: (a) Rhodamine WT dye (b) FWT red dye tablets (c) FLT Yellow/Green Liquid Concentrate dye (d) Green Sewer Tracing Dye (e) Fluorescent FLT Yellow/Green Powder (f) Bright Dye FWT Red Dye (g) FLT Yellow/Green dye tablets If a dye other than one listed above is used, you must obtain permission from the Department prior to use of the dye. Please contact Katie Greenstein at (515) 725-8400 or katie.greensteinna,dnr.iowa.gov to request approval of dyes other than those listed above. 2) The dye shall be used according to the instructions provided by the manufacturer; and 3) The introduction of the dye into the receiving stream shall be limited to as short a time period as possible and the amount of dye used shall be as little as possible. Page 21 Page 147 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Video and/or pictures of the demonstration should be sent along with the diffuser analysis performance report to both addresses shown below. The Diffuser Performance Analysis report shall describe any proposed location or discharge flow adjustments to the diffuser ports intended to comply with the designed operation of the diffuser. Any video and/or pictures of the demonstration should be included in the report. The permittee will indicate submittal of the Diffuser Performance Analysis report by entering a "1" in the "DIFFVAL" column on the Discharge Monitoring Report (DMR) spreadsheet on the day that the report is submitted. Select the No Discharge Indicator "NOT REQUIRED/MP" on the DMR spreadsheet during the months that the report is not required. DRAFT 6/13/2023 Additional Requirements: The Department will review the Diffuser Performance Analysis report. If the analysis does not show rapid and uniform mixing of the effluent within 100 feet downstream of the active diffuser ports, determined in a manner consistent with the methods that established the mixing percentage in this NPDES permit, you shall be notified of the requirement to submit a plan to correct diffuser deficiencies. The plan to correct the deficiencies shall be submitted to the Field Office address within 60 days of Department notification. A subsequent Diffuser Performance Analysis report shall be submitted to both addresses shown below no later than 60 days after implementing the plan to correct the diffuser deficiencies. If the subsequent Diffuser Performance Analysis report does not show rapid and uniform mixing of the effluent within 100 feet downstream of the active diffuser ports, determined in a manner consistent with the methods that established the mixing percentage in this NPDES permit, the permit shall be amended to include monitoring and limits necessary to be protective of the observed conditions. The DNR Field Office 1 shall be notified by calling 563-927-2640 at least 48 hours prior to the use of dye. Bathymetric Anay_sis: Minimum Requirements: The permittee is required to perform a Bathymetric Analysis which shall be submitted annually, by June 1st to the Department at both of the addresses shown below. The bathymetric features shall be determined by measuring the receiving stream depth at a minimum of twenty (20) equidistant intervals across the entire width of the receiving stream at the location of the diffuser. The Bathymetric Analysis report shall characterize the bathymetric features and include clear documentation of the receiving stream cross section, diffuser location, and stream bottom substrate. • Hydrologic Events: In addition, a Bathymetric Analysis must be performed if significant changes to the stream channel occur as a result of hydrologic events (such as flooding, stream channelization, reconstruction, etc.) A report of this analysis must be submitted to the Department at both of the addresses below within sixty (60) days of the event occurrence. If the Bathymetric Analysis shows that the changes to the receiving stream may alter the mixing achieved by the diffuser, a Diffuser Performance Analysis must also be performed to demonstrate the actual mixing achieved by the diffuser, determined in a manner consistent with the methods that established the mixing percentage in this NPDES permit. Modeling of the 100-foot diffuser mixing area may be used to perform the Diffuser Performance Analysis, with Department approval, if the receiving stream does not reach low flow conditions within four (4) months of the hydrologic event. The Diffuser Performance Analysis report must be submitted to the Department at both of the addresses below within ninety (90) days of the hydrologic event occurrence. A Diffuser Performance Analysis performed as a result of a hydrologic event will fulfill the annual report requirement for that year. The permittee will indicate completion of the Bathymetric Analysis report by entering a "1" in the "BATHY" column on the Discharge Monitoring Report (DMR) spreadsheet on the day that the report is submitted. Select the No Discharge Indicator "NOT REQUIRED/MP" on the DMR spreadsheet during the months that the report is not required. Addresses for Report Submittal: Iowa Department of Natural Resources Environmental Services Division DNR Field Office 1 909 West Main St., Suite 4 Manchester, IA 52057 Iowa Department of Natural Resources Ben Hucka npdes.mail@dnr.iowa.gov Page 22 Page 148 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 SIGNIFICANT INDUSTRIAL USER LIMITATIONS, MONITORING AND REPORTING REQUIREMENTS 1. You shall require all users of your facility to comply with Sections 204(b), 307, and 308 of the Clean Water Act. DRAFT 6/13/2023 Section 204(b) requires that all users of the treatment works constructed with funds provided under Sections 201(g) or 601 of the Act to pay their proportionate share of the costs of operation, maintenance and replacement of the treatment works. Section 307 of the Act requires users to comply with pretreatment standards promulgated by EPA for pollutants that would cause interference with the treatment process or would pass through the treatment works. Section 308 of the Act requires users to allow access at reasonable times to state and EPA inspectors for the purpose of sampling the discharge, reviewing, and copying records. 2. You shall continue to implement the pretreatment program approved March 14,1984 and any amendments thereto. 3. An annual report in the form prescribed by the Department is to be submitted by March 1St of each year describing the pretreatment program activities for the preceding calendar year. 4. The City shall evaluate the adequacy of its local limits to meet the general prohibitions against interference and pass through listed in 40 CFR 403.5(a) and the specific prohibitions listed in 40 CFR 403.5(b). At a minimum this evaluation shall consist of the following: (a) Identify each pollutant with the potential to cause process inhibition, pass through the treatment plant in concentrations that will violate NPDES permit limits of water quality standards, endanger POTW worker health and safety or degrade sludge quality. (b) For each treatment plant, determine the maximum allowable headworks loading for each pollutant identified in item #4(a). that will prevent interference or a pass through. (c) After accounting for the contribution of each pollutant from uncontrolled (i.e.: domestic/commercial) sources to each treatment plant, determine the maximum allowable industrial loading for each pollutant identified in item #4(a). (d) Complete the evaluation and submit to the Department, by June 1, 2022 a report containing the following information: 1) A list of pollutants identified in item #4(a). For each pollutant, state the reason(s) for its inclusion (e.g. potential to cause interference, potential to cause pass through, etc.). 2) The report shall contain all calculations used to determine the maximum allowable headworks loadings and shall identify the source(s) of all data used (e.g. literature value, site specific measurement, etc.). 3) The contribution of each pollutant identified in item #4(d)1 to each treatment plant from uncontrolled sources and an explanation of how each contribution was determined. 4) The allocation of the maximum allowable headworks loading for each pollutant to each treatment plant, and an explanation of how the allowable loadings will be allocated to significant industrial users regulated by the City's pretreatment program. 5. The City shall evaluate the approved pretreatment program for compliance with 40 CFR 403 and Iowa Administrative Code 567 — Chapter 62. Complete the evaluation and submit to the Department a report containing the findings of the evaluation, including a proposal for modifications to correct any deficiencies that are identified, by June 1, 2022. Pretreatment reports shall be submitted to Ben Hucka at npdes.mail@dnr.iowa.gov. Page 23 Page 149 of 469 Facility Name: WATERLOO CITY OF STP Permit Number: 0790001 Nutrient Reduction Requirements DRAFT 6/13/2023 In support of the Iowa Nutrient Reduction Strategy you shall prepare and submit a report that evaluates the feasibility and reasonableness of reducing the amounts of nitrogen and phosphorus discharged into surface water. The report shall be submitted no later than June 1, 2023 and shall address the following: • A description of the existing treatment facility with particular emphasis on its capabilities for removing nitrogen and phosphorus. The description shall include monitoring data that define the current amounts of total nitrogen (TKN+nitrate+nitrite) and total phosphorus in both the raw wastewater and the final effluent. A description and evaluation of operational changes to the existing treatment facility that could be implemented to reduce the amounts of total nitrogen and total phosphorus discharged in the final effluent and the feasibility and reasonableness of each. Your evaluation must discuss the projected degree of total nitrogen and total phosphorus reduction achievable for each operational change. When evaluating feasibility, you must consider what, if any, effect operational changes would have on the removal of other pollutants (e.g. CBOD5, TSS). When evaluating reasonableness, you shall include estimates of the additional cost, if any, to implement such changes and for a publicly -owned treatment works the impact on user rates. ▪ A description and evaluation of new or additional treatment technologies that would achieve significant reductions in the amounts of total nitrogen and total phosphorus discharged in the final effluent with a goal of achieving annual average concentrations of 10 mg/L total nitrogen and 1 mg/L total phosphorus for plants treating typical domestic strength sewage. For purposes of this evaluation typical domestic sewage is considered to contain approximately 25 — 35 mg/L total nitrogen and 4 - 8 mg/L total phosphorus. For plants treating wastewater with total nitrogen and/or total phosphorus concentrations greater than typical domestic strength sewage, the evaluation shall include the projected reductions in the total nitrogen and phosphorus effluent concentrations achievable with the application of feasible and reasonable treatment technology with a goal of achieving at least a 66 % reduction in nitrogen and 75% reduction in total phosphorus. For each treatment technology the report shall assess its feasibility, reasonableness, practicability, the availability of equipment, capital costs, annual operating costs, impact on user rates and any non -water quality environmental impacts (e.g. additional air pollution, increased sludge production, etc.). • Based on the evaluations of operational changes and new or additional treatment technologies the report must select the preferred method(s) for reducing total nitrogen and total phosphorus in the final effluent, the rationale for the selected method(s) and an estimate of the effluent quality achievable. • In addition to selecting operational changes and/or new or additional treatment technologies, the permittee may evaluate and propose to implement practices within the watershed that may achieve greater reductions in nitrogen or phosphorus than the preferred method(s) alone. Such evaluations are particularly encouraged when no feasible or reasonable operational changes or additional treatment technologies can be identified or when the schedule for installing the selected technology exceeds ten years. • The report must include a schedule for making operational changes and/or installing new or additional treatment technologies to achieve the concentration and/or percentage removal goals listed above. Additional financial justification must be included in the report if no operational changes or treatment technologies are feasible or reasonable. The schedule will be incorporated into the NPDES permit by amendment. Effluent discharge limits will be based on one full year of operating data after implementation of the operational changes or completion of plant modifications and a six-month optimization period. The report shall be sent to the following address: Ben Hucka NPDES Section npdes.mail@dnr.iowa.gov Page 24 Page 150 of 469 STANDARD CONDITIONS DRAFT 6/13/2023 1. ADMINISTRATIVE RULES Rules of this Department that govem the operation of your facility in connection with this permit are published in Part 567 of the Iowa Administrative Code (IAC) in Chapters 60-65, 67, and 121. Reference to the term "rule" in this permit means the designated provision of Part 567 of the IAC. Reference to the term "CFR" means the Code of Federal Regulations. 2. DEFINITIONS (a) 7 day average means the sum of the total daily discharges by mass, volume, or concentration during a 7 consecutive day period, divided by the total number of days during the period that measurements were made. Four 7 consecutive day periods shall be used each month to calculate the 7-day average. The first 7-day period shall begin with the first day of the month. (b) 30 day average means the sum of the total daily discharges by mass, volume, or concentration during a calendar month, divided by the total number of days during the month that measurements were made. (c) Daily maximum means the total discharge by mass, volume, or concentration during a twenty-four hour period. 3. DUTY TO PROVIDE INFORMATION You must furnish to the Director, within a reasonable time, any information the Director may request to determine compliance with this permit or determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, in accordance with 567 IAC 64.3(11)"c". You must also furnish to the Director, upon request, copies of any records required to be kept by this permit. 4. MONITORING AND RECORDS OF OPERATION (a) Maintenance of records. You shall retain for a minimum of three years all paper and electronic records of monitoring activities and results including all original strip chart recordings for continuous monitoring instrumentation and calibration and maintenance records. [See 567IAC 63.2(3)) Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or both. [See 40 CFR 122.4107(5)) (b) 5. SIGNATORY REQUIREMENTS Applications, reports or other information submitted to the Department in connection with this permit must be signed and certified in accordance with 567 IAC 64.3(8). 6. OTHER INFORMATION Where you become aware that you failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application, you must promptly submit such facts or information. Where you become aware that you failed to submit any relevant facts in the submission of in any report to the director, including records of operation, you shall promptly submit such facts or information. {See 567IAC 60.4(2)"a" and 567IAC 63.7) 7. TRANSFER OF TITLE OR OWNER ADDRESS CHANGE If title to your facility, or any part of it, is transferred the new owner shall be subject to this permit. You are required to notify the new owner of the requirements of this permit in writing prior to any transfer of title. The Director shall be notified in writing within 30 days of the transfer. No transfer of the authorization to discharge from the facility represented by the permit shall take place prior to notifying the department of the transfer of title. Whenever the address of the owner is changed, the department shall be notified in writing within 30 days of the address change. Electronic notification is not sufficient; all title transfers or address changes must be reported to the department by mail. {See 567IAC 64.14) 8. PROPER OPERATION AND MAINTENANCE All facilities and control systems shall be operated as efficiently as possible and maintained in good working order. A sufficient number of staff, adequately trained and knowledgeable in the operation of your facility shall be retained at all times and adequate laboratory controls and appropriate quality assurance procedures shall be provided to maintain compliance with the conditions of this permit. [See 40 CFR 122.41(e) and 567IAC 64.7(7) ` f ') 9. PERMIT MODIFICATION, SUSPENSION OR REVOCATION (a) This permit may be modified, suspended, or revoked and reissued for cause including but not limited to those specified in 567 IAC 64.3(11). This permit may be modified due to conditions or information on which this permit is based, including any new standard the department may adopt that would change the required effluent limits. {See 567IAC 64.3(11)) (c) If a toxic pollutant is present in your discharge and more stringent standards for toxic pollutants are established under Section 307(a) of the Clean Water Act, this permit will be modified in accordance with the new standards. [See 40 CFR 122.62(a)(6) and 567IAC 64.7(7)"g") The filing of a request for a permit modification, revocation or suspension, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. (b) 10. DUTY TO REAPPLY AND PERMIT CONTINUATION If you wish to continue to discharge after the expiration date of this permit, you must file a complete application for reissuance at least 180 days prior to the expiration date of this permit. If a timely and sufficient application is submitted, this permit will remain in effect until the Department makes a final determination on the permit application. {See 567 IAC 64.8(1) and Iowa Code 17A.18) 11. DUTY TO COMPLY You must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. Issuance of this permit does not relieve you of the responsibility to comply with all local, state and federal laws, ordinances, regulations or other legal requirements applying to the operation of your facility. [See 40 CFR 122.41(a) and 567IAC 64.7(4)"e") Page 151 of 469 STANDARD CONDITIONS DRAFT 6/13/2023 12. DUTY TO MITIGATE You shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. {See 40 CFR 122.41(d) and 567IAC 64. 7(7) "i "] 13. TWENTY-FOUR HOUR REPORTING You shall report any noncompliance that may endanger human health or the environment, including, but not limited to, violations of maximum daily limits for any toxic pollutant (listed as toxic under 307(a)(1) of the Clean Water Act) or hazardous substance (as designated in 40 CFR Part 116 pursuant to 311 of the Clean Water Act). Information shall be provided orally within 24 hours from the time you become aware of the circumstances. A written submission that includes a description of noncompliance and its cause; the period of noncompliance including exact dates and times, whether the noncompliance has been corrected or the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent a reoccurrence of the noncompliance must be provided within 5 days of the occurrence. {See 567IAC 63.12) 14. OTHER NONCOMPLIANCE You shall report all instances of noncompliance not reported under Condition #13 at the time monitoring reports are submitted. You shall give advance notice to the appropriate regional field office of the department of any planned activity which may result in noncompliance with permit requirements. {See 567IAC 63.14) 15. INSPECTION OF PREMISES, RECORDS, EQUIPMENT, METHODS AND DISCHARGES You are required to permit authorized personnel to: Enter upon the premises where a regulated facility or activity is located or conducted or where records are kept under conditions of this permit; Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect, at reasonable times, any facilities, equipment, practices or operations regulated or required under this permit; and (d) Sample or monitor, at reasonable times, to assure compliance or as otherwise authorized by the Clean Water Act. (a) (b) 16. FAILURE TO SUBMIT FEES This permit may be revoked, in whole or in part, if the appropriate permit fees are not submitted within thirty (30) days of the date of notification that such fees are due. {See 567IAC 64.16(1)) 17. NEED TO HALT OR REDUCE ACTIVITY It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. {See 40 CFR 122.41(c) and 567IAC 64.7(7) `j ") 18. NOTICE OF CHANGED CONDITIONS You are required to notify the director of any changes in existing conditions or information on which this permit is based. This includes, but is not limited to, the following: (a) If your facility is a publicly owned treatment works (POTW) or otherwise may accept waste for treatment from an indirect discharger or industrial contributor (See 567 IAC 64.3(5) for further notice requirements). (b) If your facility is a POTW and there is any substantial change in the volume or character of pollutants being introduced to the POTW by a source introducing pollutants into the POTW at the time of issuance of the permit. {See 40 CFR 122.42(b)) (c) As soon as you know or have reason to believe that any activity has occurred or will occur which would result in the discharge of any toxic pollutant which is not limited in this permit. {See 40 CFR 122.42(a)) (d) If you have begun or will begin to use or manufacture as an intermediate or final product or byproduct any toxic pollutant which was not reported in the permit application. 19. PLANNED CHANGES The permittee shall give notice to the appropriate regional field office of the department 30 days prior to any planned physical alterations or additions to the permitted facility. Notice is required only when: (a) Notice has not been given to any other section of the department. (Note: Facility expansions, production increases, or process modifications which may result in new or increased discharges of pollutants must be reported to the Director in advance. If such discharges will exceed effluent limitations, your report must include an application for a new permit. If any modification of, addition to, or construction of a disposal system is to be made, you must first obtain a written permit from this Department. In addition, no construction activity that will result in disturbance of one acre or more shall be initiated without first obtaining coverage under NPDES General Permit No. 2 for "Storm water discharge associated with construction activity.") {See 567IAC 64.7(7) "a" and 64.2) (b) The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source as defined in 567 IAC 60.2; (c) The alteration or addition results in a significant change in the permittee's sludge use or disposal practices; or (d) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are not subject to effluent limitations in the permit. {See 567IAC 63.13 and 63.14) 20. USE OF CERTIFIED LABORATORIES Analyses of wastewater, groundwater or sewage sludge that are required to be submitted to the department as a result of this permit must be performed by a laboratory certified by the State of Iowa. Routine, on -site monitoring for pH, temperature, dissolved oxygen, total residual chlorine and other pollutants that must be analyzed immediately upon sample collection, settleable solids, physical measurements, and operational monitoring tests specified in 567 IAC 63.3(4) are excluded from this requirement. Page 152 of 469 STANDARD CONDITIONS DRAFT 6/13/2023 21. BYPASSES (a) Defmition. "Bypass" means the diversion of waste streams from any portion of a treatment facility or collection system. A bypass does not include internal operational waste stream diversions that are part of the design of the treatment facility, maintenance diversions where redundancy is provided, diversions of wastewater from one point in a collection system to another point in a collection system, or wastewater backups into buildings that are caused in the building lateral or private sewer line. Prohibitions. i. Bypasses from any portion of a treatment facility or from a sanitary sewer collection system designed to carry only sewage are prohibited. ii. Bypass is prohibited and the department may not assess a civil penalty against a permittee for bypass if the permittee has complied with all of the following: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (2) There were no feasible alternatives to the bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required by paragraph (d) of this section. (c) The Director may approve an anticipated bypass after considering its adverse effects if the Director determines that it will meet the three conditions listed above and a request for bypass has been submitted to the Department in accordance with 567 IAC 63.6(2). (d) Reporting bypasses. Bypasses shall be reported in accordance with 567 IAC 63.6. (b) (3) 22. UPSET PROVISION (a) Definition. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (b) Effect of an upset. An upset constitutes an affirmative defense in an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph "c" of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. (c) Conditions necessary for demonstration of an upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed operating logs or other relevant evidence that; i. An upset occurred and that the permittee can identify the cause(s) of the upset; ii. The permitted facility was at the time being properly operated; iii. The permittee submitted notice of the upset to the Department in accordance with 567 IAC 63.6(3); and iv. The permittee complied with any remedial measures required in accordance with 567 IAC 63.6(6)"b". (d) Burden of Proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 23. PROPERTY RIGHTS This permit does not convey any property rights of any sort or any exclusive privilege. (See 567IAC 64.4(3) "b ") 24. EFFECT OF A PERMIT Compliance with a permit during its term constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 307, 318, 403 and 405(a)-(b) of the Clean Water Act, and equivalent limitations and standards set out in 567 IAC Chapters 61 and 62. (See 567IAC 64.4(3) "a' ) 25. SEVERABILITY The provisions of this permit are severable and if any provision or application of any provision to any circumstance is found to be invalid by this department or a court of law, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected by such finding. Page 153 of 469 DRAFT 6/13/2023 APPENDIX B 2018 NUTRIENT REDUCTION STUDY Page 154 of 469 DRAFT 6/13/2023 • Nutrient Reduction Study Report City of Waterloo, IA March 2018 Page 155 of 469 DRAFT 6/13/2023 Report for City of Waterloo, Iowa Nutrient Reduction Study SEAL 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. FOR STRAND ASSOCIAT Randall A. Wirtz, Ph.D., P.. March 26, 2018 License Number 1613 My license renewal date is December 31, 2019 Report sections covered by this seal: All sections unless otherwise noted , INC.® Prepared by: STRAND ASSOCIATES, INC.® 910 West Wingra Drive Madison, WI 53715 www.strand.com March 2018 heAl STRAND ASSOCIATES' Page 156 of 469 DRAFT 6/13/2023 TABLE OF CONTENTS Page No. or Following NUTRIENT REDUCTION STUDY Existing Treatment Facilities 1 Influent and Effluent Data 4 Nutrient Reduction Goals 14 Evaluation of Operational Changes to Enhance Nutrient Removal 14 Wasteload and Flow Forecasts 15 Evaluation of Treatment Technologies to Meet Nutrient Reduction Goals 20 Implementation and Budgetary Considerations 37 Sewer Budget Impact 39 Financial Information 41 TABLES Table 1 Design Flows and Loadings 1 Table 2 Easton Influent Flow Summary 5 Table 3 Satellite Influent Flow Summary 5 Table 4 Combined Influent Flow Summary 6 Table 5 Influent Flow Summary 8 Table 6 Influent BOD Loading Summary 9 Table 7 Influent TSS Loading Summary 9 Table 8 Influent TKN Summary 10 Table 9 Influent TN Loading Summary 10 Table 10 Influent TP Loading Summary 11 Table 11 Return Flow Sampling Summary —May and June 2017 11 Table 12 Return Flow Loading Estimates 12 Table 13 Effluent NH3-N 13 Table 14 Effluent TN 13 Table 15 Effluent TP 14 Table 16 Current and Projected Populations 16 Table 17 Planned Industrial Discharge Estimates 16 Table 18 Projected 2040 Flows 18 Table 19 Projected Future Loads —Combined Influent 19 Table 20 Estimated Maximum Month Loads 19 Table 21 Design Flows and Loads 20 Table 22 A20 Process Modeling Summary 22 Table 23 Special Sampling Data —May and June 2017 23 Table 24 A20 Process Modeling Summary —with VFA Addition at 16°C, 2040 Conditions 25 Table 25 A20 Process Modeling Summary —with VFA Addition at 16°C, Full Permitted Design Conditions 26 Table 26 MLE Process Modeling Summary with CPR 28 Page 157 of 469 DRAFT 6/13/2023 Table 27 MLW Process Modeling Summary with CPR —Two Satellite Trains Reserved for RAS Fermentation Zones 31 Table 28 BNR Present Worth Analysis Summary 32 Table 29 Biological Nutrient Removal Nonmonetary Considerations Summary 33 Table 30 Recommended Near -Term Improvements for Nutrient Removal 39 Table 31 WWTP Budget Impact Summary for Near -Term Improvements 40 FIGURES Figure 1 Wastewater Treatment Plant Process Flow Diagram 1 Figure 2 Influent Flow 6 Figure 3 Alternative BNR1 20 Figure 4 BioWin Model of A2O Process 22 Figure 5 Alternative BNR2 26 Figure 6 BioWin Model of MLE Process with CPR 27 Figure 7 RAS Fermentation Process Diagram 29 Figure 8 Alternative BNR3 30 Figure 9 Preliminary and Primary Treatment Improvements 34 APPENDICES APPENDIX A—NPDES PERMIT APPENDIX B—PRESENT WORTH ANALYSIS ii Page 158 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study This study was prepared as required to meet the April 1, 2018, compliance schedule in the City of Waterloo's (City's) Iowa Department of Natural Resources (IDNR) National Pollutant Discharge Elimination System (NPDES) Permit No. 0790001. The purpose of this report is to evaluate the feasibility and reasonableness of reducing the amounts of total nitrogen (TN) and total phosphorus (TP) discharged into the Cedar River by the City's wastewater treatment plants (WWTPs). EXISTING TREATMENT FACILITIES A. Background The City of Waterloo (City) operates three wastewater treatment plants (WWTPs): an anaerobic lagoon that treats wastewater from a food processing plant prior to discharge into the City sanitary sewer system, the Satellite WWTP that was designed to treat the industrial wastewater from the northeast portion of the City (including the lagoon effluent), and the Easton Avenue (Easton) WWTP that was designed to treat the wastewater from all other sources in the City. The Satellite and Easton WWTPs are located at the same site and share several facilities as described later in this section and they both discharge to the Cedar River. A flow diagram of the Satellite and Easton WWTPs is presented in Figure 1. The design flows and loadings are presented in Tablel. The City's National Pollutant Discharge Elimination System (NPDES) Permit No. 0790001 is included in Appendix A. Wastewater Flow Design Average Flow (DAF) Easton Plant Satellite Plant Design Average Wet Weather Flow (Maximum Month) Design Maximum Wet Weather Flow (Maximum Day) Design Peak Hourly Wet Weather Flow (PHF) 20.4 mgd 26.7 mgd 36.0 mgd 36.0 mgd Wastewater Loading 5-day Biochemical Oxygen Demand (BOD5)—Average 6.7 mgd 8.1 mgd 11.1 mgd —. 11.1 mgd Day 5-day Biochemical Oxygen Demand (BOD5)—Maximum Month 5-day Biochemical Oxygen Demand (BOD5)--Maximum Day Total Kjeldahl Nitrogen (TKN)-Average Day Total Kjeldahl Nitrogen (TKN)-Maximum Month Total Kjeldahl Nitrogen (TKN)-Maximum Day 24,000 Ibs/day 30,000 Ibs/day 70,000 Ibs/day 38,800 Ibs/day 58,000 Ibs/day 80,400 Ibs/day 4,500 Ibs/day 7,500 Ibs/day 13,200 Ibs/day Total Suspended Solids (TSS)—Average Day Total Suspended Solids (TSS)--Maximum Month Total Suspended Solids (TSS)—Maximum Day Note: mgd=milliorl gallons per day Table 1 Design Flows and Loadings 18,000 Ibs/day 25,000 Ibs/day 66,000 Ibs/day 7,025 Ibs/day 13,550 Ibs/day 19,300 Ibs/day 38,300 Ibs/day 58,000 Ibs/day 80,400 Ibs/day Prepared by Strand Associates, Inc.® 1 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 159 of 469 DRAFT 6/13/2023 VMOI'001L131VM JO A110 AOl1S NOI10l03i11N312I1f1N INV2i9VIO MO1d SS33O21d 1NVld 1N31N1V32112131VM31SVM w re LL d nj f Page 160 of 469 DRAFT 6/13/2023 City of Waterloo. Iowa Nutrient Reduction Study Wastewater service to the City was provided by the Easton WWTP alone until the Satellite WWTP was constructed in 1996. At that time, the Easton WWTP was a trickling filter WWTP with primary clarifiers, trickling filters, intermediate clarifiers, roughing filters, and final clarifiers. Following startup of the Satellite WWTP in 1998, a major upgrade to the Easton WWTP was undertaken, including the demolition or abandonment of much of the existing facility and the construction of new primary and final clarifiers along with the conversion to activated sludge biological treatment. While the Satellite WWTP was designed to treat the industrial wastewater from a portion of the City, it has been out of service for several years and is currently only used for storage during peak flow events. The City currently has a project planned to convey Equalization Basin overflow to the Satellite activated sludge tanks for storage and blending with Easton secondary effluent. This project is anticipated to be completed in 2018. While influent flow from the Satellite and Easton collection systems are measured separately, under current WWTP operation the influent flow from the Satellite collection system is combined with the Easton influent flow upstream of the Easton Anoxic Selector Basin and is treated using the Easton WWTP. Both the Satellite and Easton WWTPs are currently designed for TN removal. B. Easton WWTP Influent flow to the Easton WWTP passes through two 3/4-inch bar screens and enters an influent wet well where it is pumped with five raw wastewater pumps and flow is measured with magnetic flowmeters. The Bar Screen Building and the Raw Wastewater Pump Building were both constructed concurrently with the construction of the Satellite WWTP in 1996. Following pumping, the wastewater flows through two vortex grit removal units located in the Raw Wastewater Pump Building. A sampler located downstream of the influent pumps and upstream of grit removal is used to collect Easton WWTP influent samples. When flows to the Easton WWTP exceed the WWTP's hydraulic capacity, a portion of the flow can be diverted to two flow equalization basins located on the northern portion of the site using two downward opening weir gates in the grit chamber effluent channel. These basins were constructed in 1996 and have a total storage capacity of approximately 20 million gallons (MG). Wastewater stored in these basins can be returned to the Easton influent wet well when the WWTP has capacity to treat the flow. During extreme high flow events, an overflow/bypass structure to the Cedar River can be used to discharge wastewater from the equalization basins. After grit removal, Easton WWTP influent flows through a magnetic flowmeter and to two circular primary clarifiers. Three primary sludge pumps located in the Primary Sludge Pump Building are used to pump sludge from the primary clarifiers to the thickened activated sludge (TAS) tanks. Scum that is removed from the primary clarifiers is stored in a mixed scum tank and pumped to the TAS tanks. The Primary Clarifiers and Primary Sludge Pump Building were constructed in 1998. The activated sludge system uses the Modified Ludzack-Ettinger process for BOD, ammonia, and total nitrogen (TN) removal and includes four elongated rectangular tanks as well as a separate anoxic selector basin. Primary effluent is mixed with RAS and with mixed liquor (ML) recycle flow, and flows from the Satellite Bypass Structure in the Easton Anoxic Selector Basin. This basin is mixed using coarse bubble air diffusers with a goal of maintaining anoxic conditions. This basin is Prepared by Strand Associates, Inc.® 2 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction.4463 001 raw feb\Report\Nutrient Reduction Study docx\032616 Page 161 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study also used to split the flow between the four aeration basins. Each aeration basin consists of one anoxic zone with coarse bubble diffusers for mixing and three aerobic zones with fine bubble diffusers. Aeration is provided by three multistage centrifugal blowers. Flow from each of the basins is mixed in an outlet box which contains three ML recycle pumps to recycle nitrified ML to the front of the activated sludge system for alkalinity recovery and TN removal. The ML recycle pumps are constant -speed submersible pump and do not allow operators to adjust the recycle flow based on flow and loading conditions. ML from the aeration tanks flows to four center -feed circular final clarifiers. Five RAS pumps located in the RAS Building return settled sludge to the primary effluent pipe upstream of the anoxic selector basin. Secondary effluent passes through a Parshall Flume for flow measurement and is sampled prior to disinfection. Disinfection is provided by two ultraviolet (UV) disinfection systems operated in series. The ultraviolet disinfection system and building were installed in 2013. Following disinfection, effluent flows to one of two outfalls. A river diffuser is used under normal river level conditions (outfall 801). When the Cedar River level is high (river flow greater than 8,500 cfs), four effluent pumps located in the Effluent Lift Station are used to pump the effluent to a shoreline discharge (outfall 011). C. Satellite WWTP As described earlier, the Satellite WWTP was designed to treat mostly industrial wastewater flows from a dedicated collection system from the northeast side of the City and is not currently in use. Flows from the Satellite collection system flow to the Satellite Lift Station at the Easton WWTP, which is on the north end of the Raw Wastewater Pump Building. Here the raw wastewater is sampled and pumped to the Magnesium Hydroxide Building using three submersible pumps. In the Magnesium Hydroxide Building, WWTP staff can add alkalinity to the raw wastewater by feeding magnesium hydroxide. Downstream of the Magnesium Hydroxide Building, the raw wastewater piping to the Satellite WWTP is connected to the Easton WWTP primary effluent piping at the Satellite Bypass Structure. Under current WWTP operation, Satellite WWTP influent is diverted to the Easton WWTP through this bypass structure and no raw wastewater continues to the Satellite activated sludge system. The Satellite WWTP activated sludge system uses the Modified Ludzack-Ettinger process and includes two trains, each made up of two elongated rectangular tanks. An anoxic zone is provided in each train using coarse bubble diffuser mixing. Aeration is provided by fine bubble diffusers and five multistage centrifugal blowers. Two ML recycle pumps operating on variable frequency drives (VFDs) are used to return nitrified ML through the internal tank wall to the anoxic zone for denitrification and alkalinity recovery. ML from the aeration tanks flows to four center -feed circular final clarifiers. Five RAS pumps located in the Satellite RAS Builidng return settled sludge to the raw wastewater piping upstream of the activated sludge tanks. Prepared by Strand Associates, Inc ® 3 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032816 Page 162 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Secondary effluent passes through a Parshall Flume for flow measurement and is sampled prior to being combined with the Easton WWTP secondary effluent at the UV Building upstream of UV disinfection. D. Sludge Processing Waste Activated Sludge (WAS) is pulled from the Easton and Satellite RAS headers for wasting using automated control valves and flow meters. The WAS is pumped to three WAS tanks for storage until it is pumped to three gravity belt thickeners (GBTs). Scum from the final clarifiers are also pumped to the WAS tanks. The WAS tanks are mixed using coarse -bubble aeration and three positive displacement blowers. TAS is pumped from the GBTs to the three TAS tanks using three TAS transfer pumps. In these tanks, the TAS is mixed with the primary sludge from the Easton WWTP and primary scum to provide a consistent feed to the anaerobic digesters. Primary sludge is pumped to the TAS tanks using three rotary lobe pumps. Prior to pumping, the primary sludge passes through two sludge grinders. Mixing is provided in the TAS tanks with four vertical shaft mixers. Sludge is pumped from the TAS tanks to the anaerobic digesters using four progressing cavity pumps. The anaerobic digestion system uses a temperature -phased anaerobic digestion (TPAD) process with two thermophilic digesters and four mesophilic digesters. Two of the mesophilic digesters are equipped with floating covers for digester gas storage. The digesters are heated using a hot water boiler system. The TPAD system produces Class A biosolids. Digested sludge is pumped from the digesters to the Sludge Storage Tanks where it is stored until it is dewatered using three belt filter presses. The dewatered sludge is then land applied. INFLUENT AND EFFLUENT DATA A. Baseline Influent Data The WWTP currently measures influent flow from the Satellite collection system separate from the Easton WWTP influent flow. As discussed earlier, these flows are combined at the Easton WWTP Anoxic Selector Basin under current WWTP operation. Flow to the Equalization Basin is measured by summing the discharge flow from the Easton raw wastewater pumps and subtracting the Easton Influent Flow. Flow that is returned from the Equalization Basin enters the Easton influent wet well and is included in the Easton influent flow. Easton influent samples currently include process return flows. Estimates of these return flow loads and their impact of Easton influent loadings are presented later in this section. Tables 2 through 4 present the 2014 through 2016 flow data by month for the Easton WWTP, Satellite WWTP, and combined influent. The average represents the average day flow for the entire month. "Min" and "Max" represent the lowest and highest day's total daily (24-hour average) flow during that month, respectively. The Easton influent flow presented in Table 2 (and included in the combined flow in Table 4) includes the flow diverted to the Equalization Basin and subtracts the return flow from the Equalization Basin to approximate the actual total wastewater flow that is conveyed to the Easton WWTP site each day. A chart of the Satellite and this adjusted Easton Influent Flow from Prepared by Strand Associates, Inc ® 4 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction.4463 001 raw.feb\Report\Nutrient Reduction Study docx\032618 Page 163 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study 2014 to 2016 is presented in Figure 2. These reported flows are prior to ongoing wet weather improvements to the City's collection system and, therefore, do not reflect those ongoing efforts. Influent Flow (mgd) 2014 2015 2016 Avg. Min. Max. Avg. Min. Max. Avg. Min. Max. January 6.72 5.72 7.61 8.01 7.00 8.60 12.83 10.10 18.00 February 7.43 6.20 10.52 7.82 6.92 8.24 11.88 8.92 18.50 March 9.68 6.90 13.61 8.56 6.92 9.68 14.73 11.98 19.31 April 13.51 5.40 33.24 10.63 7.55 16.22 13.36 10.98 17.83 May _ 13.07 9.43 18.32 10.34 8.52 15.91 11.67 9.49 17.46 June 19.27 8.00 53.42 11.93 8.95 18.29 15.53 12.56 22.95 July 19.09 10.31 49.62 10.31 8.39 16.01 14.26 11.79 18.26 August 9.12 8.07 10.61 9.77 7.82 23.46 13.71 12.11 17.70 September 8.33 7.03 10.36 9.48 7.82 11.79 19.26 9.82 59.71 October 8.51 6.79 15.31 8.08 7.21 9.51 14.45 11.39 19.71 November 7.39 5.98 7.94 9.01 7.42 12.47 10.97 9.06 12.74 December 8.05 6.68 10.05 15.52 9.17 31.23 10.89 9.15 13.65 Annual Average 10.85 - - 9.96 - - 13.63 - - Minimum 6.72 5.40 - 7.82 6.92 8.24 10.89 8.92 - Maximum 19.27 Flow - Summary 53.42 15.52 - 31.23 19.26 - 59.71 Table 2 Easton Influent Influent Flow (mgd) 2014 2015 2016 Avg. Min. Max. Avg. Min. Max. Avg. Min. Max. January 3.68 2.01 9.02 3.00 1.66 3.82 3.62 2.04 4.65 February 2.95 1.80 3.82 2.94 1.42 3.78 3.39 2.40 4.40 March 3.26 1.81 4.39 2.76 1.18 3.86 3.57 1.97 4.59 April 3.43 1.49 5.20 2.96 1.44 3.94 3.46 1.59 4.25 May 3.31 0.68 4.44 2.90 0.51 3.96 3.16 1.59 4.67 June 3.34 1.94 4.71 3.19 1.32 4.27 3.29 1.79 4.51 July 2.92 1.14 4.40 3.06 1.16 4.89 2.89 1.05 3.76 August 2.62 0.79 3.98 3.10 0.75 4.75 3.29 1.20 3.88 September 2.90 0.98 4.05 3.11 0.61 4.31 3.45 1.67 4.83 October 3.06 1.27 4.37 3.20 1.43 4.30 3.64 2.24 4.60 November 3.03 1.27 3.87 3.15 1.74 4.23 3.54 2.72 4.42 December 3.05 1.59 3.83 3.63 1.09 4.78 3.54 1.87 4.31 Annual Average 3.13 - - 3.08 - - 3.40 - - Minimum 2.62 0.68 - 2.76 0.51 - 2.89 1.05 - Maximum 3.68 - 9.02 3.63 - 4.89 3.64 - 4.83 Table 3 Satellite Influent Flow Summary Prepared by Strand Associates, Inc.® 5 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 164 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Influent Flow (mgd) 2014 2015 2016 Avg. Min. Max. Avg. Min. Max. Avg. Min. Max. January 10.40 8.06 15.57 11.02 9.05 12.33 16.45 13.05 21.94 February 10.38 8.15 13.79 10.76 8.57 11.89 15.28 11.51 22.61 March 12.94 8.93 17.73 11.32 9.10 13.39 18.31 14.62 23.90 April 16.94 6.89 35.52 13.59 9.19 19.75 16.82 13.79 21.73 May 16.38 10.52 22.37 13.24 10.53 19.18 14.83 11.23 20.57 June 22.61 10.46 56.84 15.12 10.25 21.01 18.82 14.55 27.46 July 22.01 12.16 53.59 13.37 9.55 19.88 17.16 13.02 21.15 August 11.74 9.42 13.61 12.87 8.57 27.55 17.00 13.84 21.58 September 11.24 8.57 13.61 12.58 8.43 15.17 22.71 11.86 64.18 October 11.57 8.06 19.55 11.28 8.66 13.22 18.08 13.98 23.68 November 10.42 8.38 11.81 12.16 9.17 15.65 14.51 11.98 16.59 December 11.10 8.54 12.95 19.15 12.66 35.31 14.43 12.69 16.69 Annual Average 13.98 - - 13.04 - - 17.03 - - Minimum 10.38 6.89 - 10.76 8.43 11.89 14.43 11.23 - Maximum 22.61 - 56.84 19.15 - 35.31 22.71 - 64.18 Table 4 Combined Influent Flow Summary 70.0 60.0 50.0 v 40.0 0 u- v 30.0 C 20.0 10.0 0.0 1/1/2014 Figure 2 Influent Flow 1/1/2015 -Easton Influent Flow 1/1/2016 Satellite Influent Flow 12/31/2016 Prepared by Strand Associates, Inc.® 6 R:\ MAD \Documents\Reports\Archive\20181Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 165 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study While the Satellite Influent Flow data was relatively consistent in each of the three years analyzed, the Easton Influent Flow was significantly higher in 2016 than in previous years, with an increase of over 30 percent from 2014 and 2015 to 2016. It appears that this increase in flow began sometime in November or December 2015. While increased winter flows from precipitation or snow melt are not unusual, the increase that occurred around this time does not appear to subside during dry weather conditions. This is evident in the Easton influent minimum day flow in 2016 of 8.92 mgd, which is greater than 10 of the 24 monthly average values for 2014 and 2015. A portion of the increase in 2016 flow can be attributed to an extreme wet weather event in September 2016 that resulted in major flooding throughout northeastern and east central Iowa. According to National Oceanic and Atmospheric Administration data, the Cedar River at Waterloo crested at 22.94 feet on September 26, 2016, which is nearly 10 feet above flood stage and the second highest crest on record. Power outages during this flooding event led to loss of flow measurement, resulting in estimates for reported flow values. The City does not currently measure influent flow upstream of influent pumps and, therefore, the maximum influent flow measurement is limited by the pump capacity. However, WWTP staff indicate that there have been no known instances of basement backups resulting from influent sewer surcharging in the past. An evaluation of the pump flow totalizer data for the two highest flow days in 2014 to 2016 was conducted to estimate the peak hourly flow to the Easton WWTP. On September 24, 2016, during a major flooding event with a reported daily influent flow of 59.7 mgd, the maximum one -hour flow measured by the Easton influent totalizers was approximately 61.2 mgd. Similarly, on June 30, 2014, the reported daily influent flow was 53.4 mgd and the maximum one -hour flow measured by the Easton influent totalizers was 61.9 mgd. Data was not available for the maximum flow days in 2015 as a result of a software malfunction. A similar analysis was conducted on the Satellite influent for several high flow days (influent flows above 4.4 mgd) which showed peak hour flow to daily average flow ratios of 1.2 to 1.3. Because the anaerobic lagoon provides some flow equalization and there is relatively little infiltration/inflow (1/1) observed in the Satellite collection system, the peaking factors for the Satellite influent are not anticipated to be nearly as high as those seen in the Easton influent. Based on this analysis, the current peak hour flow for the Satellite influent is estimated to be approximately 6 mgd (2016 maximum day flow of 4.8 mgd times 1.25). Minimum and maximum flows at one- and 30-day intervals for the periods of January 2014 to November 2015 and December 2015 to December 2016 are presented in Table 5. Prepared by Strand Associates, Inc.® 7 R:\MAD\Documents\Reports\Archive12018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 166 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Influent Flow January 2014 to November 2015 Average Easton Influent Satellite Influent Combined Influent Maximum Month (30-day maximum) Minimum Month (30-day minimum) Maximum Day 10.2 28.1 6.7 53.4 Minimum Day j 5.4 December 2015 to December 2016 Average _ 13.8 Maximum Month (30-day maximum) Minimum Month (30-day minimum) Maximum Day 59.7 Minimum Day 8.9 21.2* I 3.1 3.7 2.5 9.0 0.5 3.4 3.8 10.5 1 2.8 4.8 1.1 13.3 31.3 9.9 56.8 6.9 17.2 25.0* 14.0 64.2 11.2 *Includes estimated influent flow values resulting from power outage in September 2016 flooding event. Table 5 Influent Flow Summary As described earlier, when influent flows exceed the capacity of the Easton WWTP, a portion of the flow can be diverted to the Equalization Basins. This occurred on 153 days between 2014 and 2016, with an average diversion volume of 3.06 MG. Typically, this wastewater would be stored in the Equalization Basins until the Easton WWTP has adequate treatment capacity, at which time it would be returned to the Easton influent for treatment. In extreme wet weather conditions, the Equalization Basins may fill and overflow to a ditch that discharges to the Cedar River. As previously discussed, the City currently has a planned project to convey Equalization Basin overflow to the Satellite activated sludge tanks, effectively increasing storage volume in the near -term. B. Influent BOD5, TSS, and TKN Loadings Tables 6 through 8 summarize the Easton WWTP, Satellite WWTP, and combined influent loadings of BOD5, TSS, and TKN, respectively. Each influent loading is separated between the 23-month period from January 2014 through November 2015 and the 13-month period from December 2015 through December 2016. The Easton influent loadings in these tables include the portion of the Easton influent flow that was diverted to the Equalization Basins. Prepared by Strand Associates, Inc.® 8 R:\MAD\Documents\ReportsWrchive\2018\Waterloo, IA\Nutrient Reduction.4463.001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 167 of 469 DRAFT 6/13/2023 City of Waterloo. Iowa Nutrient Reduction Study Easton Influent Satellite Influent BOD Loading, lb/day January 2014 to November 2015 Average 7-day Maximum Combined Influent 18,746 7,877 27,989 14,253 26,634 37,681 30-day Maximum 25,213 December 2015 to December 2016 Average 7-day Maximum 30-day Maximum 18,828 29,695 27,989 Table 6 Influent BOD Loading Summary 11,161 34,175 9,817 16,562 14,620 28,645 44,066 37,832 TSS Loading, lb/day January 2014 to November 2015 Average 7-day Maximum 30-day Maximum Easton Influent Satellite Combined Influent - Influent 18,867 December 2015 to December 2016 Average 7-day Maximum 30-day Maximum 43,235 28,037 24,782 8,846 22,897 12,878 10,990 27,713 51,784 37,123 35,774 50,316 17,950 64,441 41,683 14,556 Table 7 Influent TSS Loading Summary 52,896 Prepared by Strand Associates, Inc.® 9 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction.4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 168 of 469 DRAFT 6/13/2023 City of Waterloo. Iowa Nutrient Reduction Study TKN Loading, lb/day January 2014 to November 2015 Average Maximum 30-day Maximum Easton Influent Satellite Influent Combined Influent 3,984 4,506 6,952 ' 7,115 8,489 12,204 5,665 6,992 December 2015 to December 2016 Average Maximum* 30-day Maximum "samples liken approximately once per week Table 8 Influent TKN Summary 3,863 5,535 5,239 5,478 6,688 6,231 11,750 9,341 11,210 10,932 The City began collecting regular influent TN and TP samples in April 2016. Tables 9 and 10 summarize influent TN and TP loadings. The Easton influent loadings in these tables includes the portion of the Easton influent flow that was diverted to the Equalization Basins. The TN loadings are very similar to historical TKN loadings, indicating low nitrate/nitrite in the influent. April 2016 May 2016 June 2016 July 2016 Easton Influent Conc. Load (mg/L) 38 41 35 26 August 2016 September 2016 October 2016 November 2016 December 2016 34 32 34 41 40 (Ibs/day) 4,125 4,238 4,164 3,323 3,575 3,962 3,980 3,884 3,723 Satellite Influent Combined Influent Conc. (mg/L) 172 170 Load (Ibs/day) 5, 074 4,685 202 205 203 185 192 211 199 Average 36 Minimum Month 26 Maximum Month 41 Note: mg/L=milligrams per Liter 3,886 3,323 4,238 193 170 Table 9 Influent TN Loading Summary 211 Conc. Smg/L) 67 5,620 5,449 5,988 5,208 5,644 6,085 5,990 5,527 4,685 6,085 68 66 Load Slbs/day) 9,199 8,923 9,784 8,772 9,563 9,170 9,624 9,969 9,713 56 70 59 64 80 80 68 9,413 56 8,772 80 9,969 Prepared by Strand Associates, Inc.® 10 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 169 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Easton Influent Conc. Load (mg/L) (Ibs/day) April 2016 10.2 1,087 May 2016 7.4 770 June 2016 7.3 843 Ju y 2016 6.2 786 August 2016 6.8 724 September 2016 _ 7.3 _ 930 October 2016 7.7 906 November 2016 11.5 1,095 December 2016 10.0 958 Satellite Influent i Combined Influent Conc. Load (mg/L) _(Ibs/day) 19.6 575 18.7 515 Conc. Load (mg/L) jlbs/day) 12.2 _ 1,662 9.8 1,285 19.6 548 9.6 1,391 19.7 521 8.4 1,307 21.6 638 10.0 1,362 20.1 573 9.5 1,503 21.2 620 19.9 571 20.1 603 10.3 1,526 13.4 1,666 12.8 1,561 Average 8.3 900 Minimum Month 6.2 _ 724 Maximum Month 11.5 1,096 Table 10 Influent TP Loading Summary 20.0 574 18.7 515 21.6 638 10.7 8.4 13.4 1,474 1,285 1,666 In -plant waste loads including filtrate from sludge thickening and dewatering operations, sludge storage tank decant, tank drains, and digester overflow are combined in the WWTP sewer system. The WWTP sewer flows through a Palmer-Bowlus flume just east of the septage receiving station for flow measurement. WWTP staff indicate that this flume is often surcharged and does not provide reliable flow measurements. Septage is combined with these in -plant return flows downstream of the flume. These flows combine with the Easton influent in a manhole upstream of the Bar Screen Building. Therefore, the flows and loads associated with these in -plant returns are included in the Easton influent flow measurement and samples. City staff conducted special sampling in May and June of 2017 that included grab samples of return flows from the GBT and belt filter press (BFP) as presented in Table 11. Parameter, mg/L TP PO4-P Ammonia TKN Nitrate Nitrite _ TSS VSS GBT Filtrate 10.3 6.3 8.9 38.9 13.7 0.2 308 252 BFP Filtrate 73.8 33.3 685 715 1.1 <0.1 1,123 756 Alkalinity 218 Notes:VSS=volatile suspended solids. PD;-P=phosphate 2,491 Table 11 Return Flow Sampling Summary -May and June 2017 Estimates of return flow loadings were made based on the 2014 to 2016 sludge flows, percent solids measurements, and estimates of wash water flows at approximately 120 gpm per GBT/BFP. This Prepared by Strand Associates, Inc ® 11 R:\MAD\Documents\ReportsWrchive\2018\Waterloo, IA\Nutrient Reduction.4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 170 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study results in an estimated GBT filtrate and BFP filtrate flows of approximately 0.45 mgd and 0.16 mgd, respectively. Estimated return loadings from these sources are presented in Table 12. Parameter, Ibs/day TP PO4-P Ammonia TKN Nitrate Nitrite GBT Filtrate 39 24 33 146 BFP Filtrate 98 44 914 954 Filtrate Loading Percentage of Easton Influent 15% 25% 51 1.5 0.8 TSS VSS Alkalinity 1,160 950 820 <0.1 1,500 1,010 10% Table 12 Return Flow Loading Estimates 3,320 C. Wastewater Treatment Performance As described earlier, secondary effluent from the Satellite and Easton WWTPs are combined and disinfected prior to discharge to the Cedar River. The City has two permitted outfalls on the Cedar River: a diffuser located in the river that is used under normal conditions and a shoreline outfall that is used when the Cedar River level is high. The permitted effluent concentrations for all parameters except ammonia are identical for these two discharges. In the City's current NPDES permit, the shoreline outfall can be used during high river flows (above 8,500 cubic feet per second), resulting higher ammonia limits both on a monthly average and daily maximum basis. This shoreline discharge was used for 26 days in 2014, 14 days in 2015, and 44 days in 2016. Table 13 summarizes the City's average monthly effluent ammonia nitrogen (NH3-N). Effluent CBOD during this period averaged 8 mg/L. The City was operating two to three of the Easton WWTP activated sludge trains for most of the three-year period. Prepared by Strand Associates, Inc.® 12 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 171 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study 2014 2015 2016 Conc. (mg/L) Load (Ibs/day) 1,240 Conc. (mq/L) 19.4 Load (Ibs/day) 1,817 Conc. ,(mg/L) 27.7 Load (Ibs/day) 3,578 January 13.9 February 60.8 5,132 41.8 3,771 36.5 4,410 March 51.7 5,719 25.9 2,507 31.5 4,719 April 40.8 4,963 19.0 2,134 4.4 557 May 4.6 629 7.3 864 2.3 297 June 1.0 143 4.2 478 4.7 861 July 1.0 158 3.2 357 1.0 144 August 1.0 107 1.4 144 1.1 142 September 1.0 98 1.3 163 1.2 191 October 1.9 193 8.5 866 1.0 153 November 14.1 1,258 4.5 490 13.6 1,614 December 22.3 2,017 13.5 2,075 31.1 3,595 Annual Average 17.8 NH3-N 1,805 12.5 1,306 13.0 1,688 Table 13 Effluent The City has a TN mass limits of 9,285.5 Ibs/day on a monthly average basis with a daily maximum limit of 15,199 Ibs/day. Effluent TN sample results are presented in Table 14 below. There were no exceedances of the City's maximum day or monthly average TN mass limits in the period evaluated. 2014 2015 2016 Conc. (mg/L) Load (Ibs/day) Conc. (mg/L) Load (Ibs/day) Conc. (mg/L) Load (Ibs/day) January 41.0 3,442 41.9 3,941 38.4 5,007 February 76.1 6,493 55.2 4,982 41.7 5,035 March 56.5 6,302 42.6 4,120 38.5 6,011 April 42.4 5,391 42.9 30.8 3,435 May 27.6 3,548 29.6 _4,872 3,428 23.8 3,111 June 28.9 3,921 37.4 4,301 29.8 4,364 July 17.5 2,855 41.1 4,848 31.7 4,636 August 35.6 3,795 45.6 4,598 34.3 4,454 September 36.6 3,607 36.4 4,177 42.7 5,843 October 42.4 4,417 39.3 4,147 31.2 4,850 November 44.2 4,065 34.9 3,731 35.5 4,301 December 35.0 3,158 31.0 4,678 46.1 5,345 Annual Average 40.3 4,250 39.8 4,319 35.4 4,699 Table 14 Effluent TN While the City does not currently have a TP limit, they began monitoring effluent TP once per week in April 2016. Effluent TP data is presented in Table 15. Prepared by Strand Associates, Inc.® 13 R:\MAD\Documents\Reports\Nrchive\2018\Waterloo, IA\Nutrient Reduction 4463 001.raw.feb\Report\Nutrient Reduction Study docx\032818 Page 172 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study TP Conc. (mg/L) 7 Load (Ibs/day) 826 April 2016 May 2016 7 879 June 2016 7 970 July 2016 5 758 August 2016 6 832 September 2016 7 952 October 2016 7 1,028 November 2016 9 1,150 December 2016 8 974 , Annual Average 7 930 Table 15 Effluent TP The Modified Ludzak-Ettinger (MLE) process currently used at the Easton WVVfP was designed for TN removal and successfully removes approximately 50 percent of the influent TN based on the data presented in Tables 9 and 14. The data in Tables 10 and 15 suggest that the VVVVfP currently removes approximately 37 percent of the influent TP. Because the MLE process does not contain an anaerobic zone necessary for successful biological phosphorus removal (BPR), the demonstrated TP removal is likely attributable to biological uptake for cell growth and the removal of particulate TP. NUTRIENT REDUCTION GOALS Using the influent TN and TP data collected between April and December 2016 and adjusting for the nutrient loads from return flows that were included in these samples, the average TN and TP for the combined WVVTP influent are approximately 59.3 mg/L and 9.6 mg/L, respectively. Based on these influent concentrations the IDNR's nutrient reduction goals are 20.2 mg/L TN (66 percent removal) and 2.4 mg/L TP (75 percent removal). The City currently has mass limits for TN of 9,285.5 Ibs/day on a 30-day average basis and 15,199 Ibs per day on a daily maximum basis. There is no TP limit in the City's current NPDES permit. Based on the effluent target values calculated above, the combined AWW design flow of 34.8 mgd, the anticipated TN and TP mass limits are approximately 5,863 Ibs TN per day and 697 Ibs TP per day. EVALUATION OF OPERATIONAL CHANGES TO ENHANCE NUTRIENT REMOVAL As presented earlier, the MLE process currently used at the WWTP results in effluent TN Toads between 3,000 and 5,000 Ibs/day with concentrations of approximately 30 to 40 mg/L. Based on this performance, the City is currently able to achieve the TN effluent mass target of 5,863 Ibs/day but it appears that it would be unable to achieve this target should influent flows increase to the design flows. Furthermore, the WWTP is not currently designed for phosphorus removal, which would require either anaerobic zones in the activated sludge system or significant chemical feed and storage facilities. Potential operational changes to improve BPR performance, such as eliminating the nitrified ML recycle Prepared by Strand Associates, Inc.® 14 R:\MAD\Documents\Reports\Archive12016\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx1032616 Page 173 of 469 DRAFT 6/13/2023 City of Waterloo. Iowa Nutrient Reduction Study to create an anaerobic zone, would result in Toss of TN removal. Because of the high TKN loads to the WWTP, the elimination of the nitrified ML recycle and associated denitrification and alkalinity recovery is also anticipated to result in pH instability and the potential loss of nitrification. The City conducted special sampling in May and June 2017 to further investigate nutrient removal at the WWTP. This sampling indicated that while the WWTP was successfully nitrifying (average effluent ammonia concentration of 1.5 mg/L), denitrification in the anoxic zone was incomplete with an average NO3-N concentration leaving the anoxic zone greater than 10 mg/L. The effluent TN during this period was approximately 36 mg/L, similar to the annual average presented earlier. The incomplete denitrification in the anoxic zone suggests that either the anoxic zone is not large enough, there is too much dissolved oxygen in the anoxic zones, or there is insufficient influent BOD to completely denitrify. The anoxic retention time during this period was approximately 1.7 hours, which is a typical value for the MLE process. The City does not currently have the ability to control the ML recycle rate and, therefore, operational changes associated with varied recycle rates are not feasible without capital improvements. Modifying the RAS rate or solid retention rate (SRT) is not anticipated to significantly improve TN or TP removal without detrimentally affecting other process performance (nitrification, TSS removal, etc.). Increasing the anoxic zone size by reducing the size of the aerated zone will negatively impact nitrification, which is already challenging during the winter months at current flows and loads. The existing anoxic zone is not large enough to allocate a portion as an anaerobic zone for BPR without further reducing the ability to denitrify. While the City has tankage in the Satellite WWTP that is not currently in use, the facilities to convey influent from the Easton collection system to the Satellite activated sludge system are not in place. Operating the Satellite WWTP treating only the Satellite influent will exacerbate existing carbon deficiencies for nutrient removal in addition to introducing other operational challenges. No operational changes alone are feasible to significantly reduce the TN and TP loads in the effluent without negative impacts on other treatment process performance. The modifications necessary for successful BPR or chemical phosphorus removal (CPR), such as anaerobic zones, larger anoxic zones, chemical storage and feed facilities, better operational control, and infrastructure to operate the Satellite activated sludge tankage parallel with the Easton activated sludge tankage will require significant capital improvements as discussed later in this report. WASTELOAD AND FLOW FORECASTS To evaluate processes and technologies to enhance existing nutrient reduction capabilities, wasteload and flow forecasts were completed for the City's WWTP service area. For the purposes of this study, it is anticipated that the overall area served by the City's WWTP will remain the same through the 20-year planning period. A. Population Trends According to the 2010 census, the City had 68,406 residents, 28,607 total households, and an average household size of 2.35 persons. Compared to the 2000 census City population of 68,747, this equates to a 10-year population decrease of approximately 0.5 percent. Based on the 2011 to 2015 American Community Survey 5-Year Estimates, the estimated 2015 population of the City is Prepared by Strand Associates, Inc ® 15 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 174 of 469 DRAFT 6/13/2023 City of Waterloo. Iowa Nutrient Reduction Study 68,432, for an estimated 5-year population growth of approximately 0.04 percent from 2010. Population projections for the City obtained from the Black Hawk County Metropolitan Area Transportation Policy Board's 2040 Long Range Transportation Plan are presented in Table 16 below. Year 2010a 2015b 2020 2030 2040 City of Waterloo Population 68,406 68,432 72,212 76,601 f 81,633 a2010 Census data b2011 to 2015 American Community Survey 5-Year Estimates Table 16 Current and Projected Populations These projections estimate a 25-year growth of approximately 19 percent, or an annual growth of approximately 0.7 percent over the period. Based on these projections, a 2040 City population of 81,633 is used for projecting future residential wastewater flows and loadings in this study. B. Projected Wastewater Flows Projecting future wastewater flows requires identification of residential/commercial and industrial wastewater flow, base flows, peaking factors, and anticipated residential/commercial and industrial growth in areas tributary to the Easton and Satellite WWTPs. Planned additional industrial discharges to the Satellite collection system, both upstream and downstream of the anaerobic lagoon, were provided by the City as presented in Table 17. Increased BOD5 and TSS loadings discharged from the lagoon were estimated based on new planned discharges to the lagoon and existing removal efficiencies. No reduction in TKN or TP were assumed for new discharges from the lagoon. Table To Satellite Interceptor Downstream of Lagoon To Anaerobic Lagoon From Anaerobic Lagoon Total Additional Planned Flow and Loading to Satellite/Easton WWTPs Flow, mgd 0.116 0.184 0.184 0.30 BOD, mg/L 620 3,000 430 - BOD, Ibs/day 600 4,700 700 1,300 TSS, mg/L 750 2,900 1,100 - TSS, Ibs/day 700 4,500 1,700 2,400 TKN, mg/L 150 700 700 - TKN, Ibs/day 150 1,060 1,060 1,210 TP, mg/L 37 44 44 TP, Ibs/day 36 68 68 100 pH, s.u. 17 Planned 6.1 Industrial Discharge 6.5 6.5 - Estimates Prepared by Strand Associates, Inc.® 16 R:\MAD\Documents\Reports\Archive\2018\Watedoo, IA\Nutrient Reduction 4463 001 raw.feb\Report\Nutrient Reduction Study docx\032818 Page 175 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Table 18 shows the projected future design flows for the facility considering the expected growth. Current Easton dry weather flows used in these projections are based on the 2016 dry weather flow because this value is significantly greater than previous years. Future dry weather flow from the Easton collection system was determined by adding additional expected flow from growth at 100 gallons per capita per day (gcd) to the dry weather base flow. The average and wet weather 1/I values were then added to the base flow to determine the annual average, wet weather, maximum day, and peak hourly flows. The total design 1/1 for annual average, wet weather, maximum day, and peak hourly flows were estimated using current peaking factors from the 2016 flow data, with the exception of the Easton Wet Weather I/1, which used the 2014 maximum month flow because it exceeded the 2016 value. To account for the increase in base flow in 2016 and to avoid double counting 1/1, the 2016 Dry Weather flow was subtracted from the 2014 Easton Wet Weather to estimate the current wet weather I/1. Additional I/1 from growth was estimated using wet weather peaking factors from the 2016 flow data and the projected additional dry weather flow from growth. The City is currently implementing collection system improvements related to wet weather flows under a 2017 Consent Decree, including flow monitoring, sewer condition and capacity assessments, a footing drain removal program, a hydraulic model, and the development of a Sanitary Sewer Master Plan. It is anticipated that these improvements will impact future wet weather flows and, therefore, it is recommended an evaluation of peak flows to the WWTP using the City's hydraulic model is conducted following the completion of these collection system improvements. The need for future peak flow improvements at the WWTP should be reevaluated at that time. Using this method, the projected design average flow for the Easton WWTP is 15.32 mgd, which is less than the current design average flow of 20.4 mgd. The projected design average flow of the Satellite WWTP is 3.61 mgd, which is less than the current design average flow of 6.7 mgd. The need for future peak flow improvements at the WWTP should be reevaluated at that time. Prepared by Strand Associates, Inc. 17 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IANutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032918 Page 176 of 469 DRAFT 6/13/2023 City of Waterloojlowe Nutrient Reduction Study 'PF 'PF Easton Flow (mgd) Satellite Flow (mgd) Combined Flow Smgd) Current Dry Weather Flowa 10.50 2.68 13.18 Projected Residential Growthb 1.32 - 1.32 Planned Industrial Growth - 0.30 0.30 Projected Dry Weather Flow 11.82 2.98 14.80 Design I/Ik Annual Average 3.5c 0.63g 4.13 Wet Weather 18.92d 1.11 h 20.03 Maximum Day 55.4e 2.39i 57.8 Peak Hourly 58.4f 3.651 62.1 Projected Flows Annual Average 15.32 3.61 18.93 Average Wet Weather 30.74 4.09 34.83 Maximum Day 67.22 5.37 72.59 Peak Hourly 70.18 6.63 76.81 e2016 Easton influent flow used as baseline bAdditional residential flow of 13,201 persons at 100 gcd. `PF = 1.3 x Dry Weather Flow (based on 2016 Easton flow data) °2014 Easton maximum month - 2016 Dry Weather Flow + I/1 from growth @ PF=2 0 ePF = 5.7 x Dry Weather Flow (based on 2016 Easton flow data) 'PF = 5.8 x Dry Weather Flow (based on 2016 Easton flow data) 9PF = 1.2 x Dry Weather Flow (based on 2016 Satellite flow data) hPF = 1.4 x Dry Weather Flow (based on 2016 Satellite flow data) = 1.7 x Dry Weather Flow (based on 2016 Satellite flow data) = 2.1 x Dry Weather Flow (based on 2016 Satellite flow data) kExisting I/1 + I/1 from growth Table 18 Projected 2040 Flows C. Projected Wasteloads Future loads to the Easton VWVTP were projected by using the populations presented earlier and per capita values of 0.22 pcd for BOD5, 0.22 pounds per capita per day (pcd) for TSS, 0.041 pcd for TKN, and 0.011 for TP, as well as the planned industrial growth. The current average BOD5, TSS, and TKN loadings are based on the December 2015 to December 2016 average less the estimated return flow loadings. The current average TP loadings are based on the 2016 weekly TP sampling that began in April 2016 less the estimated return flow loadings. Table 19 presents the estimated future loads for BOD5, TSS, TKN, and TP. Prepared by Strand Associates, Inc ® 18 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 177 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study BOD5 TSS TKN TP _ (Ibs/day) Ibs/day) Albs/de Ibs/day) Current Averages 28,500 33,300 8,240 1,340 Projected Residential Growth 2,900b 2,900c 540d Planned Industrial Growth 1,300 2,400 1,210 100 Projected Average 32,700 ! 38,600 9,990 1,590 s2016 data as baseline (TP based on April 2016 to December 2016) less estimated return flow loadings. bAdditional load at 0.22 pcd bAdditional load at 0.22 pcd dAdditional load at 0.041 pcd eAdditional load at 0.011 pcd Table 19 Projected Future Loads —Combined Influent Projected maximum monthly influent loadings are estimated by using a peaking factor of 1.3 for BOD5, 1.5 for TSS, 1.2 for TKN, and 1.1 for TP. The peaking factors for BOD5, TSS, and TKN were determined by dividing the highest 30-day average loading by the annual average loading from December 2015 through December 2016. The peaking factor for TP was determined using the available influent TP data, which consisted of the nine -month period of April 2016 through December 2016, in which the 30-day maximum combined loading was 1,807 Ib TP per day and the average loading was 1,474 Ib TP per day. The maximum monthly loadings are shown in Table 20. Projected Averag Peaking Factor Maximum Month BOD5 TSS TKN Phosphorus (Ibs/day) (Ibs/day) (Ibs/day) (ibs/day) e Load 32.700 38,600 9,990 1. 591 I 1.3 1.5 1.2 1.2 Load 42.500 57.900 12,000 1,911 Table 20 Estimated Maximum Month Loads Table 21 summarizes the projected year 2040 flows and loadings and compares to the full permitted flows and loadings. Existing capacity greater than the 2040 flow and loadings projection is held as reserve capacity for unforeseen growth. Prepared by Strand Associates, Inc.® 19 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study.docx\032818 Page 178 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study 2040 Projection Annual Average Flow Average Wet Weather Flow (Maximum Month) Maximum Wet Weather Flow (Maximum Day) Peak Hourly Wet Weather Flow Annual Average BOD5 (Ibs/day) Maximum Month BOD5 (Ibs/day) Annual Average TSS (Ibs/day) Maximum Month TSS (Ibs/day) Annual Average TKN (Ibs/day) Maximum Month TKN (Ibs/day) Annual Average TP (Ibs/day) Maximum Month TP (Ibs/day) 18.9 34.8 72.6 76.8 32,700 Full Permitted Design 27.1 34.8 79.1 a 79.1a 62,800 42,500 38,600 57,900 9,990 12,000 1,590 1,900 88,000 56,300 83,000 11,525 21,050 2,490b 2,980c °Maximum day and peak hourflow of Easton headworks focilily = 68 mgd. Maximum day and peak hour flow of Satellite = 11.1 mgd. bAdditional TP load for 8 17 mgd reserve capacity at 100 gcd and 0 011 pcd TP cAnnual Average TP x 1.2 Peaking Factor Table 21 Design Flows and Loads EVALUATION OF TREATMENT TECHNOLOGIES TO MEET NUTRIENT REDUCTION GOALS As previously discussed, operational changes alone will not be sufficient to achieve a significant increase in nutrient reduction and a major capital upgrade will be required to achieve the target reductions in TN and TP. In this section, modifications to the existing activated sludge systems for TN and TP removal are evaluated, including those that treat the dewatering filtrate sidestreams separately from the main treatment process. System performance was evaluated using a BioWin model and the results of this modeling are presented for each alternative. A. Description of Alternatives 1. Altemative BNR1—A20 process In this alternative, the existing activated sludge system would be modified to implement the A20 process for biological phosphorus and nitrogen removal. These modifications include the conversion of the existing activated sludge system into eight trains using both the Satellite and Easton WVVTPs, each consisting of anaerobic, anoxic, and aerobic zones, along with new nitrified ML recycles from the aerobic zones to the anoxic zones (See Figure 3). Nitrate from the oxidation of influent ammonia is returned to the anoxic zone through the recycled ML, where it can be used by heterotrophic organisms instead of oxygen. This results in denitrification and carbon oxidation without aeration as well as alkalinity recovery. ML is typically returned at a rate of 100 to 400 percent of the influent flow and RAS is returned to the anaerobic zone where it is mixed with the primary effluent. The anaerobic zone provides an environment to select for polyphosphate -accumulating organisms (PAOs), resulting in the uptake of phosphorus in the aerobic zones and phosphorus removal through sludge wasting. Assuming adequate carbon is Prepared by Strand Associates, Inc ® 20 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 179 of 469 DRAFT 6/13/2023 eV -- NEW PIPING EXISTING PIPING MIXED LIQUOR RECYCLE ANAEROBIC ZONE ANOXIC ZONE AERATED ZONE ALTERNATIVE BNR1 NUTRIENT REDUCTION STUDY CITY OF WATERLOO, IOWA 6:7A1 STRAND ASSOCIATES' 4 FIGURE 3 4463.001 Page 180 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study available, this process can normally attain effluent TP concentrations less than 1.0 mg/L and TN concentrations less than about 10 mg/L, depending on influent TP and TN concentrations. The conversion of the existing activated sludge system to the A20 process includes the following elements: Modify the Satellite aeration tanks to operate as four separate trains flowing north to south. 2. Modify Easton and Satellite aeration tanks with anaerobic and anoxic zones by constructing new baffle walls and installing floating or submersible mixers. 3. Install new nitrate recycle pumps, piping, and controls to recycle nitrified ML from the end of the aerated zone to anoxic zone in each train. 4. Remove existing aeration diffusers and replace diffusers in new aerated zones. 5. Install backup CPR system, consisting of two 5,000-gallon chemical storage tanks, chemical feed pumps, chemical feed piping, and Chemical Building. A calibrated BioWin model was developed for the Easton and Satellite activated sludge systems using special sampling data collected in 2017. This model was then used to predict the performance of the A20 process using the existing activated sludge tankage modified to include anaerobic, anoxic, and aerated zones (See Figure 4). Model simulations were conducted at the 2040 projected average day and maximum month flows and loadings, as well as the full permitted combined design average day and maximum month flows and loadings as presented in Table 22. Prepared by Strand Associates, Inc.® 21 R:\MAD\Documents\Reports.Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study.docx\032818 Page 181 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study E14 E1B EIC 1111 if Elf 11R -1__ 1 I._1 -1 1 l74 17C sa, Eld 111 --i 1111 E111 4/4 110 F11 EY E44 440 E4C E40 E4E E47 M i76 vx 370 - 37E IN J. `I'' f34 ♦3& {eE 310 31k s31 t L,1,.1-{- F --I_ 34A u% 14B ul 341 lhe.snonkanc oyes*: ww001c n Week Wales Figure 4 BioWin Model of A20 Process Baosokas cake 41)1111 1 2040 Projection Full Permitted Design Average Day Maximum Month Average Day Maximum Month Influent Parameters Flow, mgd 18.9 34.8 27.1 34.8 BOD5 Load, lbs/day 32,700 42,500 62,800 88,000 TSS Load, Ibs/day 38,600 57,900 56,300 83,000 TKN Load, lbs/day 9,990 12,000 11,525 21,050 TP Load, lbs/day 1,590 1,900 2,490 2,980 Model Effluent Results cBOD5,mg/L 2.6 2.6 3.2 3.2 NH3-N, mg/L 0.4 0.4 0.3 0.3 TN, mg/L (lbs/day) 25.6 (4,102) 20.3 (5,954) 15.5 (3,546) 30.1 (8,809) TP, mg/L (lbs/day) 7.8 (1,250) 4.9 (1,424) 6.8 (1,559) 5.4 (1,581) TSS, mg/L 7.9 8.3 9.8 8.6 Table 22 A20 Process Modeling Summary The BioWin simulations for all of the scenarios presented in Table 22 predict insufficient BPR to achieve the effluent TP target of Tess than 697 Ibs TP/day. A key component of successful BPR is having adequate influent carbon in the form of volatile fatty acids (VFAs) or easily fermentable compounds to sustain the necessary PAO population. As presented in Table 23, the special Prepared by Strand Associates, Inc.® 22 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 182 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study sampling results suggest that the BOD:TP and soluble biochemical oxygen demand (sBOD):TP ratios to the activated sludge system are approximately 14:1 and 7:1, respectively. According to the Water Environment Federation Manual of Practice No. 34: Nutrient Removal, the minimum substrate to phosphorus requirements for BPR are 25:1 for carbonaceous biochemical oxygen demand (cBOD5):TP and 15:1 for sBOD):TP, which supports the theory that the influent wastewater has inadequate carbon to provide adequate PAO activity in the process simulations. BOD, Ibs/day sBOD, Ibs/day TP, Ibs/day Easton Primary Effluent 11,350 6,200 850 Satellite Influent 9,410 Table 23 Special Sampling Data —May and June 2017 3,470 630 Combined 20,760 9,670 1,480 There are several approaches that are available for facilities that do not have adequate influent carbon for successful BPR, such as increasing influent carbon to the activated sludge system through primary sludge fermentation or removing phosphorus from the dewatering return flows. Additionally, the City is in the unique position of having a significant upstream carbon source being treated at the anaerobic lagoon that could be partially diverted to the VWVfP to increase the influent BOD:TP ratio. Each of these approaches are described further below and additional process simulations are presented that evaluate their impact on overall nutrient removal at the VVVVfP. a. Sidestream Phosr horus Removal Sidestream phosphorus removal is typically based on harvesting or sequestering struvite (magnesium ammonium phosphate) to remove phosphorus from the sludge dewatering filtrate or from the digested sludge directly. This reduces the phosphorus load to the activated sludge system, effectively increasing the BOD:TP ratio. The City has noted some maintenance issues with struvite formation based on current VWVfP operations, and implementation of a BPR process is anticipated to exacerbate struvite formation as more stored phosphorus is released in the anaerobic digesters. In addition to the reduced phosphorus loading to the activated sludge system, harvesting struvite can reduce maintenance from nuisance struvite formation, especially when harvested from the digested sludge directly. There are also opportunities to produce a marketable struvite product that can partially offset the costs of removal, depending on the technology used. b. Primary Sludge Fermentation One approach to increase VFAs to the activated sludge system is through primary sludge fermentation. This is typically accomplished in a covered, mixed tank in which thickened primary sludge is held to allow the biodegradable organic components to be fermented into VFAs. The retention time in the fermenter is closely controlled to maintain an adequate population of fermenting microorganisms while preventing methanogens from becoming Prepared by Strand Associates, Inc.® 23 R:\MAD\Documents\Reports\Archive\2016\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 183 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study prevalent. While primary sludge fermenters have been successfully implemented at many WWTPs to produce VFAs, the cost, operation, maintenance, and odors associated with fermentation must be considered. Additionally, the diversion of VFAs from the biosolids stream to the liquid stream for BPR will reduce the amount of biogas generated in the anaerobic digesters. c. Anaerobic Lagoon Influent Diversion/Chemical Carbon Addition The City's anaerobic lagoon received over 35,000 Ibs BOD/day from 2014 to 2016 and discharged approximately 5,170 Ibs BOD over the same period. The City has seen an increase in BOD loading to the lagoon in 2017, with recent months averaging over 40,000 Ibs BOD/day, and also anticipates an increase in BOD loading to the lagoon with new industries. One option to increase the influent BOD:TP ratio at the WWTP is to divert a portion of the high-BOD lagoon influent to the WWTP. However, this would result in Tess biogas production at the lagoon and would likely necessitate the installation of influent screening on the Satellite influent, as described earlier in this section. It would also necessitate additional infrastructure at the WWTP to convert carbon compounds in the lagoon influent to VFAs for the PAOs. For planning purposes, it is assumed that a new storage tank and the necessary pumping equipment to store the Satellite influent and allow fermentation to occur would be constructed if lagoon influent diversion were to be implemented. Rather than divert BOD from the anaerobic lagoon influent, the City could also choose to purchase compounds that are high in biodegradable COD or VFAs and add these directly to the primary effluent to increase the BOD:TP (or VFA:TP) ratio. Alternatives with VFA addition at the WWTP include additional chemical storage and feed systems for this purpose. Additional simulations of the A2O process with struvite harvesting and primary sludge fermentation were conducted under the 2040 projected annual average conditions to evaluate the impact of each of these processes on nutrient removal. In each of these simulations, the influent VFA deficit predicted by the model was quantified by determining the VFA addition necessary to achieve the effluent TP target. The results of these simulations are presented in Table 24. Prepared by Strand Associates, Inc.® 24 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 184 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study • Average Day Projected 2040 Conditions Average Day with Struvite Harvesting Average Day with Struvite Harvesting and PRS Fermentation Influent Parameters Flow, mgd 18.9 18.9 18.9 BODE Load, Ibs/day 32,700 _ 32,700 32,700 TSS Load, Ibs/day 38,600 38,600 38,600 TKN Load, Ibs/day 9,990 9,990 9,990 TP Load, Ibs/day 1,590 1,590 1,590 Model Results —Secondary Effluent cBOD5, mg/L 3.6 3.4 3.5 NH3-N, mg/L 0.7 0.4 0.4 TN, mg/L (Ibs/day) 22.2 (3,556) 23.9 (3,841) 23.9 (3,841) TP, mg/L (Ibs/day) 4.3 (685) 4.2 (680) 4.3 (688) TSS, mg/L 8.1 7.8 8.0 VFA Addition (Ibs/day) 23,370 6,680 3,340 Table 24 A20 Process Modeling Summary —with VFA Addition at 16°C, 2040 Conditions The BioWin simulations predict that implementation of sidestream struvite harvesting and primary sludge fermentation would significantly reduce the amount of VFAs that would either have to be added at the WWTP or diverted from the anaerobic lagoon under the projected 2040 annual average conditions to achieve the effluent TP target of 697 Ibs/day (Table 24). However, the model predicts that reaching the target would still require some VFA addition or lagoon influent diversion to increase the VFA:TP ratio. Under the full permitted design flows and loadings (Table 25), the model predicts effluent TP below the target values without VFA addition if struvite harvesting and primary sludge fermentation is implemented, because this loading condition has a more favorable BOD:TP ratio than the projected 2040 condition. Based on this evaluation, the A20 process is separated into the following alternatives: • BNR1a—A20 with BOD diversion from lagoon • BNR1b—A20 with VFA addition at WWTP • BNR1c—A20 with Struvite Harvesting; BOD diversion from lagoon • BNR1d—A20 with Struvite Harvesting; VFA addition at WWTP • BNR1e—A20 with Struvite Harvesting and PRS fermentation; BOD diversion from lagoon • BNR1f—A20 with Struvite Harvesting and PRS fermentation; VFA addition at WWTP Prepared by Strand Associates, Inc.® 25 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 185 of 469 DRAFT 6/13/2023 Ciy of Waterloo, Iowa Nutrient Reduction Study Full Permitted Design Flows and Loadings Average Day Average Day with Struvite Harvesting Average Day with Struvite Harvesting and PRS Fermentation Influent Parameters Flow, mgd 27.1 27.1 _ 27.1 BOD5 Load, Ibs/day 62,800 62,800 62,800 TSS Load, Ibs/day 56,300 56,300 56,300 TKN Load, Ibs/day 11,525 11,525 11,525 TP Load, Ibs/day 2,490 2,490 2,490 Model Results —Secondary Effluent cBOD5, mg/L 3.9 3.2 3.7 NH3-N, mg/L 0.9 0.4 0.3 TN, mg/L (Ibs/day) 14.1 (3,222) 14.6 (3,348) 13.9 (3,182) TP, mg/L (Ibs/day) 3.0 (685) 3.0 (678) 2.2 (510) TSS, mg/L 9.6 8.0 12.4 VFA Addition (Ibs/day) 18,360 0 ,, 0 Table 25 A20 Process Modeling Summary —with VFA Addition at 16°C, Full Permitted Design Conditions 2. Alternative BNR2—MLE with CPR In this alternative, the City would continue to implement the MLE process for biological nitrogen removal and would address phosphorus removal through chemical addition. The existing activated sludge system would be modified to improve performance and would result in eight trains instead of the current six by converting the Satellite activated sludge tanks into four parallel trains. New nitrified ML recycles from the aerobic zones to the anoxic zones would also be included (see Figure 5). CPR involves the addition of a metal salt (commonly an iron or aluminum salt) to flocculate and precipitate soluble phosphorus in wastewater. The precipitated phosphorus is then removed during clarification and/or filtration. CPR is a relatively simple and predictable process, especially for effluent targets over 1.0 mg/L. Jar testing with multiple CPR chemicals is often performed to determine the most cost-effective chemical and to estimate the required chemical dosages. There are several possible application points for CPR. The phosphorus removal chemical could be added to the primary influent, aeration tanks, or final clarifier influent. Application upstream of the primary clarifiers can provide additional primary removal of suspended solids and organic matter in addition to phosphorus removal, which would reduce loadings to the activated sludge system, reduce power costs, and result in additional digester gas production because of higher primary clarifier TSS and BOD removal rates. However, because of the complex nature of the raw wastewater, higher chemical dosages are typically required when added to the primary clarifier Prepared by Strand Associates, Inc ® 26 R:\MAD\Documents\Reports\Archive\2016\Waterloo, IA\Nutrient Reduction 4463 001.raw feb\Report\Nutrient Reduction Study docx\032616 Page 186 of 469 DRAFT 6/13/2023 Irr PRIMARY EFFLUENT SPUTTER STRUCTURE LEGEND NEW PIPING EXISTING PIPING MIXED LIQUOR RECYCLE ANOXIC ZONE AERATED ZONE ALTERNATIVE BNR2 NUTRIENT REDUCTION STUDY CITY OF WATERLOO, IOWA 6:7A1 STRAND ASSOCIATES' FIGURE 5 4463.001 Page 187 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study influent, and sludge production can increase by more than 20 percent in such systems. More than one application point is typically provided for optimization and flexibility. Several chemicals are available for CPR, but aluminum sulfate (alum) and ferric chloride are two of the most commonly used. Alum is typically favored in soft water applications, while ferric chloride is used more in hard water applications. Both chemicals can affect sludge thickening and dewaterability and can also lower the pH of the wastewater. Sodium aluminate is also sometimes used for CPR and can be useful when pH or alkalinity is low because it is a basic chemical. Other chemicals that may be used include ferrous chloride, ferric or ferrous sulfate, polyaluminum chloride, and rare earth metals. For this report, it was assumed that ferric chloride would be used for CPR. Jar tests and/or full scale tests should be performed if the City elects to implement CPR to meet future effluent phosphorus limits. A calibrated BioWin model was used to predict the performance of the MLE process using the existing activated sludge tankage with modified anoxic and aerated zones (See Figure 6). Model simulations were conducted at the 2040 projected average day and maximum month flows and loadings, as well as the full permitted combined design average day and maximum month flows and loadings as presented in Table 26. rt: !!e ex W nr rH IL L. j e� ne rx ew �x er e� un uc :.e ca ur n• rld HC Ym u[ lu it J —L I*-L i'- fk 1Je W, f1p � W I.mc MD 14Cs m I....I� flf Figure 6 BioWin Model of MLE Process with CPR n—ep�rr. ognwn w.van.'Kpanrr� G?ii �. Prepared by Strand Associates, Inc.® 27 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction.4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 188 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Influent Parameters 2040 Projection Maximum Average Month at Day at 16°C 16°C Flow, mid BOD5 Load, lbs/day TSS Load, Ibs/day TKN Load, Ibs/day TP Load, Ibs/day 18.9 32,700 34.8 42,500 Full Permitted Design Flows and Loadings Maximum Maximum Average Day at Month at Month at 16°C 16°C 12°C 38,600 57,900 9,990 1,590 12,000 1,900 27.1 34.8 62,800 88,000 56,300 83,000 11,525 21,050 2,490 2,980 34.8 88,000 83,000 21,050 2,980 Model Effluent Results cBOD5, mg/L NH3-N, mg/L TN, mg/L (Ibs/day) TP, mg/L (Ibs/day TSS, mg/L 1.9 0.2 26.3 (4,216) Ferric Chloride Dose, gpd 4.1 (650) 8.9 1,200 2.4 2.8 3.3 3.9 0.4 0.1 0.7 0.5 16.0 (4,687) 2.4 (694) 11.5 1,700 11.7 (2,676) 19.3 (5,655) 2.9 (663) 2.3 (680) 27.1 (7,943) 2.3 (680) 12.1 2,200 12.3 2,400 Table 26 MLE Process Modeling Summary with CPR 12.5 2,400 The BioWin simulations for the average day scenarios presented in Table 26 predict effluent TN loads below the target value of 5,863 lbs/day. Chemical doses necessary to achieve the effluent TP target of 697 lbs/day with single -point addition to the final clarifiers ranged from approximately 1,200 gpd at the projected annual average loading up to approximately 2,400 gpd at the full permitted design maximum month loading. Jar testing of various phosphorus -removal chemicals to estimate dose requirements is recommended prior to final design should this alternative be pursued further. A simulation conducted at the full permitted design maximum month condition and 12°C suggests that additional tankage is not needed to nitrify under this extreme condition. In this scenario, the ratio of anoxic to aerated volume was decreased as compared to the other simulations presented. Further refinement of zone sizes should be conducted should this alternative be pursued, potentially incorporating anoxic or aerated "swing" zones to account for varied loading conditions. This alternative includes the following elements. a. Modify the Satellite aeration tanks to operate as four separate trains flowing north to south. b. Modify Easton and Satellite aeration tanks with anoxic zones by constructing new baffle walls and installing floating or submersible mixers. Prepared by Strand Associates, Inc ® 28 R:\MAD\Documents\ReportsWrchive\2018\Waterloo, IA\Nutrient Reduction.4463 001 raw feb\Report\Nutrient Reduction Study.docx\032818 Page 189 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study c. Install new nitrate recycle pumps, piping, and controls to recycle nitrified ML from the end of the aerated zone to anoxic zone in each train. d. Remove existing aeration diffusers and replace diffusers in new aerated zones. e- Install CPR system, consisting of four 10,000-gallon chemical storage tanks, chemical feed pumps, chemical feed piping, and Chemical Building. 3. Alternative BNR3—MLE with Sidestream Enhanced BPR Historically, BPR systems such as the A2O process described earlier have relied on a group of PAOs known as Accumulibacter for phosphorus uptake and removal using combinations of anaerobic and aerated zones in the main liquid process train. A more recent development in phosphorus removal is sidestream enhanced BPR using RAS fermentation (Figure 7). In this process, a portion of the RAS (typically 10 to 25 percent) is diverted to a sidestream anaerobic tank with a detention time of 24 to 48 hours (or less with VFA addition) which can select for Tetrasphaera under deep anaerobic conditions [oxidation-reduction potential (ORP) Tess than -300 millivolts (mV)]. Research suggests that Tetrasphaera can ferment higher organic compounds and produce additional VFAs for Accumulibacter to work along -side them. Therefore, it may have an advantage for situations where BPR using the A2O process is carbon -limited, such as the A2O model is predicting in this case. This configuration has also been shown to safeguard against Glycol Accumulating Organisms (GAOs) that compete against PAOs under certain conditions. Other advantages to sidestream enhanced BPR include some additional protection from biomass washout and reduced detention times under peak flow conditions. However, while the mechanisms for this BPR process are currently a subject of significant research, the existing process models do not account for these two discrete PAO populations, and, therefore, process models cannot currently predict treatment performance of this configuration. RAS Fermentation Zone Anaerobic SRT 1-2d Influent 10-25% Nitrate Recycle Ax Aerobic Return Sludge Figure 7 RAS Fermentation Process Diagram tardier } Effluent Based on the industry's experience with RAS fermentation to -date, the design considerations described above (diversion of 10 to 25 percent of RAS to an anaerobic zone with SRT of 24 to 48 hours) have been suggested in the literature. For the City's design average flow of 27.1 mgd and a typical RAS rate equal to the average influent flow, the RAS fermentation zone would be approximately 5.4 MG to provide a 48 hour SRT for 10 percent of the RAS flow. This is approximately equal to one of the existing Satellite VWVfP treatment trains, which each have a volume of approximately 5.8 MG. The remaining tanks would be configured with anoxic zones and aerated zones, similar to the MLE process described earlier. RAS flow would be diverted to Prepared by Strand Associates, Inc ® 29 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IANutrient Reduction 4463.001 raw feb\Report\Nutrient Reduction Study.docx\032818 Page 190 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study the RAS fermentation zone from the RAS headers in the Easton and Satellite RAS Buildings and controlled with pumps and/or flow control valves. Effluent from the RAS Fermentation Zone would flow to the new Primary Effluent Splitter Structure where it would be combined with primary effluent and RAS. A preliminary schematic of this layout is presented in Figure 8. This alternative includes the following elements: a Modify two of the Satellite aeration tanks to operate as two separate MLE trains flowing north to south. b. Modify Easton and two Satellite aeration tanks with anoxic zones by constructing new baffle walls and installing floating or submersible mixers. c. Install new nitrate recycle pumps, piping, and controls to recycle nitrified ML from the end of the aerated zone to the anoxic zone in each train. d. Remove existing aeration diffusers and replace diffusers in new aerated zones. e. Modify two of the Satellite aeration tanks into RAS Fermentation Zones with floating or submersible mixers. Install piping from the Easton and Satellite RAS buildings with pumps and/or flow control valves to feed RAS to the RAS Fermentation Zones. f. Install CPR system, consisting of two 10,000-gallon chemical storage tank, chemical feed pumps, chemical feed piping, and Chemical Building. This will provide backup chemical addition in the event that this process does not operate efficiently. While this process cannot be accurately modeled at this time, simulations were conducted to evaluate the ability of the activated sludge system to meet ammonia and TN targets using only the Easton tanks and two of the Satellite tanks without RAS fermentation. This scenario simulates the operation of these six trains in the MLE arrangement for TN removal without (or prior to) implementation of RAS fermentation. Several loading scenarios and conditions were evaluated as presented in Table 27. At the 2040 projected maximum month condition at 12°C, considered a stressed condition for nitrification, the simulation results predict effluent ammonia below 1.0 mg/L and TN below the target value. At the full permitted average day design loading conditions, effluent ammonia below 1.0 mg/L and TN below the target value was predicted for both 12°C and 16°C simulations. At the full permitted design maximum month condition, the simulated configuration did not completely nitrify at 12°C, with an effluent ammonia concentration of 4.5 mg/L. However, this value is significantly less than the lowest winter monthly average effluent ammonia limit in the current permit of 34.5 mg/L in December. Earlier simulations of the MLE process (presented in Table 26) suggest that the existing tankage could adequately nitrify under these conditions using all of the available tanks for the MLE process. Further evaluation should be conducted following development of process models to evaluate these loading conditions should lower effluent ammonia concentration be required in the future. Prepared by Strand Associates, Inc.® 30 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 191 of 469 DRAFT 6/13/2023 RAS PIPING TO FERMENTATION ZONE LEGEND NEW PIPING EXISTING PIPING MIXED LIQUOR RECYCLE ANAEROBIC ZONE ANOXIC ZONE AERATED ZONE PRIMARY EFFLUENT SPUTTER STRUCTURE RAS PIPING TO PERIMENTATION EOM ALTERNATIVE BNR3 NUTRIENT REDUCTION STUDY CITY OF WATERLOO, IOWA STRAND ASSOCIATES' FIGURE 8 4463.001 • Page 192 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study i 2040 Projection Full Permitted Design Loadings Average Day At 16°C Maximum Month at 12°C Maximum Month at 12°C _ Average Day , At 12°C Influent Parameters Flow, mgd 34.8 27.1 27.1 34.8 BOD5 Load, Ibs/day 42,500 62,800 62,800 88,000 TSS Load, Ibs/day 57,900 56,300 56,300 83,000 TKN Load, Ibs/day 12,000 11,525 11,525 21,050 TP Load, Ibs/day 1,900 2,490 2,490 2,980 Model Effluent Results cBOD5, mg/L 2.3 3.6 3.4 4.1 NH3-N, mg/L 0.5 0.4 0.1 4.5 TN, mg/L (Ibs/day) 19.1 (5,596) 12.6 (2,871) 12.5 (2,848) 27.0 (7,918) TP, mg/L (Ibs/day) 2.3 (669) 2.8 (650) 2.9 (654) 2.3 (678) TSS, mg/L 10.0 12.9 12.6 13.1 Ferric Chloride Dose, gpd 1,700 2,200 2.200 2,400 Activated Sludge Volumetric Loading Rate assuming 35% removal in Primary Clarifiers (lb BOD5/1,000 cf/day) 15.0 22.0 22.0 30.9 Table 27 MLE Process Modeling Summary with CPR —Two Satellite Trains Reserved for RAS Fermentation Zones B. Monetary Comparison Table 28 summarizes the 20-year present worth analysis for each of the BNR alternatives. Additional detail on the present worth analysis is provided in Appendix B. Because the phosphorus removal performance of Altemative BNR3 cannot be predicted using process modeling at this time, the quantity of phosphorus removal chemical (PRC) or VFA that would be required to meet the TP target with this alternative, if any, is unknown. Therefore, operational and maintenance (O&M) costs associated with Altemative BNR3 are estimated as ranges, with the maximum values assuming chemical addition equal to those of Alternative BNR2. For the alternatives that include the diversion of BOD from the anaerobic lagoon to the V VVTP, it is assumed that at a minimum a screening facility would be required on the Satellite influent, and, therefore, the present worth cost of Satellite Screening facility is included with these alternatives. Additionally, these alternatives include the lost revenue from the biogas that would have been generated at the lagoon if this BOD was not diverted, estimated in the range of $0 to $20 per million British Thermal Units (MMBTU), depending on the end -use of the lagoon biogas. C. Nonmonetary Considerations Nonmonetary considerations for each alternative were evaluated and are summarized in Table 29. Prepared by Strand Associates, Inc.® 31 R:\MAD\Documents\ReportsWrchive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 193 of 469 DRAFT 6/13/2023 City of Waterloo. Iowa Table 28 BNR Present Worth Analysis Summary Alternative BNR3 MLE with Sidestream Enhanced BPR 0 o 0 0 VI nj N $820.000I 0 0 0 0 co N 0 00000 0 O N N 0 000 0 el� N 0 0 00 VI- N N N 0 0 0 A N Annual O&M Costs Labor 1 $10,000 1 $10,000 1 $20,000 1 $20.000 I $40.000 1 $40.000 1 $60.000 I $7.000 to 60.000 0 0 00 0 0 00 N COO N N O 0 O O N 63. 000'0Zs 000"OL l$ 010$ 0 0 0 0 m CA 0 O O '1 N N $460,000 to S17,970,000 Summary of Present Worth Costs 0 0 00 0 0 0 4- 01 N N 49 r $460,000 to S17.970.000 0 f0 en �o 00 a 0 a 0 n 07 N 3.N CO Alternative BNR2 MLE Process with CPR O O 0 Ooo O) f7 N 0 O 0 O N N 0 O 0 m m EA O 0 O 00000 CO f7 N O 0 O C) fn N O O 0 0 O O 0 CO CD N, eA M f9 O O O 07 m al 40 000' 099E 000"0LZ$ $170.000 $20.000 O O O O co - i9 O a O a N. 0) r. N 0 0 O O O O o0 P) ao "r m N e9 01 O o 0 r- m r N ' a g O o O a a O Na m r` N N Alternative BNR1f A20 Process with struvite harvesting and PRS fermentation; VFA addition at WWTP O O a O a t0 N S1,290,000 I o o o o f0 'f9 0 0 0 0 f(0 N 0 0 0 0 f(0 N $1,070,000 $5,850,000 o 0 0 0 in 0 N a o 0 0 0 0 0 06 N N 000"04$ 000'04$ o 0 0 m N a 0 a a aa ) N.r. M o 0 0 0 o 0 0 0 34 N 4 0 o o 0 N 0 a 0 N g a o a 0 o o 49 Alternative BNR1e A20 Process with struvite harvesting and PRS fermentation; BOD diversion from lagoon ... ... ... 0 O N ' 69 0 a N fa 0 0 CO N 0...0 ....0 ....0 0 N N N N 0 0 ILO 0-0 00 c- 169 4- N a N 49 N $290.000 $140.000 ... ... ... O 0 a CrK) N N o lO N O 0 a a r. N N .. .. .. 0 0 o a In CA f01 f9 O op.. 0 0 1. co N O Q O 0 0 f. N a 6 O 0 0 f0 .- f9 0 O N 00 a 00. a s a m 0 A E m V N a N Alternative BNR1d A20 Process with struvite harvesting; VFA addition at WWTP 0 000 N N. N 0 0 IOO .- N 0 0 LO') a f9 0 000 m fO N 0 0 COO fO N p Op p0pp 0p O N G M 4 w a o N CO N N 000.0SLS 000.00E$ 000'OE9 000'04$ 0 0 V N 0 0 COO C) o: N 000 Ohh$ 000'0Z9"9l$ $17,360.000 O� , 0 O 0 "' ) 0 0 N M N Alternative BNR1c A20 Process with struvite harvesting; BOD diversion from lagoon 0 0 000 0 COO aj N 0 Q g. oi 0 69 0 0 0 d0' nj IA 00000 a 0 0 N o$ a o 0) N,_ (0 QQ ...N 0fp7 V! fA o a a 0 N N 0 0 o a o0 o 0 M 4- N N 000'OES 000'04$ 0 o o 0 69 N 0 0 O o 0 CO N 0 0 0 0 00 0 o � 3 O N N N $8.070.000 ($1,060.000)� $5.470.000 000'0LE'H$ 0l0$ 0 0 0 Oa a o qM A CO 61 01 N Alternative BNR1a Alternative BNR1b A20 Process with A20 Process with BOD diversion from VFA addition at lagoon WWTP 0 0 0 0 O f9 0 0 0 0 o N 0 0 0 0 C) N 0 0 0 o N S550.000 0 0 0 0 0 0 O N p a $14,810,000 r 000_00Z"Z$ 000'06Z$ 0 0 0 0 0 0 0 N 0 0 0 0 N N 0 0 0 0 1• a N 0 0 0 0 0 0 O O a NIF, 0 0 0 0 — aa ' O g 0 ' 0 0 0 0 N 0) 0 O o O IO0 N $1.520,000 $1,900,000 I 0 O 0 o N CD CO 0 o O 0 N N $1,260,000 rr $6.900,000 1 0 O 0 a r0. N al 0 0 O O o 0 O 0 N CM N 0 0 O O 0 0 0 (Nf7� N 69 N 0 O 0 o f00 N O O O a 4 h o 0 O O O O O O Or N N N $9,140,000 0 0 0 Q O • 0 a a 5 0 0 O 0 0 N ' N 2 0 co) $34,810,000 to $49,900,000 Capital Costs fEquipment/Structure Subtotal N o dy 2 Electrical Heating, ventilation, and air conditioning (HVAC) 30.0' iq fa 1 m o 81 'n v C C D � col m J c 9 Y l3 pc c a U Total Opinion of Capital Costs Power Chemical Additional Sludge Disposal Cost Maintenance and Supplies To 0 Present Worth of O&M j Capital Cost Replacement O&M Cost Salvage Value Satellite Influent Screening 1 Lost Biogas Revenue at Lagoon TOTAL PRESENT WORTH Notes: All costs in 1st Quarter 2018 dollars N O Page 194 of 469 DRAFT 6/13/2023 Nutne nt Reduction Study 1 0 0 0 0 Table 29 Biological Nutrient Removal Nonmonetary Considerations Summary 0 N 0 t0.1 C 2 N O. O 07 E a m 0) d U 0 0' 0 t.. 0 C J C rnv f BPR more challe c rocesses and equipment from undesirable materials in diverted 0) C (0 a N O 0) a U < E O a O • 2 O E a M v 0 a a 0 3 0 c a) c (0 (0 « C L C y C A o I 0 io c c pcp E U 0 A 0 c J 3 d a= n J 2 m c a c c 0 N L 0 N R1 O N 2 O N N N N N y > W U > C C 0 LL 0 0 i a •J 0. Cc�C 0 o 0s mg m c'= N 0 2 0 C R U 2. Zf O 01 2 3 N O L E '-- 0 EN U rn.2 .a nE 1° o 5 m E m .5 N j O D U ; c O 00 C c Oc o O U c � =:� 042.g N C N V .% a U E O c N 0 > C .N 0 N E 0 a 2° C E 0 N E 0. 0 m N N U O C a O LL 01 O 0 E n 5 Cr a O o 3 0 L C L • c N E '0 Y1 C c O y C 0 g y E ` 01 U : E C � � � C N C C U '5'--',', C U N O `o o 2 5 `o `0 J � E o y c c o o • ti 0 c o o im o " � y N d Ol W y > o. C > n iii N O a O N 0 0 To N O U 5 0i5 LL 8 ma ? C 2172 ▪ O v0c , 0 °� zTo v 0.U C 0 U 01 U ..0c U a . N C § O 2 c 3 E 0"x ni E ='K 2 IX o a a' o.0 coo E U 0 y 0 c E v o • c o y 0 .O LL N % as U ▪ EOa C W 0 O C E a 0 0 c • E • E o(a oval without ■ • O c 0. 0 C .0 iW 3 (0 L om a 0 c t.. N N 0) 0 •- m w E oa : U E 0 3 9 9 rc 5 i a d7 m � o0i5 a u L NO Al a m arc Page 195 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study C. Other Capital Improvements Required for Enhanced Nutrient Removal and VVVVfP Consolidation In this section, other capital improvements that are recommended if enhanced nutrient removal or increased capacity were to be required are presented. Improvements identified as recommendations for those purposes does imply that the City is consenting to implement these improvements at this time. As described earlier, the Satellite and Easton VVVVfPs are currently designed to operate as separate systems, each with their own influent pumps, activated sludge tanks, aeration systems, and final clarifiers. The City currently treats wastewater from both the Satellite and Easton collection systems using only the Easton VVVVTP activated sludge system because operating the two systems in parallel is inefficient and add significant operational complexity. It is also challenging to bring the Satellite VVVVTP online intermittently during periods of high flow/load, which would require ML to be manually transferred from the Easton tanks to the Satellite tanks, and for a second and significantly different activated sludge process to be initiated while biological treatment is under stress. For these reasons, it is recommended that the operations of the two facilities be combined into one common WVVTP using infrastructure from both VVVVTPs. The proposed configuration would combine the Easton and Satellite flows prior to grit removal, and the existing activated sludge systems would be modified to operate as parallel sets of tanks using the same biological treatment process as indicated earlier. However, other capital improvements beyond those identified in the BNR alternatives would be required to consolidate the VVVVTP operation. This section describes these additional capital improvements that are required to implement the BNR alternatives. 1. Preliminary and Primary Treatment Improvements The Satellite influent does not currently undergo preliminary or primary treatment and is discharged either directly to the Satellite activated sludge system or to the Easton activated sludge system (current operation). Because the Satellite activated sludge system is approximately 5 feet higher in elevation than the Easton activated sludge system, gravity flow of a combined influent to the two systems is not possible without hydraulic modifications to the existing primary clarifiers and splitter structure. Improvements to the preliminary and primary treatment facilities to consolidate the WWTPs are as follows (see Figure 9): a Replace Easton and Satellite influent pumps. b. Modify Satellite influent pump discharge piping to allow discharge upstream of grit removal, to the Primary Clarifier Splitter Box, and to the primary effluent splitter structure. Provide new flow measurement and sampling for Satellite influent. c. Add larger opening with sluice gate between Easton and Satellite influent wet wells to allow wetwells to operate as one. d. Modify grit influent channel to reduce grit settling. e. Replace grit collector mechanisms. f. Replace grit pumps and associated piping. Prepared by Strand Associates, Inc ® 34 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463.001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 196 of 469 VMOI `OO1831VM O Al1O AOf11S N0Ilo1103e11N3II1f1N S.N3W3/NOHdWl 1N3W.V32I1 A21VWIad ONV AHIVNIWI1321d DRAFT 6/13/2023 ►z1 7 ¢- V~1 a 01E ia W SI c�i LL1 Page 197 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study g. Replace grit classifier with two grit washers. h. Install additional primary influent pipe between grit removal effluent channel and primary clarifier splitter structure to increase hydraulic capacity to 64 mgd. Modify grit effluent piping and equalization basin downward opening weir control in degritter effluent channel. Raise the walls and channels of the primary clarifiers and splitter structure approximately 5 feet to increase the water surface elevation in the primary clarifiers by approximately 5 feet. Replace primary clarifier mechanisms and weirs. k. Convert existing Easton Anoxic Selector Basin into primary effluent splitter structure to split flow between the Satellite and Easton activated sludge systems. Install new piping from splitter structure to Satellite activated sludge system. 2. Replacement of Aeration Blowers and Automation of Air Piping Cross -Connection Air for the activated sludge system is currently provided by eight 800 horsepower (hp) multi -stage centrifugal blowers with nominal capacities of 10,500 standard cubic feet per minute (scfm) each. The City currently operates only one or two of these blowers under normal conditions. During periods of low flow and load these blowers do not provide the desired turndown, resulting in high dissolved oxygen concentrations in the ML that is recycled to the anoxic zones. Newer blower technologies, such as high speed turbo blowers and single -stage centrifugal blower, are more energy efficient and would provide better turndown than the existing blowers. Based on the projected 2040 maximum month loading conditions, 1.1 Ib 02/lb BOD, and 4.6 Ib 02/Ib TKN, an estimated oxygen transfer efficiency of 16 percent, and a diurnal peaking factor of 1.5, the air required for the activated sludge system is approximately 38,600 scfm. This conservative estimate does not account for the oxygen recovered from the recycled ML. Based on the process modeling presented earlier, a total airflow of approximately 14,600 scfm (22,000 scfm with a 1.5 diurnal peaking factor) is required to maintain a dissolved oxygen concentration of 2.0 mg/L in the aerated zones of the MLE process under the projected 2040 maximum month loading conditions. Under the full permitted combined design loading conditions (influent BOD of 88,000 Ibs/day and TKN of 21,050 Ibs/day), the air required for the activated sludge system based on the theoretical oxygen demand is approximately 73,000 scfm, which is similar to the total installed blower capacity. The influent BOD loading under this condition is similar to what the influent load to the VWVTPs would be if the anaerobic lagoon were offline. It is recommended that four of the existing centrifugal blowers are replaced to improve energy efficiency and turndown while providing the oxygen for the simulated maximum month condition. For planning purposes, four 10,000 scfm high speed turbo blowers are included in the recommended plan. It is also recommended the remaining four multistage centrifugal blowers are maintained to provide the additional air required for the full permitted design loading condition or should the anaerobic lagoon be offline for a period. In addition, new blower controls based on Prepared by Strand Associates, Inc.® 35 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw.feb\Report\Nutrient Reduction Study docx\032818 Page 198 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study dissolved oxygen are recommended in all activated sludge basins. Automation is also included for the cross -connection between the existing Easton and Satellite aeration systems to allow the two aeration systems to operate as a combined system. 3. Final Clarifier Mechanism Replacement The recommended BNR improvements and WWTP consolidation will allow the City to better use the existing final clarifiers, which is anticipated to improve clarifier performance. However, the Satellite final clarifiers have been out of service for several years and it is anticipated that some work will be required to bring them back into service. In addition, City staff indicates that one of the Easton final clarifier mechanisms has become out of plumb and will likely require repair or replacement in the near future. Based on this, the recommended near -term improvements include a budgetary cost to replace two clarifier mechanisms. This cost is also anticipated to cover the cost of repairs should several clarifier mechanisms require less extensive repairs rather than full mechanism replacement. 4. Final Clarifier Cross -Connection and Flow Distribution Improvements As discussed earlier, the Satellite and Easton activated sludge systems are completely separated, not allowing for final clarifiers to be used without using the associated activated sludge system. To improve clarifier capacity following WWTP consolidation, a cross -connection between the two systems upstream of the final clarifiers is recommended to provide the ability to transfer ML from the Satellite WWTP to the Easton WWTP. In addition, modifications to the existing final clarifier flow splitter boxes for both WWTPs are recommended to improve flow distribution and control. These splitter boxes, including the cross -connection piping and downward opening weir gate with ultrasonic flow measurement to control the transfer of ML from the Satellite WWTP to the Easton WWTP, would be extensions of the existing splitter boxes and ML recycle wet wells. 5. New Effluent Flow Metering Structure Currently, secondary effluent from the Satellite and Easton WWTPs are measured separately using Parshall flumes at two different locations on -site. The existing Satellite secondary effluent flume is not adequately sized to measure the portion of the future combined WWTP flow that would be treated using the Satellite activated sludge tanks, requiring modifications to the existing means of effluent flow measurement. While the Easton secondary effluent flume is large enough to measure the portion of the future combined WWTP that would be treated using the Easton activated sludge system, it is not large enough to be used to measure the combined flows from the Easton and Satellite activated sludge systems. Therefore, the construction of a larger Parshall flume to measure the secondary effluent from both the Satellite and Easton activated sludge systems is proposed in the vicinity of the existing Easton effluent flume. 6. BFP Filtrate Equalization Currently, the filtrate from the digested sludge dewatering process is discharged to a return flow pipe that discharges directly to the Easton influent pipe. As presented earlier, the return flows from the dewatering process are high in ammonia, which results in slug loads to the WWTP during Prepared by Strand Associates, Inc.® 36 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction.4463 001 raw feb\Report\Nutrient Reduction Study docx\032818 Page 199 of 469 DRAFT 6/13/2023 City of Waterloo. Iowa Nutrient Reduction Study dewatering operation. Furthermore, if BPR is implemented at the WWTP, the phosphorus content of the filtrate will increase significantly as more phosphorus is released in the anaerobic digesters. To reduce the impact of these slug loadings on the WWTP, a new filtrate equalization tank is recommended to store filtrate (or centrate) from the dewatering process and slowly return it to the head of the WWTP. This tank consists of a 0.25 MG below -grade concrete structure, which would provide storage for more than one day of filtrate, as well as a submersible pumping station to allow a controlled discharge of this filtrate to the head of the WWTP. For planning purposes, it is assumed that this equalization tank would be located near the Dewatering Building and the drain piping that carries the filtrate from the building would be modified to discharge to the equalization tank. 7. Expansion of WAS Storage The existing WAS storage volume of approximately 269,000 gallons provides less than a day of storage based on the current average WAS rate of over 360,000 gallons per day. This requires WWTP staff to reduce wasting rates over the weekend when the GBTs are not operating, significantly limiting operational control. It is recommended that additional WAS storage is provided, so that the total storage volume will exceed three days of storage at the anticipated wasting rate. The existing WAS storage tanks are located adjacent to an old final clarifier that has been out of service since the Easton WWTP was constructed. Converting this final clarifier tank to WAS storage would provide an additional 1.2 MG. This would bring the total WAS storage volume to approximately 1.5 MG, or over four days of storage at the current WAS rate. Conversion of this final clarifier to WAS storage includes the following elements: a Demolition of existing clarifier mechanism and effluent trough. Abandon existing ML and secondary effluent piping to and from clarifier. b. Addition of new WAS piping from WAS Building to WAS storage tanks. c. Addition of new diffusers, aeration blower, and associated air piping. d. Replacement of Thickener Feed Pumps. e. Modifications to WAS and Thickener Feed Pump piping in WAS Building to allow pumping of WAS to and from new WAS Storage Tanks. IMPLEMENTATION AND BUDGETARY CONSIDERATIONS Because of the emergence of BNR technologies such as the sidestream enhanced biological phosphorus removal (EBPR) (Altemative BNR3) that are anticipated to result in significantly less chemical and energy use compared to CPR, a phased approach would allow further development and optimization of BNR at the WWTP at a lower operating cost than CPR. This approach would also provide flexibility to incorporate CPR. In addition, the City has several planned projects to improve facility performance which will require the commitment of significant funds as noted below: Prepared by Strand Associates, Inc.® 37 R:\MAD\Documents\Reports\Archive\2016\Waterloo, IA\Nutrient Reduction 4463 001 raw.feb\Report\Nutrient Reduction Study docx\032616 Page 200 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study • WVVTP Improvements Not Attributed to Nutrient Removal o Near Term Improvements (2018 to 2023): $18.5 million o Mid Term (2023-2028): $30 million • Collection System Condition and Capacity Related Improvements: O 2018 to 2020: $15.1 million O 2021 to 2023: $22.3 million O 2024 to 2026: $16.6 million (pending further review) O 2027 to 2029: $ 12.6 million (pending further review) O 2030 to 2032: $6.4 million (pending further review) Because of the significant capital funds already planned toward improving facility performance, a phased approach is appropriate to reduce the financial burden on the City's rate payers in the near future. A. Near -Term Improvements —Demonstrate and Optimize BNR Based on the capital and present worth cost evaluation presented in Table 28, Alternative BNR3 is the least costly alternative for enhanced nutrient removal. This is an emerging process that has shown promise for successful BPR for wastewaters that are carbon -limited for conventional BPR processes, but the ability to meet the City's nutrient targets cannot be predicted with current process models. Because of this, providing several years to implement and optimize the process as industry experience grows will allow the City to determine the potential for the process to achieve its effluent nutrient targets without significant chemical addition. The opinion of probable construction costs for the improvements necessary to implement nutrient removal at the WWTP are presented in Table 30. As mentioned earlier, approximately $18.5 million in additional near -term capital improvements have been identified to address other needs at the WWTP, including improvements to biosolids handling facilities and beneficial use of digester gas. Prepared by Strand Associates, Inc.® 38 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001,raw feb\Report\Nutrient Reduction Study docx\032918 Page 201 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study Component Equipment/Structures Preliminary and Primary Treatment Improvements; Raise Primary Clarifiers BNR3—MLE with Sidestream Enhanced BPR Blower replacement Final Clarifier Mechanism Replacement Opinion of Probable Capital Cost $4,200,000 Final Clarifier cross connection and flow distribution improvements Return flow and secondary effluent metering Expansion of WAS Storage, replacement of WAS storage pumps and aeration system BFP Filtrate Equalization Piping and Mechanical Electrical Sitework HVAC Contractors' General Conditions Contingencies and Technical Services TOTAL OPINION OF CAPITAL COSTS Note: All costs are in 1st quarter 2018 dollars $2,320,000 $3,240,000 $430,000 $1,000,000 $430,000 $920,000 $500,000 $4,790,000 _ $2,850,000 $890,000 $760,000 I $2,230,000 Table 30 Recommended Near -Term Improvements for Nutrient Removal $12,280,000 $36,840,000 B. Mid -Term Recommendations —Evaluate Struvite Recovery, Evaluate CPR if necessary Following BNR optimization, it is recommended that the City evaluate the necessity and potential benefits of adding a process to recover struvite from the anaerobic digester sludge of filtrate/centrate. While the City does not currently experience nuisance struvite formation in its anaerobic digesters, successful implementation of BPR would increase the phosphorus content of the biosolids and potentially lead to the formation of struvite in the digester heating system, mixers, digester tanks, or downstream processes, including BFP filtrate equalization and pumping. As presented earlier, struvite recovery is anticipated to improve phosphorus removal and may allow the City to achieve its nutrient reduction targets if they are not achieved by BPR alone. Further evaluation of the combination of sidestream EBPR and struvite recovery is recommended following implementation of Alternative BNR3. It is anticipated that the construction of a struvite recovery system would cost approximately $6 million assuming a sludge -based sequestration system and including technical services. Additional CPR should also be evaluated at this time. SEWER BUDGET IMPACT The total opinion of capital costs for the near -term improvements is approximately $55.3 million (1st Quarter 2018 dollar basis). Projecting this amount to an anticipated 4th Quarter 2019 bid date, and Prepared by Strand Associates, Inc ® 39 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study.docx\032818 Page 202 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Nutrient Reduction Study applying a construction inflation rate of 3 percent annually, the anticipated total project costs are approximately $58.3 million. The WWTP improvements are anticipated to be financed through Iowa's State Revolving Fund (SRF) loan program. The SRF program provides 0 percent interest financing for planning and design services for up to three years that can be rolled into the SRF construction loan. Construction loans are offered at 1.75 percent interest, typically for 20-year terms. In addition to the 1.75 percent interest loan, an administrative fee of 0.25 percent is added each year to the outstanding principal balance for administering the loan. Also, an additional 0.5 percent of the loan amount (up to $100,000) is included as a loan initiation fee. Assuming a total loan amount of $58.3 million, plus the initiation fee of $100,000, the annual debt service payment is expected to be approximately $3.6 million. If the digester gas utilization improvements are not included in the near -term project, the annual debt service payment is expected to decrease to approximately $3.2 million (total loan amount of $51.3 million in 4th Quarter 2019 dollars). A preliminary analysis was conducted to estimate the impact of the near -term improvements on the WWTP budget. Although many components of the identified improvements are more energy efficient that current WWTP operation, particularly the replacement of the activated sludge blowers which can account for over half of the energy of the WWTP, this analysis was conducted assuming there would be no change in annual O&M costs. While the improvements would likely result in overall O&M savings, the assumptions used in this analysis provide a conservative estimate of the impact on the sewer budget. Table 31 presents a preliminary budget impact summary of the near -term improvements with and without the capital improvements necessary for the production of pipeline quality gas. A more detailed analysis of plant operation following the near -term improvements as well as a user charge study is recommended to further evaluate the impact on sewer user rates. Component Opinion of Probable Capital Cost1 Anticipated Annual Debt Service Payment2 Annual Revenue from Digester Gas3 Near -Term Near -Term Improvements Improvements Without With Pipeline Quality Pipeline Quality Gas Gas Improvements Improvements $58,300,000 $51,300,000 $3,600,000 $3,200,000 ($1,200,000) $0 Net Debt Service Payment _ $2,400,000 $3,200,000 14th Quarter 2019 Bid 220-year loan at 1 75 percent interest, 0.25 percent administration fee, and $100,000 loan initiation fee 3Net revenue for Alternative DG2 as presented in Wastewater Facilities Plan Table 31 WWTP Budget Impact Summary for Near -Term Improvements Prepared by Strand Associates, Inc® 40 R:\MAD\Documents\Reports\Archive\2018\Waterloo, IA\Nutrient Reduction 4463 001 raw.feb\Report\Nutrient Reduction Study docx\032916 Page 203 of 469 DRAFT 6/13/2023 City of Waterloo. Iowa Nutrient Reduction Study The City conducted a preliminary analysis of the impact on sewer rates for the projects described in this report as presented in the next section. FINANCIAL INFORMATION Substantial rate increases would be required to implement the projects outlined in the Nutrient Reduction Study, in addition to the projects currently underway that are required by the Consent Decree. Projected rate increases to fund the additional required debt service are outlined below. Additional Debt Rate Service Required Increase Fiscal Year Annually Required FYE2021 $1,200,000 13% FYE2022 $1,200,000 10% FYE2023 $1,150,000 9% FYE2024 $1,100,000 8% FYE2025 $1,100,000 7% FYE2026 $600,000 4% Totals $6,350,000 57% These improvements would require rate increases totaling 51 percent over the six years of implementation. The City has a very diverse population. The sewer costs for the largest minority group would exceed 1.5 percent of median household income beginning in 2022 and could exceed it by as much as 36 percent by 2026. The City has large industrial users that would be negatively impacted by these rate increases. If the largest user reduced their water/sewer use by 30 percent, the rate increases applied to all customers outlined above would need to double to cover the annual debt service payments. That would cause the sewer cost for all population groups to exceed 1.5 percent of median household income for all years. Additional Debt Rate Service Required Increase Fiscal Year Annually Required FYE2021 $1,200,000 26% FYE2022 $1,200,000 20% FYE2023 $1,150,000 18% FYE2024 $1,100,000 16% FYE2025 $1,100,000 14% FYE2026 $600,000 8% Totals $6,350,000 114% Prepared by Strand Associates, Inc.® 41 R:\MAD\Documents\Reports\Archive12018\Waterloo, IA\Nutrient Reduction 4463 001 raw feb\Report\Nutrient Reduction Study docx\032918 Page 204 of 469 DRAFT 6/13/2023 APPENDIX A NPDES PERMIT Page 205 of 469 DRAFT 6/13/2023 IOWA DEPARTMENT OF NATURAL RESOURCES National Pollutant Discharge Elimination System (NPDES) Permit OWNER NAME & ADDRESS FACILITY NAME & ADDRESS CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 IOWA NPDES PERMIT NUMBER: 0790001 DATE OF ISSUANCE: 04/01/2016 DATE OF EXPIRATION: 03/31/2021 WATERLOO CITY OF STP 3505 EASTON AVENUE WATERLOO, IA 50702 Section 31, T89N, R12W Black Hawk County YOU ARE REQUIRED TO FILE FOR RENEWAL OF THIS PERMIT BY: 10/02/2020 EPA NUMBER: IA0042650 This permit is issued pursuant to the authority of section 402(b) of the Clean Water Act (33 U.S.0 1342(b)), Iowa Code section 455B.174, and rule 567-64.3, Iowa Administrative Code. You are authorized to operate the disposal system and to discharge the pollutants specified in this permit in accordance with the effluent limitations, monitoring requirements and other terms set forth in this permit. You may appeal any condition of this permit by filing a written notice of appeal and request for administrative hearing with the director of this department within 30 days of your receipt of this permit. Any existing unexpired Iowa operation permit or Iowa NPDES permit previously issued by the department for the facility identified above is revoked by the issuance of this permit. This provision does not apply to any authorization to discharge under the terms and conditions of a general permit issued by the department or to any permit issued exclusively for the discharge of stormwater. FOR THE DEPARTMENT OF NATURAL RESOURCES By Brandy Beavers NPDES Section ENVIRONMENTAL SERVICES DIVISION Outfall No.: 001 EASTON AVENUE ACTIVATED SLUDGE WASTEWATER TREATMENT FACILITY. Receiving Stream: CEDAR RIVER hops://programs.iowadnr.gov/wwpie/Default.aspx?cmd=Send FileCommand&DownloadType=1&Permitattachmentid=9B24 6/22/16, 6:05 PM Page 1 of 19 Page 206 of 469 DRAFT 6/13/2023 Route of Flow: CEDAR RIVER Class A I waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Outfall No.: 004 BYPASS LOCATED AT THE HACKETT ROAD LIFT STATION. Receiving Stream: UNNAMED CREEK Route of Flow: UNNAMED CREEK TO CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(W W I) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Outfall No.: 008 SATELLITE ACTIVATED SLUDGE WASTEWATER TREATMENT FACILITY. Receiving Stream: CEDAR RIVER Route of Flow: CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Outfall No.: 009 BYPASS AT SHORELINE OVERFLOW WHEN STREAM FLOW IS LESS THAN 8500 CFS (USGS GAGE 05464000) Receiving Stream: CEDAR RIVER Route of Flow: CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Outfall No.: 010 BYPASS AT EQUALIZATION BASIN OVERFLOW Receiving Stream: CEDAR RIVER Route of Flow: DRAINAGE DITCH TO CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW l) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Outfall No.: 011 TOTAL TREATMENT FACILITY SHORELINE DISCHARGE- STREAM FLOW IS GREATER THAN OR EQUAL hops://programs.iowadnr.gov/wwpie/Default,aspx?cmd=SendFileCommand&DawnioadType=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 2 of 19 Page 207 of 469 DRAFT 6/13/2023 TO 8500 CFS (USGS GAGE 9540000) Receiving Stream: CEDAR RIVER Route of Flow: CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Outfall No.: 801 TOTAL TREATMENT FACILITY DIFFUSER DISCHARGE. Receiving Stream: CEDAR RIVER Route of Flow: CEDAR RIVER Class Al waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally include border rivers, large interior rivers, and the lower segments of medium -size tributary streams. Waters designated Class H H are those in which fish are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption. Bypasses from any portion of a treatment facility or from a sanitary sewer collection system designed to carry only sewage are prohibited. Effluent Limitations: You are prohibited from discharging pollutants except in compliance with the following effluent limitations: 001 EASTON AVENUE ACTIVATED SLUDGE WASTEWATER TREATMENT FACILITY. Outfall: 001 Effective Dates: 04/01/2016 to 03/31/2021 Parameter' Season Uinta= Limits TOTAL SUSPENDED SOLIDS Yearly 7 Day Average 45 MG/L Yearly 30 Day Average 30 MG/L 008 SATELLITE ACTIVATED SLUDGE WASTEWATER TREATMENT FACILITY. Outfall: 008 Effective Dates: 04/01/2016 to 03/31/2021 Parameter Season Limit Type TOTAL SUSPENDED SOLIDS Limits https://programs.lowadnr.gov/wwpie/Default.aspx?cmd=Send FileCommand&DownloadType=1&Permitattachmentid=9824 6/22/16, 6 05 PM Page 3 of 19 Page 208 of 469 DRAFT 6/13/2023 Yearly 7 Day Average 45 MG/L Yearly 30 Day Average 30 MG/L 011 TOTAL TREATMENT FACILITY SHORELINE DISCHARGE- STREAM FLOW IS GREATER THAN OR EQUAL TO 8500 CFS (USGS GAGE 05464000) Outfall: 011 Effective Dates: 04/01/2016 to 03/31/2021 Parameter Season Limit Type Limits BIOCHEMICAL OXYGEN DEMAND (BOD5) 85% Removal Required Yearly 7 Day Average 45 MG/L 13060 LBS/DAY Yearly 30 Day Average 30 MG/L 8707 LBS/DAY TOTAL SUSPENDED SOLIDS 85% Removal Required Yearly 7 Day Average 13060 LBS/DAY Yearly 30 Day Average 8707 LBS/DAY NITROGEN, TOTAL (AS N) Yearly 30 Day Average 9285.5 LBS/DAY Yearly Daily Maximum 15199.0 LBS/DAY PH Yearly Daily Maximum 9.0 STD UNITS Yearly Minimum 6.0 STD UNITS E. COLI MAR Geometric Mean 126 #/100 ML APR Geometric Mean 126 #/100 ML MAY Geometric Mean 126 #/100 ML JUN Geometric Mean 126 #/100 ML JUL Geometric Mean 126 #/100 ML AUG Geometric Mean 126 #/100 ML SEP Geometric Mean .126 #/100 ML OCT Geometric Mean 126 #/100 ML NOV Geometric Mean 126 #/100 ML ACUTE TOXICITY, CERIODAPHNIA Yearly Daily Maximum 1 NO TOXICITY ACUTE TOXICITY, PIMEPHALES !Yearly 1Daily Maximum 1 NO TOXICITY Outfall: 011 Effective Dales: 04/01/2016 to 03/31/2021 Parameler Sesser{! Limit Tvp Limits AMMONIA NITROGEN (N) hops://programs.iowadnr.gov/wwpie/Default,aspx?cmd=SendFileCommand&DownloadType=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 4 of 19 Page 209 of 469 DRAFT 6/13/2023 JAN 30 Day Average 104.2 MG/L 17791 LBS/DAY JAN Daily Maximum 104.2 MG/L 17791 LBS/DAY FEB 30 Day Average 120.6 MG/L 20091 LBS/DAY FEB Daily Maximum 120.6 MG/L 20091 LBS/DAY MAR 30 Day Average 88.6 MG/L 15404 LBS/DAY MAR Daily Maximum 88.6 MG/L 15404 LBS/DAY APR 30 Day Average •66.5 MG/L 12343 LBS/DAY APR Daily Maximum 66.5 MG/L 12343 LBS/DAY MAY 30 Day Average 65.8 MG/L 12146 LBS/DAY MAY Daily Maximum 65.8 MG/L 12146 LBS/DAY JUN 30 Day Average 64.8 MG/L 10079 LBS/DAY JUN Daily Maximum 64.8 MG/L 11864 LBS/DAY JUL 30 Day Average 73.0 MG/L 12696 LBS/DAY JUL Daily Maximum 73.0 MG/L 13673 LBS/DAY AUG 30 Day Average 62.2 MG/L 11578 LBS/DAY AUG Daily Maximum 62.2 MG/L 11846 LBS/DAY SEP 30 Day Average 76.5 MG/L 11693 LBS/DAY SEP Daily Maximum 78.2 MG/L 14193 LBS/DAY OCT 30 Day Average 77.1 MG/L 13895 LBS/DAY OCT Daily Maximum 77.1 MG/L 13895 LBS/DAY NOV 30 Day Average 65.1 MG/L 11956 LBS/DAY NOV Daily Maximum 65.1 MG/L 11956 LBS/DAY DEC 30 Day Average 77.5 MG/L 13992 LBS/DAY DEC Daily Maximum 77.5 MG/L 13992 LBS/DAY 801 TOTAL TREATMENT FACILITY DIFFUSER DISCHARGE. Outfall: 801 Effective Dates: 04/01/2016 to 03/31/2021 Parameter Season Limit Type Limits BIOCHEMICAL OXYGEN DEMAND (BOD5) 85% Removal Required Yearly 7 Day Average '45 MG/L 13060 LBS/DAY Yearly 30 Day Average 30 MG/L 8707 LBS/DAY TOTAL SUSPENDED SOLIDS 85% Removal Required Yearly 7 Day Average 13060 LBS/DAY Yearly 30 Day Average 8707 LBS/DAY NITROGEN, TOTAL (AS N) Yearly 30 Day Average 9285.5 LBS/DAY Yearly Daily Maximum 15199.0 LBS/DAY PH Yearly Daily Maximum 9.0 STD UNITS Yearly Minimum 6.0 STD UNITS E. COLI MAR Geometric Mean 126 #/100 ML APR Geometric Mean 126 #/100 ML MAY Geometric Mean 126 #/100 ML JUN Geometric Mean 126 #/100 ML JUL Geometric Mean 126 #/100 ML AUG Geometric Mean 126 #/100 ML SEP Geometric Mean 126 #/100 ML OCT Geometric Mean 126 #/100 ML NOV Geometric Mean 126 #/100 ML ACUTE TOXICITY, CERIODAPHNIA Yearly Daily Maximum 1 NO TOXICITY ACUTE TOXICITY, PIMEPHALES https://programs.iowadnr.gov/wwpie/Default,aspx?cmd=SendFileCommand&Download Type=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 5of19 Page 210 of 469 DRAFT 6/13/2023 Yearly Daily Maximum l NO TOXICITY Outfall: 801 Effective Dales: 04/01/2016 to 03/31/2021 EarameterlSeason Limit Type Limits AMMONIA NITROGEN (N) JAN 30 Day Average 46.5 MG/L 7708 LBS/DAY JAN Daily Maximum 97.8 MG/L 16824 LBS/DAY FEB 30 Day Average 52.9 MG/L 8750 LBS/DAY FEB Daily Maximum 112.9 MG/L 18934 LBS/DAY MAR 30 Day Average 23.2 MG/L 3868 LBS/DAY MAR Daily Maximum 83.3 MG/L 14602 LBS/DAY APR 30 Day Average 16.2 MG/L 2733 LBS/DAY APR Daily Maximum 62.9 MG/L 11801 LBS/DAY MAY 30 Day Average 13.7 MG/L 2306 LBS/DAY MAY Daily Maximum 62.2 MG/L 11348 LBS/DAY JUN 30 Day Average 8.8 MG/L 1516 LBS/DAY JUN Daily Maximum 50.5 MG/L 6791 LBS/DAY JUL 30 Day Average 10.7 MG/L 1751 LBS/DAY JUL Daily Maximum 40.3 MG/L 5369 LBS/DAY AUG 30 Day Average 9.7 MG/L 1597 LBS/DAY AUG Daily Maximum 44.1 MG/L 5892 LBS/DAY SEP 30 Day Average 10.2 MG/L 1738 LBS/DAY SEP Daily Maximum 46.3 MG/L 6182 LBS/DAY OCT 30 Day Average 23.3 MG/L 3885 LBS/DAY OCT Daily Maximum 72.7 MG/L 13233 LBS/DAY NOV 30 Day Average 29.1 MG/L 4853 LBS/DAY NOV Daily Maximum 61.5 MG/L 11415 LBS/DAY DEC 30 Day Average 34.5 MG/L 5738 LBS/DAY DEC Daily Maximum 73.1 MG/L 13330 LBS/DAY Monitoring and Reporting Requirements (a) Samples and measurements taken shall be representative of the volume and nature of the monitored wastewater. (b) Analytical and sampling methods specified in 40 CFR Part 136 or other methods approved in writing by the department shall be utilized. Samples collected for operational testing need not be analyzed by approved analytical methods; however, commonly accepted test methods should be used. (c) You are required to report all data including calculated results needed to determine compliance with the limitations contained in this permit. The results of any monitoring not specified in this permit performed at the compliance monitoring point and analyzed according to 40 CFR Part 136 shall be included in the calculation and reporting of any data submitted in accordance with this permit. This includes daily https://programs,iowadnr,gov/wwpie/Detault.aspx?cmd=Send FileCommand&DownloadType=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 6of19 Page 211 of 469 DRAFT 6/13/2023 maximums and minimums and 30-day and 7-day averages for all parameters that have concentration (mg/1) and mass (lbs/day) limits. In addition, flow data shall be reported in million gallons per day (MGD). (d) Results of all monitoring shall be recorded on forms provided by, or approved by, the department, and shall be submitted to the appropriate regional field office of the department by the fifteenth day following the close of the reporting period. Your reporting period is on a ANNUAL basis, ending on the last day of each reporting period. (e) Any records of monitoring activities and results shall include for all samples: the date, exact place and time of the sampling; the dates the analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. (f) Chapter 63 of the Iowa Administrative Code contains further explanation of these monitoring requirements. Outfa Wastewater Parameter 11 Sample Frequency Sample Type The following monitoring requirements shall be in effect from 04/01/2016 to 03/31/2021 001 BIOCHEMICAL OXYGEN DEMAND 7/WEEK OR DAILY (SODS) 001 FLOW 7/WEEK OR DAILY 001 NITROGEN, TOTAL (AS N) 1 TIME PER WEEK 001 NITROGEN, TOTAL KJELDAHL (AS I EVERY 2 WEEKS N) 001 PH 7/WEEK OR DAILY 001 PHOSPHORUS, TOTAL (AS P) 1 TIME PER WEEK 001 TEMPERATURE 7/WEEK OR DAILY 001 TOTAL SUSPENDED SOLIDS 7/WEEK OR DAILY 001 CBODS 7/WEEK OR DAILY Monitoring Location 24 HOUR COMPOSITE RAW WASTE 24 HOUR TOTAL RAW WASTE 24 HOUR COMPOSITE RAW WASTE 24 HOUR COMPOSITE RAW WASTE GRAB 24 HOUR COMPOSITE GRAB 24 HOUR COMPOSITE 24 HOUR COMPOSITE 001 TOTAL SUSPENDED SOLIDS 7/WEEK OR DAILY 24 HOUR COMPOSITE 001 SETTLEABLE SOLIDS 7/WEEK OR DAILY GRAB 001 ALKALINITY, TOTAL (AS CACO3) 2 TIMES PER WEEK GRAB 001 PH 001 TEMPERATURE 001 VOLATILE ACIDS 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 001 ALKALINITY, TOTAL (AS CACO3) 2 TIMES PER WEEK GRAB 001 PH 001 TEMPERATURE 001 VOLATILE ACIDS 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 001 ALKALINITY, TOTAL (AS CACO3) 2 TIMES PER WEEK GRAB 001 PH 001 TEMPERATURE 001 VOLATILE ACIDS 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 001 ALKALINITY, TOTAL (AS CACO3) 2 TIMES PER WEEK GRAB RAW WASTE RAW WASTE RAW WASTE RAW WASTE EFFLUENT PRIOR TO DISINFECTION EFFLUENT PRIOR TO DISINFECTION EFFLUENT AFTER FINAL CLARIFIER ANAEROBIC DIGESTER 6 CONTENTS ANAEROBIC DIGESTER 6 CONTENTS ANAEROBIC DIGESTER 6 CONTENTS ANAEROBIC DIGESTER 6 CONTENTS ANAEROBIC DIGESTER 5 CONTENTS ANAEROBIC DIGESTER 5 CONTENTS ANAEROBIC DIGESTER 5 CONTENTS ANAEROBIC DIGESTER 5 CONTENTS ANAEROBIC DIGESTER 4 CONTENTS ANAEROBIC DIGESTER 4 CONTENTS ANAEROBIC DIGESTER 4 CONTENTS ANAEROBIC DIGESTER 4 CONTENTS ANAEROBIC DIGESTER 3 https://programs.iowadnr.gov/wwpie/Default.aspx?cmd=SendFileCommand&Download Type=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 7of19 Page 212 of 469 DRAFT 6/13/2023 001 PH 001 TEMPERATURE 001 VOLATILE ACIDS Outfall Wastewater Parameter The foll 001 ALKALINITY, TOTAL (AS CACO3) 001 PH 001 TEMPERATURE 001 VOLATILE ACIDS 001 ALKALINITY, TOTAL (AS CACO3) 001 PH 001 TEMPERATURE 001 VOLATILE ACIDS 001 30-MINUTE SETTLEABILITY 001 DISSOLVED OXYGEN 001 SOLIDS, MIXED LIQUOR SUSPENDED 001 TEMPERATURE 001 30-MINUTE SETTLEABILITY 001 DISSOLVED OXYGEN 001 SOLIDS, MIXED LIQUOR SUSPENDED 001 TEMPERATURE 001 30-MINUTE SETTLEABILITY 001 DISSOLVED OXYGEN 001 SOLIDS, MIXED LIQUOR SUSPENDED 001 TEMPERATURE 001 30-MINUTE SETTLEABILITY 001 DISSOLVED OXYGEN 001 SOLIDS, MIXED LIQUOR SUSPENDED 001 TEMPERATURE 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB CONTENTS ANAEROBIC DIGESTER 3 CONTENTS ANAEROBIC DIGESTER 3 CONTENTS ANAEROBIC DIGESTER 3 CONTENTS Sample Frequency Sample Type Monitoring Location owing monitoring requirements shall be in effect from 04/01/2016 to 03/31/2021 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 2 TIMES PER WEEK GRAB 5 TIMES PER WEEK GRAB 5 TIMES PER WEEK GRAB 5 TIMES PER WEEK GRAB ANAEROBIC DIGESTER 2 CONTENTS ANAEROBIC DIGESTER 2 CONTENTS ANAEROBIC DIGESTER 2 CONTENTS ANAEROBIC DIGESTER 2 CONTENTS ANAEROBIC DIGESTER 1 CONTENTS ANAEROBIC DIGESTER 1 CONTENTS ANAEROBIC DIGESTER 1 CONTENTS ANAEROBIC DIGESTER 1 CONTENTS AERATION BASIN 4 CONTENTS AERATION BASIN 4 CONTENTS AERATION BASIN 4 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 4 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 3 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 3 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 3 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 3 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 2 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 2 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 2 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 2 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 1 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 1 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 1 CONTENTS 5 TIMES PER WEEK GRAB AERATION BASIN 1 CONTENTS Outfal Wastewater Parameter Sample Frequency Sample Type The following monitoring requirements shall be in effect from 04/01/2016 to 03/31/2021 Monitoring Location 008 BIOCHEMICAL OXYGEN DEMAND 7/WEEK OR DAILY 24 HOUR COMPOSITE RAW WASTE (BODS) 008 FLOW 008 NITROGEN, TOTAL (AS N) 008 NITROGEN, TOTAL KJELDAHL (AS N) 008 PH 008 PHOSPHORUS, TOTAL (AS P) 008 TEMPERATURE 7/WEEK OR DAILY 1 TIME PER WEEK 1 EVERY2 WEEKS 7/WEEK OR DAILY 1 TIME PER WEEK 7/WEEK OR DAILY 24 HOUR TOTAL 24 HOUR COMPOSITE 24 HOUR COMPOSITE GRAB 24 HOUR COMPOSITE GRAB RAW WASTE RAW WASTE RAW WASTE RAW WASTE RAW WASTE RAW WASTE http5;//programs.i'owadnr_gov/wwpie/Default.aspx?cmd=Send FileCommand&DownloadType=1 &Pernlitattachmentid=9824 6/22/16, 6:05 PM Page 8 of 19 Page 213 of 469 DRAFT 6/13/2023 008 TOTAL SUSPENDED SOLIDS 008 CBODS 008 TOTAL SUSPENDED SOLIDS 008 SETTLEABLE SOLIDS 008 30-MINUTE SETTLEABILITY 008 DISSOLVED OXYGEN 008 SOLIDS, MIXED LIQUOR SUSPENDED 008 TEMPERATURE 008 30-MINUTE SETTLEABILITY 008 DISSOLVED OXYGEN 008 SOLIDS, MIXED LIQUOR SUSPENDED 008 TEMPERATURE Outfa Wastewater Parameter II The following monitoring requirements shall be 011 ACUTE TOXICITY, CERIODAPHN1A 011 ACUTE TOXICITY, PIMEPHALES 011 AMMONIA NITROGEN (N) 011 BIOCHEMICAL OXYGEN DEMAND (BODS) 011 E. COLI 011 FLOW 011 NITROGEN, TOTAL (AS N) 011 PH 011 PHOSPHORUS, TOTAL (AS P) 011 TEMPERATURE 011 TOTAL SUSPENDED SOLIDS 7/WEEK OR DAILY 24 HOUR COMPOSITE 7/WEEK OR DAILY 24 HOUR COMPOSITE 7/WEEK OR DAILY 24 HOUR COMPOSITE 7/WEEK OR DAILY GRAB 5 TIMES PER WEEK GRAB 5 TIMES PER WEEK GRAB 5 TIMES PER WEEK GRAB 5 TIMES PER WEEK GRAB 5 TIMES PER WEEK GRAB 5 TIMES PER WEEK GRAB 5 TIMES PER WEEK GRAB 5 TIMES PER WEEK GRAB Sample Frequency in effect from 04/01/2016 1 EVERY 12 MONTHS 1 EVERY 12 MONTHS 7/WEEK OR DAILY 7/WEEK OR DAILY 1 TIME PER WEEK 7/WEEK OR DAILY 1 TIME PER WEEK 7/WEEK OR DAILY 1 TIME PER WEEK 7/WEEK OR DAILY 7/WEEK OR DAILY RAW WASTE EFFLUENT PRIOR TO DISINFECTION EFFLUENT PRIOR TO DISINFECTION EFFLUENT AFTER FINAL CLARIFIER AERATION BASIN 2 CONTENTS AERATION BASIN 2 CONTENTS AERATION BASIN 2 CONTENTS AERATION BASIN 2 CONTENTS AERATION BASIN 1 CONTENTS AERATION BASIN 1 CONTENTS AERATION BASIN 1 CONTENTS AERATION BASIN 1 CONTENTS Sample Type Monitoring Location to 03/31/2021 24 HOUR COMPOSITE EFFLUENT AFTER DISINFECTION 24 HOUR COMPOSITE EFFLUENT AFTER DISINFECTION 24 HOUR COMPOSITE EFFLUENT AFTER DISINFECTION 24 HOUR COMPOSITE EFFLUENT AFTER DISINFECTION GRAB 24 HOUR TOTAL 24 HOUR COMPOSITE GRAB 24 HOUR COMPOSITE GRAB 24 HOUR COMPOSITE Outfall Wastewater Parameter Sample Frequency Sample Type The following monitoring requirements shall be in effect from 04/01/2016 to 03/31/2021 801 STREAM FLOW 801 FLOW 801 FLOW 801 FLOW 801 BIOCHEMICAL OXYGEN DEMAND (BODS) 801 FLOW 801 NITROGEN, TOTAL (AS N) 801 NITROGEN, TOTAL KJELDAHL (AS N) 801 PHOSPHORUS, TOTAL (AS P) 801 TOTAL SUSPENDED SOLIDS 801 ACUTE TOXICITY, CERIODAPHNIA 801 ACUTE TOXICITY, PIMEPHALES 7/WEEK OR DAILY 7/WEEK OR DAILY 7/WEEK OR DAILY 7/WEEK OR DAILY 7/WEEK OR DAILY 7/WEEK OR DAILY 1 TIME PER WEEK 1 EVERY 2 WEEKS 1 TIME PER WEEK 7/WEEK OR DAILY 1 EVERY 12 MONTHS 1 EVERY 12 MONTHS MEASUREMENT 24 HOUR TOTAL 24 HOUR TOTAL 24 HOUR TOTAL CALCULATED CALCULATED CALCULATED CALCULATED CALCULATED CALCULATED 24 HOUR COMPOSITE 24 HOUR COMPOSITE EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION Monitoring Location CEDAR RIVER AT USGS STREAM GAGE 05464000 FLOW EQUALIZATION BASIN RETURN FLOW EQUALIZATION BASIN OVERFLOW TO SATELLITE PLANT SPLIT FLOW EFFLUENT RAW WASTE TOTAL RAW WASTE FLOW RAW WASTE RAW WASTE RAW WASTE RAW WASTE EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION https://programs.iowadnr,gov/wwpie/Default.aspx?cmd=Send FileCommand&DownloadType=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 9of19 Page 214 of 469 DRAFT 6/13/2023 801 AMMONIA NITROGEN (N) 801 BATHYMETRIC REPORT 801 BIOCHEMICAL OXYGEN DEMAND (BOD5) 801 DIFFUSER VALIDATION REPORT 801 E. COLI 801 FLOW 801 NITROGEN, TOTAL (AS N) 801 PH 801 PHOSPHORUS, TOTAL (AS P) 801 TEMPERATURE 801 TOTAL SUSPENDED SOLIDS 801 VISUAL OBSERVATION 7/WEEK OR DAILY ONCE PER PERMIT CYCLE 7/WEEK OR DAILY 1 EVERY 12 MONTHS I TIME PER WEEK 7/WEEK OR DAILY 1 TIME PER WEEK 7/WEEK OR DAILY 1 TIME PER WEEK 7/WEEK OR DAILY 7/WEEK OR DAILY 1 EVERY MONTH 24 HOUR COMPOSITE MEASUREMENT 24 HOUR COMPOSITE VISUAL GRAB 24 HOUR TOTAL 24 HOUR COMPOSITE GRAB 24 HOUR COMPOSITE GRAB 24 HOUR COMPOSITE VISUAL Special Condition EFFLUENT AFTER DISINFECTION INSTREAM EFFLUENT DIFFUSER EFFLUENT AFTER DISINFECTION INSTREAM EFFLUENT DIFFUSER EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION INSTREAM EFFLUENT DIFFUSER From April 1, 2016 until March 31, 2017, the facility may choose to collect the samples stated in the table below at a frequency of 3/week on non-consecutive days. After March 31, 2017 all effluent sampling frequencies are required at the frequencies listed on pages 11-14 of this permit. Outfall Wastewater Parameter 001 BIOCHEMICAL OXYGEN DEMAND (BOD5) 001 TOTAL SUSPENDED SOLIDS 001 BIOCHEMICAL OXYGEN DEMAND (BOD5) 001 TOTAL SUSPENDED SOLIDS 001 SETTLEABLE SOLIDS 008 BIOCHEMICAL OXYGEN DEMAND (BOD5) 008 TOTAL SUSPENDED SOLIDS 008 BIOCHEMICAL OXYGEN DEMAND (BOD5) 008 TOTAL SUSPENDED SOLIDS 008 SETTLEABLE SOLIDS 011 AMMONIA NITROGEN (N) 011 BIOCHEMICAL OXYGEN DEMAND (BOD5) 011 TOTAL SUSPENDED SOLIDS 801 BIOCHEMICAL OXYGEN DEMAND (BOD5) 801 TOTAL SUSPENDED SOLIDS 801 AMMONIA NITROGEN (N) Monitoring Location RAW WASTE RAW WASTE EFFLUENT PRIOR TO DISINFECTION EFFLUENT PRIOR TO DISINFECTION EFFLUENT AFTER FINAL CLARIFIER RAW WASTE RAW WASTE EFFLUENT PRIOR TO DISINFECTION EFFLUENT PRIOR TO DISINFECTION EFFLUENT AFTER FINAL CLARIFIER EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION EFFLUENT AFTER DISINFECTION RAW WASTE RAW WASTE EFFLUENT AFTER DISINFECTION https://programs. iowadnr.gov/wwpie/Default. aspx?cmd=SendFileCommand&Download Type=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 10 of 19 Page 215 of 469 DRAFT 6/13/2023 801 BIOCHEMICAL OXYGEN DEMAND EFFLUENT AFTER (BOD5) DISINFECTION 801 TOTAL SUSPENDED SOLIDS Special Monitoring Requirements EFFLUENT AFTER DISINFECTION Outfall # Description 011, 801 AMMONIA NITROGEN (N) Ammonia shall be sampled and analyzed using an EPA approved method specified in 40 CFR 136 or using the Timberline Method Ammonia-001 alternative test procedure. $IOCHEMICAI, OXYGEN DEMAND (GODS) All BOD5 samples must be seeded at the laboratory prior to analysis when the disinfection equipment is in use. E. COLI The limit for E. coli of 126 org/100 ml specified on the limits pages of this permit for outfall(s) 801, 009 and 011 is a monthly geometric mean. The disinfection season is established in the Iowa Administrative Code, Subparagraph 567 IAC 61.3(3)"a"(1), and is in effect from March 15 to November 15. Any disinfection system (chlorine, UV light, etc.) shall be operated to comply with the limit during the entire disinfection season whenever wastewater is being discharged from outfall(s) 801, 009 and 011. The facility must collect and analyze a minimum of a weekly sample from March 15 to November 15. The collection of weekly samples will result in a minimum of 35 samples being collected during a calendar year. The following requirements apply to the individual samples collected in one calendar month: There must be a minimum of two days between each sample. No more than two samples may be collected in a period of seven consecutive days. If the effluent has been disinfected using chlorine, ultraviolet light (UV), or any other process intended to disrupt the biological integrity of the E. coli, the samples shall be analyzed using the Most Probable Number method found in Standard Method 9223B (Colilert® or Colilert-18® made by IDEXX Laboratories, Inc.). If the effluent has not been disinfected the samples may be analyzed using either the MPN method above or EPA Method 1603: Escherichia coli (E. coli) in water by membrane filtration using modified membrane-thermotolerant E. coli agar (modified mTEC) or mColiBlue-24® made by the Hach Company. The geometric mean must be calculated using all valid sample results collected during a month. The geometric mean formula is as follows: Geometric Mean = (Sample one * Sample two * Sample three * Sample four *Sample five... Sample N)*(1/N), which is the Nth root of the result of the multiplication of all of the sample results where N = the number of samples. If a sample result is a less than value, the value reported by the lab without the less than sign should be used in the geometric mean calculation. The geometric mean can be calculated in one of the following ways: Use a scientific calculator that can calculate the powers of numbers. Enter the samples in Microsoft Excel and use the function "GEOMEAN" to perform the calculation. Use the geometric mean calculator on the Iowa DNR webpage at: http://www. iowadnr.gov/InsideDNR/RegulatoryWater/NPDES WastewaterPermitting/NPDESOperatorinformation/Bact eriaSampling.aspx. TOTAL NITROGEN Total nitrogen shall be determined by testing for Total Kjeldahl Nitrogen (TKN) and nitrate + nitrite nitrogen and reporting the sum of the TKN and nitrate + nitrite results (reported as N). Nitrate + nitrite can be analyzed together or separately. 801 RAW WASTE FLOW Raw flow shall be calculated as the sum of the 24 hour totals from the Easton Ave facility and the Satellite facility. JIAW WASTE: BODS, TSS, TP, TN, TKN Samples are required at each influent line to determine the mass loadings from each line. The total influent load to the treatment facility shall then be calculated and reported under outfall 801. STREAM FLOW A daily minimum value shall be reported. https://programs.iowadnr.gov/wwpie/Default.aspx?cmd=Send FileCommand&DownloadType=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 11 of 19 Page 216 of 469 DRAFT 6/13/2023 OUTFALL AND SAMPLING LOCATIONS .i17Se•I2.131i Yap W .'e'f�i R�11' Y1 •.1 M...1 • 1.....n 1. 1.0a Blending Mode of Operation This alternative mode of operation will be authorized on a temporary basis for the one permit cycle and is not subject to extension past March 31, 2021. The City of Waterloo may operate their wastewater treatment plant in the following mode during peak influent flow conditions only. Influent flows that exceed the hydraulic capacity of the Easton Avenue plant are diverted to two - flow equalization basins (FEQ) after passing through grit removal. Flows stored in the FEQ basins are returned to the Easton Wet Well once the Easton Avenue plant regains hydraulic capacity. In the event that the Easton Avenue plant has yet to regain hydraulic capacity, the flow from the FEQ will be diverted to the Satellite plant. The flows from the FEQ will be routed through the Satellite plant and returned to the headworks of the Easton Avenue plant via portable pumps. If the biological system at the Easton Avenue Plant could be jeopardized due to excessive flows, the partially treated wastewater from the Satellite plant will be diverted to the disinfection chamber and blended with the final effluent from the Easton plant. Once the Easton Avenue plant regains hydraulic capacity the facility is no longer authorized to blend the FEQ overflow via the Satellite plant. https://programs.iowadnr.govlwwpie/Default.aspx?cmd=Send FileCommand&DownloadType=1&Permitattachreentid=9824 6/22/16, 6:05 PM Page 12 of 19 Page 217 of 469 DRAFT 6/13/2023 Effluent limits and permit conditions remain in effect during this mode of operation. Outfall Number: 011, 801 Ceriodaphnia and Pimephales Toxicity Effluent Testing 1. For facilities that have not been required to conduct toxicity testing by a previous NPDES permit, the initial annual toxicity test shall be conducted within three (3) months of permit issuance. For facilities that have been required to conduct toxicity testing by a previous NPDES permit, the initial annual toxicity test shall be conducted within twelve months (12) of the last toxicity test. 2. The test organisms that are to be used for acute toxicity testing shall be Ceriodaphnia dubia and Pimephales promelas. The acute toxicity testing procedures used to demonstrate compliance with permit limits shall be those listed in 40 CFR Part l36 and adopted by reference in rule 567--63.1(1). The method for measuring acute toxicity is specified in USEPA, October 2002, Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition. U.S. Environmental Protection Agency, Office of Water, Washington, D.C., EPA 821-R-02-012. 3. The diluted effluent sample must contain a minimum of 12.40 % effluent and no more than 87.60 % of culture water. 4. One valid positive toxicity result will require, at a minimum, quarterly testing for effluent toxicity until three successive tests are determined not to be positive. 5. Two successive valid positive toxicity results or three positive results out of five successive valid effluent toxicity tests will require a toxicity reduction evaluation to be completed to eliminate the toxicity. 6. A non -toxic test result shall be indicated as a "1" on the monthly operation report. A toxic test result shall be indicated as a "2" on the monthly operation report. DNR Form 542-138j, shall also be submitted to the DNR field office along with the monthly operation report. Ceriodaphnia and Pimephales Toxicity Effluent Limits The maximum limit of "1" for the parameters Acute Toxicity, Ceriodaphnia and Acute Toxicity, Pimephales means no positive toxicity results. Definition: "Positive toxicity result" means a statistical difference of mortality rate between the control and the diluted effluent sample. For more information see USEPA, October 2002, Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition, U.S. Environmental Protection Agency, Office of Water, Washington, D.C., EPA 821-R-02-012. Design Capacity Design: Easton Avenue WPCF https://programs.iowadnr.gov/wwpie/Default.aspx?cmd=SendFileCommand&Downloadrype=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 13 of 19 Page 218 of 469 DRAFT 6/13/2023 The design capacity for the treatment works is specified in Construction Permit Number 98-361-S, issued August 21, 1998. The treatment plant is designed to treat: * An average dry weather (ADW) flow of 12.7 Million Gallons Per Day (MGD). * An average wet weather (AWW) flow of 26.7 Million Gallons Per Day (MGD). * A maximum wet weather (MWW) flow of 36.0 Million Gallons Per Day (MGD). * A design 5-day biochemical oxygen demand (BOD5) load of 30,000 lbs/day. * A design Total Kjeldahl Nitrogen (TKN) load of 7,500.00 lbs/day. Satellite WPCF The design capacity for the treatment works is specified in Construction Permit Number 95-317-S, issued July 7, 1995. The treatment plant is designed to treat: * An average dry weather (ADW) flow of 5.3 Million Gallons Per Day (MGD). * An average wet weather (AWW) flow of 8.1 Million Gallons Per Day (MGD). * A maximum wet weather (MWW) flow of 11.1 Million Gallons Per Day (MGD). * A design 5-day biochemical oxygen demand (BOD5) load of 58,000 lbs/day. * A design Total Kjeldahl Nitrogen (TKN) load of 13,550.00 lbs/day. Operator Certification Type/Grade: WW/IV Wastes in such volumes or quantities as to exceed the design capacity of the treatment works or reduce the effluent quality below that specified in the operation permit of the treatment works are considered to be a waste which interferes with the operation or performance of the treatment works and are prohibited by rule IAC 567-62.1(7). SEWAGE SLUDGE HANDLING AND DISPOSAL REQUIREMENTS "Sewage sludge" is solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge does not include the grit and screenings generated during preliminary treatment. 1. The permittee shall comply with all existing Federal and State laws and regulations that apply to the use and disposal of sewage sludge and with technical standards developed pursuant to Section 405(d) of the Clean Water Act when such standards are promulgated. If an applicable numerical limit or management practice for pollutants in sewage sludge is promulgated after issuance of this permit that is more stringent than a sludge pollutant limit or management practice specified in existing Federal or State laws or regulations, this permit shall be modified, or revoked and reissued, to conform to the regulations promulgated under Section 405(d) of the Clean Water Act. The permittee shall comply with the limitation no later than the compliance deadline specified in the applicable regulations. 2. The permittee shall provide written notice to the Department of Natural Resources prior to any planned changes in sludge disposal practices. 3. Land application of sewage sludge shall be conducted in accordance with criteria established in rule IAC 567--67.1 through 67.11 (455B). JDiffuser Special Monitoring Requirement Monthly Visual Monitoring: At a frequency of at least once per month, the permittee shall visually observe the diffuser and record the observations in a log book. The permittee is required to visually observe and record the following items: https://programs.iowadnr.gov/wwpie/Default.aspx?cmd=SendFileCommand&Download Type=1&Permitattachmentid=9824 6/22/16, 6 05 PM Page 14 of 19 Page 219 of 469 DRAFT 6/13/2023 • Whether the diffuser and diffuser ports can been seen above or below the surface of the water; • Whether the effluent dispersion pattern of the ports can be seen, and whether the patterns are uniform; • Signs of non -uniform bubbling, uneven coloring or actual spraying of effluent above the water surface; • Debris or materials that have collected on or may be obstructing the diffuser; • General structural condition of the diffuser, diffuser ports, and protective materials; • Condition of the shoreline outfall OOX; and • Actions taken, if applicable (i.e. corrective/ maintenance measures, adjustments of ports, removal of debris, etc.) The log book entries shall be made available to the Department upon request. The permittee will indicate completion of the visual monitoring by entering a "1" in the Visual Observation column on the day that the visual monitoring was completed on the Discharge Monitoring Report (DMR) spreadsheet. Annual Diffuser Performtance:An.ysis: Minimum Requirements. Annually, by April 1, the permittee is required to submit a Diffuser Performance Analysis report to the Department at both of the addresses shown below. The annual diffuser analysis should be performed at a stream flow as close as possible to stream critical low flow conditions. The annual diffuser performance analysis should identify if all diffuser ports, that were active when thc mixing zone percentage used in the current NPDES permit was established, arc functioning properly. The annual diffuser performance analysis should also assess if rapid mixing is occurring within 100 feet downstream of the active diffuser ports with the stream flow as close as possible to critical low flow conditions. The dye used in the Diffuser Performance Analysis shall meet the following requirements. 1) The Diffuser Performance Analysis shall use one of the following dyes: (a) Rhodamine WT dye (b) FWT red dye tablets (C) FLT Yellow/Green Liquid Concentrate dye (d) Green Sewer Tracing Dye (e) Fluorescent FLT Yellow/Green Powder (f) Bright Dye FWT Red Dye (g) FLT Yellow/Green dye tablets If a dye other than one listed above is used, you must obtain permission from the Department prior to use of the dye. Please contact Connie Dou at (515] 725-g400 or eastnieclou e@dnr lowq,gov to request approval of dyes other than those listed above. 2) The dye shall be used according to the instructions provided by the manufacturer; and 3) The introduction of the dye into the receiving stream shall be limited to as short a time period as possible and the amount of dye used shall be as little as possible. Video and/or pictures of the demonstration should be sent along with the diffuser analysis performance report to both addresses shown below. The Diffuser Performance Analysis report shall describe any proposed location or discharge flow adjustments to the diffuser ports intended to comply with the designed operation of the diffuser. Any video and/or pictures of the demonstration should be included in the report. The permittee will indicate submittal of the Diffuser Performance Analysis report by entering a "1" in the Diffuser Performance Analysis column on the Discharge Monitoring Report (DMR) spreadsheet on the day that the report is submitted. Select the No Discharge Indicator "NOT REQUIRED/MP" on the DMR spreadsheet during the months that the report is not required. Additional Requirements: The Department will review Itc Diffuser Performance Analysis report. If the analysis does not show raoSl and complete mixing of the effluent, you shall be notified of the requirement to submit a plan to correct diffuser deficiencies. The plan to correct the deficiencies shall be submitted to the Field Office address within 60 days of Department notification. If, after the submittal of a plan to correct deficiencies, the subsequent Diffuser Performance Analysis report does not show rapid and complete mixing of the effluent, the facility shall comply with the limits for Outfall {insert bank discharge ourfall number}. Bathymetric Analysis: Minimum Rcquiremattls: By April 1, 2020, the permittee is required to perform a Bathymetric Analysis and submit a Bathymetric Analysis report to the Department at both of the addresses below. The bathymetric features shall be determined by measuring the receiving stream depth at a minimum of twenty (20) equidistant intervals across the entire width of the receiving stream at the location of the diffuser. The Bathymetric Analysis report shall characterize the bathymetric features and include clear documentation of the receiving stream cross section, diffuser location, and stream bottom substrate. The permittec will indicate submittal of the Bathymetric Analysis Report by entering a "1" in thc Bathymetric Report column of the DMR spreadsheet on the day that the report was submitted. Select the No Discharge Indicator "NOT REQUIRED/MP" on the DMR spreadsheet during the months that the report is not required. • Hydrologic Events: In addition, a Bathymetric Analysis must be performed if significant changes to the stream channel occur as a result of hydrologic events (such as flooding, stream channelization, reconstruction, etc.) A report of this analysis must be submitted to the Department at both of the hops://programs.iowadnr.goy/wwpie/Default.aspx?crud=SendFileCommand&Download Type=1&Permitattachmentid=9824 .6/22/16, 6:05 PM Page 15 of 19 Page 220 of 469 DRAFT 6/13/2023 addresses below within sixty (60) days of the event occurrence. If the Bathymetric Analysis shows that the changes to the receiving stream may alter the mixing achieved by the diffuser, a Diffuser Performance Analysis must also be performed to demonstrate the actual mixing achieved by the diffuser. Modeling of the mixing zone may be used to perform the Diffuser Performance Analysis, with Department approval, if the receiving stream does not reach low flow conditions within four (4) months of the hydrologic event. The Diffuser Performance Analysis report must be submitted to the Department at both of the addresses below within ninety (90) days of the hydrologic event occurrence. A Diffuser Performance Analysis performed as a result of a hydrologic event will fulfill the annual report requirement for that year. Diffuser Mixing Tone Study Requiremc_u1 The effluent limits in this permit arc based on the percent mixing capability of your diffuser. The current assumed percent mixing for your facility's diffuser is 73%. A mixing zone study shall be submitted with the permit renewal application to confirm the assumed percent mixing. If no such study is completed, effluent limits in the renewal permit will be bascd on default mixing. The permittee is authorized to conduct a mixing zone study under the following conditions: 1) The mixing zone study shall use one of the following dyes: a) Rhodaminc WT dye b) FWT red dye tablets C) FLT Yellow/Green Liquid Concentrate dye d) Green Sewer Tracing Dyc e) Fluorescent FLT Yellow/Green Powder f) Bright Dyc FWT Red Dyc g) FLT Yellow/Green dye tablets If a dye other than one listed above is used, you must obtain permission from the Department prior to use of the dye. Please contact Connie Dou at (515) 2S i-335Q or Foanic.dott(g]dm:iown goy for approval of dyes other than those listed above. 2) The dye shall be used according to the instructions provided by the manufacturer. 3) The introduction of the dye into the receiving stream shall be limited to as short a time period as possible and the amount of dye used shall be as little as possible. 4) The mixing zone study shall be conducted during low river flow conditions and it shall follow the DNR Mixing Zone Study Guidelines. 5) The mixing zone study report shall include clear documentation of the mixing characteristics and the percentages of the total river flows in the mixing zone. 6) The following restrictions to the maximum allowed mixing zone shall be recorded in the mixing zonc study documentation: a) The distance to the juncture of two perennial streams. b) The distance to a public water supply intake. c) The distance to the upstream limits of an established recreational area, such as public beaches, and state, county and local parks. d) The distance to the middle of a crossover point in a stream where the main current flows from one bank across to the opposite bank. 7) The distance to another mixing zone. The mixing zone does not exceed a distance of 100 feet. The DNR Field Office at least 48 hours prior to the use of dye. Add roses for Retort Submittal: Iowa Department of Natural Resources Environmental Services Division DNR Field Office Iowa Department of Natural Resources 502 E. 9th Street Des Moincs, IA 50319 SIGNIFICANT INDUSTRIAL USER LIMITATIONS, MONITORING AND REPORTING REQUIREMENTS 1. You shall require all users of your facility to comply with Sections 204(b), 307, and 308 of the Clean Water Act. Section 204(b) requires that all users of the treatment works constructed with funds provided under Sections 201(g) or 601 of the Act to pay their proportionate share of the costs of operation, maintenance and replacement of the treatment works. https://programs.iowadnr.gov/wwpie/Default.aspx?crud=SendFileCommand&Download Type=1&Permitattachmentid=9f324 6/22/16, 6 05 PM Page 16 of 19 Page 221 of 469 DRAFT 6/13/2023 Section 307 of the Act requires users to comply with pretreatment standards promulgated by EPA for pollutants that would cause interference with the treatment process or would pass through the treatment works. Section 308 of the Act requires users to allow access at reasonable times to state and EPA inspectors for the purpose of sampling the discharge, reviewing, and copying records. 2. You shall continue to implement the pretreatment program approved March 14, 1984 and any amendments thereto. 3. An annual report in the form prescribed by the Department is to be submitted by March 1=` of each year describing the pretreatment program activities for the preceding calendar year. 4. The City shall evaluate the adequacy of its local limits to meet the general prohibitions against interference and pass through listed in 40 CFR 403.5(a) and the specific prohibitions listed in 40 CFR 403.5(b). At a minimum this evaluation shall consist of the following: (a) Identify each pollutant with the potential to cause process inhibition, pass through the treatment plant in concentrations that will violate NPDES permit limits of water quality standards, endanger POTW worker health and safety or degrade sludge quality. (b) For each treatment plant, determine the maximum allowable headworks loading for each pollutant identified in item #4(a). that will prevent interference or a pass through. (c) After accounting for the contribution of each pollutant from uncontrolled (i.e.: domestic/commercial) sources to each treatment plant, determine the maximum allowable industrial loading for each pollutant identified in item #4(a). (d) Complete the evaluation and submit to the Department, by April 1, 2017 a report containing the following information: 1) A list of pollutants identified in item #4(a). For each pollutant, state the reason(s) for its inclusion (e.g. potential to cause interference, potential to cause pass through, etc.). 2) The report shall contain all calculations used to determine the maximum allowable headworks loadings and shall identify the source(s) of all data used (e.g. literature value, site specific measurement, etc.). 3) The contribution of each pollutant identified in item #4(d)1 to each treatment plant from uncontrolled sources and an explanation of how each contribution was determined. 4) The allocation of the maximum allowable headworks loading for each pollutant to each treatment plant, and an explanation of how the https://programs.iowadnr.gov/wwpie/Default.aspx?cmd=SendFileCommand&Download Type=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 17 of 19 Page 222 of 469 DRAFT 6/13/2023 allowable loadings will be allocated to significant industrial users regulated by the City's pretreatment program. 5. The City shall evaluate the approved pretreatment program for compliance with 40 CFR 403 and Iowa Administrative Code 567 — Chapter 62, specifically with regards to the pretreatment streamlining rule published in the Federal Register on October 14, 2005. Complete the evaluation and submit to the Department a report containing the findings of the evaluation, including a proposal for modifications to correct any deficiencies that are identified, by April 1, 2017.0 2-4-14 cw/ ccsw Nutrient Reduction Requirements In support of the Iowa Nutrient Reduction Strategy you shall prepare and submit a report that evaluates the feasibility and reasonableness of reducing the amounts of nitrogen and phosphorus discharged into surface water. The report shall be submitted no later than April 1, 2018 and shall address the following: A description of the existing treatment facility with particular emphasis on its capabilities for removing nitrogen and phosphorus. The description shall include monitoring data that define the current amounts of total nitrogen (TKN+nitrate+nitrite) and total phosphorus in both the raw wastewater and the final effluent. A description and evaluation of operational changes to the existing treatment facility that could be implemented to reduce the amounts of total nitrogen and total phosphorus discharged in the final effluent and the feasibility and reasonableness of each. Your evaluation must discuss the projected degree of total nitrogen and total phosphorus reduction achievable for each operational change. When evaluating feasibility you must consider what, if any, effect operational changes would have on the removal of other pollutants (e.g. CBODS, TSS). When evaluating reasonableness you shall include estimates of the additional cost, if any, to implement such changes and for a publicly -owned treatment works the impact on user rates. A description and evaluation of new or additional treatment technologies that would achieve significant reductions in the amounts of total nitrogen and total phosphorus discharged in the final effluent with a goal of achieving annual average mass limits based on AWW design flow equivalent to concentrations of 10 mg/L total nitrogen and 1 mg/L total phosphorus for plants treating typical domestic strength sewage. For purposes of this evaluation typical domestic sewage is considered to contain approximately 25 — 35 mg/L total nitrogen and 4 - 8 mg/L total phosphorus. For plants treating wastewater with total nitrogen and/or total phosphorus concentrations greater than typical domestic strength sewage, the evaluation shall include the projected reductions in the total nitrogen and phosphorus effluent concentrations achievable with the application of feasible and reasonable treatment technology with a goal of achieving at least a 66 % reduction in nitrogen and 75% reduction in total phosphorus. For each treatment technology the report shall assess its feasibility, reasonableness, practicability, the availability of equipment, capital costs, annual operating costs, impact on user rates and any https://programs.iowadnr,gov/wwpie/Default.aspx?cmd=SendFileCommand&Download Type=1&Permitattachmentid=9824 6/22/16, 6 05 PM Page 18 of 19 Page 223 of 469 DRAFT 6/13/2023 non -water quality environmental impacts (e.g. additional air pollution, increased sludge production, etc.). Based on the evaluations of operational changes and new or additional treatment technologies the report must select the preferred method(s) for reducing total nitrogen and total phosphorus in the final effluent, the rationale for the selected method(s) and an estimate of the effluent quality achievable. The report must include a schedule for making operational changes and/or installing new or additional treatment technologies to achieve the concentration and/or percentage removal goals listed above. Additional financial justification must be included in the report if no operational changes or treatment technologies are feasible or reasonable. The schedule will be incorporated into the NPDES permit by amendment. Effluent discharge limits will be based on one full year of operating data after implementation of the operational changes or completion of plant modifications and a six month optimization period. The report shall be sent to the following address: Brandy Beavers NPDES Section Iowa Department of Natural Resources 502 East 9th Street Des Moines, IA 50319 Page 27 https://programs.iowadnr.gov/wwpie/Default.aspx?cmd=Send FileCommand&DownloadType=1&Permitattachmentid=9824 6/22/16, 6:05 PM Page 19 of 19 Page 224 of 469 DRAFT 6/13/2023 APPENDIX B PRESENT WORTH ANALYSIS Page 225 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Wastewater Nutrient Reduction Study Opinion of Present Worth Cost Discount Rate 2,750% Alternative BNR1a - A2O Process with BOD diversion from lagoon Future Capital Replacement Replacement 20-Year Salvage Value ITEM Initial Capital Cost Cost Year Cost (P.W.) Salvage Value (P.W.) Satellite Aeration Tank Structural Modifications $ 250,000 $ • 40 S - $ 130.000 5 80,000 Baffle Walls - Anaerobic Zones $ 230,000 $ 40 $ $ 120 000 5 70,000 Baffe Walls -Anoxic Zones $ 230,000 $ 40 5 $ 120.000 S 70,000 Ana.=briMokr[ Mixers $ 480,000 $ - 20 5 $ S Fine Bubble Diffusers $ 600,000 $ 600,000 15 S 4Q6.0'..`3 $ 400 000 5 230,000 Nitrate Recycle Pumps $ 320,000 $ 20 5 $ - 5 Lagoon Influent Structure Modifications $ 100,000 $ - 40 5 $ 50 000 5 30,000 Lagoon Influent Fermentation Tank and Appurtenances $ 5,000,000 20 $ - 5 Chemical Storage Tank - CPR Backup $ 80,000 $ - 20 5 $ 5 - Chemical Feed Systems $ 60,000 $ 60,000 15 5 40.000 $ 40.000 5 20,000 Chemical 0u long 250.000 5 40 5 - 5 1a0,000 5 60,000 Subtotal 5 7,600,090 5 880,000 Piping and Mechanical (20%) S 1,520,000 5 40 $ • 5 760.000 $ 440,000 HVAC (10%) $ 760,000 $ 20 $ - 5 • $ - Electrical (25%) 5 1,900,000 5 - 20 $ • 5 - $ Sitework (10%) 5 780,000 Subtotal 5 '2.540.000 Contractor GCs (10%) 5 1,260,000 Total Construction Costs $ 13,800,000 Contingencies and Engineering Services (50%) 5 6.900.0 0 Total Capital Costs $ 20.700.000 $ 440,000 5 1,620,000 $ 940,000 Present Worth of Capital Costa $ 20,700,000 $ 440,000 5 940,000 Relative Labor ($40/hr) $ 10,000 Maintenance (-2% of equipment) $ 20,000 Power (50. 04/kWh) $ 290,000 Solids Disposal $ 220,000 c memos! Uso 5 60.000 Total O&M Costs 5 800,000 Present Worth of O&M S 9,140,000 Summary of Present Worth Costs Capital Cost 5 20,700,000 Replacement 5 440,000 O&M Cost 5 9,140,000 Salvage Value $ (940,000) Total Present Worth $ 29,340,000 Alternative S3 - Satellite Bar Screen Building Annual Lost Biogas Value Present Worth of Lost Biogas Revenue Altemative BNR1a + 53 $ 5,470,000 $0 5990,000 50-515,090,000 $ 34,610,000 With Sieges Value $34,610,000 - $49,900,000 Page 226 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Wastewater Nutrient Reduction Study Opinion of Present Worth Cost Discount Rate 2.750% Alternative BNR1b - A2O Process with VFA addition at WWTP Initial Capital Future Capital Replacement Replacement 20-Year Salvage Value ITEM Cost Cost Year Cost (P.W.) Salvage Value (P.W.) Salellde Aeration Tank Structural Modifications $ 250,000 $ 40 5 5 130,000 5 80,000 Baffle Walls - Anaerobic Zones $ 230,000 5 40 S $ 120,000 5 70,000 Bathe Walls - Anoxic Zones $ 230,000 5 40 5 5 120,000 S 70,000 Anaerobic/Anoxic Mixers $ 480,000 S 20 5 - 5 S . Fine Bubble Diffusers $ 600,000 5 600,000 15 5 400,000 S 400,000 $ 230,000 Nitrate Recycle Pumps $ 320,000 5 - 20 5 - $ - 5 Chemical Storage Tanks - CPR Backup and VFA $ 750,000 5 20 5 - S • $ Chemical Feed Systems $ 60,000 5 60,000 15 5 40,000 5 40,000 $ 20,000 Chemical Building $ 2.500 .0'.3 S 40 5 - $ 1.250.000 $ 730,000 Subtotal $ 5,420,000 $ 660,000 Piping and Mechanical (20%) $ 1,090,000 $ 40 $ - S 550,000 5 320,000 HVAC (10%) $ 550,000 $ 20 $ 5 • $ Electrical (25%) $ 1,360,000 $ 20 $ - S 5 - Sitework (10%) $ 550,000 Subtotal $ 8,970,000 Contractor GCs (10 % ) Total Construction Costs Contingencies and Engineering Services (50%) Total Capital Costs $ 900,000 $ 9,870,000 $ 4,940,000 $ 14,810,000 $ 440,000 $ 2,480,000 $ 1,440,000 Present Worth of Capital Costs $ 14,810,000 Relative Labor ($40Ihr) $ 10,000 Maintenance (-2% of equipment) $ 20,000 Power ($0 04/kWh) $ 290,000 Sotids Disposal $ 220,000 Chemical Use $ 2,200,000 Total O&M Costs $ 2,740,000 Present Worth of O&M $ 41,720,000 Summary of Present Worth Costs Capital Cost $ 14,810,000 Replacement $ 440,000 O&M Cost $ 41,720,000 Salvage Value S (1,440.000i iolal Present Wonh $ 55,530,000 $ 440,000 $ 1,440,000 Page 227 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Wastewater Nutrient Reduction Study Opinion of Present Worth Cost Discount Rate 2.750% Alternative BNR1c - A2O Process with struvite harvesting; BOD diversion from lagoon Initial Capital Future Capital Replacement Replacement 20-Year Salvage Value ITEM Cost Cost Year Cost (P.W.) Salvage Value (P.W.) Satellite Aeration Tank Structural Modifications $ 250,000 5 - 40 5 • 5 130,000 5 80,000 Baffle Walls - Anaerobic Zones $ 230,000 5 40 5 $ 120,000 S 70,000 Baffe Walls - Anoxic Zones $ 230,000 $ 40 5 $ 120,000 5 70,000 Anaerobic/Anoxic Mixers $ 480,000 $ 20 5 S - 5 - Fine Bubble Diffusers $ 600,000 $ 600,000 15 S 400,000 $ 400,000 S 230,000 Nitrate Recycle Pumps $ 320,000 $ 20 S 5 - 5 - Lagoon Influent Structure Modifications $ 100,000 5 40 5 - 5 50,000 5 30,000 Lagoon Influent Fermentation Tank and Appurtenances $ 5,000,000 20 5 - S Chemical Storage Tank - CPR backup $ 80,000 S - 20 $ - 5 • 5 - Chemical Feed System $ 60,000 S 60,000 15 $ 40,000 S 40,000 5 20,000 Chemical Building $ 250,000 $ 40 $ - S 130,000 5 80,000 Struvite Harvesting/Sequestration 5 2,000,000 5 - 20 5 $ - 5 Subtotal $ 9,600,000 $ 660,000 Piping and Mechanical (20%) 5 1,920,000 S - 40 $ - 5 960,000 $ 560,000 HVAC (10%) 5 960,000 5 - 20 $ - $ - $ Electrical (25%) 5 2,400,000 5 - 20 $ - 5 - $ Sitework (10%) $ 960,000 Subtotal $ 15,840,000 Contractor GCs (10%) 5 1,590,000 Total Construction Costs 5 17,430,000 Contingencies and Engineering Services (50%) S 5,720,000 Total Capital Costs $ 26,150,000 $ 440,000 $ 1,820,000 $ 1,060,000 Present Worth of Capital Costs $ 26,150,000 Relative Labor ($40/hr) $ 20,000 Maintenance (-2% of equipment) $ 30,000 Power ($004/kWh) $ 300,000 Solids Disposal $ 40,000 Chemical Use $ 140,000 Total O&M Costs $ 530,000 Present Worth of O&M $ 11,070,000 Summary of Present Worth Costs Capital Cost 5 26,150,000 Replacement i 440,000 O&M Cost S• 8,070,000 Salvage Value S (1,060,000) Total Present 'North $ 33,600,000 Altemative S3 - Satellite Bar Screen Building $ 5,470,000 Annual Lost Biogas Value $04283,000 Present Worth of Lost Biogas Revenue 5054,310,000 Alternative BNR1a + S3 $ 39,070,000 With Biogas Value $39,070,000-$43,380,000 5 440,000 $ 1,060,000 Page 228 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Wastewater Nutrient Reduction Study Opinion of Present Worth Cost Discount Rate 2.750% Altemative BNR1d - A2O Process with atruvite harvesting; VFA addition at WWTP Initial Capital Future Capital Replacement Replacement 20-Year Salvage Value ITEM Cost Cost Year Cost (P.W.) Salvage Value (P.W.) Satellite Aeration Tank Structural Modifications S 250,000 5 40 5 5 130,000 5 80,000 Baffle Walls - Anaerobic Zones 5 230,000 5 40 5 S 120,000 5 70,000 Baffe Walls - Anoxic Zones 5 230,000 5 40 5 S 120,000 5 70,000 Anaerobic/Anoxic Mixers 5 480,000 5 20 5 _ 5 - Fine Bubble Diffusers 5 600,000 S 600,000 15 5 400,000 5 400,000 5 230,000 Nitrate Recycle Pumps 5 320,000 5 20 5 a - 5 - Chemical Storage Tanks - CPR backup and VFA 5 300,000 5 20 5 5 3 • Chemical Feed System 5 60,000 5 60,000 15 5 40,000 5 40,000 5 20,000 Chemical Building 5 1,250,000 5 40 5 3 630,000 5 370,000 Struvite 1-larvast,ngf5eque51ra lion 5 2.000.000 5 - 20 5 5 - Subtotal $ 5,720,000 $ 660,000 Piping and Mechanical (20%) 5 1,150,000 $ 40 $ 5 580,000 $ 340,000 HVAC (10%) 5 580,000 $ 20 $ 3 - $ Electrical (25%) 5 1,430,000 $ 20 $ - 5 $ Sitework (10%) 5 580.000 Subtotal $ 9,460,000 Contractor GCs (10%) Total Construction Costs Contingencies and Engineering Services (50%) Total Capital Costs $ 950,000 $ 10,410,000 $ 5,210,000 $ 15,620,000 $ 440,000 $ 1,890,000 $ 1,100,000 Present Worth of Capital Costs $ 15,620,000 Relative Labor ($40lhr) $ 20,000 Maintenance (-2 % of equipment) $ 30,000 Power ($0 04/kWh) $ 300,000 Solids Disposal $ 40,000 Chemical Use $ 750 000 Total O&M Costs $ 1,140,000 Present Worth of O&M $ 17,360,000 Summary of Present Worth Costs Capital Cost $ 15,620,000 Replacement $ 440,000 O&M Cost $ 17,360,000 Salvage Value 5 t 1.100.000} rota! Prunent Worth $ 32,320,000 $ 440,000 $ 1,100,000 Page 229 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa W.a5tewator Nvonent Renuction Shady Opinion of Present Worth Cost Discount Rate 2.750% Alternative BNR1e - A2O Process with struvite harvesting and PRS fermentation; BOD diversion from lagoon Initial Capital Futuna Capital Replacement Replacement 20-Year Salvage Value ITEM Coat Cost Year Cost (P W) Salvage Value (P.W.) Satellite Aeration Tank Structural Modifications $ 250,000 $ - 40 5 8 130,000 5 80,000 Baffle Walls- Anaerobic Zones $ 230,000 $ 40 5 8 120,000 $ 70,000 Baffe Walls - Anoxic Zones $ 230,000 $ 40 8 $ 120,000 5 70,000 Anaerobic/Anoxic Mixers $ 480,000 $ 20 $ - $ 5 - Fine Bubble Diffusers $ 600,000 $ 600,000 15 5 400,000 5 400,000 $ 230,000 Nitrate Recycle Pumps $ 320,000 $ 20 $ - $ - 5 Lagoon Influent Structure Modifications $ 100,000 $ 40 8 - 8 50,000 $ 30,000 Lagoon Influent Fermentation Tank and Appurtenances $ 5,000,000 20 $ - $ Chemical Storage Tank- CPR backup $ 80,000 $ - 20 $ - 8 - 5 Chemical Feed System $ 60,000 $ 60,000 15 $ 40,000 $ 40,000 $ 20,000 Chemical Building $ 250,000 $ 40 $ $ 130,000 $ 80,000 Primary Sludge Fermenter $ 1,600,000 20 $ - $ - $ - StruviteHarveslinglSequasnahon 5 2-000.000 $ 20 $ - $ • $ - Subtotal $ 11,200,000 $ 660,000 Piping and Mechanical (20%) 5 2,240,000 $ 40 $ • $ 1,120,000 5 650,000 HVAC (10%) S 1,120,000 $ 20 $ - $ • 5 Electrical (25%) 3 2,800,000 $ 20 $ $ - 8 Sitework (10%) $ 1,120,000 Subtotal $ 18,480,000 Contractor GCs (10%) Total Construction Costs Contingencies and Engineering Services (50%) Total Capital Costs $ 1,850,000 $ 20,330,000 $ 10.170.000 $ 30,500,000 440,000 $ 1,980,000 $ 1,150,000 Present Worth of Capital Costs $ 30,500,000 Relative Labor ($40Ihr) $ 40,000 Maintenance (-2% of equipment) 5 40,000 Power ($0 04/kWh) S 290,000 Solids Disposal 3 40,000 Chemical Use $ 140,000 Total O&M Costs $ 550,000 Present Worth of O&M $ 6,370,000 Summary of Present Worth Costs Capital Cost $ 30,500,000 Replacement $ 440,000 O&M Cost $ 8,370,000 Salvage Value 5 (1 1W.600) Tetai Present Worth $ 38,160,000 Altemative S3 - Satellite Bar Screen Building $ 5,470,000 Annual Lost Singes Value $0-$142,000 Present Worth of Lost Biogas Revenue $0-$2,160,000 Altemative BNR1a + S3 $ 43,630,000 With Biogas Value $43,630,000 - 545,790,000 $ 440,000 $ 1,150,000 Page 230 of 469 DRAFT 6/13/2023 City of Waterloo, Iowa Wastewater Nutrient Reduction Study Opinion of Present Worth Cost Discount Rate 2 750% Altemative BNR1f - A2O Process with struvlte harvesting and PRS fermentation; VFA addition at WWTP Initial Capital Future Capital Replacement Replacement 20-Year Salvage Value ITEM Cost Cost Year Cost (P.W.) Salvage Value (P.W.) Satellite Aeration Tank Structural Mod,f,cni,:,r,. $ 250,000 $ 40 $ 5 130,000 5 80,000 Baffle Walls -Anaerobic Zones $ 230,000 $ - 40 $ S 120,000 5 70,000 Baffe Walls - Anoxic Zones $ 230,000 $ 40 $ 5 120,000 5 70,000 Anaerobic/Anoxic Mixers $ 480,000 $ - 20 $ - 5 5 Fine Bubble Diffusers $ 600,000 $ 600,000 15 $ 400,000 5 400,000 S 230,000 Nitrate Recycle Pumps $ 320,000 $ 20 $ • 5 - $ Chemical Storage Tanks - CPR backup end VFA $ 150,000 $ - 20 $ • 5 5 - Chemical Feed System $ 60,000 $ 60,000 15 $ 40,000 5 40,000 5 20,000 Chemical Building $ 500,000 $ - 40 $ • 5 250,000 5 150,000 Primary Sludge Fermenter $ 1,800,000 20 $ • 5 - 5 Struvite Harvesting/Sequestration $ 2,000,000 $ 20 $ • 5 - 5 Subtotal $ 6,420,000 $ 660,000 Piping and Mechanical (20%) $ 1,290,000 $ 40 $ 5 650,000 $ 380,000 HVAC (10%) $ 650,000 $ 20 $ 5 - $ Electrical (25%) $ 1,610,000 $ 20 $ S $ - Sitework (10%) $ 850 000 Subtotal $ 10,620,000 Contractor GCs (10%) $ 1,070,000 Total Construction Costs $ 11,690,000 Contingencies and Engineering Services (50%) $ 5.650.000 Total Capital Costs $ 17,540,000 5 440,000 $ 1,580,000 $ 920,000 Preeent Worth of Capital Costs $ 17,540,000 5 440,000 $ 920,000 Relative Labor ($40/hr) 5 40,000 Maintenance (-2% of equipment) $ 40,000 Power ($0-04IkWh) 5 290,000 Solids Disposal 5 40,000 Chemical Use 5 440.000 Total O&M Costs $ 850,000 Present Worth of O&M $ 12,940,000 Summary of Present Worth Costs Capital Cost $ 17,540,000 Replacement $ 440,000 O&M Cost $ 12,940,000 Salvage Value S (920,000). Total Present Worth $ 30.000,000 Page 231 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Information Services Department June 20, 2023 AGENDA ITEM TITLE Resolution approving a two (2) year renewal of services with Lumen Technologies Group (Century Link) to provide network access for delivery of phone services, and authorizing the Technology Services Director to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 232 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department June 20, 2023 AGENDA ITEM TITLE Resolution approving the cancellation of assessments for parcel 891324476010 in the approximate amount of $13,500.00, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. 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 233 of 469 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Keith Kaspari, Director of Aviation Airport Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution accepting Federal Aviation Administration Grant No. 3-19-0094-0053, in the amount of $1,477,510.00, in conjunction with the Waterloo Regional Airport 2023 Pavement Rehabilitation of Taxiway Alpha East, Taxiway Echo and Runway 12-30 and Phase 1 funds for the 2024 Pavement Reconstruction of Taxiway Alpha West, and authorizing the Mayor to execute said documents. RECOMMENDED COUNCIL ACTION Approve of the above request by Airport Staff. SUMMARY STATEMENT AND BACKGROUND INFORMATION This Federal Grant will provide some pavement rehabilitation to the above taxiways and primary runway at Waterloo Regional Airport; in addition to, Phase 1 work associated with the pavement reconstruction of Taxiway Alpha West. This rehabilitation includes the following: 1. Removal of all painted pavement markings; 2. Crack sealing all pavement cracks; 3. Application of a pavement sealer / restorer; and, 4. Repainting all pavement markings compliant with Federal Aviation Regulation (FAR) Part 139. This project is estimated to be 45-calendar days start -to -finish, and is expected to be completed this summer and hopefully completed before the beginning of the charter aircraft season for college football to accommodate the football charters associated with the University of Northern Iowa. The benefit of this work will be to extend the life -cycle of these pavements and aircraft movement areas until - as one example, and for ALO's Primary Runway, the need of the City of Waterloo and Waterloo Regional Airport to execute a much more extensive and costly full -depth pavement reconstruction project to the primary runway. This project also begins to allow for the Phase 1 Reconstruction of the Pavement associated with Taxiway Alpha West - with a future Spring 2024 transition from the current asphalt pavement to concrete pavement. NEIGHBORHOOD IMPACT Staff will try to minimize any interruptions to aircraft operations. Page 234 of 469 DATA, ANALYSIS, AND STRATEGIES Careful phasing of the work will be required to execute the project from Start to Finish. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Staff is attempting to work with all tenants to communicate the importance of this project to allow for continued access to and from the movement area from the East Ramp and T-Hangar Row C tenants. COMMUNITY ENGAGEMENT METHODS Constant and timely communication for the completion of this project will be required. SOURCE OF EXPENDITURES The funds for this project will be derived via the FAA's Airport Improvement Program with 90% of the funds for the project requiring the City of Waterloo to provide 10% of the matching funds. For the City of Waterloo's 10% matching funds, these funds will be derived from the Fiscal Year 2024 Bonding Program as recently approved by the City Council via the request by the Finance Manager. ALTERNATIVE ACTION No alternatives were requested or programmed for this project. LEGAL DESCRIPTION N/A ATTACHMENTS None Page 235 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE Complete Streets Advisory Committee minutes of April 25, 2023. RECOMMENDED COUNCIL ACTION Apporoval SUMMARY STATEMENT AND BACKGROUND INFORMATION MEETING DATE June 20, 2023 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Complete Streets minutes April 25, 2023. Page 236 of 469 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting April 25, 2023 The Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30 pm April 25, 2023, by Chairperson Cass in the Mollenhoff Conference Room at Waterloo City Hall. Roll Call: Members present: Felicia Cass, Jessica Rucker, Paul Huting, John Domoff, Oumie Ceesay, Kyle Durant, Kathryn Gilbery, Dwight Diercks, David Sturch, and Aric Schroeder. Members absent were: Ray Feuss, and Greg Young. Other attendees: Doug Schindel and Michelle Sweeney — AECOM, Aldina Dautovic — INRCOG, Wayne Castle — City of Waterloo Engineering, Curtis Young, and Mohammad Elahi, Traffic Department (via zoom). It was moved by Durant and seconded by Huting to approve the minutes of the March 28, 2023, meeting. Motion carried unanimously. Agenda Items: 1. Traffic Department Report • Elahi went over the problems with the flashing beacons on San Marnan at Nikki and stated that parts have been ordered. The solar powered lights have been prone to issues. • Problems can be reported on the city website. • Traffic Department generally deals with things like street lights, street signs, etc.; Street Department deal with things such as potholes, sweeping, etc. • How to report a problem on the city website can be confusing and could use explanations of what department does what. • There was a discussion on how to make improvements to the website and how the website will appear on a phone. • Question was asked if a button could be added to the interactive trail map that will link with the city website, which can be done. • Cedar Rapids system connects with a map and that is planned to be added to the city website. • The sections of the Park Avenue Bike lanes that were painted green seem to be holding up well. • There was a discussion of the bike lanes on Park Avenue and whether parking should be against the curb. • Park Avenue Bridge should be open in late fall (later determined to likely be spring). • It was noted that Councilman Boesen stated that the bike lanes on Park Avenue are confusing. • There was a discussion about the process that led to the bike lanes. • Painting the entire bike lane could improve the use by bicycles. • Resurfacing of Park Avenue is not going to happen in the next year or two. Consideration for reconfiguration of the bike lanes before the bridge opens should be looked at. 2. Parks • $17 million has now been raised for the park improvements at Gates and Byrnes. • However, the cost is also going up. • Currently a couple of million short. Page 237 of 469 Complete Streets Advisory Committee Minutes April 25, 2023 • There will be a May 11th bid opening, and it will be on the May 15th council agenda. • The gates pool has been removed. • The project may have to be phased and take longer because construction companies are busy. • The plan for a shuttle is probably not going to happen due to costs. As an example, the 2-hour shuttle for Black Hawk games costs $13,000 - $14,000. • If a shuttle is run, it would be from June to August. However, regular routes are available that can get you from one park to another. • Discussion on how to communicate the bus route information to students before school is out for the summer. • The Chamberlain property is not ready, and there is no timeline on when the property will be ready as it is a complicated situation between the city, EPA, and the parent company for Chamberlain. • Lower Gates Park may have to be a future phase. • The Byrnes Park portion should go for bidding in July. • Huting noted that the 18th Street Bridge was swept last week. 3. Transportation Alternatives Program • A sub -committee met with City Engineer Knutson to discuss possible TAP projects for Complete Streets activity. • TAP (Transportation Alternatives Program) is a Federal funding source for alternative transportation choices such as bike trails, bike lanes, sidewalks, etc. • 80% of Funding from federal dollars, and a 20% city match is required. • The Complete Streets Advisory Committee had previously reviewed and ranked 9 priority sidewalk infill projects that may work well as TAP requests. • Possibility of creating a group of projects that will fund infill • There is 3 of the projects that will be done in the next 3 to 5 years as part of street reconstruction, so we would not want to do those right now. But others may be good candidates. • Meeting will be held in June with Knutson and Noel Anderson to further discuss. • There could be a competition with other city projects, as well as projects from other jurisdictions in our MPO that are eligible to apply for TAP funds. 4. Upcoming Planning Commission Agenda Review • Schroeder stated there were no items on the Planning and Zoning Commission agenda that needed the committee's attention. 5. Other Project Status Updates • The work session with the City Council on the 4th15th16th Street two way project went well and there seems to be council support. The cost would be $14.5 million with $5.5 million being ADA requirements & overlay which will need to be done anyway. • Discussion of mission segment of sidewalk at Camelot Towers. Discussion Items: • None 2 Page 238 of 469 Complete Streets Advisory Committee Minutes April 25, 2023 Adj ournment Cass adjourned the meeting at 3:12 p.m. Respectfully submitted, John Dornoff Planner II 3 Page 239 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE Board of Adjustment Regular Meeting minutes of April 25, 2023. RECOMMENDED COUNCIL ACTION Approval MEETING DATE June 20, 2023 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. BoA Minutes April 25, 2023 Page 240 of 469 CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES REGULAR MEETING - 4:00 P.M. APRIL 25, 2023 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson Condon at 4:00 p.m. via zoom and in -person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Brad Condon, Jeri Thornsberry, Craig Holdiman, Carole Gustafson, and John Beckman. Members present electronically were: none. Members absent were: none. Others present were: Lexi Blank, Aric Schroeder, & John Dornoff — Planning Department, and three citizens. Others present electronically were: Dave Boesen — City Council Liaison and one citizen. I. Approval of the Agenda It was moved by Holdiman and seconded by Gustafson to approve the amended agenda moving item 2 to last. Motion carried unanimously. H. Approval of the Minutes from the regular meetings on March 28, 2023. It was moved by Gustafson, seconded by Beckman, to approve the minutes of the March 28, 2023, meeting. Motion carried unanimously. III. Decision Items 1. Request by JMZ Rentals for a variance to the minimum accessory structure size limit to allow for two attached accessory structures to be 12.75 feet wide each, 1.25 feet less than the minimum 14 feet required in conjunction with the construction of two single-family homes on 40' wide lots in the "R-2" One and Two Family Residence District located south of 606 Wallgate Avenue. Blank read the staff report recommending approval of the request. Condon noted that on the floor plan, the outside dimension is 11' 9", but if you go to the bottom of the garage door, the dimension is 12' 0", which seems like it should be the same. Condon also stated he is not in favor because he feels that the garage is not wide enough, to which Holdiman stated that he agreed it is narrow, but you also have 24' garages that are two -stall garages, so these would actually be wider. Holdiman stated that it appears that the garage is wider than the bedroom, to which Schroeder responded that the original plan showed an 11' 9" wide garage but that a foot was added. Condon stated he wants clarification that if the walls are 12' 8" or 12' 9". Mike Hayworth stated that the bedrooms in the back would have 2" X 6" walls compared to the garage with a 2" X 4" wall. But by moving the wall over it will give a 12' clear span. Condon asked if there was a reason why the applicant would not request a variance to the side yard setback, to which the applicant stated that he did not ask for that because he understood that the 5' Page 241 of 469 City of Waterloo Board of Adjustment April 25, 2023 setback was in keeping with the fire code to keep structures away from each other so that is why he felt it worked better to shrink down the living space than request a side yard variance. Beckman asked if both structures would be identical, to which Hayworth stated yes. It was moved by Beckman, seconded by Thornsberry, to approve the request by JMZ Rentals for a variance to the minimum accessory structure size limit to allow for two attached accessory structures to be 12.75 feet wide each, 1.25 feet less than the minimum 14 feet required in conjunction with the construction of two single-family homes on 40' wide lots in the "R-2" One and Two Family Residence District located south of 606 Wallgate Avenue. Motion carried 4-1 (Condon voting nay). 2. Request by David Krueger for a variance to the accessory structure setback requirement to allow for a setback of 10 inches, 2 feet 2 inches less than the minimum 3 feet required to allow for construction of a new 16' X 20' 320 square foot detached accessory structure in the "R-2" One and Two Family Residence District located at 129 Byron Avenue. Blank read the staff report recommending approval of the request. Condon asked if staff required a survey, to which Dornoff responded no. Holdiman stated that the current garage looks slanted. Beckman asked if there would be any checks and balances in place to ensure the property placement of the accessory structure, to which Dornoff responded that the Building Inspector would be responsible for ensuring it is properly placed. Dave Krueger, 129 Byron, stated that the original garage was 14' X 20', but a corner of the building was removed when the residence was expanded to accommodate the necessary 3' setback. Condon asked if the applicant was going to move the new garage back, to which the applicant stated yes, about 8 feet. Beckman asked if the garage was moved back, if there would be any problems with the garage being too close to the alley, and if there was a fence between the garages, to which Schroeder responded no. Krueger responded that a piece of fencing was put in there to stop kids from cutting through between the garages and was put in with stakes holding it up. Schroeder asked what the applicant was proposing for overhang, to which Krueger responded, 6" overhand and gutter. It was moved by Thornsberry, seconded by Gustafson, to approve the request by David Krueger for a variance to the accessory structure setback requirement to allow for a setback of 10 inches, 2 feet 2 inches less than the minimum 3 feet required to allow for construction of a new 16' X 20' 320 square foot detached accessory structure in the "R-2" One and Two Family Residence District located at 129 Byron Avenue with the condition that the applicant will ensure that the drainage does not drain on the neighbor's property, that the structure does not have overhangs or gutters that extend over the property line, and that a 3-foot setback is maintained from the residence. Motion carried unanimously. -2 Page 242 of 469 City of Waterloo Board of Adjustment April 25, 2023 3. Request by CGA on behalf of Babic Properties, LLC for a variance to the rear yard setback requirement to allow for an 8 foot rear yard setback, 12 feet less than the 20 feet required for the purpose of constructing a new 4-plex in the "R-3" Multiple Residence District located south of 3633 Ravenwood Circle. Blank read the staff report recommending approval of the request. Lary Koosmann, CGA Engineers, stated he was available to answer questions. Condon asked to verify that the house would face the south but that the west was the required front yard, to which Dornoff confirmed. It was moved by Beckman, seconded by Thornsberry, to approve the request by CGA on behalf of Babic Properties, LLC for a variance to the rear yard setback requirement to allow for an 8 foot rear yard setback, 12 feet less than the 20 feet required for the purpose of constructing a new 4 plex in the "R-3"Multiple Residence District located south of 3633 Ravenwood Circle. Motion carried unanimously. 4. Request by Fager Construction DBA Deckworks Cedar Valley on behalf of Eric Bertch for a variance to the side yard setback requirement to allow for a side yard setback of 6.5 feet, 2 feet less than the 8.5 feet required in the "R-1" One and Two Family Residence District located at 4662 Hoff Road. Blank read the staff report recommending approval of the request. Eric Bertch, 4662 Hoff Road, stated he had notarized letters stating the neighbors were not opposed to the proposed deck. Beckman asked if the deck would be within the fenced area and that it would not get closer to the tree that is outside the fenced area, to which Bertch stated the fence would be moved closer to the front of the house but would not change along the side, the deck would be in the fenced area and the tree would not be affected. It was moved by Gustafson, seconded by Beckman, to approve the request by Fager Construction DBA Deckworks Cedar Valley on behalf of Eric Bertch for a variance to the side yard setback requirement to allow for a side yard setback of 6.5 feet, 2 feet less than the 8.5 feet required in the "R-1" One and Two Family Residence District located at 4662 Hoff Road. Motion carried unanimously. IV. Discussion The next meeting of the Board of Adjustment will be on May 23, 2023. V. Adjournment It was moved by Beckman, seconded by Holdiman, to adjourn the meeting at 4:44 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II -3 Page 243 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department June 20, 2023 AGENDA ITEM TITLE Jennifer Bates Board/Commission: Cultural and Arts Commission, Expiration Date: June 20, 2026 (Renewal) 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. Jennifer Bates Board and Commission Application Page 244 of 469 CITY OF WATERLOO, IOWA RECEIVED APR 3 0 2020 BOARDS & COMMISSIONS APPLICATION Date:05101/2020 I, Jennifer L. Bates , request to be appointed to (state preference): (Name) 1 , Cultural and Arts Commission 2. Home Phone: Cell Phone:515-975-1150 Work Phone:319-296-2320 ext. 1211 Email Addressjennifer.bates@hawkeyecollege.edu Home Address3128 Grand Blvd., Cedar Falls, IA Zip Code50613 EmployerHawkeye Community College TitleAssistant Professor of Fine Arts Employer Address 1501 E. Orange Rd., PO Box 8015, Waterloo Zip Code50704 How long have you resided in Waterloo? 5 yrs Email address: bates.lynn.jennifer@gmail.com List current membership in organizations and offices held: Cedar Valley Biennial Committee Member Presenter at Cedar Valley Arts Summit 2.0 am available for meetings: ❑A.M. ❑✓ P.M. Q Noon ❑ Evenings I am available to serve on a Board/Commission the entire year: ©Yes ®No If no, list months not able to serve: July and August Briefly explain your qualifications for appointment to a designated Board/Commission: Artist: I am a practicing visual artist, exhibiting nationally, and have collaborated with students of WCSD on an art installation. Arts Educator: I have taught at Hawkeye Community College, University of Nebraska Kearney and ISU, among other institutions. Education: I hold an MFA in Painting from Pratt Institute and a BFA from Iowa State University. Additional information and comments that may not be evident from information already on this form: I am interested in merging art with the community, bringing art to the general public, creating interdisciplinary art opportunities for K-12 and college students, and seeing a community transformed by working creatives. References (include phone numbers): Kent Shankle, Director, Waterloo Center for the Arts, 319-296-4490 ext. 3448 Catharine Freeman, Dean, Arts & Sciences, Hawkeye, 319-296-4041 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. Signature .Lys 3a&d Submit Application QQ Here or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA Rev02l2o 02 50703 FAX 291-4286; EMAIL: mayorRwaterloo-ia.org; PHONE 291-4301 / I-rd 5Tu1 o -k) 157 -errn', L • Page 245 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department June 20, 2023 AGENDA ITEM TITLE Allen Green Board/Commission: Cultural and Arts Commission, Expiration Date: June 20, 2026 (Renewal) 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. Allen Green Board & Commission Application Page 246 of 469 CITY OF WATERLOO, IOWA RECEIVED FEB 0 7 1022 BOARDS & COMMISSIONS APPLICATION Date:02/04/2022 1, Allen J. Green (Name) 1 Cultural & Arts Commission , request to be appointed to (state preference): 2. Community Development Board Home Phone: CeII Phone:914-384-1420 Email Addressagreen@sarahlawrence.edu Home Address1205 Lois Lane Work Phone: Employer Retired Title Zip Code 50702 Employer Address Zip Code How Fong have you resided in Waterloo? 1 yrs Email address: List current membership in organizations and offices held: None I am available for meetings: ❑A.M, Q P.M, 0 Noon E Evenings I 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: have a Ph.D in History specializing in African History Additional information and comments that may not be evident from information already on this form: have lived in Philadelphia (10Yrs), Middletown, CT (5 yrs), New York City (16 yrs) and New Jersey (6 yrs) References (include phone numbers): Tom Blum 914-216-9219 (cell) 914-395-2203 (work) understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Bo Commission. If selected, I will be available to attend appropriate training sessions. This applic on remain valid and on file for one calendar year from above date. a Da j ,� . . Signatur ' _ App-� d - -pi i_o.-urG -t�:m ,i�'S 4,..'m - T --; d 4-enm . n% 511103 or RETURN TO MAYOR'S OFFICE, 715 MULBE RRY ST., WATERLOO, IA Rev D2/20/2020 50703 FAX 291-4286; EMAIL: mayorPwaterloo-ia.org; PHONE 291-4301 Page 247 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department June 20, 2023 AGENDA ITEM TITLE Janna Diehl Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (Renewal) 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. Janna Diehl Board & Commission Application Page 248 of 469 RECEIVED APR 1 7 2015 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION /' Date: -7• -- I, innnCk r-�11 I (Name) �. , request to be appointed to (state preference): 2. Home Phone:.) (1 • 3.-/ Y S 3 Cell Phone: 50 - 3 `/ 7`/(3 (+ Work Phone: 3( /- S 7 `7`- Home Address 2.5 '%)c.-e j cat` Employer Nv/i,E,, /Tecf itW «c 4 Employer Address 24 o f /i%,-• 4 // A -ex 57ye. 3;2 c How long have you resided in Waterloo? oZT years List current membership in organizations and offices held: 1 ssn v-f2F,/,nirct;5;AdPd6)5;0<1(l, (5f:) ///5,A.)fer e sir (T..O(7`.eQ) pG)f /``//�-eS. �ac1� /-(a - JC Cro . Co/ D - /I - I am available for meetings: A.M. i P.M. 'Noon Evenings I am available to serve on a Board/Commission the entire year: N-Yes ❑ No If no, list months not able to serve: Zip Code J L3 � J fi57/ Zip Code ,5070.2 Briefly explain your qualifications for appointment to a designated Board/Commission: per/r-v4 1--•e /-e/tL1 Additional information and comments that may not be evident from information already on this form: — References (include phone numbers): 230623ram.--,26 - 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 on calendar year from above date, ki 5////s 44v. 649 ,_54t r s. �ti e �� er"-- RETURN TO MAYOR'S OFFICE, 715 MULBERRY T., WATERLOO, IA 50703 Signature Rev041417014 FAX 291-4286; EMAIL: mayorAwaterloo-ia.orct; PHONE 291-4301 4riq --to tt - im;wp bi5D/ t3 Page 249 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department June 20, 2023 AGENDA ITEM TITLE Lon Kammeyer Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (Renewal) 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. Lon Kaymmeyer Board & Commission Application Page 250 of 469 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: !/47e , p4140 /r92--1 1.)/ RECEIVED JUN 0 2 2020 4 ame) / i aZ , request to be appointed to (state preference): (Name}/ n$n�Q.i2. _ Home Phone. Cell Phone:3/7 23 Work Phone: Email Address 1grn 9950 irtm , cum Home Address b'yb' 1Ja=v7n+r 2t LOgii_-0 4y) ICE ZipCode.;—b>.'3•-sZ3o Employer (' e_7,, e y Title Employer Address Zip Code How long have you resided in Waterloo? (,GP yrs Email address:kqw4,9a>kg/r/ si)= C u�=, List current membership in organizations and offices held: /5S- I>is71r rct- !J%mac "Ac.4464 / I A'I=d=1fr r 11e Gl=��FLf fh��PrrcA'r%69�1Y,}) am available for meetings: A.M. = P.M. yNoon E Evenings am available to serve on a Board/Commission the entire year: y Yesri No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Gom ieslao: e+l u9yQ qfaez—per12/� /ei'2 ,J /f,arvie a1/zp Trelk;=Liwd Additional information and comments that may not be evident from information already on this form: References (include phone numbers): 22/ca 939.- / 7l �Z 7 /47 Jt 3/yv')997 'y 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. Signatur RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Revoar„n8 FAX 291-4286; EMAIL: mavor@waterloo-ia.org; PHONE 291-4301 A K\ 'cl -6 I LQ I3c3133 . Page 251 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department June 20, 2023 AGENDA ITEM TITLE Richard Newton Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (New) 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. Richard Newton Board & Commission Application Page 252 of 469 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date:0712212022 I, Richard (Rick) R Newlon (Name) 1. Leisure Services Commision 2. request to be appointed to (state preference): METROPOLITAN TRANSIT AUTHORITY Home Phone: 319-231-6589 Cell Phone:319-231-6589 Email Address Rick.Newlon@unitypoint.org Home Address2319 W. 7th St EmployerUnityPoint Health Allen Hospital Employer Address 182 Logan Ave How long have you resided in Waterloo? 50 + yrs Work Phone: 319-226-2398 Zip Code50702 TitieRegronal Construction Manager Zip Code50703 Email address: Rick.Newlon@unitypoint.org List current membership in organizations and offices held: None am available for meetings: RAM. 0P.M. Q Noon Q Evenings am available to serve on a Board/Commission the entire year: @'es ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: 26 years working for Allen Hospital and UnityPoint Clinic in various rotes. I understand the importance of residential programs to promote physical, emotial and mental stability for all of our citizens. Additional information and comments that may not be evident from information already on this form: References (include phone numbers): Sarah Brown 319-235-3973 Tina Nobis - 651-491-2784 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 ses,icrlis.rf is,applicati ,will remain valid and on file for one calendar year from above date. Signature -�° j~ ai, Rev 0�729(2O20 or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayorpwater#oo-ia.orq; PHONE 291-4301 Page 253 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department June 20, 2023 AGENDA ITEM TITLE Dusky Steele Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (Renewal) 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. Dusky Steele Board & Commission Application Page 254 of 469 CITY OF WATERLOO, IOWA RECEIVED SUS 202i1 BOARDS & COMMISSIONS APPLICATION Date:June 1, 2020 I, Dusky Steele (Name) 1. Metropolitan Transit Authority 2 , request to be appointed to (state preference): Home Phone; 541-968-0157 Cell Phone: 541-968-0157 Work Phone: 319-232-3823 Email Addressduskys@houseofhopeccd.org Home Address 1109 Tremont St., Cedar Falls EmployerHouse of Hope Employer Address845 W. 4th St., Waterloo Zip Code50613 Title Development Coordinator Zip Code 50702 How long have you resided in Waterloo? niayrs Email address:duskymae@yahoo.com List current membership In organizations and offices held: Grin & Grow Child Care Board Member, Goodwill Industries Board Member I am available for meetings: DA,M, E P.M. 0 Noon 0 Evenings I 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: In my role at House of Hope and as a member of other Boards, I have experience working with the population who most need public transportation. I am passionate about coming up with solutions to make transportation work best for those who need i Additional information and comments that may not be evident from information already on this form: References (include phone numbers): Margaret Lenderman 319-573-1140 Karin Rowe 319-830-9373 1 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. Tills application will remain valid and on file for one calendar year from above date. / Signature ) Submit Application Here or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA Rev 02/2a2020 50703 FAX X_ 291-4286; EMAIL: mayor(c�waterloo-ia.orq; PHONE 291-4301 � iRpO1Si z..zl `ems m �9Ic � b(3)10.3 CITY OF TERLOO CITY OF WATERLOO, IOWA COihm"nityofOppo"'"'" BOARDS & COMMISSIONS APPLICATION Date:06/02/2023 Shannon Bass , request to be appointed to (state preference): (Name) 1. MET Board 2. Home Phone: Cell Phone:319-939-3530 Email Addresssbass@neifb.org Work Phone:319-235-0507 Home Address233 Longview Drive, Waterloo Employer Northeast Iowa Food Bank Employer Address1605 Lafayette St. Zip Code50701 Title Director of Programs Zip Code50701 How long have you resided in Waterloo? 44 yrs Email address:sbass@neifb.org List current membership in organizations and offices held: am available for meetings: ZA.M. E P.M. Z Noon �✓ Evenings I 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: I have been serving the community through my employment at the Northeast Iowa Food Bank for over 5 years. I consistently work to advocate for low-income individuals through mulitple working groups and committees throughout the Cedar Valley. Many of the people we serve utilize the MET tranisit system and I hope to provide my expertise, assist in decision -making to best serve all of those living in our community. Additional information and comments that may not be evident from information already on this form: References (include phone numbers): Barbara Prather - Northeast Iowa Food Bank 319-235-0507 Lisa Sesterhenn - Black Hawk County Health - 319-292-2243 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. Signature Rev 02/20/2020 RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor@waterloo-ia.org; PHONE 291-4301 Page 256 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Motion approving appointment of Robbie Decker from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective June 21, 2023. RECOMMENDED COUNCIL ACTION Approve Appointment 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. Equipment_Operator_II_4.2023 Page 257 of 469 PERSONNEL REQUISITION FORM Check as applicable; ® To start recruiting or civil service process and/or ® To fill a vacancy El Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources, ********************'**************4*4* 4***********4r****4e*****4********4************sir*4************ Position Tittle; Equipment Operator II Department; Street Reports 'I'o: Street Director Work Location: Public Works Facility - Street Dept Employment Status: Type of Position: Civil Service Position: Bargaining Position: Bargaining Group; 177 Non -bargaining Position; ® Regular Full Time ❑ Regular Part Time ❑ Regular 7-Month 1Zt Temporary Full Time from to Temporary Part 'lime from to Intern/Coop Student from to Recommended Recruitment Sources: Yes ❑ No C internal Posting Only ® Yes [ No n Internal Posting and External Advertising ❑ Yes El No ******************4*****4*********4*4***44*4**4***4*******444****44****s***4*4************* :***4** Complete the following if the requisition is to fill a vacancy; El New Position or ® Replacement Position for: Russ Kies EOII (Specify name Mid tine of former incumbent) If replacement, former incumbent; Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 7/21/2022 Date of final payout; 8/12/2022 Anticipated start date: ASAP No. of hours/week; 40 Work schedule: Justification of need for position: Position is budgeted and required to support street department operations in chip sealing, crack sealing, street maintenance and snow removal. Request authroization to begin Civil Service Process and make an appointment What are the likely consequences if the position is not filled? A reduced number of employees will have a negative impact on the departtnent's ability to complete all necessary street repairs and snow removal operations. APPROVALS Annual salary requirements: $62,108.80 'Hourly Rate; Hourly Rate; $29.86 Benefits; $46.45. (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes..• ❑ No If no, how will position be funded? Approved'.bject to;t le following conditions: Subtnitlin ep t mcntd Dale 04/17/2023 11:32 AM EDT Cp,Fitein€ fflce;' I �icfD 7 e�5 04/17/20Hate 12:10 PM EDT l-tutnan Resources Committee Chairperson Date C2ueiz p3 04/15/2023 04:00 PM EDT Mayo'. Date 04/17./2023 LG.Kz.e. t)u.v,.v,. sio i 11:26 AM EDT Human tLesotnees Director Date; Created 6/30/2017 Page 258 of 469 PERSONNEL REQUISITION Equipment Operator II The following questions, are provided as guidelines to assist you in developing your rational for the position of Equipment OperatorII in the Street 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? Heavy Equipment Operator (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications; however a reduced number of operators will directly impact the ability to provide timely citizen services. (3) How is the .work of this position being accomplished now? Reduced number of operators equals reduced tasks that can be accomplished. (4) .Are .the filled positions in your department currently being utilized to their Maximum potential?. Y,es;; How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)?. This position is necessary for the department to meet the departmental objectives, i.e., seal -coating, grading of alleys, ditching, maintaining shoulders, street sweeping and most importantly snow and ice control. (5) (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. Position is directly related to providing citizen services in a timely manner. (7) If you are paying overtime or comp time within your department to . accomplish, this work now, how much overtime or comp time has been paid out or earned that is,directly attributable to this position and over what period of time? The departmentpays overtime only as necessary. These positions are assigned.projeets and routes critical to meet the demands of our citizen support programs. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The department workload is multi -faceted, citizen complaints, annual preventive street maintenance, seasonal street maintenance and now storm water ordinance compliance generated. It is Page 259 of 469 (9) more critical than ever that this position be filled to support the additional maintenance necessary on University Avenue. If this position is riotifilled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Should these positions go unfilled, we will have not have the personnel resources to complete the demands and service expectations that the citizens have come to expect. Less equipment operators means less material loads to and from the work site, increased idle time for other personnel waiting for product as well as an increase in snow removal overtime and less equipment available to handle snow emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As any position, some jobs can't be completed with the timeliness expected of both the department and the fustormer. (11) Is it possible that the City could outsource this position to an outside agency? If so; what 'savings, if any, would the. City realize as a result of this change? 1 don't believe it practical to outsource the duties of equipment operator. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? During snow emergencies, many businesses in town cannot operate without access to their businesses. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered service delivery approach. Note: Forward completed'cluestionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 260 of 469 CITY OF TERLOO IOWA t,:irmrrvinity+uFFljl,ut ru y SALARY $28.86, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Performs skilled construction and street maintenance involving the safe operation of mixer, reclaimer, rotomill, pulverizer/mixer, mechanical/vacuum sweeper, end loader, grader, vibratory roller, track/wheeled excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck, salt/sand truck and equipment requiring a class A CDL with air brakes and tanker endorsement. Equipment Operator I functions such as pothole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Street Director and a Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Operates mixer, reclaimer, rotomill, pulverizer/mixer, mechanical sweeper, end loader, grader, vibratory roller, track/wheeled excavator and wheeled backhoe and Equipment Operator equipment such as snowplow, dump truck, salt/sand truck and equipment requiring a class A CDL with air brakes, and tanker endorsement. 2. Performs routine street repairs such as pothole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 3. Assists in preparation for winter by erecting snow fence, installing plows, wings, spreaders on trucks and spraying anti -icing material. 4. Assists in loading, hauling and plowing snow and operating sand/salt trucks during snow emergencies. Page 261 of 469 5. Participates in special service programs such as emergency storm damage clean up. 6. Assists in projects such as cleaning, mowing and maintenance of property. 7. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 8. Cleans roadside ditches of brush with weed trimming equipment or chain saw. 9. Washes vehicles, changes tires, plow blades, plow markers and general equipment and vehicle repairs. 10. General maintenance of city buildings including carpentry, plumbing, flooring, cleaning and painting. 11. Assists other departments as needed (Example would be mechanical work in the garage or picking up refuse in the Sanitation Department.) 12. Works in busy traffic areas, operating street maintenance equipment or on foot, 13. Performs street maintenance and repairs in trenches and on uneven ground. 14. Performs work of a repetitive nature and varied workload pace. 15. Works independently and with others with minimum supervision. 16. Attends work regularly at the designated place and time. 17. Works outside in all weather conditions; works near moving vehicles and equipment; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and fumes from traffic. 18. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Public Works safety rules and regulations. 19. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of traffic and safety rules. 2. Ability to safely operate specified equipment as well as dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power and hand tools used in street construction and maintenance work, 3. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 4. Ability to learn the City street layout. 5. Ability to read street signs, chemical hazard labels and written directions of supervisors. 6. Ability to work alone when operating snow removal equipment. 7. Ability to complete daily work sheets whether written and/or the use of a computer, tablet, etc. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to respond to questions and comments from the public tactfully and politely. 10. Ability to communicate effectively and maintain working relationships with other city employees, supervisors and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hardhat. Page 262 of 469 2. Must comply with City of Waterloo Residency Policy for Critical Employees (must live within 30- mile radius of Waterloo City Hall within period as determined by department head). Must maintain a local telephone number where can be contacted quickly. 3. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 5. Must submit to and pass Civil Service examination procedures including an equipment test involving Street Department vehicles and equipment operated in this classification and a panel interview. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of traffic and safety rules. 2. Ability to safely operate specified equipment as well as dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power and hand tools used in street construction and maintenance work. 3. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 4. Ability to learn the City street layout 5. Ability to read street signs, chemical hazard labels and written directions of supervisors. 6. Ability to work alone when operating snow removal equipment. 7. Ability to complete daily work sheets whether written and/or the use of a computer, tablet, etc. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to respond to questions and comments from the public tactfully and politely. 10. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/GED. 2. Minimum two years of related street construction experience in all types of weather conditions. Experience must be verifiable. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 3. Valid Class A Commercial Driver's License with tanker and air brakes endorsements 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 ten 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 Page 263 of 469 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 strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies, 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. 8. For applicants that meet the essential physical abilities standards, reasonable accommodations may be considered WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. or 11:00 p.m.-7:00 a.m. Will generally work Monday through Friday with twenty -minute paid lunch. Will be required to respond to emergency calls on weekends, evenings and holidays generally caused by weather. There may be significant overtime during severe snow emergencies or flooding. EQUIPMENT EXAMIMATION All qualified applicants who apply by the deadline date will be required to participate in an equipment examination that will test skills in operating equipment used in this job classification. An applicant must receive a minimum of 80 out of 100 points to achieve a passing score on the equipment examination. The equipment examination will count 60% of the overall test score. ORAL EXAMIMATION Those applicants who pass the equipment examination 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 applicant must receive a minimum average score of 60 points out of 100 to achieve a passing score on the oral examination. The oral examination will count 40% of the overall test score. The top applicants, as ranked by their scores as determined by combining 60% of the equipment examination score with 40% of the oral examination score will be the individuals placed on the certified lists. Appointment is Page 264 of 469 contingent on passing a physical examination including a drug test and possession of a good driving record based on the City of Waterloo driver performance criteria. Applicants who qualify as outlined and who are full time regular employees of the City of Waterloo will have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. A.A.IL.E.O. Minority, female & disabled individuals are encouraged to apply. Equipment Operator 1I April 2023 Page 265 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department June 20, 2023 AGENDA ITEM TITLE Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit "A", and authorizing the City Clerk to approve any Cigarette/Tobacco applications received and paid for, between June 21, 2023, and July 1, 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 266 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department June 20, 2023 AGENDA ITEM TITLE Liquor Licenses a. Black Hawk Tennis Club, 1005 Black Hawk Rd., Class Special Class C Alcohol w/Outdoor Service and Sunday Sales, New- Exp: 5/31/2024. b. Kwik Star #723, 707 Broadway St., Class B Alcohol w/Sunday Sales, New - Exp: 7/21/2024. c. Cork's Grocery, 1956 Lafayette St., Class E Alcohol w/Sunday Sales, New - Exp: 4/29/2024. d. El Mercadito, 520 LaPorte Rd., Class B Alcohol w/Sunday Sales, New - Exp: 5/20/2024. e. Kwik Star #724, 1105 Cedar Bend St., Class B Alcohol w/Sunday Sales, New - Exp: 7/21/2024. f. Kwik Star #722, 1214 Franklin St., Class B Alcohol w/Sunday Sales, New - Exp: 7/21/2024. g. Starbeck's Smokehouse, 250 Westfield Ave, Ste 101, Class C Alcohol w/Outdoor Service, Catering and Sunday Sales, New - Exp: 6/4/2024. h. Target, 1501 E. San Marnan Dr., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/27/2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 267 of 469 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 268 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department June 20, 2023 AGENDA ITEM TITLE Application for Fireworks Display: Sunnyside Golf and Country Club, July 4, 2023, 1600 Olympic Drive, beginning at 9:30 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 269 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department June 20, 2023 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BONDS FOR COUNCIL APPROVAL_6.20.23docx Page 270 of 469 1914530 IA5646880 7901144612 55-223886 IA 537826 2171184 66237411 IA5645822 106744910 646662883 IA5960963 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL June 20, 2023 ASPRO, INC. DIRECT LINE COMMUNICATIONS, INC. K CUNNINGHAM CONSTRUCTION, LLC KOELKER EXCAVATING, INC. MARTINSON CONSTRUCTION CO, INC. PRICE INDUSTRIAL ELECTRIC, INC. PURDY PRETTY PROJECTS, INC. STOREY KENWORTHY COMPANY, INC. TD&I CABLE MAINTENANCE, INC. VERACITY EXCAVATING, INC. WHOLE EXCAVATION, LLC WATERLOO, IA MISHAWAKA, IN CEDAR FALLS, IA WATERLOO, IA WATERLOO, IA ROBINS, IA LA PORTE CITY, IA DES MOINES, IA LAKE SAINT CROIX BEACH, MN LA PORTE CITY, IA HUDSON, IA Page 271 of 469 CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE MEETING DATE June 20, 2023 Request by Dhani Re Investments, LLC, to locally designate 722 Water Street as a Historic Landmark. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to locally designate the property at 722 Water Street. This will allow the property to be eligible for State Historic Tax Credits for the buildings rehabilitation. The developer plans to introduce a new restaurant in the old restaurant space. The top two floors will become apartments. The exterior of the building will be opened up with the addition of windows where the original windows once were. The former Black Hawk Fruit Company Warehouse was built in 1916 and is not considered eligible for the National Register of Historic Places. The site is highly visible as you enter from the 6th Street Bridge over the Cedar River. The local designation of this site will be beneficial for the downtown area of Waterloo, as it will bring residents and visitors to a centrally located riverfront property. The property was used as a restaurant for many years. Huckleberry's Dining Emporium and Brinkley's Landing occupied the space before closing in 1996. North Bank Cafe was another restaurant use inside the building before Huckleberry's. Once a property is a Locally Designated Landmark, the property will be subject to the City of Waterloo Historic Preservation design review to ensure that the property keeps its historic character. The Waterloo Historic Preservation Commission had no concerns with the status of a local designation, knowing the deck on the west side of the building may need to be removed at some point if repairs to the levee are needed, as the deck rests on and projects over the flood control levee. The request was approved by the Waterloo Historic Preservation Commission at their regular meeting on April 18, 2023. The request was approved by the Planning, Programming, and Zoning Commission at their regular meeting on May 9, 2023. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Page 272 of 469 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE A_CTIO_N Denying the request would cause the site to not be a Locally Designated Landmark and would not be eligible for State Historic Tax Credits. LEGAL DESCRIPTION ATTACHMENTS 1. Council Packet Page 273 of 469 May 9, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: Request by Dhani Re Investments, LLC to declare 722 Water Street (former Black Hawk Fruit Company) a Locally Designated Historic Landmark. Dhani Re Investments, LLC, 526 40th Street, Des Moines, IA 50312 The applicant is requesting that 415 Walnut Street be declared a Locally Designated Historic Landmark. IMPACT ON It would appear that the request would not have a negative impact NEIGHBORHOOD & on the area. The designation would add the building as a local SURROUNDING historic landmark, which could help the developer acquire state LAND USE: historic tax credits for redevelopment. VEHICULAR & The designation would not appear to have an impact on traffic PEDESTRIAN conditions. TRAFFIC CONDITIONS: RELATIONSHIP TO The area does have an extensive sidewalk system. The Cedar RECREATIONAL Valley Lakes Trail is located directly adjacent to the site. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The site is zoned "C-3" Central Business District and has been FOR SITE AND zoned as such since the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: Other surrounding land uses and their zoning are as follows: North — Keystone Automotive, Courier and MercyOne offices, zoned "C-3" Central Business District. DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: South and West — Cedar River East — UNI Center for Urban Education zoned "C-3" Central Business District. The surrounding commercial uses were built between 1900 and 1998. No buffering would be required as part of this request. The request would not appear to have a negative impact upon drainage in the surrounding area as the building has existed since 1916. The property in question is located within Zone X (protected by Levee) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Page 1 of 3 722 Water Street — Locally Designated Landmark 20 Page 274 of 469 May 9, 2023 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: Lowell Elementary School is located 0.80 miles to the southeast, Cunningham School of Excellence is 1.0 mile to the northeast, and East High School is 0.5 miles to the northeast. Lincoln Park is located approximately 0.2 miles to the northeast of the site. The project is served by existing utilities. The Future Land Use Map designates this area as Commercial. This request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site in question is located within the Primary Growth Area. The applicant is requesting to locally designate the property at 722 Water Street. This will allow the property to be eligible for State Historic Tax Credits for the buildings rehabilitation. The developer plans to introduce a new restaurant in the old restaurant space. The top two floors will become apartments. The exterior of the building will be opened up with the addition of windows where the original ones once were. The former Black Hawk Fruit Company Warehouse was built in 1916 and is not considered eligible for the National Register of Historic Places. The site is highly visible as you enter from the East 6th Street Bridge over the Cedar River. The local designation of this site will be beneficial for the downtown area of Waterloo, as it will bring residents and visitors to a centrally located riverfront property. The property was used as a restaurant for many years. Huckleberry's Dining Emporium "Brinkley's Landing" occupied the space before closing in 1996. North Bank Cafe was another restaurant use inside the building before Huckleberry's. Once a property is a Locally Designated Landmark the property will be subject to the City of Waterloo Historic Preservation design review to ensure that the property keeps its historic character. The City of Waterloo Historic Preservation Commission voted 8-0 at their April 18, 2023 meeting to recommend approval of the request. There is no platting required as a part of this request. Page 2 of 3 722 Water Street — Locally Designated Landmark 21 Page 275 of 469 May 9, 2023 TECHNICAL REVIEW COMMITTEE: Knutson noted the request should go back to the Historic Preservation Commission to clarify if the deck is part of their approval of the local designation. The deck may need removed at some point because it sits on top of the levee and could become a safety hazard. Staff does not want to run into issues with the Historic Preservation Commission if the deck structure needs to be removed. STAFF Therefore, staff recommends that the request by Dhani Re RECOMMENDATION: Investments, LLC to declare 722 Water Street (former Black Hawk Fruit Company) a Locally Designated Historic Landmark be approved for the following reasons: 1. The proposed designation would help preserve a riverfront building and return it to its historic character. 2. It will support the continued economic growth in the Downtown area. 3. The request would not appear to have a negative impact on the surrounding area or traffic conditions in the area. Page 3 of 3 722 Water Street — Locally Designated Landmark 22 Page 276 of 469 City of Waterloo Planning, Programming and Zoning Commission May 9, 2023 eRo '90 ,.�yS M-1 R-4,R-P RSITYAVE W.51 604 ST W PLEASANT ISTON C-2,C-Z C-1 HENRY CT w AVE 0 DANE ST SAXON ST 5) ALMOND IME ST z z of wN R-4,R-P R-3 �- T 0 Ice x Im `MAPLE ST • SUMNER ONEIDA 0 RRIMAN ST co N w m AVE COURTLAND ST x 5) DOUGLAS ST nO 722 Water Street Historic Nomination Dhani Re Investments, LLC 23 n ...... 777 ..F AGl1 City of Waterloo Planning, Programming and Zoning Commission May 9, 2023 722 Water Street Historic Nomination Dhani Re Investments, LLC Iowa Site Inventory Office of Historic Preservation Iowa State Historical Department East 12th & Grand Avenue Des Moines. Iowa 50319 Identification 1. Site Name 2. Village/Town/City 3. Street Address 4. Legal Location Site Number District Name Map Reference # 372 07-028-4018 Black Hawk Fruit Company Waterloo Township 722 Water County Rural: township range section Urban: subdivision block parcel subparcet a section of '4 section 5. UTM Location: zone easting northing • Acreage 6. Owner(s) Name 7. Owner(s) Address (Street address) (City) 8. Use: Present "Brinkley Square" Original (State) (Zip) wholesale produce Description 9. Date of Construction 19103 Architect/Builder 10. Building Type: ❑ single-family dwelling ❑ industrial ❑ multiple -family dwelling ❑ educational ❑ otherubliinstitutional 0 religious commercial ❑public ❑agricultural 11. Exterior Walls: ❑ clapboard ❑ stone 1/15rick ❑ board and batten ❑ shingles ❑ stucco ❑ other 12. Structural System: ❑wood frame with interlocking joints ❑wood frame with light members (balloon frame) ❑ masonry load -bearing walls ❑ iron frame 0 steel frame with curtain walls ❑ reinforced concrete ❑ other 13. Condition: 0 excellent 0 good ❑ fair ❑ deteriorated 14. Integrity: ❑ original site ❑ moved —if so, when? Notes on alterations, additions (with dates and architect, if known) and any other notable features of building and site: 15. Related Outbuildings and Property: 0 barn 0 other farm structures ❑ carriage house 0 garage ❑ privy ❑ other 16. Is the building endangered? ❑ no ❑ yes —if so, why? 17. Surroundings of the building: ❑ open land ❑ woodland 0 scattered outbuildings 0 densely built-up ❑ commercial ❑ industrial ❑ residential ❑ other #4504, fr. 35, 36 18. Map CPE-41965 273-0228 722 Water Significance (Indicate sources of information for all statements) 20. Architectural significance ❑ a. Key structure/individually may qualify for the National Register ❑ b. Contributing structure c. Not eligible/intrusion Perhaps the last best ve stige of Waterloo's once thriving wholesale grocery businesses, the large structure has been severely altered: large greenhouse addition (for restaurant), new entry (not visible in photo), windows enclosed inappropriately. Note panels with banana sculptures between top story windows and sign "Black Hawk Fruit Company" in parapeted gable. 21. Historical Significance Theme(s) ❑ a. Key structure/individually may qualify for the National Register '❑ b. Contributing structure ❑ c. Not eligible/intrusion 22. Sources (for primary and secondary sources, give complete facts of publication: author, title, place of publication, date, etc.): Prepared by Date Address Telephone Organization_ For Office of Historic Preservation Use Only 1. Office Information Sources on this Property ❑ County Resource File ❑ Windshield Survey ❑ National Register ❑ Grants -In -Aid• ❑ Determination of Eligibility 2. Subject Traces a. b c d ❑ Review and Compliance Project: ❑ Other ❑ Other ❑ Other 3. Photo Images e Page 280 of 469 CONTINUATION SHEET Black Hawk Fruit Co. 722 Water 27 Page 281 of 469 Iowa Site Inventory Office of Historic Preservation Iowa State Historical Department East 12th & Grand Avenue Des Moines. Iowa 50319 Identification 1. Site Name Black Hawk Fruit Co Waterloo Black Hawk S 2. tree /Town/City ,(a2 Water Township County 3. Street Address Site Number 07-028— District Name Map Reference # 4. Legal Location Urban: subdivision block parcel subparcel Rural: township range section 'i section of i section `5. UTM Location: zone easting northing ; Acreage 6. Owner(s) Name 7. Owner(s) Address (Street address) (City) (State) • (Zip) restaurant, shops fruit wholesale warehouse 8. Use: Present Original Description 9. Date of Construction 10. Building Type: 1916 Architect/Builder ❑ single-family dwelling ❑ industrial ❑ other institutional ❑ religious ❑ multiple -family dwelling ❑ educational ❑ public 0 agricultural g commercial 11. Exterior Walls: ❑ clapboard 0 stone brick ❑ board and batten ❑ shingles ❑ stucco ❑ other 12. Structural System: ❑ wood frame with interlocking joints ❑ wood frame with Tight members (balloon frame) ❑ masonry load -bearing walls 0 iron frame ❑ steel frame with curtain walls ❑ reinforced concrete ❑ other 13. Condition: ❑ excellent 0 good 0 fair ❑ deteriorated 14. Integrity: ❑ original site ❑ moved —if so, when? Notes on alterations, additions (with dates and architect, if known) and any other notable features of building and site: 15. Related Outbuildings and Property: ❑ barn ❑ other farm structures 0 carriage house 0 garage ❑ privy ❑ other 16. Is the building endangered? ❑ no ❑ yes —if so, why? 17. Surroundings of the building: 0 open land 0 woodland ❑ scattered'outbuildings ❑ densely built-up ❑ commercial ❑ industrial ❑ residential ❑ other 18. Map 19. Photo Roll see arch survey Frame View 28 Page 282 of 469 Significance (Indicate sources of information for all statements) 20. Architectural significance ❑ a. Key structure/individually may qualify for the National Register ❑ b. Contributing structure ❑ c. Not eligible/intrusion Black Hawk Fruit Co. 722 Water St. Commerce --wholesaling 21. Historical Significance Theme(s) ❑ a. Key structure/individually may qualify for the National Register 0 b. Contributing structure A'c. Not eligible/intrusion The site is associated with the establishment of wholesale operations in Waterloo, which contributed materially to economic development. Its location, by the Illinois Central tracks, illustrates the importance of good rail connections to wholesalers. Alterations to the building have substan- tially diminished its historical significance, however. The structure was built in 1915. NOT ELIGIBLE 22. Sources (for primary and secondary sources, give complete facts of publication: author, title, place of publication, date, etc.): Waterloo Evening Courier & Reporter, January 1, 1916. Prepared byBarbara Beving Long Address 3140 EasLon Blvd. OrganizatioNidwest Research, lies Moines, Date Telephone 1986 515-266-4964 I For Office of Historic Preservation Use Only 1. Office Information Sources on this Property ❑ Review and Compliance Project: ❑ County Resource File ❑ Windshield Survey 0 Other ❑ National Register 0 Other ❑ Grants -In -Aid• 0 Other 0 Determination of Eligibility 2. Subject Traces a. b. c. d 3. Photo Images e. 29 Page 283 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— HISTORIC IMAGES 01. Black Hawk Fruit Company— 1916 00 • + • ' • r r * • r • 11111 I fill 11111111 6 MI MI im L !1lII111ii! Ins!! I MI 1111 1111 1111 111 1111 ill 1111 j11i11 1 nIIIIIM 4101 :n IN IN ON IN VI IN NO f! ' #� I11I 1111 (Source: The Courier (Waterloo), January 01, 1916.) 4 ill rim 1 30 Page 284 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— HISTORIC IMAGES 02. Black Hawk Fruit Company— 1919 (Source: The Courier (Waterloo), November 15, 1919.) 2 31 Page 285 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1 - MAPS 01. USGS 7.5 Minute Topographic Map — Waterloo South Quad — 1963 ra • ,'tan i -Fr Zit` ,_ 1.1112 1 , �l 1 ® Atir,_' (Source: https://store.usgs.gov/) • • K inrei 3eh, `•. _B3 N Black Hawk Fruit Co. Latitude/Longitude: 42.4962 501-92.335 390 1 32 Page 286 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1 - MAPS 02. Locator Map — 2023 rm.... ...- • . : -• , . • .7., •-••44k ' :. \ N. ..,ueporr, :,;0,ence .a - ; . 1 rn5c:i in A CATI,• s. _.,..., .... 4. ..- 'Y. • ." •.gall4.....44 ,,,, ...,,:f.....^.1 ' ... ..,..,..:::: rqq.VtleasitIM . 1 !i-ol.. .... • ,- -I- _• ' •• V Vdee4,1161`4 1....,.... ..--... , . ..s. , ... • .4, er oi.,-.........,. 4..,46 4 .A. •-•;:,;;„, lik,......• ..•• .z. -ger. V4[0,1* • •i• .. . • • .. _ • * • ' Hlet 'IN i' .1 '', / •-•/ • V -? •• # . --- ••• '''' -• - - # .,,.:' ; • — . . .\•".x.. N•• ...... . • :4!:: ... .. • .. Crystal DmAri..b.,,,,:l• 4, !• L',.....- • '.-. • 0 a.- .,. Ssr.e.amirt;Eaglill 0 .•'''' ":' ''''.3: :#4.°41.• 'i • -' 4 --..':. ..,,, .. , aliqh,..... ..,1, if • .. krner.rk Btr anti GM ..K.F.!?:10.21Q.A......." ... ,,.-7" • ...2,., ' ::* 'Ith MY ..4°•---- • .."' . • , . • 117- IRGI ,• ___. . •,.:,-:•‘,- ....4 2 ,..!-:ify of Wraferfoe .e +•,' t .r.ii• • • 1. --. 7 24. • Puhi• r• WorY, • '''-' ( Alm. .,;„,., N111111: • . • . , • NI% •Bla4c kt-1.1 .i.+0, Unfted,States 0 • 5.--40,t•P‘ • -W•Con,,,,,ve pOstal sg.-1;•er plack..HAli,' •'1. ‘111 ... - : ' -. . ' ..., East' E'Pd'Autiorno. live' 4,,- ..• . ! r !d-,•00an S : Ibi.'Ir frir•thre Arts lit" .77;k: 'Y.,. :11t4. . :. .: ..,,. ,...e. ..„.:2„,,,..nc.,,,. \couni,:aull-hr..,re • • . :*,1.....u.ri ,:*rt... .. . . . . Ars n•or !i.. dil, . I nd ependen. ",- f -1. 4.. . ••''',i,,.VY'aEcr St'!'‘ :. :. '..... , • . ••..4. voai"eilca.i. ifi•h0/03 . • • ii,...r.,. 11.! . - . , • „ . 1.:11Florml.Sorvice'q )6. , '; ..... ....". . ' ... ' ' . :ij, .• • - -I. .' ..• • 100 Si,pp,T,Hrkpt N .,r,, Frani:1.n Sit / Jo. e...qpwn Bc tie YOU ng Aopriatif", I 44111P, • Rome .• • • • • ' AJI•a•:'.• Brkervfar.:•r;rocery. nr• 40 ack0 yY.Y.'ur Sheri f . APC eit),I_MerYN .7••&-",_•nrchemPrinfing • •••• ff.r.,05.4A40. rir• ••• : ii- Work. iv N (Source: https://www.google.com/maps/place WaterlooMA/@42.4963036,-92.4132112,12z/) 2 33 Page 287 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1 - MAPS 03. Assessor's Parcel Map — 2023 (Source: https://beacon.schneidercorp.com/) The location of the building is shaded in blue with the property parcel outlined. 3 34 Page 288 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1 - MAPS 04. Sanborn Company Fire Insurance Map —1910 ?3 625 629 t T !/N.E') FA-298 .zi, NAB ear USED 7rCb /ire SV.4 �TH • •fry 71,10 V.,r(/ • 7. S�//vv g i E'TRL i3/OR.w/wG ifr { 14 As I 0 kiz 2%A/YEhygY ls.7 — - it As 2 •°Ci — T —__ o nk \ ,..... LS j/LE Q 9pjC 1 .�' L' 1 -/. '45" l o 1 k f` 20 1+7. per st. ' ZO ak.' 1 moIQ R -v 1 g x i u W pia It • , 12.t � r 0,1 • L_--- —P L, X i _F 81 /0 `i E '• 707 7// 75 WATER :v2 708 714 �-a C N 1 I Q D (Source: https://www.loc.gov/rr/geogmap/sanborn/states.php?statelD=17&Submit=SEARCH) The 1910 Sanborn map covers just the edge of the site upon which the Black Hawk Fruit Co. was constructed in 1916 — its location is indicated in red with the current parcel indicated in blue. Note that the 2-story, brick Waterloo Fruit & Commission Co. warehouse building, the 2-story wood building housing Siebert & Son bottling works, and a small woodworking building — originally located on the current property parcel — are non -extant, the land now a parking lot. 4 35 Page 289 of 469 + C. B. F / I Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1 - MAPS 05. Sanborn Company Fire Insurance Map —1918 717,E %h Zele ✓ 9 G O { +WAS WON, tasra0 rr Curt ▪ e e e 1- OVA 7lrlo_'A 724 pf n18 jg 'M X y YS' G'Ar'f r c o e a• Fti Y 41 t (yam., � Y rV 9 4 U (Source: https://www.loc.gov/rr/geogmap/sanborn/states.php?statelD=17&Submit=SEARCH) By 1918 the Black Hawk Fruit Co. building had been constructed (red outline). At that time, the Waterloo Fruit & Commission remained on the block which was shared with multiple, small-scale, wood buildings. The current property parcel (blue outline) represents the former parcels of the various buildings in place in 1918. 5 36 Page 290 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 01. SITE VIEW: Looking NE from the W. 5th Street Bridge 02. SITE VIEW: Looking NW from the W. 6th Street Bridge 1 37 Page 291 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 03. SITE VIEW: Looking SW along 6th Street 04. EXTERIOR: View of the west and north elevations (historic facade), looking south 2 38 Page 292 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 05. EXTERIOR: View of the north elevation (historic fagade) looking south 06. EXTERIOR: View of the north elevation (historic fagade) looking SW 3 39 Page 293 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 07. EXTERIOR: View of the north elevation (historic fagade) and east elevation, looking SW 08. EXTERIOR: View of the east elevation looking NW Lira • 4 40 Page 294 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 09. EXTERIOR: View of the south elevation looking NW from the W. 6th Street Bridge 10. EXTERIOR: View of the west elevation looking SE 5 41 Page 295 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 11. EXTERIOR DETAILS — HISTORIC FACADE (north): Upper story fenestration 12. EXTERIOR DETAILS — HISTORIC FACADE (north): Parapet building name plate and masonry 6 42 Page 296 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 13. EXTERIOR DETAILS — HISTORIC FACADE (north): Cornice masonry 14. EXTERIOR DETAILS — HISTORIC FACADE (north): Company logo — bunch of bananas 7 43 Page 297 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 15. EXTERIOR: West entrance, looking SSE 16. INTERIOR* — 1st Level (Basement): 1st level atrium looking NE *AII directional references for interior view use plan north 8 44 Page 298 of 469 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 17. INTERIOR — 15t Level (Basement): 1st level atrium looking NW 18. INTERIOR — 1st Level (Basement): Looking SE 9 45 Page 299 of 469 Iowa Site Inventory Form State Inventory Number: 07-09150 ❑ New ® Supplemental State Historic Preservation Office 9-Digit SHPO Review & Compliance (R&C) Number: (January 2016) ❑ Non -extant Year: Read the Iowa Site Inventory Form Instructions carefully, to ensure accuracy and completeness before completing this form. The instructions are available on our website. • Property Name A) Historic name: Black Hawk Fruit Co. B) Other names: • Location A) Street address: 722 Water Street. B) City or town: Waterloo. (❑ Vicinity) County: IA C) Legal description: Rural: Township Name: Township No.: Range No.: Section: Qtr: of Qtr: Urban: Subdivision: O.P. Block(s): FRAC BLK OPP BLK 2 Lot(s): • Classification A) Property category: Check only one B) Number of resources (within property): ▪ Building(s) If eligible property, enter number of. If non -eligible property, ❑ District Contributing Noncontributing enter number of.: ❑ Site 1 Buildings Buildings ❑ Structure Sites Sites ❑ Object Structures Structures Objects Objects 1 Total 0 Total C) For properties listed in the National Register: National Register status: ['Listed ❑ De -listed ['NHL ❑ NPS DOE D) For properties within a historic district: ❑ Property contributes to a National Register or local certified historic district. ❑ Property contributes to a potential historic district, based on professional historic/architectural survey and evaluation. ❑ Property does not contribute to the historic district in which it is located. Historic district name: Historic district site inventory number: E) Name of related project report or multiple property study, if applicable: MPD title Historical Architectural Data Base # • Function or Use Enter categories (codes and terms) from the Iowa Site Inventory Form Instructions A) Historic functions 02H COMMERCE/TRADE/warehouse B) Current functions 02E COMMERCE/TRADE/specialty store 02B COMMERCE/TRADE/professional 70 VACANT/NOT IN USE • Description Enter categories (codes and terms) from the Iowa Site Inventory Form Instructions A) Architectural classification B) Materials 09C01 Construction Method/Frame: Heavy Timber (Hewn) Foundation (visible exterior): 03 BRICK 09D01 Roof Form/Flat Walls (visible exterior): 03 BRICK Roof: Other: C) Narrative description ® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED 46 Page 300 of 469 Site Number: 07-09150 Address: 722 Water Street. City: Waterloo. County: IA • Statement of Significance A) Applicable National Register Criteria: Mark your opinion of eligibility after applying relevant National Register criteria Criterion A: Property is associated with significant events. ® Yes ❑ No ❑ More research recommended Criterion B: Property is associated with the lives of significant persons. ❑ Yes ® No ❑ More research recommended Criterion C: Property has distinctive architectural characteristics. ❑ Yes ® No ❑ More research recommended Criterion D: Property yields significant information in archaeology/history. ❑ Yes ® No ❑ More research recommended B) Special criteria considerations: Mark any special considerations; leave blank if none ❑ A: Owned by a religious institution or used for religious purposes. ❑ E: A reconstructed building, object, or structure. ❑ B: Removed from its original location. ❑ F: A commemorative property. ❑ C: A birthplace or grave. ❑ G: Property less than 50 years of page or ❑ D: A cemetery achieved significance within the past 50 years. C) Areas of significance Enter categories from instructions 05 COMMERCE E) Significant dates Construction date 1916 ❑ check if circa or estimated date Other dates, including renovations D) Period(s) of significance 1916-1925 F) Significant person Complete if Criterion B is marked above G) Cultural affiliation H) Architect/Builder Complete if Criterion D is marked above Architect Builder/contractor I) Narrative statement of significance ® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED • Bibliography ® See continuation sheets for the list research sources used in preparing this form • Geographic Data Optional UTM references ❑ See continuation sheet for additional UTM or comments Zone Easting Northing NAD Zone Easting Northing NAD 1 2 3 4 • Form Preparation Name and Title: Alexa McDowell. Date: 04/07/2023 Organization/firm: A.KAY Consulting. E-mail: akaymcd@hotmail.com. Street address: 526 40th Street Telephone: 515-491-5432 City or Town: Des Moines State: IA Zip code: 50312 • ADDITIONAL DOCUMENTATION Submit the following items with the completed form A) For all properties, attach the following, as specified in the Iowa Site Inventory Form Instructions: 1. Map of property's location within the community. 2. Glossy color 4x6 photos labeled on back with property/building name, address, date taken, view shown, and unique photo number. 3. Photo key showing each photo number on a map and/or floor plan, using arrows next top each photo number to indicate the location and directional view of each photograph. 4. Site plan of buildings/structures on site, identifying boundaries, public roads, and building/structure footprints. B) For State Historic Tax Credit Part 1 Applications, historic districts and farmsteads, and barns: See lists of special requirements and attachments in the Iowa Site Inventory Form Instructions. State Historic Preservation Office (SHPO) Use Only Below This Line The SHPO has reviewed the Site Inventory and concurs with above survey opinion on National Register eligibility: ❑ Yes ❑ No ❑ More research recommended ❑ This is a locally designated property or part of a locally designated district. Comments: SHPO authorized signature: Date: 47 Page 301 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 1 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City Property Description The Black Hawk Fruit Co. warehouse is situated on the city's east side with frontage on the Cedar River — the building's somewhat elevated site increases is visual impact when approaching from the west over the Cedar River's 6th Street bridge. The "Waterloo East Commercial Historic District" is concentrated to the northwest of the warehouse, its southern boundary little more than a block from the building — a loss of historic fabric between the district resources and the warehouse likely led to its exclusion from the district nomination. (Jan Olive Full, "Waterloo East Commercial Historic District," 2010) Using cardinal directions, the resource is sited near the northeast corner of Water Street and E. 6th Street. The present property parcel extends the full perimeter of the half -block upon which the building is sited, which is not the historic condition. The property parcel is bounded by E. 6th Street on the east, the Cedar River on the south, E. 5th Street on the west, and Water Street on the north. The building's historic primary facade faces north, though primary entrance to the building is now made on the west. The site is generally flat with ground not occupied by the building being paved. One large tree is located on both the east and the west with scattered bushes found on the east and the west. A tall retaining wall terminates the property adjacent to the Cedar River. Building Description The Black Hawk Fruit Co. warehouse is a three-story (plus full basement), freestanding, rectangular, red brick building with a flat roof. Constructed in 1916, the resource retains the visually essence of an early 20th century warehouse with contemporary alterations including reorientation of the primary entrance, window replacement, and construction of a riverside enclosed patio diminishing historic integrity. It should be noted that the interior atrium with barrel -shaped skylight has a minimal visual impact from the exterior. Vegetation that is inappropriate to the historic function further impacts how the building is viewed. Exterior The building exterior is largely characterized by the original rectangular form, scale, flat roof, and red brick finish. The historic primary facade faces Water Street. The elevation is arranged in four bays by -way - of vertical masonry piers that extend from a cast concrete base block at grade to the height of the third -floor window openings. Brick is dark red with a heavily textured surface texture. The brick is laid in a running bond; mortar is gray with a fine aggregate and joints are slightly 48 Page 302 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 2 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City concave. Contrasting dark brown brick is incorporated judiciously, including at cornice level where semi -elliptical arched forms executed in the brown brick span each bay. The arches terminate in a flat soldier course across the pier, that section creating the upper element of a frame for a two-dimensional sculpture of a bunch of bananas — sale and distribution of bananas being the company's specialty. The bananas are executed in a light-colored stone or cast stone - a material also used for windows sills, cornice beltcourse, parapet coping, and isolated blocks incorporated into the decorative elements. The building name block is located on -center of the raised parapet. Original openings extend the full width of the wall plane between the piers. Historic images document the original conditions, in which groups of three, double -hung windows with a four - over -four light configuration were located in the upper two stories of each bay. The ground floor openings housed doors surmounted by transoms with a tall dock located in the second bay from the west. Like the upper stories, the ground floor incorporated a considerable amount of glass, which resulted in an open character. The configuration of ground floor openings varied considerably, surely a reflection of function related to its track -side location and the need to support the transfer of goods from building to rail car. The remaining elevations were clearly subordinate to the primary facade — the elevations utilize a secondary grade of brick, lack the decorative elements incorporated on the primary facade, and have fewer openings. The river facing elevation, though lacking decorative elements, featured large expanses of window openings. The east elevation is utilitarian in character, lacking any measure of decorative element. A pedestrian entrance with ramp access has been cut into the elevation, near the north end of the wall. Six upper story window openings (three at each level) have been brick-infilled, their location made obvious by retention of the cast stone sills. Original first -floor cargo openings are retained but downsized by panel infill. The south, river -facing elevation is impacted by the ca.2008 construction of a two-story wood deck and an enclosed patio that wraps around the southwest corner — both structures impair the view of the elevation, leaving it fully visible at the third floor only. Like the east elevation, the south is utilitarian in character, is clad in secondary brick, and lacks decorative elements. The elevation is arranged in five bays, each filled with a span of replacement windows — although not visible from the exterior due to the patio, the elevation remains exposed on the interior of the patio, with window openings retained. The west elevation is impacted by the ca.2008 renovation including the enclosed patio that wraps to this elevation from the south. As a result, first and second floor windows are camouflaged by the patio (openings retained and visible inside the patio) and the third -floor windows have been replaced. The only other windows on the elevation are located on the first - floor, near the north end — lacking the cast sills seen on the east elevation, the openings 49 Page 303 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 3 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City appear to be non -historic. Additionally, the primary entrance to the building was shifted to this elevation. The entrance features a large, timber frame canopy, a wide set of concrete steps with iron railings flanked by planters, a double -leaf door, and exterior box -like display windows. Interior The interior of the Black Hawk Fruit Co. warehouse remains characterized by its historic function. The interior retains the exposed heavy wood timber structural system and wood floors that are central to the original character. The ca.2008 introduction of a central atrium with barrel -shaped skylight was accomplished in a manner consistent with the Secretary of the Interior's Standards and Guidelines. The alteration retains the exposed structural system, incorporated stairs in a manner sympathetic to the period of significance, and utilized glazed systems in adjacent offices to maintain a visual connection between spaces. The interior is arranged around the central atrium with the floor plan at each level determined by the tenant needs. At the second level (ground floor), large tenant spaces result in minimal subdivision and a more open character with the structural system thoroughly understood and wood floors retained. In other areas of the first level (basement) and upper story, smaller spaces have been established. In the case of the upper story, the structural system remains exposed minimizing the adverse impact to the historic character. Generally, the altered interior functions for a contemporary use while retaining a strong sense of the historic function and visual character. Discussion of Historic Integrity The Black Hawk Fruit Co. retains a generally fair to good level of historic integrity. Specific to integrity of location, the resource remains on its original site resulting in a high level of historic integrity of location. Specific to integrity of setting, the resource is adversely impacted by the loss of adjacent and proximal buildings of a similar construction era, particularly those industrial properties that were associated with the city's transformation to a regional industrial center. As a result, historic integrity of setting is fair. As it relates to integrity of association, the resource retains its historic association to the Waterloo east side commercial area to the north. Most importantly, the resource retains its historic association with the Cedar River, remaining the only industrial resource in the immediate vicinity (and one of three retained in a one -mile length along the east river front) dating to the era in which industry drove the city's growth and development. Additionally, 50 Page 304 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 4 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City although the rail lines upon which the company relied no longer exist, the route of the Illinois Central Railroad now functions as the Cedar Valley Lakes Trail, thereby retaining a measure of associative integrity. Regarding design and materials on the exterior, historic integrity is adversely impacted by the addition of an exterior, enclosed patio on the riverside. Further, the facade (north elevation) is impacted by the loss of original windows — however, the openings are retained and the infill is reversible which mitigates the impact. Additionally, the facade masonry, including banana motif is retained. In general, integrity of design and materials on the exterior is fair. On the building interior, integrity of design and materials is good. The insertion of a center atrium with skylight poses the greatest adverse impact to the building interior. However, the building's character -defining, heavy timber structure remains exposed throughout, resulting in a clear understanding of the building's original function and visual character. Integrity of workmanship is best understood by consideration of the condition of a 100-year-old structural system which remains intact and in excellent condition. As a result, integrity of workmanship is good. With a generally fair to good level of historic integrity retained, the Black Hawk Fruit Co. warehouse retains a fair to good level of historic integrity and remains understood and experienced as a warehouse building. Statement of Significance The 1916 Black Hawk Fruit Company warehouse is historically significant under Criterion A. The resource is locally significant in association with the history of Waterloo industry and warehousing. Widely referred to as the "Factory City of Iowa," Waterloo of the early 20th century was a city of some 26,000 with its number of new factories and rate of housing construction standing as evidence of its transformation "from a typical county seat town to an industrialized city of regional influence." (James Jacobson, ""Historical and Architectural Resources Of Waterloo, Iowa." National Register of Historic Places Multiple Property Documentation Form, 1988: F-II.4) For decades now, the built resources that characterized that pivotal era in the city's evolution have been largely or completely gone, having been removed to accommodate flood control measures, highway expansion, or redevelopment, with others lost to fire — a condition that has only deteriorated in recent decades. (Jacobson, 1988: F-II.4) Although the Black Hawk Fruit Co. warehouse lacks the level of historic integrity required for individual listing on the National Register of Historic Places, the building remains largely intact 51 Page 305 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 5 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City and represents one of three resources retained in what has been identified historically as the East Factory District. The building exterior, which has been modified by the enclosure of original window openings, the reorientation of the primary entrance (now on the west), and the construction of a glass -enclosed patio on the southwest corner, the remains at its location adjacent to the Cedar River with the original facade largely intact. Although the original openings have been infilled, they remain visible, and the infill is reversible. Additionally, the original facade retains the original brick, including decorative elements, intact. Of particular note are the sculpted elements representing bunches of bananas, the company's premier product. The building interior retains its original warehouse character largely through retention of the heavy timber, post -and -beam exposed structure, sense of historic volume, and original wood floors. The interior was modified for new use in ca.2008, with an atrium with large skylight inserted in the middle of the building. That alteration was undertaken with care to retain a sense of the original building function. The location of new walls was predicated on the structural grid, leaving most all structural elements exposed. New finishes introduced include gypsum board for new partition walls, limited carpeting, and isolated examples of ceramic tile in locations requiring waterproof flooring. In summary, despite the significant alterations made to the exterior and the interior, the Black Hawk Fruit Company remains easily understood as a warehouse building. As one of rare remaining examples of the property type, the resource represents a very important historical era and economic element of the city's economic development. The building stands on the east bank of the Cedar River between the bridge accesses on 5th Street and 6th Street. As a result, the Black Hawk Fruit Co. warehouse is a rare and highly visible remnant of a pivotable period in Waterloo history. As such, the Black Hawk Fruit Co. warehouse warrants designation as a Local Landmark. The period of significance is 1916-1925, marking the building's construction through the year in which Black Hawk Fruit vacated the building. The period calls attention to the era in which Waterloo rose to become a regional manufacturing center and in which the building best expresses that historic association. The significant date is 1916, the year the building was placed in service. Historical Background The Black Hawk Fruit Company was established by in Waterloo in 1911 with the warehouse on Water Street placed in service in 1916. The company, a branch of the Tri-City Fruit Co. of Davenport, was reportedly the first in the nation to use steam to ripen bananas — the 1916 building was constructed with specialized rooms for cold storage and ripening of bananas. The company also wholesaled other fruits, beverages, and cheese, among a variety of grocery 52 Page 306 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 6 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City sundries. Immediate proximity to the lines of the Chicago, Great Western Railroad and the Illinois Central Railroad made transport of products possible and accounts for the concentration of factories and warehouses in this area of the city. The Black Hawk Fruit Company was a relatively short-lived operation, occupying the warehouse for little more than a decade. In January of 1911, Jackson J. Buzzard established the Black Hawk Fruit Co. in Waterloo. The new company was organized as a branch of the Davenport -based Tri-City Fruit Co., which Buzzard had also founded. The new Waterloo company was located at 821 Mulberry Street (non -extant), three blocks north of the site where Buzzard would soon construct the Water Street warehouse. Jackson Buzzard also had a business in New York from where he distributed apples to Wisconsin, Minnesota, Nebraska, and the Dakotas as well as apples and celery to Iowa and Illinois, gaining him the moniker of the "Apple King of the Middle West." Buzzard was also invested in cold storage warehouses in New York, Iowa (Council Bluffs and Davenport), and Missouri. ("These are the Houses That Jack Built. Iowa's Most Modern Whole Fruit Houses," The Courier (Waterloo), November 15, 1919: 05 and "Black Hawk Fruit Company," The Courier (Waterloo), January 01, 1916: 10.) In August of 1915, local news accounts reported on the excavation underway at the site of the Black Hawk Fruit Company's new warehouse on Water Street. With excavation soon to be completed, construction was expected to start the following week. ("Are Rushing Work on New Building," The Courier (Waterloo), August 31, 1915: 10) The construction contract was awarded to the Lauritzen Company with work soon underway. Designed by Waterloo architect William L. Pedicord, the building would be "equipped with cooling rooms, elevators and electric lights" with a total projected cost of $35,000. ("Lauritzen Company Awarded Contract," The Courier (Waterloo), September 08, 1915: 08) The building permit appeared in the local newspaper, recording construction of a "three-story brick block, reinforced concrete and steel, 70x112, with basement" building on Water Street. ("Building Permit," The Courier (Waterloo), January 01, 1916: 22.) An extensive article and photograph (Figure 06) also appeared at that time, which coincided with the building's near completion, One of the notable improvements of the year was the construction of a three-story modern plant for the Black Hawk Fruit company. The new building, which is now practically completed, is located at 716, 718, 720, 722 and 724 Water street. The plant will be ready for occupancy about the middle of January, but the entire plant will not be in operation before the middle of March, while the grand opening will take place about April 1. The structure will provide 30,000 square feet of floor space, and will cost $40,000 when completed. The structure is three -stories and basement and is 70-feet by 112... modern throughout, having all the latest equipment used in large fruit houses throughout the country. The building is of brick, trimmed with stone. Illinois Central tracks in front and rear provide ample railroad facilities. There is a seven foot platform running the entire width of the building at the rear. This plat form is to be used in unloading fruit 53 Page 307 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 7 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City from cars. Two large doors in front make it possible to back trucks into the building during inclement weather, while there is also a loading platform in front. The heating plant is equipped with the latest steam boilers. The plant will also have a well, and water will be pumped to the third floor for distribution throughout the building. The shipping room office will be on the main floor, with the general offices on the second floor. This office will be 20 by 70. A large room on the second floor adjoining the office is to be fitted up for a ladies' rest room. An Otis elevator operated by electricity, which will carry two tons, will run from the basement to the top floor. The banana rooms, of which there will be three, will be the latest idea in the banana world. The local concern is the first to adopt this new plant in the United States. It is mechanically refrigerated and heated by steam. In the basement and on the first floor will be erected the cold storage rooms, which will be equipped with mechanical refrigeration. T.J. Millar, mechanical engineer, is erecting the banana rooms and installing the refrigeration, water system, heating and lighting. Six salesmen are employed on the road and about twenty people are engaged in the office and warehouse. ("The Black Hawk Fruit Company Building," The Courier (Waterloo), January 01, 1916: 10), The 1918 Sanborn Company fire insurance map documents the Black Hawk Fruit Co. building as a 3-story brick building with "wood posts," concrete floors, and an elevator on the west. The building had a platform on the south, adjacent to the railroad siding. Three vacant, 2-story wood buildings (addressed 724, 726, 728) were located east of the building with a 2-story, wood building noted as a "wood shop" was situated to the west. None of the wood buildings were physically connected to the warehouse. (Sanborn Company Fire Insurance Map, 1918) The Black Hawk Fruit Co. appears to have been one of two fruit wholesalers in the city during this period; a third, the Gamble -Robinson Co. was organized in 1922. ("File Articles Today for Commission House," The Courier (Waterloo), October 12, 1922: 02) The other, the Waterloo Fruit & Commission Company, was located on Water Street immediately west of the Black Hawk warehouse — the current property parcel includes the site upon which Waterloo Fruit was located. In 1920, the pair were part of a cooperative of "reliable fruit and vegetable jobbers" based in Kansas City, Missouri. (Advertisement. "Affiliated Fruit Jobbers Conference," The Courier (Waterloo), October 08, 1920: 09) In 1922 an article extolling the importance of fruit in a healthy diet featured Jackson Buzzard's story of becoming established in the fruit business and coming to Waterloo to establish the Black Hawk Fruit Co. The article noted specifically that the company specialized in bananas, with "three large banana rooms [that] are mechanically refrigerated and also heating by steam, this firm being the first in the United States to employ steam in the ripening process." The article goes on to note that "all the choicest fruits of the seasons, domestic and imported, can be found in the large store rooms." The building housed one of the largest cold storage plants in the state. ("Waterloo Industries Served by Central Station Power: No. 20 — The Black Hawk Fruit Company," The Courier (Waterloo), September 02, 1922: 14) By 1923 it appears the Black Hawk Fruit Co. was in trouble. In early May, the wood buildings on the property, which were at that time no longer owned or occupied by Jackson Buzzard, 54 Page 308 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 8 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City burned. ("Fire of Unknown Origin Destroys Frame Buildings," The Courier (Waterloo), May 05, 1923: 02) That November, a legal notice appeared in The Courier announcing a Sheriff's Sale of "the northwesterly 70 feet of the southeasterly 150 feet of a tract on the river front between East Fifth street and East Sixth street...or as much thereof as may be necessary to satisfy said writ of execution and all accruing costs." Though lacking detail about the issue at the heart of the writ, the notice does note the act related to a ruling in favor of Peter Hand company against the property of Black Hawk Fruit Co. ("Legal — Sheriff's Sale Notice," The Courier (Waterloo), November 23, 1923: 23) By 1925 the Black Hawk Fruit Co. no longer appears in Waterloo city directories and the Gamble -Robinson Co. is recorded at 716-720 Water Street. An advertisement announcing architect William L. Pedicord's separation from his former firm partner, confirms that the building he designed for Black Hawk Fruit Co. was then occupied by Gamble -Robinson Co. ("Announcement," The Courier (Waterloo), February 12, 1925) Gamble -Robinson remained in the former Black Hawk Fruit warehouse through 1930, at which time the company undertook construction of a new building located at 1st and Sycamore streets — one-half mile to the west. The new site had a 150-foot frontage on the Illinois Central line and 80-foot frontage on First Street. The building was a 1-story, brick and concrete structure to be constructed at a cost of $30,000. ("Build New Plant on First Street," The Courier (Waterloo), July 08, 1930: 01) In 1931 the Gamble -Robinson Co., wholesale fruit, appears in the city directory at 200 Sycamore Street. The building is retained today and, with the Black Hawk Fruit Co. warehouse and the Rath Packing Plant, represents the only remaining early 20th century industrial buildings retained in the East Factory District. Historical Context: Industrialization of Waterloo, 1890-1930 The 1988 multiple property documentation prepared by James Jacobson provides a solid overview of Waterloo's industrial history in the period from 1890 through 1930. The establishment of the Black Hawk Fruit Co. fits neatly within the era in which manufacturing in the city was at its high. Likewise, the end of the firm aligns with the near collapse of the city's industrial sector after the close of the First World War. As Jacobson states, the key period of Waterloo's industrial development began in the late 19th century when groups like the Commercial Club began their work of marketing the city. The construction of an interurban rail line was also a significant element of jump-starting the city's industrial development, which ultimately lasted with little interruption into the 1920s. A marker of that evolution: in 1904 Waterloo ranked tenth in the state among manufacturing centers in 1904, rising to seventh just five years later, and then to fifth in Iowa in 1919. (Jacobson, E-5) 55 Page 309 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 9 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City By 1910, with a population of 26,693, Waterloo had transformed from a typical county seat town to an industrialized city of regional influence, an evolution measured by population growth, number of new factories, rate of housing construction, and ranking relative to value of manufacturing. Hitting the mark in all these categories, Waterloo could rightly claim the title of "Factory City of Iowa." This transformation occurred during a period of considerable American prosperity and change, specifically relative to technological changes in farming, including gasoline engines, tractors. (Jacobson, E-5) Other larger Iowa cities were important manufacturing centers - Des Moines, Cedar Rapids, and Sioux City all ranked higher in the early 20th century based on total value added by the manufacturing process. However, none experienced the combined rate of growth in population, increase in manufacturing, and increase in construction seen at Waterloo. As a result, measured in increases in factories and wage earners, Waterloo had the highest rate of industrialization for the period. (Jacobson, E-5) The first decade of the new century saw an explosion of industrial advancement in Waterloo. According to census figures, between 1899 and 1919 the number of industrial establishments increased by 192.7 percent (from 55 to 161) the number of wage earners rose by 17 percent (from 804 to 4,620), and, in 1919, the value added by manufacture was sixteen times what it had been ten years earlier (increasing from $745,000 to $12,088,6113). Salaried employees not included in these figures added even more who owed their employment to industrial establishments. (Jacobson, E-6) The industrialization of Waterloo affected the city's economy and physical development, but also its population. Workers flocked to the new factories in such numbers that population regularly doubled, from 6,674 in 1890 to 12,580 in 1900 and 26,693 the following decade. Waterloo was one of only eighteen cities in the nation to have population increases topping 100 percent between 1900 and 1910; jumping the city from a ranking of seventeenth in size in Iowa in 1890 to seventh largest in 1910. Confident locals predicted that Waterloo would become home to 50,000 by 1920. But a series of events - including a financial depression in the farm -belt, and a not unnatural peak in development - ensured that population reached but 36,230 in 1920. It took twenty more years for Waterloo to top 50,000, attaining 51,743 in 1940. (E-5-6) The healthy state of the farm economy played a significant role in the city's prosperity. With World War I, increased demand for farm implements and other fabricated goods created a vibrant agricultural economy. However, the end of the war meant plummeting demand, resulting in a financial recession that impacted the state and the city. While the city's major employers, Rath Packing and John Deere & Company, rebounded and eventually thrived, the pace of industrialization effectively ceased with the end of the war. In 1925 the number of Waterloo factories fell from a pre-war high of 161 to ninety-five. (Jacobson, E-6) 56 Page 310 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 10 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City All the efforts to entice new industry to Waterloo had noticeable effects on the city's physical development. An explosion of new plats effectively extended the city boundaries beyond their legal limits. Expanded electric railway trackage spread across the city and provided ready freight -hauling capability for the new industrial sites. And these new industrial sites supplanted earlier factory districts or expanded their perimeters. The west side factory district of Westfield opened a whole new area for development. Expanding factories dating from the 1880s and 1890s moved from earlier industrial sites along the west side riverbank to Westfield beginning in 1903. Between 1897 and 1915, 1,000 new dwelling units were constructed in Ward 1, Westfield's location. Waterloo Gasoline & Traction Engine Company was located on the townside end of Westfield. After Deere & Company bought these makers of the famed Waterloo Boy tractor in 1918, the company experienced tremendous growth related to changes in farming practices. Deere & Company gradually expanded farther into Westfield. In 1928 twelve new buildings (now altered or razed) were added to the complex which ran for a half mile along the river. The north end of the city's east side (Ward 3) offered another new factory district and farther south, on the east riverfront, the Rath meatpacking concern was the core of another factory district. Like Deere & Company, Rath Packing eventually acquired former factory locations and expanded operations onto those sites. Bounded by the electric interurban line, these were the major new industrial districts of Waterloo. The freight -hauling beltline did not extend to the southern boundaries of the west side, and industrial development did not occur there. (E-7) Summary The Black Hawk Fruit Company warehouse is historically associated with the history of Waterloo industry, a period in the number of new factories and rate of housing construction resulted in Waterloo's transformation "from a typical county seat town to an industrialized city of regional influence." For decades now, the built resources that characterized that pivotal era in the city's evolution have been largely or completely gone, having been removed to accommodate flood control measures, highway expansion, or redevelopment, with others lost to fire — a condition that has only deteriorated in recent decades. (Jacobson, 1988: F-II.4) Although the Black Hawk Fruit Co. warehouse lacks the level of historic integrity required for individual listing on the National Register of Historic Places, the building is one of rare remaining example of the property type. The building represents a very important historical era and economic element of the city's economic development. The building stands on the east bank of the Cedar River between the bridge accesses on 5th Street and 6th Street. As a result, the Black Hawk Fruit Co. warehouse is a highly visible remnant of a pivotable period in Waterloo history. As such, the Black Hawk Fruit Co. warehouse warrants designation as a Local Landmark. 57 Page 311 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 11 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City Bibliographic References Full, Jan Olive and Jennifer Price. "Waterloo East Commercial Historic District." National Register of Historic Places Nomination Form, 2010. Jacobson, James. "Historical and Architectural Resources Of Waterloo, Iowa." National Register of Historic Places Multiple Property Documentation Form, 1988. Newspapers The Courier (Waterloo). "Many Alarms Losses Small." January 31, 1913. . "Florida Fruit in Waterloo." November 21, 1914. . "Are Rushing Work on New Building." August 31, 1915. . "Lauritzen Company Awarded Contract." September 08, 1915. . "Big Revival in Building Lines." September 11, 1915. . Advertisement "Jelke Good Luck Margarine." December 17, 1915. . "The Black Hawk Fruit Company Building." January 01, 1916. . "Building Permits." January 01, 1916. . "These are the Houses That Jack Built. Iowa's Most Modern Wholesale Fruit Houses." November 15, 1919. . Advertisement "Black Hawk Fruit Company." September 25, 1920. . "Affiliated Fruit Jobbers Conference." October 08, 1920. . "Waterloo Industries Served by Central Station Power: No. 20 — The Black Hawk Fruit Company." September 02, 1922. . "File Articles Today for Commission House." October 12, 1922. . "Fire of Unknown Origin Destroys Frame Buildings." May 05, 1923. 58 Page 312 of 469 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 12 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City . "Legal Notice." September 20, 1928. . "Announcement." February 12, 1925. . "Build New Plant on First Street." July 08, 1930. Online Resources Google Maps. http://www.maps.google.com. Library of Congress — Sanborn Fire Insurance Map Collection. https://www.loc.gov/rr/geogmap/sanborn/states.php?statelD=17&Submit=SEARCH. Ancestry.com. Waterloo City Directories, 1921-1925. https://www.ancestry.com/imageviewer/collections/2469/images/13810534?ssrc=&backl abel=Return&pld=1261971915 59 Page 313 of 469 City of Waterloo Historic Preservation Application for Local Historic Designation of a Building or District This form is if you wish to have your building or a district to become a locally designated landmark. To be completed by applicant: Date of Application: 04/04/2023 Address of Property: 722 Water Street Current Use of Property: Commercial Property Owner's Name — Business if Applicable: Arp Patel - Dhani Re investments, LLC Address: 2343 Logan Avenue City: Waterloo Phone: Fax: Email: arp.patel@me.com Applicant's Name (if different than above): Address: City: Phone: Fax: Email: Contact Person: Alexa McDowell, A.KAY Consulting Address: 526 40th Street City: Des Moines Phone: Email: 515-491-5432 Fax: akaymcd@hotmail.com Please check if any of the following exhibits are included in your application: X Photographs Elevation Drawings Sample of Material X Other A State of Iowa Site Inventory Form will need to be included with the application. Applicant Signature „/I Signature Date Date Own 04/12/2023 60 Page 314 of 469 FY 2023 Fiber -to -Premise Feeder/Distribution and Backbone Network Project, Contract No.1088 — June 15, 2023 Bid Tab Bidder SecBd urity Bid Amount Quanta Telcom Solutions, Loganville, GA 5% Division 1 Base Bid Work — FTTP: $25,078,825.63 Division 1 Base Bid Total Price: $25,078,825.63 Division 2 Base Bid Work — Backbone: $17,778,688.69 Division 2 Base Bid Total Price: $17,778,688.69 Base Bid Total (Div. 1 + Div. 2): $42,857,514.32 Base Bid Total (Div. 1 + Div. 2) + Alternate A: $75,741,806.40 Base Bid Total (Div. 1 + Div. 2) + Alternate B: $72,783,523.50 Base Bid Total (Div. 1 + Div. 2) + Alternate C: $81,676,917.39 Base Bid Total (Div. 1 + Div. 2) + Alternate D: $78,718,634.49 MP Maple Lake, MN 5% Division 1 Base Bid Work — FTTP: $24,281,864.47 Division 1 Base Bid Total Price: $32,093,975.71 Division 2 Base Bid Work — Backbone: $17,583,127.35 Division 2 Base Bid Total Price: $23,286,241.03 Base Bid Total (Div. 1 + Div. 2): $55,380,216.74 Base Bid Total (Div. 1 + Div. 2) + Alternate A: $96,862,423.38 Base Bid Total (Div. 1 + Div. 2) + Alternate B: $96,862,423.38 Base Bid Total (Div. 1 + Div. 2) + Alternate C: $104,874,457.18 Base Bid Total (Div. 1 + Div. 2) + Alternate D: $104,874,457.18 Michels Power Neenah, WI 5% Division 1 Base Bid Work — FTTP: $29,851,646.71 Division 1 Base Bid Total Price: $29,851,646.71 Division 2 Base Bid Work — Backbone: $26,270,161.07 Division 2 Base Bid Total Price: $26,270,161.07 Base Bid Total (Div. 1 + Div. 2): $56,121,807.78 Base Bid Total (Div. 1 + Div. 2) + Alternate A: $100,570,218.87 Base Bid Total (Div. 1 + Div. 2) + Alternate B: N/A Base Bid Total (Div. 1 + Div. 2) + Alternate C: $106,871,767.66 Base Bid Total (Div. 1 + Div. 2) + Alternate D: N/A ITG Communications, LLC Tullahoma, TN 5% Division 1 Base Bid Work — FTTP: $15,100,874.07 Division 1 Base Bid Total Price: $21,244,963.93 Division 2 Base Bid Work — Backbone: $13,281,835.68 Division 2 Base Bid Total Price: $16,448,982.14 Base Bid Total (Div. 1 + Div. 2): 37,693,946.07 Base Bid Total (Div. 1 + Div. 2) + Alternate A: $66,565,919.83 Base Bid Total (Div. 1 + Div. 2) + Alternate B: $66,565,919.83 Base Bid Total (Div. 1 + Div. 2) + Alternate C: $77,864,565.10 Base Bid Total (Div. 1 + Div. 2) + Alternate D: $77,864,565.10 Page 315 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Keith Kaspari, Director of Aviation Airport Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution approving an Office and Miscellaneous Storage Lease Agreement with the United States Department of Transportation dba the Federal Aviation Administration at the Waterloo Regional Airport, with a lease term of on or about August 1, 2023, through July 31, 2028, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve of the above request by Airport Staff. SUMMARY STATEMENT AND BACKGROUND INFORMATION This new lease for office and miscellaneous storage space will replace a former and expired (SLA - Short Term Lease Agreement (lease) from nearly three (3) years ago. This new lease will increase our annual lease rent revenue from $24,684.12 per year to $65,752.20; an annual variance of $41,065.08, or, over the course of the 5-Year term, a revenue increase of $205,340.40. Staff has attached, the following: 1. DRAFT Lease; and, 2. Summary of Lease Rent based on Location of Office Area or Storage Area. NEIGHBORHOOD IMPACT Not Applicable for this request from Staff. DATA, ANALYSIS, AND STRATEGIES Not Applicable for this request from Staff. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Not Applicability for this request from Staff. COMMUNITY ENGAGEMENT METHODS N/A SOURCE OF EXPENDITURES N/A Page 316 of 469 ALTERNATIVE ACTION There were no Alternatives to this project. LEGAL DESCRIPTION N/A ATTACHMENTS 1. 06 01 2023 ALO - Waterloo - Description of New Revenue - New FAA Lease 2. 06 01 2023 ALO SSC WATERLOO IA DRAFT LEASE DRAFT FINAL Page 317 of 469 Keith Kaspari From: Martinez, Donna E (FAA) Sent: Thursday, April 20, 2023 12: 3 PM To: Keith Kaspari; Perez, Antoinette D (FAA) Subject: RE: ALO - Waterloo -- Lease Update - Keith Final Summary CAUTION: This email originated from outside the City of Waterloo email system. Do not click links or open unexpected attachments unless you recognize the sender and know the content is safe. Mr. Kaspari, Based on the updated square footage provided by you and Ron Rice and the agreed upon rates, these are the number came up with. Please review this information and let me know if you agree before I finalize the draft lease. Please let me know if you have any questions. Waterloo, IA SSC Rent Breakdown based on Usage OFFICE Ammount of SF Price Per SF Annual Rent Remarks 344 $30.10 $10,354.40 Upstairs 152 $30.10 $4,575.20 Upstairs 152 $30.10 $4,575.20 Upstairs 150 $30.10 $4,515.00 First Floor 399 $30.10 $12,009.90 First Floor 425 $30.10 $12,792.50 First Floor Total 1622 STORAGE 115 390 420 337 586 122 $48,822.20 $5.00 $575.00 First Floor $5.00 $1,950.00 First Floor $5.00 $2,100.00 Basement $5.00 $1,685.00 Basement $15.00 $8,790.00 Loading Dock Heated $15.00 $1,830.00 Parts/Supply Heated Total Total 1970 $16,930.00 Annual Rent Monthly Rent 3592 r $65,752.20 I $5,479.35 1 Page 318 of 469 STANDARD SPACE LEASE Between THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION And CITY OF WATERLOO, IOWA FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA 1. Preamble (09/2021) 6.1.1 This Choose an item. for real property is hereby entered into by and between City of Waterloo hereinafter referred to as the Lessor and the United States of America, acting by and through the Federal Aviation Administration, hereinafter referred to as the FAA. 2. Space Lease Definitions (07/2022) 6.1.1-3 For purposes of this document, the following definitions apply; Contract- refers to this legal instrument used to acquire an interest in real property for the direct benefit or use by the FAA. A lease is a contract for the acquisition of real property. For purposes of this document, the terms Contract and Lease are interchangeable. Contractor- refers to the party(ies) awarded a direct procurement contract from the FAA and who is(are) responsible for performance of contract requirements. For purposes of this document, the terms Contractor, Lessor and Offeror are interchangeable. Government- refers to the United States of America acting by and through the Federal Aviation Administration (FAA). For purposes of this document, the terms Government and FAA are interchangeable. Real Estate Contracting Officer (RECO) - refers to a trained and warranted official, who has the authority to contract for real property on behalf of the FAA. For purposes of this agreement, the term RECO and Contracting Officer (CO) are interchangeable. ANSUBOMA Office Area (ABOA)- refers to the area where a tenant normally houses personnel, and/or furniture, for which a measurement is to be computed, as defined by the most current American National Standards Institute/Building Owners and Managers Association (ANSUBOMA) publication. Full Service Lease- refers to a lease structure where the rent covers all base rent, taxes, insurance, management, utilities, janitorial and any other operating expenses for the property. 3. Succeeding Contract (09/2021) 6.1.2 This contract succeeds <Insert Contract No. DTFACN-17-L- 00073 and all other previous agreements between the parties for the property described in this document. Page 319 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA 4. Lease Witnesseth (09/2021) 6.1.3 Witnesseth: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows: 5. Leased Space Description (07/2022) 6.1.4 The Lessor hereby leases to the Government the following described premises; Approximate total of 3,592 square feet of net usable space consisting of 1,622 square feet of office space and 1,970 square feet storage space in the Airport Terminal Building at the Waterloo Regional Airport, Iowa. As shown on drawing, marked as Exhibit A, which is attached hereto and made a part hereof. The Lessor shall provide 6 reserved off-street parking spaces at no additional cost to the Government. With respect to compliant accessible parking spaces, see the "Accessibility" clause. 6. Purpose (09/2021) 6.1.5 It is understood and agreed that the use of the herein described premises shall be related to FAA's activities in support of the National Airspace System (NAS). 7. Legal Authority (09/2021) 6.2.1 This contract is entered into under the authority of 49 U.S.C. 106(1)(6) and (n), which authorizes the Administrator of the FAA to enter into contracts, acquisitions of interests in real property, agreements, and other transactions on such terms and conditions as the Administrator determines necessary. 8. Term (09/2021) 6.2.3 To have and to hold, for the term commencing on July 01, 2023 and continuing through September 30, 2028 inclusive, provided that adequate appropriations are available from year to year for the consideration herein. 9. Consideration (Standard Space) (09/2021) 6.2.4-1 A. The Government shall pay annual rent for the premises, in the amount of $65,752.20 payable in monthly installments in arrears, at the following rate $5,479.35 (monthly installments may vary based on rounding). B. Payment shall be made in arrears, without the submission of invoices or vouchers. Payments are due on the first business day following the end of the payment period and are subject to available appropriations. The payments shall be directly deposited in accordance with the "Payment by Electronic Funds Transfer" clause in this contract. Payments shall be considered paid on the day an electronic funds transfer is made. C. Payment shall be made in full to: City of Waterloo, Iowa. D. The parties acknowledge that the Government has paid rent for the premises under prior Lease No. DTFACN-17-L-00073 in the total amount of $67,881.02 for the time period from July 01, 2020 to March, 2023 while in holdover status. 10. Amortization Schedule (09/2021) 6.2.4-5 An Amortization Payment Schedule is required when:: 1) the Government's build -out is in excess of the tenant improvement allowance or 2) the lease is terminated prior to the date set in the "Term" clause. Amortization is based on a <insert interest rate>% (interest agreed on the tenant improvement) rate of return, with payments of $ <insert dollar amount> per month in arrears until such time as the cost of the tenant improvements is paid in full as 2 Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 Page 320 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA per Attachment <"A"> Amortization Schedule, attached hereto and made a part hereof. Amortization Schedule shall be revised via Supplemental Agreement when the final tenant improvement amount is agreed on and completed. 11. Termination for Convenience (09/2021) 6.2.5-1 The Government may terminate this contract at any time, in whole or in part, if the Contracting Officer (CO) determines that a termination is in the best interest of the Government. The CO shall terminate by delivering to the contractor a written notice specifying the effective date of the termination. The termination notice shall be issued 30 days before the effective termination date. After termination, the Contractor may submit a final termination settlement proposal to the CO in the form and with the certification prescribed by the CO. The proposal must include all documentation necessary to validate the proposal. The contractor must submit the proposal no later than one (1) year from the effective date of termination unless the submission deadline is extended in writing by the CO upon written request of the contractor within this one (1) year period. However, if the CO determines that the facts justify it, a termination settlement proposal may be received and acted on after one (1) year or any extension. If the contractor fails to submit the proposal within the time allowed, the CO may determine, on the basis of information available, the amount, if any, due the contractor because of the termination and shall pay the amount so determined. After submission of final termination settlement proposal, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid because of the termination. If the contractor and the CO fail to agree, the Government will pay the contractor the amounts determined by the CO as follows: 1) The contract price for any unpaid rents; 2) The remaining principle balance of Tenant Improvement allowance as described in the clause titled "Lessor's Recovery of Tenant Improvement Allowance in the Event of Termination" within this contract; and 3) Reasonable costs associated with termination. If the termination is partial, the contractor may file a proposal with the CO for an equitable adjustment of the price(s) of the continued portion of the contract. If agreed upon, the CO may make the equitable adjustment. Any proposal by the contractor for an equitable adjustment under this clause must be requested within 90 days from the effective date of termination unless extended in writing by the CO. The contractor may file a claim with the Federal Aviation Administration Office of Dispute Resolution for Acquisition based on any determination made by the CO pursuant to this clause. Nothing in this clause will obligate the government to spend in excess of available appropriations. 12. Termination for Default (09/2021) 6.2.5-2 A. Subject to the provision of notice of default to the Lessor, and the provision of reasonable opportunity for the Lessor to cure the default, the following conditions constitute default by the Lessor: i. Prior to Acceptance of the Premises. Failure by the Lessor to perform all obligations required for acceptance of the space, to include, but are not limited to, all obligations included within the statement of work and lease clauses, within the times specified, without such failure in performance Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 3 Page 321 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA being affirmatively excused, in writing, by the RECO. ii. After Acceptance of the Premises. Failure by the Lessor to perform any service, or to make progress in the work so as to endanger performance; the failure to make any item; or the failure to satisfy any requirement of this Lease, without such failure being affirmatively excused, in writing, by the RECO. B. Grounds for Termination. The Government may terminate the Lease, in whole or in part, if: i. after given notice and reasonable opportunity to cure by the Government, the Lessor's default persists; or ii. the Lessor fails to take such actions as necessary to prevent the recurrence of default conditions, and such conditions substantially impair the Government's use or occupancy of the Premises, as determined by the Government. C. The rights and remedies specified in this clause are in addition to all remedies to which the Government may be entitled to as a matter of law. 13. Excuse (09/2021) 6.2.5-3 A. The Lessor will not be in default because of any failure to perform the requirements of this Lease under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Lessor. B. Permissible causes for excuse are: i. acts of God (e.g., fires, floods, pandemics, epidemics, unusually severe weather, etc.), ii. acts of the public enemy, iii. acts of the Government in either its sovereign or contractual capacity, iv. pandemic, epidemic, or quarantine restrictions, v. strikes, and vi. freight embargoes. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Lessor. C. Excuse will not be granted when: i. the Lessor had actual or constructive knowledge prior to the Lease Award Date that he/she could not perform in accordance with the requirements of the Lease contract; ii. the conditions of the property prevent performance; iii. the Lessor, its employees, agents or contractors, by error or omission, fails to perform; or iv. the Lessor is unable to obtain sufficient financial resources to perform its obligations. D. The RECO will ascertain the facts and extent of the failure. If the RECO determines that any failure to perform is excusable, the RECO will revise the delivery schedule subject to the rights of the Government under the default and termination clauses of this contract. 14. Binding Effect (09/2021) 6.2.6 The provisions of this contract and the conditions herein shall be binding upon, and for the benefit of, the parties and their successors and assigns. In the event of any sale or transfer of ownership of the property or any portion thereof, the Government will be deemed to have attorned to any purchaser, successor, assign, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the contractor under this contract establishing direct privity of estate and contract between the Government and said succeeding owner, with the same force, effect, and relative priority in time and right as if the contract had initially been entered into between such succeeding owner and the Government. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 4 Page 322 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA 15. Holdover (09/2021) 6.2.12 If after the expiration of the Lease, the Government shall retain possession of the premises, the Lease shall continue in full force and effect on a month -to -month basis. Payment shall be made in accordance with the Consideration clause of the Lease at the rate paid during the Lease term. This period shall continue until the Government shall have signed a new lease with the Lessor, acquired the property in fee, or vacated the premises. 16. RE Clauses Incorporated by Reference (09/2021) 6.3.0 This solicitation or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the RECO will make the full text available, or the full text may be obtained via internet at https://fast.faa.gov/RPF_Real_Property_Clauses.cfm. A. Officials Not To Benefit (09/2021) 6.3.0-2 B. Assignment of Claims (09/2021) 6.3.0-3 C. Contracting Officer's Representative (09/2021) 6.3.0-4 D. Anti -Kickback Procedures (09/2021) 6.3.0-6 17. Funding Responsibility for FAA Facilities (09/2021) 6.3.6 The Contractor agrees that all Contractor requested relocation(s), replacement(s), or modification(s) of any existing or future FAA navigational aid or communication system(s) necessitated by Contractor improvements or changes will be at the expense of the Contractor. In the event that the Contractor requested changes or improvements interferes with the technical and/or operational characteristics of the FAA's facility, the Contractor will immediately correct the interference issues at the Contractor's expense. Any FAA requested relocation, replacement, or modifications shall be at the FAA's expense. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Contractor or the FAA, funding responsibility shall be determined by mutual agreement between the parties, and memorialized in a Supplemental Agreement. 18. Accessibility (09/2021) 6.3.7 The building and the leased premises must be accessible to persons with disabilities pursuant to the Architectural Barriers Act and Rehabilitation Act as detailed in the Architectural Barriers Act Accessibility Standards (ABAAS) 41 CFR Parts 102-71, 102-72, et al, and all applicable state and local accessibility laws and regulations. ABAAS is available at www.access-board.gov. Subject to the exception set forth herein, separate ABAAS compliant restroom facilities for men and women must be provided on each floor where the Government leases space. Separate ABAAS compliant restroom facilities must not be required if due to the age of the building, design layout, or other structural requirements, it is technically infeasible to do so. In the event the Lessor determines that it is technically infeasible to provide separate ABAAS compliant restroom facilities, the Lessor must provide the basis for the determination of technical infeasibility in writing to the RECO, together with all supporting documentation. With respect to all restrooms, water closets, and urinals, they must not be visible when the exterior door is open. Each restroom must contain toilet paper dispensers, soap dispensers, paper towel dispensers, waste receptacles, a sanitary napkin dispenser, and receptacle for each toilet in the Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 5 Page 323 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA women's restroom, disposable toilet seat cover dispensers, a convenience outlet, and hot and cold water. Two or more drinking fountains must be provided. One drinking fountain shall be a low unit commonly called a wheelchair unit and one drinking fountain shall comply with standing persons' requirements, unless sufficient space is not available to provide both a wheelchair unit and a unit for standing persons. In such instance, and subject to the approval of the RECO, a single unit able to accommodate both disabled and non -disabled persons must be provided. In addition, compliant accessible parking spaces must be provided in accordance with the ABAAS requirements as detailed in 42 U.S.C. 4151 and as set forth in the ABAAS Scoping Requirements. 19. Changes (09/2021) 6.3.8 A. The RECO may at any time, by written order via Supplemental Agreement, make changes within the general scope of this Lease in any one or more of the following: i. Work or services; ii. Facilities or space layout; iii. Amount of space/land; iv. Any other change made within the scope of this lease. B. If any such change causes an increase or decrease in the Lessor's cost or time required for performance under this lease, the RECO will modify this Lease to provide one or more of the following: i. An equitable adjustment in the rental rate; ii. A lump sum equitable adjustment; iii. An equitable adjustment of the annual operating costs per rentable square foot; or iv. An adjustment to the delivery date. C. The Lessor must assert its right to an adjustment by written proposal under this clause within thirty (30) days from the date of receipt of the change order. Lessor's request must include all documentation necessary to validate his/her right to an adjustment. Failure to reach agreement on any adjustment constitutes grounds for dispute under the Contract Disputes clause. D. Nothing in this clause excuses the Lessor from proceeding with the change as directed. E. Absent written supplemental agreement the Government is not liable to the Lessor under this clause. 20. Failure in Performance (09/2021) 6.3.16 In the event the Contractor fails to perform a service, provide an item, or satisfy a requirement under this Contract, the Government may: A. perform the service, provide the item, or satisfy the requirement itself, and abate the rent by its actual costs (including administrative costs) incurred in doing so, B. not correct the Contractor's performance and abate the rent by an amount reasonably calculated to approximate the decreased value of the Contract arising from the Contractor's failure to perform, or C. pursue termination of the contract under the "Termination" clause(s) in this Contract. 21. No Waiver (09/2021) 6.3.17 No failure by the Government to insist upon strict performance of any provision of this Contract or failure to exercise any right, or remedy consequent to a breach thereof, will constitute a waiver of any such breach in the future. 22. Non -Restoration (09/2021) 6.3.18 It is hereby agreed between the parties that, upon termination of its occupancy, including any holdover period, the Government shall have no obligation to restore Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 6 Page 324 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA and/or rehabilitate, either wholly or partially, the property that is the subject of this contract. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the contractor. 23. Quiet Enjoyment (09/2021) 6.3.25 The Contractor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 24. Damage by Fire or Other Casualty or Environmental Hazards (09/2021) 6.3.26 If the premises is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the premises is untenantable as determined by the Government, the Government may agree to allow restoration/reconstruction, or may elect to terminate the contract, in whole or in part, immediately by giving written notice to the contractor and no further rental will be due. The Government shall have no duty to pay rent while the premises are unoccupied. 25. Occupancy Permit (09/2021) 6.3.27-1 The premises offered must have a valid Occupancy Permit, issued by the local jurisdiction, for the intended use of the Government, or the Lessor will complete and provide a certified copy of the "Checklist: FAA Safety & Environmental Certification" form, in lieu of an occupancy permit, at the RECO's discretion. 26. Interference (09/2021) 6.3.28 In the event that FAA operations interfere with the Contractor's facility, the Contractor must immediately notify the RECO. The FAA will begin assessment of interference immediately upon notification. If the Contractor or its facility interferes with the FAA's equipment and the Contractor either knows of, or is notified by the FAA, of the interference, the Contractor will immediately remediate the interference at its own cost. Notification under this clause must include the following information, if known: A. type of interference, B. the commencement date of the interference, and C. the root cause of the interference. 27. Alterations (09/2021) 6.3.29 The Government shall have the right during the term of this Lease, including any extensions thereof, to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, alterations or structures so placed in, on, upon, or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. The parties hereto mutually agree and understand, that no restoration rights shall accrue to the Lessor for any alterations or removal of alterations to the leased premises under this Lease, and that the Government shall have the option of abandoning alterations in place, when terminating the Lease, at no additional cost. 28. Hold Harmless (09/2021) 6.3.30 In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act, 28 U.S.C. Ch. 17, the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 7 Page 325 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity. 29. Compliance with Applicable Laws (09/2021) 6.3.31 The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner or Lessor, or both, of building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. This Lease shall be governed by federal law. The Government will comply with all federal, state, and local laws applicable to and enforceable against it as a tenant under this lease, provided that nothing in this lease shall be construed as a waiver of the sovereign immunity of the Government. 30. Examination of Records (09/2021) 6.3.32 The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative of either shall, until three (3) years after final payment under this contract, have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactions related to this contract. 31. Subordination, Nondisturbance and Attornment (09/2021) 6.3.33 A. The Government agrees, in consideration of the warranties and conditions set forth in this clause, that this contract is subject and subordinate to any and all recorded mortgages, deeds of trust and other liens now or hereafter existing or imposed upon the premises, and to any renewal, modification or extension thereof. It is the intention of the parties that this provision shall be self -operative and that no further instrument shall be required to effect the present or subsequent subordination of this contract. Based on a written demand received by the RECO, the Government will review and, if acceptable, execute such instruments as the contractor may reasonably request to evidence further the subordination of this contract to any existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or in part by the contractor if such easement does not interfere with the full enjoyment of any right granted the Government under this contract. B. No such subordination, to either existing or future mortgages, deeds of trust or other lien or security instrument shall operate to affect adversely any right of the Government under this contract so long as the Government is not in default under this contract. Contractor will include in any future mortgage, deed of trust or other security instrument to which this contract becomes subordinate, or in a separate non -disturbance agreement, a provision to the foregoing effect. Contractor warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause, and agrees to provide true copies of all such consents to the RECO promptly upon demand. C. In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers, transferee or transferees of the premises or any portion thereof and its or their successors and assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of the contractor under this contract, so as to establish direct privity of estate and contract between Government and such purchasers or transferees, with the same force, effect and relative priority in time and right as if the contract had initially been entered into between such purchasers or Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 8 Page 326 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA transferees and the Government; provided, further, that the RECO and such purchasers or transferees shall, with reasonable promptness following any such sale or deed delivery in lieu of foreclosure, execute all such revisions to this contract, or other writings, as shall be necessary to document the foregoing relationship. D. None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign. 32. Change of Ownership/Novation (10/2022) 6.3.34-1 A. If during the term of the Lease, title to the Property is transferred or the Lessor changes its legal name, the Lessor shall notify the Government within five days of the transfer of title/change of name. B. The Government and the Lessor must execute a Supplemental Agreement acknowledging the transfer of title or name change. C. If title to the Property is transferred, the Government, the original Lessor (Transferor), and the new owner or assignee (Transferee) shall execute a Novation Agreement providing for the transfer of Transferor's rights and obligations under the Lease to the Transferee. When executed on behalf of the Government, a Novation Agreement will be made part of the Lease via Supplemental Agreement. D. The RECO may request additional information (e.g., copy of the deed, bill of sale, certificate of merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate of good standing, etc.) from the Transferor or Transferee to verify the parties' representations regarding the transfer. E. If the RECO determines that recognizing the Transferee as the Lessor will not be in the Government's interest, the Transferor shall remain fully liable to the Government for the Transferee's performance of obligations under the Lease, notwithstanding the transfer. Under no condition shall the Government be obligated to release the Transferor of obligations prior to (a) the rent commencement date; and (b) any amounts due and owing to the Government under the Lease that have been paid in full or completely set off against the rental payments due under the Lease. F. As a condition for being recognized as the Lessor and entitlement to receiving rent, the Transferee must register in the System for Award Management (SAM) for purposes of "All Awards", and complete all required representations and certifications within SAM and the "Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment" in this contract. G. If title to the Property is transferred, rent shall continue to be paid to the original Lessor, subject to the Government's rights as provided for in this Lease. The Government's obligation to pay rent to the Transferee shall commence on the effective date of the Lease Amendment incorporating the Novation Agreement. The Lease Amendment will not be issued until the Government has received all information reasonably required by the RECO, the Government has determined that recognizing the Transferee as the Lessor is in the Government's interest (which determination will be prompt and not unreasonably withheld), and the Transferee has met all conditions specified in sub -paragraph F. 33. Sublease (09/2021) 6.3.35 The Government reserves the right to sublease the space covered under this Lease to another agency or private party. In subleasing this space to another party, the Government is not relieved from its responsibilities under the terms of this Lease unless otherwise agreed upon with the Lessor. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 9 Page 327 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA 34. Integrated Agreement (09/2021) 6.3.36 This Contract, upon execution, contains the entire agreement of the parties, and no prior written or oral agreement, express or implied shall be admissible to contradict the provisions of this Contract. 35. Unauthorized Negotiating (09/2021) 6.3.37 In no event shall the Contractor enter into negotiations concerning the premises with anyone other than the RECO or his/her designee. 36. Inspection of Leased Premises (09/2021) 6.3.38 To ensure a safe and healthy work environment for government employees, agents, and assigns, and to ensure the Contractor's performance under this contract, the Government at all times and places during the term of the contract has the right to: A. inspect the leased premises and all other areas of the building to which access is necessary, B. test all performance requirements under the contract, and C. perform any necessary sampling and evaluation to ensure contract compliance. If inspection reveals a contractual non-conformance, then the Government may require the Contractor to perform in accordance with the contract requirements at no increase in contract amount or the Government, in its sole discretion, may perform the work itself in accordance with the "Failure in Performance" clause of this Contract. The presence or absence of a government inspection does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the contract without the RECO's written authorization. 37. Contract Disputes (09/2021) 6.3.39 A. All contract disputes arising under or related to this contract shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A contractor may seek review of a final FAA decision only after its administrative remedies have been exhausted. B. The filing of a contract dispute with the ODRA may be accomplished by mail, overnight delivery, hand delivery, or by facsimile, or if permitted by Order of the ODRA, by electronic filing. A contract dispute is considered to be filed on the date it is received by the ODRA during normal business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time. C. Contract disputes are to be in writing and shall contain: i. The contractor's name, address, telephone and fax numbers and the name, address, telephone and fax numbers of the contractor's legal representative(s) (if any) for the contract dispute; ii. The contract number and the name of the Contracting Officer; iii. A detailed chronological statement of the facts and of the legal grounds for the contractor's positions regarding each element or count of the contract dispute (i.e., broken down by individual claim item), citing to relevant contract provisions and documents and attaching copies of those provisions and documents; iv. All information establishing that the contract dispute was timely filed; v. A request for a specific remedy, and if a monetary remedy is requested, a sum certain must be specified and pertinent cost information and documentation (e.g., invoices and terminated checks) attached, broken down by individual claim item and summarized; and vi. The signature of a duly authorized representative of the initiating party D. Contract disputes shall be filed at the following address: Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 10 Page 328 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA i. For filing by hand delivery, courier or other form of in -person delivery: Office of Dispute Resolution for Acquisition Federal Aviation Administration 600 Independence Avenue SW., Room 2W100 Washington, DC 20591; or For filing by U.S. Mail: Office of Dispute Resolution for Acquisition Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 [Attention: AGC-70, Wilbur Wright Bldg. Room 2W100]; or Telephone: (202) 267-3290 Facsimile: (202) 267-3720 Alternate Facsimile: (202) 267-1293; or ii. Other address as specified in 14 CFR Part 17. E. A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the contract claim involved. A contract dispute by the FAA against a contractor (excluding contract disputes alleging warranty issues, fraud or latent defects) likewise shall be filed within two (2) years after the accrual of the contract claim. If an underlying contract entered into prior to the effective date of this part provides for time limitations for filing of contract disputes with the ODRA which differ from the aforesaid two (2) year period, the limitation periods in the contract shall control over the limitation period of this section. In no event will either party be permitted to file with the ODRA a contract dispute seeking an equitable adjustment or other damages after the contractor has accepted final contract payment, with the exception of FAA claims related to warranty issues, gross mistakes amounting to fraud or latent defects. FAA claims against the contractor based on warranty issues must be filed within the time specified under applicable contract warranty provisions. Any FAA claims against the contractor based on gross mistakes amounting to fraud or latent defects shall be filed with the ODRA within two (2) years of the date on which the FAA knew or should have known of the presence of the fraud or latent defect. F. A party shall serve a copy of the contract dispute upon the other party, by means reasonably calculated to be received on the same day as the filing is to be received by the ODRA. G. After filing the contract dispute, the contractor should seek informal resolution with the Contracting Officer. H. The FAA requires continued performance with respect to contract disputes arising under this contract, in accordance with the provisions of the contract, pending a final FAA decision. I. The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the contract dispute, or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on contract disputes shall be paid at the rate fixed by the Secretary of the Treasury that is applicable on the date the Contracting Officer receives the contract dispute and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary until payment is made. Interest will not accrue for more than one year. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 11 Page 329 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA J. Additional information and guidance about the ODRA dispute resolution process for contract disputes can be found on the ODRA website at http://www.faa.gov. 38. Organizational Conflict of Interest (01/2023) 6.3.47 A. The offeror or Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in the FAA Acquisition Management System, "Organizational Conflicts of Interest (T3.1.7)", or that the Contractor has disclosed all such relevant information. B. The offeror or Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor must make a full disclosure in writing to the Contracting Officer. The disclosure must include a mitigation plan describing actions the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the actual or potential conflict. Changes in the Contractor's relationships due to mergers, consolidations or any unanticipated circumstances may create an unacceptable organizational conflict of interest which may necessitate disclosure. C. The FAA reserves the right to review and audit OCI mitigation plans as needed after award, and to reject mitigation plans if the OCI, in the opinion of the Contracting Officer, cannot be avoided, or mitigated. D. The Contracting Officer may terminate this contract for convenience in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate this contract for default, debar the Contractor from government contracting, or pursue such other remedies as may be permitted by law or this contract. E. The Contractor further agrees to insert provisions which must conform substantially to the language of this clause including this paragraph (d) in any subcontract or consultant agreement hereunder. 39. System for Award Management - Real Property (SAM Waiver) (09/2021) 6.4.1 The System for Award Management (SAM) is the Government's required method to receive vendor information. However, you have been granted an exception to SAM and therefore must provide your initial payment information and any future changes to your payment information to the RECO on a completed and signed "Vendor Miscellaneous Payment Information" form, together with any other required notice under this lease. 40. Payment by Electronic Funds Transfer (09/2021) 6.4.2 All payments by the Government under this Contract will be made by electronic funds transfer (EFT). The Government will make payment by EFT through the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association. The rules governing federal payments through the ACH are contained in 31 CFR Part 210. The Lessor is responsible for maintaining correct payment information with the Government. If the Lessor's EFT information is incorrect or outdated, the Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 12 Page 330 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA Government is not required to make payments to the Lessor until correct/current EFT information is submitted to the Government for payment distribution. 41. Wiring for Telephones (09/2021) 6.5.17 The Government reserves the right to provide its own telephone service in the space to be leased. It may have inside wiring and telephone equipment installed by the local telephone company or a private contractor. Alternately, the Government may consider using inside wiring installed by the Lessor, if available. However, the final decision will be made by the Government. 42. Installation of Antennas, Cables & Other Appurtenances (09/2021) 6.5.18 The Government shall have the right to install, operate and maintain antennas, wires and supporting structures, including any linking wires, connecting cables and conduits atop and within buildings and structures, or at other locations, as deemed necessary by the Government. The Government will coordinate with the Lessor when installing antennas, cables, and other appurtenances. 43. Doors (09/2021) 6.6.1 Exterior doors must be weather tight, equipped with cylinder locks and door checks, automatic door closures and open outward. The Lessor must furnish the Government at least two master keys and two keys for each lock. Interior doors must be solid cored and at least 32 by 80 inches with a minimum opening of 32 inches and be of sturdy construction. Fire doors must conform to NFPA Standard No. 80. As designated by the Government, doors must be equipped with non - removable hinge pins, and locks with 7-pin removable cores. The Government shall provide cores. Locks, locking arrangements and latches must be in accordance with local building and fire codes, as well as OSHA 29 CFR 1910. 44. Lighting (09/2021) 6.6.2 Modern, diffused, energy efficient fixtures must be provided that maintain a uniform lighting level of 50 foot candles at working surfaces. Emergency lighting must provide at least 0.5 foot candles of illumination throughout the exit path, including exit access routes, exit stairways, or other routes such as passageways to the outside of the building. Additionally, normal and emergency egress lighting must comply with the requirements of local building and fire codes, as well as, the Life Safety Code NFPA 101. 45. Adhesives and Sealants (09/2021) 6.6.3 The Lessor shall use adhesives and sealants that contain no formaldehyde, asbestos, polychlorinated biphenyls (PCBs), or heavy metals. 46. Ceilings (09/2021) 6.6.4 Ceilings must have acoustical treatment with a flame spread of 25 or less and smoke development rating of 50 or less. 47. Floor Load (09/2021) 6.6.5 All adjoining floor areas shall be: A. Of a common level not varying more than 1/4 inch over a 10-foot, 0-inch horizontal run in accordance with the American Concrete Institute standards, B. Non -slip, and C. Accepted by the RECO. Under floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per square foot plus 20 pounds per square foot for moveable partitions. Storage areas shall have a minimum live load capacity of 100 pounds per square foot including moveable Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 13 Page 331 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA partitions. A report showing the floor load capacity, at no cost to the Government, by a registered professional engineer may be required by the RECO. Calculations and structural drawings may also be required. 48. Painting (09/2021) 6.6.6 All surfaces must be newly painted with low-VOC, non -lead based paints in colors acceptable to the Government. All surfaces must be repainted at Lessor's expense at least once every 8 years. The coordination for the painting will be carried out between the Lessor and SSC Manager. Such repainting includes the moving and returning of the furniture, including dismantling, moving and re -assembling the Government's systems furniture, if directed by the Government, at the Lessor's expense. Any existing lead based paint must be properly maintained and managed per existing federal, state, and local regulatory requirements. If there is chipping, flaking, or peeling paint in the leased premises during the period of Government occupancy, it must be sampled for lead at the Lessor's expense. If the paint contains lead, it must be abated at the Lessor's expense. This could be performed either by removal or sealing with an encapsulating material. 49. Display Advertising (09/2021) 6.6.7 If the leased premises are solely for Government use, no advertising matter shall be constructed on or over the premises, unless authorized by the RECO. 50. Erection of Signs (07/2022) 6.6.8 The Government has the right to erect on or attach to the Lessor's premises such signs as may be required to clearly identify the Government's facility or to post Government policies, rules, and regulations. Signs so erected will remain the property of the Government and will be removed from the premises upon termination of the lease. 51. Window and Floor Covering (09/2021) 6.6.9 All exterior windows shall be equipped with window covering. Floors will be carpeted with a commercial grade of carpet acceptable (carpet tiles or carpet broadloom) to the Government. Existing floor and window coverings may be accepted at the discretion of the RECO; however, prior to occupancy all carpeting and window coverings shall be cleaned. At no additional cost to the Government, the Lessor shall replace carpeting at least every 8 years during Government occupancy or any time during the lease when: A. Backing or underlayment is exposed, B. There are noticeable variations in surface color or texture, and/or C. The condition of the carpet is such that it presents a clear and present danger to pedestrians. Replacement includes moving and return of furniture including dismantling, moving and re- assembling the Government's systems furniture if directed by the Government. 52. Seismic Safety for Equipment (09/2021) 6.6.12 All Lessor -installed equipment, either Government provided or Lessor provided, shall be installed in strict accordance with the latest available edition of the International Building Code (IBC) at the time of execution of this contract and the DOT Specification FAA-G-2100H to ensure proper anchoring to protect personnel during a seismic event. 53. Green Label Certification for Sustainability Verification 07/2022 6.6.14 Following award of this Lease, the Lessor shall submit the information set forth herein to the facility manager, to be maintained on site, within the designated time frames. A. Product Data Sheets for floor coverings, paints and wall coverings, ceiling materials, all Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 14 Page 332 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA adhesives, wood products, suite and interior doors, subdividing partitions, wall base, door hardware finishes, window coverings, millwork substrate and millwork finishes, lighting and lighting controls, and insulation to be used within the leased space. This information must be submitted no later than the date of submission of the final Design Intent Drawings for the leased space, as outlined in the "Design Intent Drawings" clause of this Contract. B. Any waiver required by the failure or inability of the Lessor to use materials from the CPG and Recovered Materials Advisory Notice (RMAN) lists of acceptable products are due within 5 business days to the facility manager and copy to the RECO. C. Radon test results as may be required in accordance with the "Radon Air Levels" clause. D. Construction Waste Management Plan - Prior to issuance of the notice to proceed with construction, a proposed plan to recycle construction waste that follows industry standards must be submitted by the Lessor. The construction waste management plan shall at a minimum, include: i. The Lessor's Waste Management Diversion goal; ii. A statement of the relevant construction debris and materials to be diverted; iii. Lessor's implementation protocols; and iv. The names and contact information of the parties responsible for implementing the plan. The Lessor must provide documentation of the actual percentage of material diverted from the applicable landfill. If the quantity of material to be diverted is small, the waste disposal method is determined to be extraordinarily complex, or the cost of such diversion and recycling efforts would be cost - prohibitive and, consequently, would represent a genuine hardship, the Government, upon written request of the Lessor and approval of the facility manager and copy to the RECO, may permit an alternative means of disposal. E. Building Recycling Service Plan - A building recycling service plan with floor plans annotating recycling area(s) shall be submitted as part of the Design Intent Drawings to be reflected on the Construction Drawing submission. F. The Lessor shall provide to the RECO a signed statement explaining how all HVAC systems serving the leased space shall achieve the desired ventilation of the space during the flush -out period. G. Prior to the submission by the Lessor of the completed Design Intent Drawings, the Lessor shall submit to the RECO a written commissioning plan that includes: i. A schedule of systems commissioning dates (revised as needed during all construction phases of the project, subject to the review and approval of the RECO in accordance with the "Changes" clause of this Contract; and ii. A description of how commissioning requirements shall be met and confirmed. 54. Services, Utilities, and Maintenance of Premises (10/2022) 6.7.1 The Lessor will maintain the demised premises, including but not limited to, the building grounds, all equipment, fixtures and appurtenances furnished by the Lessor under this Lease, in a good, clean and tenantable condition. The Lessor will maintain landscape plants, lawns, walkways, and parking areas. The Lessor will also remove snow, ice, and any other obstructions from the entrances, walkways, and parking areas around the premises, prior to and during normal business hours set forth below. The Lessor will provide the labor, materials, equipment and supervision necessary to ensure good repair and tenantable condition. The Lessor must provide services, utilities, and maintenance daily, extending from 6am to 6pm except Saturday, Sunday and federal holidays. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 15 Page 333 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA Utility and maintenance services supplied to space that houses technical equipment will be supplied twenty-four (24) hours per day, seven (7) days per week. The Government has the right to use appurtenant areas and facilities. The Government has unlimited access to the leased premises 24 hours per day, seven days per week, including, as applicable, the access to, and use of, electrical services, toilets, lights, elevators, and Government office machines at no additional cost. Such access allows the Government to service Government -owned technical equipment, or to perform other mission -critical related duties, as it determines necessary in its sole and absolute discretion. In addition to such other services as are set forth elsewhere in this Contract, the Lessor will provide the following: A. Electricity, B. Water (hot and cold) and sewer C. Potable water (see "Drinking Water" clause) D. Restroom cleaning and supplies, daily E. Window washing twice yearly F. Initial and replacement lamps, tubes and ballasts G. Exterior and interior door locks and hardware — designed to accept 7-pin removable cores supplied by the Government; and 55. Janitorial Services (09/2021) 6.7.2 The Lessor shall provide janitorial services for the leased space, public areas, entrances, and all other common areas and shall provide replacement of supplies. A. Selection of Cleaning Products and Equipment — The Lessor must use environmentally preferable janitorial cleaning products, such as those that meet or are equivalent to Green Seal Standard GS-37 and/or the EPA Safer Choice label. B. The Lessor shall provide to facility management the FAA Safety Data Sheets (SDS) for all chemicals used for cleaning purposes prior to their use at the facility. i. Selection of Paper Products — The Lessor shall select paper and paper products (i.e., bathroom tissue and paper towels) with recycled content conforming to the Environmental Protection Agency's (EPA) Comprehensive Procurement Guideline (CPG). ii. Schedule of Cleaning — Cleaning shall be performed after the hours defined in this Lease, unless cleaning during official duty hours is specified as a special requirement. The Lessor shall provide the schedule no later than 7 calendar days after occupancy of the space for the required cleaning services and their frequencies. A schedule is set forth below: a. Daily: 1. Sweep floors using chemically treated absorbent or dusting tools. 2. Vacuum all carpeted areas, as needed. 3. Empty waste baskets and containers; dispose of waste paper, trash, and other extraneous materials. 4. Clean restrooms: a. Clean restroom fixtures and chrome fittings. b. Clean and refill all dispensers (including deodorant material) c. Wet mop restroom floors. d. Sanitize sinks, toilets, toilet seats, and urinals. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 16 Page 334 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA e. Spot wash walls, partitions, and doors. 5. Furnish and maintain constant supply of deodorant material and paper products. 6. Wash all drinking fountains. 7. Refill hand sanitizer dispensers in common areas, where applicable. b. Weekly: 1. Dust counters, file cabinets, and telephones, and surfaces of all office furniture, fixtures, and window sills (except desk tops). 2. Damp mop all non -carpeted floors. 3. Vacuum all carpeted areas. c. Monthly: 1. Wash waste baskets. 2. Wax and buff all non -carpeted floors. 3. Clean or wash walls as needed to present a neat appearance. 4. Dust all ledges and flat surfaces within reach. 5. Dust and clean all light fixtures. 6. Dust and clean all window blinds. 7. Wash restroom walls, partitions, and doors. d. Annually 1. Strip old wax from all floor space and re -wax. 2. Shampoo all carpeted floors. Within 60 days after occupancy by the Government, the Lessor shall provide the RECO with a detailed written schedule of all periodic services and maintenance to be performed other than daily, weekly, or monthly. 56. HVAC (09/2021) 6.7.3 All heating, ventilation and air-conditioning systems that service the leased space must maintain a temperature range of 68-72 degrees Fahrenheit year-round or as dictated in the most recent version of ASHRAE Standard 62, "Ventilation for Acceptable Indoor Air Quality" and ASHRAE Standard 55, "Thermal Environmental Conditions for Human Occupancy". These temperatures must be maintained during hours of operation (as dictated by the lease) throughout the leased premises and service areas regardless of outside temperatures. An automatic control system will be provided to ensure compliance with heating and air conditioning provisions included in this contract. In order to ensure that there is no degradation of air quality or air flow in the leased premises during the term of the lease, Lessor agrees to perform preventative maintenance on all HVAC units in accordance with the corresponding manufacturers operations and maintenance manuals (e.g. check for defects, lubricate, make adjustments, change the filters, cleaned and make other necessary service requirements). Lessor also agrees to service the VAV boxes annually (on or before each lease anniversary date) and provide the service date to the RECO and FAA facility manager. Such service will include checking the temperature ranges, checking all speeds on each fan, cleaning the fans and other components, replacing defective parts and completing other necessary repairs and maintenance. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 17 Page 335 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA 57. Landscaping (09/2021) 6.7.4 A. Where conditions permit, the site shall be landscaped for low maintenance and water conservation with plants that are either native or well -adapted to local growing conditions. B. Landscape management practices shall prevent or minimize pollution and storm water runoff by: i. Employing practices which avoid or minimize the need for fertilizers and pesticides; ii. Prohibiting the use of the 2,4-Dichlorophenoxyacetic Acid (2,4-D) herbicide and organophosphates; and iii. Composting/recycling all yard waste. C. The Lessor shall use landscaping products with recycled content required by Environmental Protection Agency's (EPA's) Comprehensive Procurement Guidelines (CPG) for landscaping products. Refer to EPA's CPG web site, https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program. 58. Pest Control (09/2021) 6.7.5 Pesticide application to exterminate and control pests within the leased premises can be performed per periodic schedule for preventative maintenance and according to need with 24-hour notification to the FAA facility management. Prior to any addition/change in type of pesticides or other chemical pest control, Lessor must provide 48-hour written notice with applicable Safety Data Sheet(s) (SDS) to be provided to the FAA facility management. Herbicides/pesticides are not to be applied near the outside air intakes of the building when the HVAC system is in operation, nor within the leased premises during normal working hours or when the HVAC system is in operation. 59. Fire and Life Safety Requirements (09/2021) 6.8.3 The facility, its systems and appurtenances must be in compliance with the following fire and life safety (FLS) requirements: A. Construction features of the building must comply with state and local building codes in effect at the time of construction or most recent alteration. B. Maintenance and operations of the building must comply with the current edition of state and local fire safety and fire prevention codes. C. Construction features, maintenance and operations of the building must meet or exceed the minimum level of fire and life safety specified by OSHA 29 CFR 1910. Where compliance with the literal requirements of these standards has not been achieved, the Lessor must document, in writing to the Government, the specific deviation(s) from these standards and the equivalencies or alternative methods used by the Lessor as alternative methods of compliance. Each approach used as an alternative method of compliance must be documented in accordance with the Equivalency and Technical Documentation requirements of NFPA 101, signed by a Fire Protection Engineer, licensed in the subject property's state, and a copy must be provided to the RECO. As provided in this section, all codes, standards, orders and directives refer to the current edition in place at the signing of this contract. If construction or alterations to the premises are undertaken at any time during the term of this contract, fire protection and life safety systems must be brought into compliance where required by applicable codes and standards according to the then -current edition of local codes and standards and all requirements of OSHA 29 CFR 1910. The party initiating the Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 18 Page 336 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA construction or alterations is responsible for funding the upgrade of fire and life safety systems, construction or alteration to the facility must never decrease the level of fire and life safety provided. Regardless of local code requirements, when the premises (including garage areas under contract by the Government) is on the 6th floor or above, or below grade, automatic sprinklers are required. All Airport Traffic Control Towers must meet the requirements of OSHA's Alternate Standard for Fire Safety in Airport Traffic Control Towers and the NFPA 101. Furthermore, buildings serving National Airspace System (NAS) air traffic control operations and constructed after June 2012, must be fully protected with an automatic, electrically supervised sprinkler system designed and installed in accordance with the requirements of NFPA 13. When space is located in multi -tenant buildings, the Lessor is responsible for the following: i. Development of a building Emergency Action Plan (EAP) and Fire Prevention Plan. ii. Publishing and making copies of the EAP and Fire Prevention Plan, and making them available to all FAA occupants. iii. Conducting fire or other emergency evacuation drills, at least annually. iv. Conducting review and modification of the EAP and Fire Prevention Plan at least annually. v. Inviting FAA representation to develop, review and modify the EAP and Fire Prevention Plan. 60. Fall Protection (09/2021) 6.8.4 The Contractor must ensure proper fall protection safety systems are in place for all work areas where Government personnel are required to perform work at four feet or more above the next lowest level on fixed ladders and within access points to elevated work areas in accordance with FAA Order 3900.19, FAA Occupational Safety and Health Policy, 29 CFR 1910, Occupational Safety and Health Standards (General Industry), 29 CFR 1926 Subpart M, Safety and Health Regulations for Construction, and applicable regulatory required American National Standard Institute (ANSI) Standards. All such elevated work surfaces (platforms, catwalks, roofs, etc.) must have OSHA compliant guardrails, railings, toe boards and/or parapets where applicable to meet OSHA and ANSI requirements as referenced herein. 61. Environmental and Occupational Safety and Health (EOSH) Requirements (09/2021) 6.8.5 The Contractor must provide space, services, equipment, and conditions that comply with the following EOSH standards: A. 29 CFR 1910, Occupational Safety and Health Administration (OSHA) Standards (General Industry) B. 29 CFR 1926, Safety and Health Standards (Construction) C. National Fire Protection Association (NFPA) 101, Life Safety Code D. FAA Order 3900.19, FAA Occupational and Health Policy E. FAA Standard HF-STD-001, Human Factors Design Standard F. National Fire Protection Association (NFPA) 70, National Electrical Code, and NFPA 70E, Electrical Safety in the Workplace G. Local and state EOSH regulations H. Local and state fire codes and building codes. Federal, state and local EOSH (OSHA and EPA) standards and building codes must be complied with when accomplishing any cleaning, construction, renovation, remodeling, maintenance activities Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 19 Page 337 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA or testing done in or on the leased premises and areas connected to or integrated with the premises. Additionally, whenever FAA standards require work processes or precautions to be provided, the Contractor will coordinate with the FAA before and during the work so that the proper requirements are met. Any equipment designed, installed, or used that presents a potential safety hazard shall be marked with appropriate warning labels or placards, in accordance with 29 CFR 1910.145, Specifications for Accident Prevention Signs and Tags, FAA HF-STD-001, Human Factors Design Standard, Chapter 12.16, Safety Labels and Placards, American National Standards Institute (ANSI) Standard Z535.4, Product Safety Signs and Labels, and FAA-G-2100H, Electronic Equipment, General Requirements, Section 3.3.5.4. 62. Recycling (09/2021) 6.8.6 Where state or local law, code, or ordinance requires recycling programs (including those for mercury containing lamps) for the space, the Contractor shall comply with state and/or local law, code, or ordinance. In all other cases, the Contractor must establish a recycling program for paper, corrugated cardboard, glass, plastics, and metals to the extent practicable and where local markets for those recovered materials exist. The Contractor agrees, upon request, to provide the Government with additional information concerning recycling programs maintained in the building and in the space after lease execution. 63. Indoor Air Quality (09/2021) 6.8.7 The Contractor must control contaminants at the source and/or operate the space in such a manner that the indicator levels are not exceeded for carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde (CH2O). The indicator levels for office area are as follows: CO less than 5 parts per million (PPM); CO2 - 700 PPM above outdoor air; CH2O - 0.027 PPM. All indoor air contaminant levels in the space must be kept below appropriate OSHA regulations or OSHA required consensus standards. Air quality systems cleaning is required to prevent the growth of mold, mildew and bacteria. Any visual evidence of these will require immediate sampling and remediation. Moisture/standing water must be controlled to prevent the growth of these. During working hours, ventilation must be provided in accordance with the latest edition of ANSI/American Society of Heating, Refrigerating, and Air -Conditioning Engineers (ASHRAE) Standard 62, Ventilation for Acceptable Indoor Air Quality and ASHRAE Standard 55, Thermal Environmental Conditions for Human Occupancy. The Contractor must investigate indoor air quality (IAQ) complaints immediately and must implement controls including alteration of building operating procedures (e.g., adjusting air intakes, adjusting air distribution, cleaning and maintaining heating, ventilation and air conditioning (HVAC) systems, etc.). The Government is responsible for addressing IAQ problems resulting from its own activities. The Contractor must provide SDS to FAA facility management for all chemicals and cleaning solutions at least 72 hours prior to their use in the FAA spaces or other areas of the buildings that might affect air quality in the FAA space(s). Materials should contain low or no Volatile Organic Compounds (VOC) and additional ventilation may be required when using chemicals and cleaning solutions. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 20 Page 338 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA 64. Mold Growth Identification and Control (09/2021) 6.8.8 The contractor must prevent mold growth and excessive levels of moisture and humidity. Adequate air quality, moisture control and facility cleaning are required to prevent the growth of mold, mildew, and bacteria. Any visual evidence of mold requires immediate sampling and remediation by the contractor. Following a water -intrusion event, the contractor must identify the water source and immediately implement water extraction and drying efforts. Once the water source is identified, the contractor must take action to prevent additional water damage and ensure that permanent fixes are in place prior to build -back and restoring building materials. Within 24-48 hours of water damage from clean water sources (e.g., water supply lines, rainwater, and snowmelt from rooftops), all building materials must be dried to a moisture level that will prevent mold growth. All porous materials contaminated with sewage or other Category 2 (e.g., washing machine overflows, toilet overflows, and non -feces waters) or Category 3 (sewage backups and overflows from beyond toilet traps, feces, floodwaters, and groundwater intrusion) water sources must be discarded. All non -porous material must be cleaned and disinfected. Mold remediation and cleaning must be conducted using recognized industry methods and practices (e.g. Institute of Inspection, Cleaning and Restoration Certification (IICRC) S500 Standard and Reference Guide for Professional Water Damage Restoration, IICRC-S520 Standard and Reference Guide for Professional Mold Remediation, 2008, and National Air Duct Cleaners Association (NADCA): Assessment, Cleaning and Restoration of HVAC Systems, ACR 2006). State requirements concerning mold remediation, contractors training and licensing must be followed. The contractor must coordinate with the FAA facility management and RECO regarding all mold remediation operations. The FAA must be afforded the opportunity to provide input in the mold remediation process. Biocides must be used cautiously and in accordance with EPA requirements. A Certified Industrial Hygienist (CIH) must pre -approve the use of EPA -approved biocides in air conveyance systems. 65. Drinking Water (09/2021) 6.8.9 The contractor must provide drinking water in the space that meets the standards prescribed in the Safe Drinking Water Act, 42 U.S.C. 300. Acceptable potable water must meet EPA's primary drinking water standards with contaminants being less than established Maximum Contaminant Levels (MCLs) and action levels. In cases where state and/or local authorities have their own standards, potable water must meet those or federal standards, whichever is more stringent. The contractor must test the sources of drinking water in the space (faucets, drinking water fountains, ice machines, etc.) on a periodic basis, but no less than every three (3) years, to ensure water quality (e.g., lead, copper, total coliforms). If the contractor performs plumbing and/or renovation work in the space that impacts the drinking water (i.e., replacement of water lines), the contractor must test the drinking water in the system affected by the plumbing and/or renovation work. If at any time, the FAA or contractor's drinking water test results are not acceptable under the EPA's primary drinking water, and/or state and local authorities' standards as described above, the Lessor must immediately correct the deficiencies. The contractor must notify the Government prior Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 21 Page 339 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA to performing all tests and provide a copy of any test report to the RECO and facility management or their designee. 66. Halon (09/2021) 6.8.10 Halon may not be used in any FAA space. 67. Radon Air Levels (09/2021) 6.8.11 Contractor must provide the FAA with a Radon Evaluation Report for the facility when requested. Radon air levels in FAA premises must not exceed the level of 4.0 picocuries per liter (pCi/L). If radon levels are found to be at or above 4.0 pCi/L, the contractor must immediately notify the RECO and FAA facility management of its finding and its plan of corrective action, including testing, to ensure radon air levels are maintained below 4.0 pCi/L at all times. Radon testing shall be done by a radon professional certified according to state and local requirements using US EPA approved testing methods. 68. Asbestos (09/2021) 6.8.12 The contractor must ensure that FAA personnel are protected from asbestos hazards, in accordance with: A. 29 CFR 1910.1001, Asbestos (General Industry) B. 29 CFR 1926.1101, Asbestos (Construction) C. 40 CFR 763, Subpart E, Asbestos Containing Materials in Schools, Asbestos Hazard Emergency Response Act (AHERA) D. 40 CFR 61, Subpart M, National Emissions Standards for Hazardous Air Pollutants (NESHAP) E. State and local asbestos regulations The contractor warrants that, notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, all space under this contract, including, but not limited to; space above suspended ceilings in the leased space, air plenums elsewhere in the building that service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces in the same ventilation zone as the leased space, and public spaces and common use spaces (e.g., lobbies, hallways) will, at the time of acceptance and during the term of this Lease, including all extensions thereof, comply with asbestos regulatory requirements. All facilities are required to have a current asbestos building survey or an asbestos free certification (in accordance with federal, state or local regulations, and including sampling of all materials that have the potential to contain asbestos) conducted by a qualified inspector, including a visual examination and sampling of building materials. All asbestos identification survey reports must be sent to the RECO and FAA facility management. The RECO must notify the contractor in writing of any failure to comply with asbestos requirements, within five (5) days after the discovery thereof. If Asbestos Containing Materials (ACMs) are found to be in the leased space, either prior to acceptance or during the course of the lease agreement, the Government reserves the right to require the contractor, at no cost to the Government, to take corrective action as required by OSHA, EPA, state and local requirements. In accordance with these regulations, the contractor must post asbestos warning labels and signs in accordance with OSHA regulations. In addition, all construction by the contractor is required to comply with OSHA, EPA, state and local requirements for asbestos. Prior to the start of any construction, renovation or maintenance activities Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 22 Page 340 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA that impact the building, the contractor must determine whether ACM will or could be released as part of the work. If ACM will or could be released, the contractor must notify the FAA and take corrective actions to prevent FAA employees from exposure to asbestos fibers. Corrective actions must be coordinated with the FAA at least 30 days prior to the start of any construction, renovation or maintenance activities that impact the building. After ACM remediation is performed, the contractor must adhere to regulatory required post - asbestos abatement air monitoring requirements. As a part of this process, the contractor must provide the RECO and the FAA facility manager with an asbestos re -inspection report indicating the location and condition of all remaining ACM in the FAA leased areas and common areas of the facility. If the contractor supplies the janitorial or maintenance contracts, those employees must also be informed of the presence and location of asbestos at the facility. "Corrective Action", as used in this clause, means the removal, encapsulation or enclosure of ACM. All corrective actions must be conducted by licensed asbestos abatement contractors in accordance with OSHA, EPA, state, local and FAA requirements. 69. Warranty of Space (09/2021) 6.8.13 The contractor warrants that all space leased to the Government under this contract complies with federal, state, and local regulations. The space is not limited to that set forth in this contract, but also includes space above suspended ceilings in the leased space, air plenums elsewhere in the building that service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces in the same ventilation zone as the leased space, and public spaces and common use spaces (e.g., lobbies, hallways). 70. Electrical Safety (09/2021) 6.8.14 The contractor must ensure electrical safety requirements are met, including grounding, bonding, shielding, control of electrostatic discharge (ESD), and lightning protection requirements, in accordance with: A. 29 CFR 1910, Subpart S, Electrical B. FAA Standard HF-STD-001, Human Factors Design Standard, Chapter 12.4, Electrical Hazards C. DOT Specification FAA-G-2100H, Electronic Equipment, General Requirements D. National Fire Protection Association (NFPA) 70, National Electrical Code E. NFPA 70E, Electrical Safety in the Workplace F. American National Standards Institute/Institute of Electrical and Electronics Engineers (ANSI/IEEE) Standard 1100-2005, Recommended Practice for Powering and Grounding Electrical Equipment G. DOT Standard FAA-STD-019F, Lightning and Surge Protection, Grounding, Bonding and Shielding Requirements for Facilities and Equipment The contractor must ensure that electrical equipment and infrastructure meets minimum clear working space requirements in accordance with 29 CFR 1910.303 and NFPA 70 Article 110.26, and is maintained and documented in accordance with NFPA 70E. Any change in the electrical equipment requires review of the current arc flash warning labels to determine if the arc flash warning labels posted meet the current safety requirements. 71. Facility Security (09/2021) 6.9.1 Security requirements for Government occupied space must meet minimum -security accreditation standards for the type of facility covered by this Lease. The FAA Facility Security Management Program defines facility security accreditation standard levels. The Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 23 Page 341 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA security requirements identified below are tailored specifically for the type of facility covered by this Lease. The Lessor shall provide or make accommodation to provide for all the security requirements listed herein for the leased premises covered by this Lease agreement: NONE The local Servicing Security Element (SSE) will determine any additional security upgrades that are required to meet accreditation and shall conduct a final security assessment of the building. If that assessment indicates that additional upgrades are required to the Premises, those upgrades shall be contracted and paid for under separate contract at the Government's expense and subject to the availability of funds. The Lessor shall provide maintenance services to the security upgrades installed by the Lessor within the leased premises and covered under this Lease. 72. Foreign Nationals as Contractor Employees (04/2022) 6.9.2 a) Definition. "Foreign National" is any citizen or national of a country other than the United States who has not immigrated to the United States and is not a Legal Permanent Resident (LPR) of the United States. b) Each contractor or subcontractor employee under this contract, having access to FAA facilities, sensitive information, or resources must be a citizen of the United States, or a foreign national who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident CardI- 551, or who presents other evidence from the U.S. Citizenship and Immigration Service that employment must not affect his/her immigration status. c) Foreign Nationals proposed under this contract must meet the following conditions in accordance with FAA Order 1600.1F, chapter 8, paragraph 10: (1) Must have resided within the United States for a minimum of the last three (3) years unless a waiver of this requirement is requested and approved in accordance with the requirements stated in FAA Order 1600.1F, chapter 8, paragraph 10; (2) A risk or sensitivity level designation can be made for the position; and (3) The appropriate security -related background investigation can be adequately conducted, as determined by the Office of Security and Hazardous Materials (ASH) Office of Personnel Security (AXP). d) Foreign Nationals proposed under this contract must meet the following additional conditions: (1) Provide a current unexpired passport and their place of birth in order to begin the background investigation process in accordance with FAA Order 1600.1F, Personnel Security Program; and, (2) Successfully pass an export control review as outlined in FAA Order 1240.13 FAA Export Control Compliance. e) Interim suitability requirements may not be applied unless the position is low/moderate in risk, and/or temporary, and/or is not in a critical area position. 73. Real Estate Contractor Personnel Suitability Requirements (04/2022) 6.9.3 1. No contractor employee, subcontractor, or consultant will be allowed unescorted access to any FAA facility; access to FAA classified information; access to FAA *Sensitive Unclassified Information (SUI); or access to FAA systems or resources unless they have been authorized by the FAA Office of Personnel Security (AXP). Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 24 Page 342 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA *SUI is defined as unclassified information, in any form including print, electronic, visual, or aural forms, which is protected from uncontrolled release to persons outside the FAA and indiscriminate dissemination within the FAA. It includes aviation security, homeland security, and protected critical infrastructure information. SUI may include information that may qualify for withholding from the public under the Freedom of Information Act (FOIA). 2. Consistent with FAA Order 1600.1F, AXP must approve designated risk levels for the positions under the contract, to be determined by the FAA Operating Office (the organization with the requirement) in coordination with the Contracting Officer (CO) or designee, using the OPM Position Designation Automated Tool (PD Tool). 3. For all contractor employees, subcontractors, or consultants requiring access to FAA facilities, classified information, sensitive unclassified information, systems, or resources, the prime contractor must submit to their responsible AXP office and CO or their designee, a point of contact (POC) who will be responsible for entering all contractor applicant data, to include subcontractor data, into the Vendor Applicant Process (VAP) system (AXP will provide the user with access to the VAP) for security processing. The contractor must not enter contractor employees in VAP unless they have a legitimate need for access to FAA facilities, classified information, sensitive unclassified information and/or systems according to the terms of the contract. Contractor employees who will not require the aforementioned types of access or who would be under escort of other badged personnel are not to be entered in VAP. 4. If an applicant has had a previous US Government conducted background investigation, which meets the investigative requirements for the position and meets established reciprocity guidelines, it will be accepted by the FAA. The FAA reserves the right to conduct further investigations, including requesting additional information from the applicant, if necessary. 5. If no previous investigation exists, or if the previous investigation does not meet investigative requirements for the position, AXP will: a. Send the applicant an e-mail (this step may be delegated to VAP POC) with instructions for completing investigative requirements; b. Instruct the applicant how to enter and complete a background investigation questionnaire through the electronic Questionnaires for Investigation Processing (eQIP) system; c. Provide where to upload, or send/fax applicable forms; and d. Provide instructions regarding fingerprinting (any fees associated with obtaining fingerprints are not the responsibility of the FAA). The contractor employee must complete the investigative requirements and submit required material within 15-calendar days of receiving the e-mail from AXP. If items are submitted outside of the eQIP system, the contractor must submit the required information, referencing the contract number, to the AXP POC noted in the instruction email. 6. No contract employee, subcontractor, or consultant, identified as requiring a background investigation under the contract will work in any position unless AXP has authorized them to begin work. Authorization will be in the form of an Interim or Final Suitability email notification from AXP to the VAP POC and CO. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 25 Page 343 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA 7. No contract employees, subcontractor, or consultant will be issued a FAA Personal Identity Verification (PIV) card, or other FAA issued ID card, unless they have been granted an Interim or Final suitability from AXP. 8. The Contractor VAP POC must inform the CO or their designee and submit a VAP removal record in VAP within twenty-four (24) hours after any contractor employee resigns, is terminated, transferred, or otherwise removed from the contract. If the FAA issued the contract employee a PIV card, or other ID card, the contractor must collect the card within twenty-four hours, and return it to AXP no later than five business -days after the employee's termination or transfer. 9. The CO or their designee will provide notice to the contractor within 24 hours after receipt of a determination that the contractor or its employee has not complied with security -related contract requirements, security -related FAA Orders, or if a contractor employee's conduct is objectionable or contrary to the public interest, or inconsistent with the best interest of national security. The notice will instruct the contractor to remove its employee's access to FAA premises or networks, or otherwise remedy the contractor's performance. 10. The contractor must immediately comply with the CO or their designee's direction to remedy its security performance at the contractor's expense, including removing the employee from FAA premises and networks. If the contractor employee is working under an interim suitability authorization, the contractor must take appropriate action, including the removal of the contractor employee from working on the FAA contract, at their own expense. Once action has been taken, the contractor must report the action via the VAP within the timeframe prescribed in this clause. 11. After coordination with AXP, the CO or the FAA Facility Manager or their designee may require contractor employees to submit any other security information deemed reasonably necessary to protect the interests of the FAA. This includes submitting to additional fingerprinting, responding to letters of inquiry, and background reinvestigations required under Federal Investigative Standards. In this event, the contractor must provide, or cause each of its employees to provide, such security information to AXP. Failure to cooperate with security processing will result in an unfavorable suitability determination. 12. The contractor must retrieve a current roster report through VAP on a quarterly basis to ensure the roster is accurate, and immediately correct any discrepancies with the responsible AXP office. The prime contractor is responsible for the accuracy of their subcontractors' rosters as well. 13. Contractor employees subject to the requirements of this clause must take the FAA Security Awareness Virtual Initiative (SAVI) training within 90 days of reporting to work and annually thereafter. This training is available on the FAA's Electronic Learning Management System (eLMS). Contractors without access to eLMS please contact the FAA Facility Manager for a copy of the training. 14. The prime contractor must contact the CO or COR, and AXP within one business -day in the event an employee (who has been cleared for FAA access by AXP) is arrested (i.e., taken into custody by law enforcement for any offenses, other than minor traffic offenses) or is involved in theft of government property or the Contractor becomes aware of any information that may raise a Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 26 Page 344 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA question about the suitability of a contractor or subcontractor employee. 15. Failure to submit information required by this clause within the time required may be determined by the CO a material breach of the contract. 16. If subsequent to the effective date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in direct contract costs or otherwise affect any other term or condition of this contract, the contract will be subject to an equitable adjustment. 17. The contractor agrees to insert terms that conform substantially to the language of this clause, excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access and where the exceptions under FAA Order 1600.1F do not apply. 74. Access to FAA Systems and Government Issued Keys, Personal Identification Verification (PIV) Cards, and Vehicle Decals (09/2021) 6.9.4 It may become necessary for the Government to grant access to FAA systems or issue Government property, to include FAA -issued ID cards, or sensitive unclassified information (SUI), to contractor employees. Prior to or upon completion or termination of the work under the contract, the contractor must return all such Government property and SUI to FAA's Facility Manager or their designee. Improper use, possession or alteration of Government property is subject to penalties under Title 18, USC 499, 506, 701, and 1030. In the event such Government property is lost, stolen, or not returned, the contractor understands and agrees that the Government may, in addition to any other withholding provision of the contract, withhold the value of the asset for each item of Government property not returned. If the Government property, to include FAA -issued ID cards, or SUI is not returned within 30-calendar- days from the date the withholding action was initiated, any amount so withheld is forfeited by the contractor. Regarding FAA Personally Identifiable Information (PII) contained within portable devices that are lost, stolen, or not returned, the contractor must additionally report such a loss, theft, or non -return within one (1) hour to the FAA Security Operations Center (phone (866)-580-1852 (Option 1) or email 9-AWA-SOC@faa.gov). Access to aircraft ramp/hangar areas is authorized only to those persons displaying a flight line identification card and for vehicles, with a current ramp permit issued pursuant to Title 49, Part 1542, Code of Federal Regulations. The Government retains the right to inspect inventory, or audit Government property or sensitive information issued to the contractor in connection with the contract and do so at the convenience of the Government. Any items not accounted for, to the satisfaction of the Government, will be assumed to be lost and the provisions of section (3) of this clause apply. The issuance of Government property, to include SUI, to a Contractor must be approved by FAA's Facility Manager or designee who will require the Contractor's employee to sign a receipt for each item. Lost or stolen Government property or SUI must immediately be reported to the Contracting Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 27 Page 345 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA Officer (CO), Contracting Officer's Representative (COR), or FAA's facility manager or designee (as applicable) and the FAA SOC at the telephone number and email address listed under section (3) above. Each Contract employee, during all times of on -site performance at an FAA facility, must prominently display his/her current and valid FAA PIV card, or other FAA issued ID card, on the front portion of his/her body between the neck and waist. Each FAA ID cardholder must not affix pins, stickers, or other item to the card. Prior to any contractor employee obtaining a FAA ID Card or other government property, in accordance with FAA Order 1600.78 the contractor is required to: Enter data for each employee into the VAP as described in the "Real Estate Contractor Personnel Suitability Requirements" clause. b. The Office of Personnel Security (AXP) will determine whether final suitability can be granted due to: Existence of a previous investigation that meets reciprocity requirements, or: Initiate the contractor applicant into the electronic Questionnaires for Investigations Processing (eQIP) system so that the applicant can complete the investigative forms. Interim suitability cannot be granted until the eQIP form is completed, and fingerprints and signature pages are submitted to AXP. Authorization for the contractor employee to begin work will be an Interim or Final Suitability notification from AXP. To obtain a FAA PIV card, in accordance with FAA Order 1600.78 The contractor employee will be provided instructions by AXP for obtaining an FAA PIV or other ID card upon being granted authorization to begin work. The instructions will include how to submit an identification Card Application (DOT 1681) online at https://idms.faa.gov/1681, accessible only from within an FAA facility. The application must be approved by the CO or COR. The contractor employee will be notified when the identification card application has been approved and is ready for processing by the FAA Identification Card issuer (e.g., Trusted Agent). Off -Boarding. The contractor is responsible for ensuring final off -boarding is accomplished for all departing contractor employees. This includes termination, resignation, retirement, death, change of employment status (i.e., transferring from a contractor to a FAA employee), transfer to another FAA contract, and (with CO approval) extended leave of absence. The Contractor may appoint an off - boarding coordinator to oversee the off -boarding process. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 28 Page 346 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA For each departing employee having access to FAA facilities and/or Information Technology (IT) systems, the Contractor must submit a completely filled out and signed "FAA Contractor Employee Off -Boarding Checklist" (located in FAA Procurement Forms) to the Facility Manager or their designee no later than thirty (30) calendar days after the employee's departure. The Contractor must ensure that the Checklist confirms that all applicable Government property (including FAA -issued ID cards) and sensitive information (including Classified National Security Information (CNSI) has been collected and access to all FAA assets has been terminated. When the Contractor is not collocated or within local driving distance of the responsible AXP office, the Contractor must collect the PIV Card or other FAA issued ID card, and any other tokens and provide to the CO or COR within one (1) business day of receiving the card/tokens from the departing employee. In event that the Contractor employee departs without completing the Checklist, the Contractor is responsible for completing and submitting the Checklist on the employee's behalf. If the departing Contractor employee served as the Property Custodian for the FAA contract, the Contractor must designate a new Property Custodian and ensure accountability of all property under the contract, or within fourteen calendar days with the CO's approval, provide to the CO the results of the associated inventory/property accountability. The designated VAP POC must submit a VAP removal record for the departing employee within twenty-four (24) hours. The Contractor must also comply with any local Employee Off -Boarding Checklists in use at FAA Facilities. All contractors and subcontractor employees with access to FAA systems must have a FAA -issued PIV card and must use the PIV card to authenticate to the FAA system. Approved contactor equipment or software in accordance with clause 3.14-13 "Use of Contractor Equipment or Software - Permitted" that connects to FAA systems must be configured to accept and use FAA -issued PIV cards. The contractor must provide the appropriate equipment for the PIV card, while the FAA will furnish and configure the PIV software. The contractor must insert this clause in all subcontracts under the contract. 75. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (04/2022) 6.9.5 (a) Definitions. As used in this clause-- Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People's Republic of China. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 29 Page 347 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA Covered telecommunications equipment or services means— (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means— (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled— (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening. (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third -party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 30 Page 348 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.6.4 A.17.e. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.6.4A.17.e. This prohibition applies to an entity that uses covered telecommunications equipment or services, including use not in support of the Government. (c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor must report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information. For indefinite delivery contracts, the Contractor must report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order. (2) The Contractor must report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 31 Page 349 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor must describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. 76. Covered Telecommunications Equipment or Services- Representations (09/2021) 6.9.5-1 (a) Definitions. As used in this provision, "covered telecommunications equipment or services" has the meaning per the "Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment" clause in this contract. (b) Procedures. The offeror must review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for covered telecommunications equipment or services. (c) Representations. 1. The offeror represents that it does, does not provide covered telecommunications equipment or services as part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 2. After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it does, does not use covered telecommunications equipment or services, or any equipment, system, or service that uses telecommunications equipment or services. 77. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (09/2021) 6.9.5-2 NOTE: The offeror must not complete the representation at paragraph (d)(1) in this provision if the offeror has represented that it does not provide covered telecommunications equipment or services as part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument in the provision "Covered Telecommunications Equipment or Services — Representation" (c)(1). Additionally, The offeror must not complete the representation at paragraph (d)(2) in this provision if the offeror has represented that it does not use covered telecommunications equipment or services, or any equipment, system, or service that uses telecommunications equipment or services in the provision "Covered Telecommunications Equipment or Services — Representation" (c)(2). PROVISION/CLAUSE: (a) Definitions. As used in this provision-- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 32 Page 350 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA meanings provided in the clause AMS clause 6.9.5, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibitions. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in this prohibition will be construed to— (i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from entering into a contract or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential part of any system or as critical technology as part of any system. This prohibition applies to any entity that uses covered telecommunications equipment or services, including uses not in support of the Government. Nothing in this prohibition will be construed to- (i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures: The offeror must review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from Federal awards for covered telecommunications equipment or services. (d) Representations. (1) The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. (2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents that that it [ ]does, [ ]does not USE covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror must provide the additional disclosure information required at paragraph (e) if the Offeror indicates "does". Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 33 Page 351 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA (e) Disclosures. Disclosure for the representation in paragraph (d) (1) of this provision - If the Offeror has responded "will" in the representation in paragraph (d) (1) of this provision, the Offeror must provide the following information as part of the offer— (1) For covered equipment (i) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known; (ii) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (iii) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) (1) of this provision; (2) For covered services- (i) If the service is related to item maintenance, a description of all covered telecommunications services offered (include on the item being maintained: brand, model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable; or (ii) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed uses of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. Disclosure for representation in paragraph (d) (2) of this provision. If the Offeror has responded "does" to paragraph (d)(2) of this provision, the offeror must provide the following information as part of the offer— (3) For covered equipment (i)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known; (ii) A description of all covered telecommunications equipment offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); and (iii) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) (2) of this provision. (4) For covered services- (i) If the service is related to item maintenance, a description of all covered telecommunications services offered (include on the item being maintained: brand, model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (ii) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed uses of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 34 Page 352 of 469 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA 78. Notices (09/2021) 6.10.1 All notices/correspondence must be in writing, reference the Contract number, and be addressed as follows: TO THE CONTRACTOR: City of Waterloo, IA 2790 Livingston Lane Waterloo, IA 50701 TO THE GOVERNMENT: Federal Aviation Administration Real Estate & Utilities Group, AAQ 920 10101 Hillwood Parkway Fort Worth, Texas 76177 79. Signature Block (09/2021) 6.10.3 This Contract shall become binding when it is fully executed by both parties. In witness whereof, the parties hereto have subscribed their names as of the date shown below. CITY OF WATERLOO, IOWA By: Print Name: Quentin M. Hart Title: Mayor, City of Waterloo, IA Date: UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: Print Name: Patti Lorensen Title: Real Estate Contracting Officer Date: ATTACHMENTS/EXHIBITS: Number Title Date Number of Pages 1 EXHIBIT A Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 35 Page 353 of 469 Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA 36 Page 354 of 469 EXHIBIT A EACH OF THESE OFFICES 15152SF • ORice Space • - Storage Space ' • Supply/Parts Space • - Loading Dock/Area n3�aP Sri.^ Attachment A Basement Federal Aviation Administration Standard Space Lease, 01/2023 OMB CONTROL NO. 2120-0595 lrlx MCA FAA CONTRACT NO: 697DCM-23-L-00041 ATID/FACILITY TYPE: ALO/SSC LOCATION: WATERLOO, IA 37 Page 355 of 469 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Keith Kaspari, Director of Aviation Airport Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Aviation Security Consulting, Inc., of Castle Pines, Colorado, in the amount of $68,006.00, in conjunction with re -writing the Airport Security Program, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve the above request by Airport Staff. SUMMARY STATEMENT AND BACKGROUND INFORMATION The agreement is to assist the Airport Director in the re -writing of the TSA-Approved Airport Security Program (ASP), which includes Task Items Nos: 3 & 4 for Credentialing Services and Other Key Programs, as ALO works to complete the transition from a Category 4 Airport and a Supporting Program; to a Category 3 Airport and a Full Program, thereby allowing the Waterloo Regional Airport to be in an improved position to accommodate larger Regional Jet Aircraft for future scheduled service from our current or a future tenant airline. NEIGHBORHOOD IMPACT N/A - Not Applicable for this request by Staff. DATA, ANALYSIS, AND STRATEGIES N/A IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Staff is working to complete the rewrite by the time we get into the USDOT bidding cycle (season), as 2024 is the bid year the USDOT will put ALO's scheduled service out to bid to the - at -large airline community. COMMUNITY ENGAGEMENT METHODS Staff will be working with Lori Beckman and her Staff at ASC, Inc. to accomplish the rewrite of the ASP in addition to the completion of other key training and work to get Airport Staff where we need to be to be able to accomplish a number of TSA requirements to transition the airport to a CAT -III Full Program. SOURCE OF EXPENDITURES The above cost of $68,006.00 will be derived from the Airport's Operations and Maintenance budget. Page 356 of 469 ALTERNATIVE ACTION No alternatives were / have been selected for this request by Airport Staff. LEGAL DESCRIPTION N/A ATTACHMENTS None Page 357 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Main Street Waterloo, in the amount of $60,000.00, for Fiscal Year 2024, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Main Street Waterloo has been funded by the City of Waterloo in recent years through a professional services agreement. The proposed agreement for Fiscal Year 2024 is effectively the same as the agreement approved last year. NEIGHBORHOOD IMPACT When the Main Street Program was started in the City of Waterloo, there was a Self Supported Municipal Improvement District (SSMID) which paid for Main Street's annual contract. The SSMID was discontinued a number of years back. To keep the Main Street Program going in Downtown Waterloo, the City of Waterloo started to pay an annual amount of $40,000 for the program under a services contract. In past years Main Street had also requested and were approved for an additional $10,000 that was paid out of Hotel/Motel Tax discretionary fund. The last three years it was requested and approved to fund the program at $60,000, and the reference to an additional payment of $10,000 from Hotel/Motel Tax discretionary fund was removed from the agreement. Although Main Street Waterloo would still potentially be eligible to apply for grants under the Hotel/Motel Tax discretionary fund. This year the agreement is proposed to be the same to last year, funding the program again at $60,000. The only changes were to the dates and the address for Main Street. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Downtown TIF and bond funds. Page 358 of 469 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. MSW Signed Agreement Page 359 of 469 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this JI4 day of J u h e , 2023, by and between Main Street Waterloo, whose address for the purposes of this agreement shall be 512 Mulberry Street, Waterloo, Iowa 50703 (referred to as the "Client"), and the City of Waterloo (referred to as the "City"). WHEREAS, City desires to engage the services of Client to furnish technical and professional assistance in connection with the redevelopment of downtown Waterloo and including, but not limited to, implementing the "Downtown Urban Renewal Plan"; and the Client has indicated its willingness to provide such technical and professional services to the City. NOW, THEREFORE, the parties mutually agree as follows: A. Scope of Client Services The Client agrees to perform in a good professional manner the "services outlined in Attachment "A"; a copy of which is attached and made a part of this Agreement. B. Materials to be Provided by the City In the event that any information, data, reports, records and maps exist, are available to the City, and may be useful for Client's carrying out the services of the Agreement, these materials shall be promptly furnished to the Client without its cost or expense. C. Meetings and Reports Upon reasonable notice, the client agrees to attend a reasonable number of meetings with the City of Waterloo, and staff during the life of the Agreement. In addition, the Client will produce reports, studies and memorandums in connection with carrying out the services outlined in the Agreement with the City. D. Subcontractors Client may elect to use subcontractors to perform certain portions of the services. Client shall remain responsible for all services. E. Changes Any changes in this Agreement, including Scope of client Services and any modification of the amount of compensation, shall be first mutually agreed upon by City and Client and incorporated into a written amendment. Page 360 of 469 Page Two Professional Services Agreement F. Compensation and Payment Method For services to be rendered under this Agreement, the City shall pay Client's fee of $60,000 during the City's Fiscal year 2024, which commences July 1, 2023 and runs through June 30,2024. Payments shall be made on or by July 31 in the amount of $30,000 and by Jan 31 in the amount of $30,000 of the respective year(s) in which said payment is due upon presentation of an invoice by client. G. Time of Performance and Delays beyond Client's Control The services of the Client shall begin upon receipt of an executed copy of this Agreement, and shall, except for causes beyond Client's control, be completed in a timely manner. The completion of services by client shall be contingent, among other things, upon the timely receipt from the City, data and reports described in Paragraph B above. Further, the Client shall not be in default by reason of any failure in terms, if such failure arises out of reasonable causes beyond the control and without the fault or, negligence of the Client. Such causes may include, but are not limited to, acts of government in its sovereign capacity, fires, floods, epidemics, strikes and unusually severe weather. This agreement shall begin upon receipt of an executed copy of this Agreement, and shall terminate June 30, 2024. H. Non-discrimination Client agrees not to discriminate by reason of age, race, religion, color, sex, natural origin, or handicap unrelated to the duties of a position of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. Extra Work If requested and authorized in writing by the City and approved by Client, Client will be available to furnish or obtain from others extra work and be compensated for said work beyond the lump sum amount fixed in Paragraph F above. Extra work can be work of the following type: 1. Extra Work, including, but not limited to changes in size, complexity, or character of the work items. Page 361 of 469 Page Three Professional Services Agreement 2. Additional or extended services including study administration due to: a) the prolongation of the Agreement time through no fault of Client b) the acceleration of work schedule involving services beyond normal working hours; or c) nondelivery of any materials, data or other information to be furnished by the City or others not within the control of Client 3. Other additional services requested and authorized by the City which are not otherwise provided for under this Agreement. The fee for any extra work shall be mutually determined by the City and the client and incorporated in written signed amendment to the Agreement, approved by Main Street Waterloo and the Waterloo City Council. J. Notices All notices, communication and/or demands given pursuant hereto shall be in writing and shall be deemed sufficient if sent by certified mail, return receipt requested, addressed as set forth in the first paragraph hereto. The date of mailing shall be deemed the date of service. Either party may change the address for notice by the aforesaid procedure. K. Entire Agreement This agreement and the matter expressly referred to herein constitute the entire Agreement between the parties. No representations, warranties, undertakings or promises have been made by either, party hereto unless expressly stated herein. All amendments hereto, if any, shall be in writing and executed by the parties. Page 362 of 469 Page Four Professional Services Agreement IN WITNESS WHEREOF, Client and City have executed and delivered this Agreement all on the date first above written. CLIENT CITY MAIN STREET WATERLOO CITY OF WATERLOO By: ?V A President (/� C mOfCi-r)Ci ,i e e-r- Witness: \ic Date: / ► /2bz3 By: Quentin Hart, Mayor Witness: Date: Page 363 of 469 ATTACHMENT "A" Scope of Client Services A. Implement the Main Street Waterloo Program using the Four Point approach. B. Participate in events in the Downtown area. Attend quarterly meetings with Planning Staff and provide an annual report of those events to the City Council including attendance and the economic impact of those events to the City. C. Make regular business contacts during the period of this contract with a goal of 100 or more meetings. These contacts may include property owners, developers, or business owners etc. Provide a report of these contacts on the quarterly report to the City. D. Work with the City on downtown development projects during this contract period. This may include rehabilitation, new construction, or major facade improvements etc. (sign replacements are excluded). Provide a report of these projects on the quarterly report to the City. E. Track the capital investment made in the downtown each year. Provide a calculation on the increased taxable value and the number of new businesses and employees added or lost each year. Provide a report of this information on the quarterly report to the City. F. Devise and implement a retail and commercial marketing program in conjunction with existing and proposed downtown property owners and developers. Provide an annual report of this activity to the City. G. Coordinate the efforts of numerous Government agencies and Government programs downtown. Provide an annual report of this activity to the City. H. Develop a program of economic development including the conversion of upper floors for housing and offices. Provide an annual report of this activity to the City. I. Advise and assist with the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan. Provide an annual report of this activity to the City. Advise, assist, and implement if appropriate, project coordination, information gathering, and sharing of information for emergency funding revenue, programs, etc., associated with State IEDA, Federal disaster funds, or similar funding sources. Page 364 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution approving a Memorandum of Understanding with INRCOG for the writing, preparation, and submittal to the I DOT's RISE grant program, for the extensions of Fisher and Hurst Drives, in an amount not to exceed $2,000.00, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION RISE helps fund road infrastructure, including storm sewer to serve new project areas. This application will be for the extension of Hurst and Fisher Drives to assist with the expansion of a statewide business to improve their Waterloo operations. NEIGHBORHOOD IMPACT This will have a positive impact because this will be part of completing the entire street system on the land south of West San Marnan Drive between Ansborough and Kimball Avenues, opening up new lots for development. The City has successfully applied for numerous RISE grants, some of which include, East Shaulis Road improvements near the Lost Island Theme Park, Newell Street, which led to a new 170,000 square foot warehouse Con-Trol, Warp Drive and Hyper Drive, which California Pellet Mills still under construction of a 172,000 square foot office/warehouse. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Bonds. Cost not to exceed $2,000.00 Page 365 of 469 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. MOU Agreement with INRCOG Page 366 of 469 GRANT APPLICATION MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is between the City of Waterloo, Iowa and the Iowa Northland Regional Council of Governments hereinafter referred to as INRCOG. Whereas, the City of Waterloo wishes to engage INRCOG's grant writing services for the following project: Type of Grant: Revitalize Iowa's Sound Economy (RISE) Charge for Application: $2,000 IN WITNESS WHEREOF, INRCOG and the City of Waterloo, Iowa have executed this memorandum of understanding as of this day of , 2023. Iowa Northland Regional City of Waterloo Council of Governments Brian Schoon, Executive Director Attest: ( - Director of Transportat n Mayor Page 367 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution approving a Development Agreement with Freedom Truck and Trailer Wash, LLC and Deer Creek Development for the construction of a 4,600 square foot automated truck and trailer wash, with a minimum assessed value of $2,200,000.00, located at the southeast corner of Greyhound Drive and Cyclone Drive, including Minimum Assessment and Development Agreements with a rebate of 85 percent for years one through two, 80 percent for years three through seven, 75 percent for years eight through ten and 50 percent for years eleven through twelve, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith is a request to enter into a development agreement with Freedom Truck and Trailer Wash, LLC and Deer Creek Development for the construction of a 4,600 square foot automated truck and trailer with a minimum assessed value of $2,200,000.00 , located at the southeast corner of Greyhound Drive and Cyclone Drive including Minimum Assessment and Development Agreements with a rebate of 85 percent for years one through two, 80 percent for years three through seven, 75 percent for years eight through ten and 50 percent for years eleven through twelve, and authorizing the Mayor and City Clerk to execute said documents. The company will be leasing the land from Deer Creek development for a term exceeding 15 years. The truck wash will serve truck traffic from the area and will limited to automated washes and no livestock trucks can utilize the wash. Deer Creek Development is part of the agreement because they are leasing land to the development and their limited purposes are stated in the development agreement. NEIGHBORHOOD IMPACT This will be more development to the already growing area at the interchange of Highways 20 and 63. DATA, ANALYSIS, AND STRATEGIES Page 368 of 469 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 6 and 7, except the South 62 feet thereof, Greenbelt Centre Plat No. 8, City of Waterloo, Iowa ATTACHMENTS 1 Development Agreement 2. Aerial Map 3. Site Plan 4. Building Drawings Page 369 of 469 Prepares Christopher S. Wendland, P.O. Box 596, Waterloo, lowa 50704 (3191234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2022, by and between Freedom Truck and Trailer Wash LLC (the "Company") and the City of Waterloo, Iowa, ("City"). Deer Creek Development, LLC (the "Owner") also executes this Agreement for the limited purposes stated herein. RECITALS A. In furtherance of the objectives of Iowa Code Chapter 403 (the "Urban Renewal Act"), the City is engaged in carrying out urban renewal project activities in an area known as the Martin Road Development Plan Area (the "Urban Renewal Area"). B. Company is willing and able to finance and undertake construction of a building 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 require- ments 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 is leasing from Owner, or will lease from Owner, for a term exceeding fifteen (15) years, certain real property located on Cyclone Drive, described on Exhibit "A" attached hereto (the "Property"). Company will undertake the Project (defined below) upon the Property. Page 370 of 469 2. Improvements by Company. Company shall construct a building consisting of approximately 4,600 square feet, containing an automated truck wash facility, and related landscaping, storm water detention, paving, signage and parking improvements (collectively, the "Improvements") in accordance with the Plans as provided in Section 4. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Project Property, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Attached hereto as Exhibit "B" and Exhibit "C" are a site plan and building plan. City may require that Company submit other specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Project Property, the Improvements, and all site preparation and development - related work to make any of the Project 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 the 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 Plan") 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 2 Page 371 of 469 written notification of the rejection, accomplished by a written statement of the City 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 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 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 six (6) months after the date of this Agreement (the "Start Date") and Substantially Complete construction within fourteen (14) months thereafter (the "Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed pursuant to the Plans or Modified Plans to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City also has verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. B. Events triggering termination. If 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 18, 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 372 of 469 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, at its own cost, for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Minimum Assessment Agreement. Company and Owner acknowledge and agree that either or both of them, as agreed between Company and Owner, 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 and Owner each further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "D" 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 $2,200,000.00 (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 and Owner each 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 Year Three through Year Seven Year Eight through Year Ten Year Eleven and Year Twelve 85% rebate each year 80% rebate each year 75% rebate each year 50% rebate each year for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company and/or Owner 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 4 Page 373 of 469 form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $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. 5 Page 374 of 469 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 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 and/or amendment of the urban renewal plan, including the holding of public hearings on the same. Further, all the obligations 6 Page 375 of 469 of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by 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 and Owner. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as set forth in paragraphs A through H below, and Owner agrees as set forth in paragraphs G and H below: 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 termination of the MAA, 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. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site 7 Page 376 of 469 improvements, will equal or exceed the assessor's minimum actual value for the Property and improvements as set forth in the MAA. E. Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. Company will comply with all applicable land development laws, 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. G. During the period until termination of the MAA, Company and Owner each agrees that 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. As agreed separately between them, Company and/or Owner shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company and Owner each 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 Owner, 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 377 of 469 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 or lease and to 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 bylaws 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. Representations and Warranties of Owner. Owner hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. 9 Page 378 of 469 B. It has all requisite power and authority to own and operate its properties, to lease the Property to Company, 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 Owner 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 Owner 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 Owner or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Owner 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 Owner 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 Owner or which in any manner raises any questions affecting the validity of the Agreement or Owner's ability to perform its obligations under this Agreement. 14. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for, and Company shall indemnify, defend and hold such parties harmless against, 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 gross 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 10 Page 379 of 469 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 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). C. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. 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 or Owner of any interest (either directly or indirectly) in this Agreement without the prior written consent of City; C. Failure by Company or Owner to pay, before delinquency, all ad valorem property taxes levied on or against 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 or the MAA; 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 the Property. F. Any representation or warranty made by Company or Owner in this Agreement, or made by Company or Owner in any written statement or certificate furnished by such party pursuant to this Agreement, shall prove to have been 11 Page 380 of 469 incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 16. Remedies. A. Default by Company or Owner. Whenever any Event of Default in respect of Company or Owner occurs and is continuing, the City may suspend its performance under this Agreement until it receives assurances from Company or Owner, as applicable, deemed adequate by City, that the party alleged to be in default will cure its default and continue its performance under this Agreement. Before exercising such remedy, City shall give 30 days' written notice to the defaulting party of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company or Owner, as applicable, shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Further, after suspension of performance in the manner set forth above, City may terminate this Agreement and exercise any and all remedies available at law, equity, contract or otherwise. 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. 17. 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, City hereby agrees to timely undertake and complete all such procedures, hearings and approvals so that the benefits that City promises to Company hereunder as an inducement for Company to undertake and complete the Project as set forth in this Agreement will not be lost. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180- 12 Page 381 of 469 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. To the extent permitted by applicable law, City agrees to indemnify Company and hold it harmless from and against any claims, damages, costs, expenses or loss of value suffered by Company and arising from such revocation or repayment. 18. Materiality of Promises, Covenants, Representations, and Warranties of Company and Owner. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company or Owner 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 and Owner each 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; Assignment. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. Notwithstanding anything in this Agreement to the contrary, Company may assign this Agreement or its right to receive Rebates to any third party as security for Project financing or for repayment of Project financing. 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. 13 Page 382 of 469 (b) if to Company, at 3300 290th Street, Fredericksburg, Iowa 50630, Attn: Brent Johnson, Managing Member. (c) if to Owner, at 643 E. Griffith Road, Waterloo, Iowa 50701, Attn: Harold Youngblut. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (il) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section, 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 any party hereto and any other party hereto, nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have 14 Page 383 of 469 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, including counterparts signed electronically or signed counterparts transmitted by electronic means, 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 FREEDOM TRUCK AND TRAILER WASH LLC By: By: Quentin Hart, Mayor Brent Johnson Managing Member Attest: Kelley Felchle, City Clerk DEER CREEK DEVELOPMENT, L.L.C. By: .l`I ( k.. Harold Youanager 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 15 Page 384 of 469 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. Brent Johnson 16 Carolynson Page 385 of 469 EXHIBIT "A" Legal Description of Property Lots 6 and 7, except the South 62 feet thereof, Greenbelt Centre Plat No. 8, City of Waterloo, Iowa. Page 386 of 469 EXHIBIT "B" Site Plan See attached. Page 387 of 469 GREYHOUND DRIVE —cIns —c.'.v fx5 ' —1M ^I TRUCK WASH - CONCEPT 7 GREYHOUND DRIVE, T N O 2 WATERLOO, IOWA N N W Page 388 of 469 EXHIBIT "C" Building Plan See attached. Page 389 of 469 ?MOI 'OOP101.8A y anuU punoyRaJQ yseM ){onai punogl(aie Page 390 of 469 ueld JOOU LMoj 'QOpa}BM enpa punoyAalo gsem )jonal punowtaJO cq Page 39 of 469 suo4enag Jopaixj Boo' 'oopalem °Alia punagAaJ9 Lisem Nom" punowcale 'I] i!1 \-L-7 Page 39 of 469 CITY OF WATERLOO, IOWA FREEDOM TRUCK AND TRAILER WASH LLC By: By: Quentin Hart, Mayor By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Brent Johnso Managing Member DEER CREEK DEVELOPMENT, L.L.C. 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. Notary Public 4 Page 393 of 469 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on-�c1,-„!a , 2023 by Brent Johnson as Managing Member of Freedom Truck and Trailer Wish L C. STATE OF IOWA w_40 Notary Public ) ss, COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 11��i Youngblut as Manager of Deer Creek Development, L.L.C. DAWN K. YOUNG Commission Number 164534 My Commission Bpires My6,2U otary Public 5 6,21,1'i , 2023 by Harold Page 394 of 469 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 Two Million Two Hundred Thousand and 00/100 Dollars ($2,200,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2023 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 395 of 469 EXHIBIT "D" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2023, by and among the CITY OF WATERLOO, IOWA (°City"), FREEDOM TRUCK AND TRAILER WASH LLC ("Company"), DEER CREEK DEVELOPMENT, L.L.C. ("Owner") and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City, Company and Owner 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 Martin Road 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, Company and Owner 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 Tess than $2,200,000.00 (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 Page 396 of 469 to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2049. 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 or Owner shall pay, or cause to be paid, as separately agreed between them, 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 Toss, 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 and Owner each 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 their absolute and unconditional obligations (not limited to the statutory remedies for unpaid taxes) and that Company and Owner 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 rights of Company or Owner 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 or Owner 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 and Owner each 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 2 Page 397 of 469 (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 (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 398 of 469 Citij of Waterloo, Iowa Pei CIE" 399 of 469 0 z 0 W ›- CC 0' 30' 12W 12W 12W 12W 12 12W 12W 12W <SAN SAN < SAN SAN — 4 140' 135.88' 60' 1 2W I LYY ILIA! SAN AN SAN SAN - 8 9 J 0 U) CYCLONE DRIVE GREYHOUND DRIVE CYCLONE DRIVE 1 of 1 1/5/2023 REV.2 Page 400 of 469 130' - 0" ion 16'x16J1 10'-0" 0 U CLEAR OFFICE 102 L — — — J TOILET 103 _ [ l� CLEAR MECH. 101 MOP SINK 0 TRUCK WASH 100 5,009 SF +0'-0" AUTOMATIC WASH BAY 1 16'x16' 0 ELECTRICAL PANELS -00 +0,_0„ DN2 0 ce 0 CONCRETE STEPS, AS REQ'D 18'x9' TRAILER WASH OUT 104 4 +4'-2" 70'-01/2" 0 36' - 6" 5 1/2" 22' - 0" 59' - 11 1 /2" MAIN fLOOR SCALE: 1/8" = 1'-0" ARCI-IIT[CTUR[ P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com © Copyright 2023 Drawings & specifications, ideas, designs, & arrangements represented are & shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. v / co U —a >\ /_ co Q O 0 > O CD 5, 0 A2.0 Date: April 27, 2023 Page 401 or479 OVERHANG, TYP. BUILDING OUTLINE, TYP. MTL. ROOF, TYP. PREFIN. SHT. MTL. GUTTER & DOWNSPOUTS, TYP. Z x wa 0 62' - 0" MTL. ROOF, TYP. 65' - 8" BUILDING OUTLINE, TYP. dr / 1 1 rL-- 1 I I I I I ----------------------- � ROOF SLOPE I I -------------------- 4/12 I ROOF SLOPE -- - - -- - - - - - -- L-----------Ill----1 I I I I I I I I I I Y I I I N v N v ROOF SLOPE I I I I I I I ,_ a 3' - 0„ j 65' - 0 1 /2" 2 0, v-/ "I I I I o = PRE IN. SHT. MTL. TER & DOWNSPOUTS, TTYP. CC w >O 1,_0„ \ L— -1 ROOF5 it. I I I I OVERHANG, TYP. /BUILDING OUTLINE, TYP. 2'-0" L / 55'-111/2" 2-0" 000nni cur nnri r_i 1rroo & DOWNSPOUTS, TYP. ROOF PLAN SCALE: 1/8" = 1'-0" 1'-0" OVERHANG, TYP. {vi ARCI-IIT[CTUR[ P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com © Copyright Drawings & specifications, ideas, designs, & arrangements represented are & shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. U W /) _ co = 0 O2 = O co ›N O a) >' 0r6 Oo � A2.2 Date: April 27, 2023 Page 402 of 479 MTL. ROOF, TYP. MTL. H.M. SOUTU [L[VATION 12 41- 16'x16' O H DOOR W[il [L[VATION 8'x9' O.H. DOOR 3'-0"x4'-0" H.M. INSUL. GALV. WINDOW H.M. DOOR, TYP. SCALE: 1/8" = 1'-0" DOCK SEAL LOADING DOCK EQUIPMENT DOCK BUMPERS 12 41- 8'x9' O.H. DOOR 4 [AST [LEVATION 1 16'x16' O.H. DOOR MTL. ROOF, TYP. T.O. WALL olk 20' - 0" PREFIN. SHT. MTL. GUTTER & DOWNSPOUT, TYP. RIBBED MTL. SIDING, TYP. CORNER TRIM, TYP. MAIN FLOOR ilk 0'-0" MTL. ROOF, TYP. T.O. WALL AL 20'-0" PREFIN. SHT. MTL. GUTTER & DOWNSPOUT, TYP. CORNER TRIM, TYP. RIBBED MTL. SIDING, TYP. SCALE: 1/8" = 1'-0" SCALE: 1/8" = 1'-0" MAIN FLOOR oiL 0'-0" MTL. ROOF, TYP. T.O. WALL 20' - 0" PREFIN. SHT. MTL. GUTTER & DOWNSPOUT, TYP. RIBBED MTL. SIDING, TYP. CORNER TRIM, TYP. MAIN FLOOR IL 0' - 0" MTL. ROOF, TYP. ROOF, TYP. 1 ISUL. GALV. DOOR, TYP. — 1 Id '''''\- PREFIN. SH1 MTL. GUTTE DOW NSPOL RIBBED MTL SIDING, TYP CORNER TR TYP. INSUL. GALS H.M. DOOR, ME \ i / i \o a aa a NORTH [LEVATION T.O. WALL 20'-0" R& T, TYP. M, TYP. IN FLOOR AL 0'-0" ARCI-IIT[CTUR[ P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com © Copyright 2023 Drawings & specifications, ideas, designs, & arrangements represented are & shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. v / co U —0 W /_ co 0 sO O 0 > O CD 5, 0 0 co W 0 X W A3.O Date: April 27, 2023 SCALE: 1/8" = 1'-0" Page 403 o 479 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution approving an amendment to the Professional Services Agreement with HR Green originally approved on February 27, 2023, for an additional $8,900.00, for a total contract price of $36,550.00, to complete additional testing at Gates Park, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The agreement would allow for soil samples to be taken at Gates Park, located near the former Chamberlin Manufacturing site. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Bonds and TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Page 404 of 469 ATTACHMENTS 1. HR Green Gates Testing Amendment 2. HR Green Pro Services agreement Page 405 of 469 HRGreen© HR GREEN, INC. PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 01 THIS AMENDMENT, made this 31 day of May, 2023 by and between, City of Waterloo, the CLIENT, and HR GREEN, INC. (hereafter "COMPANY"), for professional services concerning: Chamberlain Redevelopment — Gates Park Soil Testing hereby amends the original Professional Services Agreement dated February 27, 2023 as follows: The CLIENT and COMPANY agree to amend the Scope of Services of the original Professional Services Agreement and previous amendments as follows: Additional scope includes Work Plan coordination, coordination with Duchossois CMC Inc. and their counsel as directed by the City, laboratory analysis of nine samples for PCB samples, nine organochlorine pesticide samples, and 36 total extractable hydrocarbon samples, and drilling mobilization for single project. COMPANY Project Number: 2302063 The CLIENT and COMPANY agree to amend other provisions of the original Professional Services Agreement and previous amendments as follows: None. In consideration for these services, the CLIENT AGREES to adjust the payment for services performed by COMPANY on the following basis: Per current rate schedule with an estimated fee to be increased by eight thousand nine -hundred Dollars ($ 8,900) The total authorized compensation after this Amendment, including the original Professional Services Agreement and all previous Amendments, is thirty-six thousand five hundred fifty Dollars ($ 36,550) THIS AMENDMENT is subject to all provisions of the original Professional Services Agreement. THIS AMENDMENT, together with the original Professional Services Agreement and all previous amendments represents the entire and integrated AGREEMENT between the CLIENT and COMPANY. THIS AMENDMENT executed the day and year written above. CITY OF WATERLOO HR GREEN, INC. By: Quentin Hart, Mayor By: Teresa Stadelman, Vice President Version2.0 12172018 Page 406 of 469 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 407 of 469 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 408 of 469 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 409 of 469 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 410 of 469 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 411 of 469 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 412 of 469 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 413 of 469 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 414 of 469 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 415 of 469 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 416 of 469 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 417 of 469 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 4 1 0 0i 40y CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Paul Huting, Leisure Services Director Leisure Services Department MEETING DATE June 20, 2023 AGENDA ITEM TITLE Resolution approving Golf Course Pro Shop Agreement with ML Golf Inc. and authorizing Mayor and City Clerk to execute said agreement. RECOMMENDED COUNCIL ACTION Approve new eight year agreement that will run from January 1, 2024 until December 31, 2031. SUMMARY STATEMENT AND BACKGROUND INFORMATION The Leisure Services Commission is recommending that the City enter into a new eight -year contract with ML Golf Inc. to operate all three City of Waterloo golf course pro shops. This contract as proposed will increase revenue for the City of Waterloo. The following are the primary changes to the contract: • Eight year contract running from January 1, 2024 to December 31, 2031. • Increase in contractual fees paid to the City (previously $66,000 in 2023): o $67,320 in 2024 o $68,670 in 2025 o $70,050 in 2026 o $71,450 in 2027 o $72,880 in 2028 o $74,340 in 2029 o $75,830 in 2030 o $77,350 in 2031 • City to include Fall Special and Winter Rates in the incentive program priced at $.50 per round over the four year average and increase Monday -Tuesday -Wednesday Special by $.25 so that it will also be paid at $.50 per round over the four year average. • Golf Professionals to cooperate with the City to install their point of sale operating system on City Computers as needed to expedite and facilitate reporting of sales and related accountings. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Page 419 of 469 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Golf Pro Contract- all courses 2024-2031 Page 420 of 469 GOLF COURSE PRO SHOP AGREEMENT This Golf Course Pro Shop Agreement (the "Agreement") is made and entered into as of , 2023 by and between the City of Waterloo, Iowa ("City") and ML Golf, Inc. ("Golf Pro"). In consideration of the mutual promises exchanged herein, City and Golf Pro agree as set forth below. 1. DEFINITIONS. Whenever used in this Agreement, these terms shall be defined as follows: Commission: Waterloo Leisure Services Commission Director: Waterloo Leisure Services Director Golf Courses: Gates Park Golf Course, Iry Warren Memorial Golf Course, and South Hills Golf Course Golf Season: Opening day through official closing as determined each calendar year by the Commission Pro Shops: The pro shop at each of the Golf Courses 2. TERM OF AGREEMENT. This term of this Agreement shall commence on January 1, 2024, and continue until and including December 31, 2031, unless sooner terminated pursuant to this Agreement. 3. INDEPENDENT CONTRACTOR STATUS. The parties hereby acknowledge and agree that Golf Pro is an independent contractor and is not an employee, agent, partner, or joint venturer of City. Golf Pro has no power or authority to enter into contracts or agreements on behalf of City. City has in this Agreement determined the work to be done by Golf Pro, but Golf Pro shall determine the legal means by which it performs the work specified. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments it may make to Golf Pro under this Agreement. Neither Golf Pro nor any of its employees shall be entitled to receive any benefits that employees of City are entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Golf Pro shall be solely responsible for compensating its employees. 4. ALTERNATE USE OF GOLF COURSE. City, acting through the Director, retains the right to designate any Golf Course for uses other than golf in order to maximize benefits to the public and provide community -wide service. With that in mind, the Director shall, with a minimum of fourteen (14) calendar days' notice to Golf Pro, designate any event to occur on a Golf Course that the Director deems necessary or proper for the public benefit or as a community -wide service. 5. PAYMENT BY GOLF PRO. In addition to other payments as set forth in the Agreement, Golf Pro shall pay City an annual sum as set forth below for each year during the term hereof: 2024 $67,320 2025 $68,670 2026 $70,050 2027 $71,450 2028 $72,880 Page 421 of 469 2029 $74,340 2030 $75,830 2031 $77,350 Golf Pro may make said payment in installments no more than twelve (12) times per year, and in any event payment in full for a given calendar year shall be made on or before December 31 of that year. 6. CONCESSIONS AND SERVICES. A. Golf Pro shall be responsible for providing the general public with Concessions at the Golf Courses during the Golf Season. "Concessions" shall include but not be limited to food, beverages, riding cart rentals, services, and merchandise. B. Golf Pro shall retain all income from sale of Concessions and golfing lessons and from the rental of lockers. C. Golf Pro must demonstrate and possess the ability and financial solvency to operate the Pro Shops and to fulfill all duties of Golf Pro as set forth in this Agreement. Toward this end, Golf Pro shall annually (on or before July 1 of each year) deliver the following documents or information to City: 1. A verified or certified financial statement that shows Golf Pro is not insolvent and has the ability to pay all debts as they come due. 2. In lieu of the statement required by paragraph 1, a written statement from Golf Pro's primary lender setting forth the existence and amount of any line of credit that Golf Pro has with such lender and verifying that Golf Pro is current on making all payments to the lender pursuant to such line of credit and other borrowing arrangements between them. City may, at any time and from time to time, review Golf Pro's financial records as they relate to Golf Pro's operations relating to the Golf Courses. Such review shall be at City's sole expense. Golf Pro shall fully cooperate in such review. 7. COLLECTION OF GOLF FEES. City shall retain all revenue from green fees and the sale of season tickets, except as otherwise provided in this Agreement. Golf Pro shall collect daily green fees, season ticket fees, and miscellaneous revenue as required by the Director. Golf Pro shall follow all procedures set by the Director or the Director's designee for the collection and remittal of fees and for recordkeeping. 8. INCENTIVE PAYMENTS. City agrees to make to Golf Pro the incentive payments provided for in this Section 8. For purposes of this Section, the "Four -Year Average" is the average of the number of regular 9-hole, regular 18-hole, or Monday/Tuesday/Wednesday Tee Off Before 1:00pm special, Fall rate, and Winter rate as applicable, daily fee rounds charged and collected for all Golf Courses in the four calendar years immediately preceding the year in which an incentive payment is to be made. All incentive payments shall be paid by City within 45 days after the last day of each Golf Season. 2 Page 422 of 469 18-Hole Incentive. The incentive payment shall be an amount equal to $1.00 for each 18- hole daily fee round charged and collected for all Golf Courses in excess of the Four -Year Average for 18-hole daily fee rounds charged and collected for all Golf Courses. 9-Hole Incentive. The incentive payment shall be an amount equal to $0.50 for each 9- hole daily fee round charged and collected for all Golf Courses in excess of the Four -Year Average for 9-hole daily fee rounds charged and collected for all Golf Courses. Monday/Tuesday/Wednesday Incentive. The incentive payment shall be an amount equal to $.50 for each Monday/Tuesday/Wednesday special round charged and collected for all Golf Courses in excess of the Four -Year Average for such rounds charged and collected for all Golf Courses. Fall Rate Incentive. The incentive payment shall be an amount equal to $.50 for each Fall Rate round charged and collected for all Golf Courses in excess of the Four -Year Average for such rounds charged and collected for all Golf Courses. Winter Rate. The incentive payment shall be an amount equal to $.50 for each Winter Rate round charged and collected for all Golf Courses in excess of the Four -Year Average for such rounds charged and collected for all Golf Courses. Special Promotions Incentive. In addition to the above incentives, Golf Pro and the Director or Director's designee may agree on terms for other incentives from time to time. 9. RESPONSIBILITIES OF CITY. In connection with the operation of the Pro Shop, City will be responsible for the following: A. Provide Golf Pro with such areas as are now existing in the Pro Shop buildings to be used for the purpose of providing Concessions and services. City reserves the right to increase or decrease the size of, or to alter any part of, the Pro Shop buildings. B. Make all ordinary or reasonable structural repairs required for maintenance and upkeep of the Pro Shop buildings. C. Furnish tables, chairs, counters, and supplies, such as scorecards, pencils, light bulbs, and any other furnishings as it deems necessary. City will also furnish toilet paper and necessary restroom cleaning supplies. D. Provide Golf Pro with the use of a storage building for motorized golf carts at each Golf Course. E. Golf Pro shall have first right to salvage and take ownership of all lost golf balls from any body of water within the boundaries of a Golf Course. F. Regularly pick up garbage that Golf Pro places in an approved receptacle. 3 Page 423 of 469 10. RESPONSIBILITIES OF GOLF PRO. A. The parties acknowledge that Nate Lubs and Monte Meyer ("Pro Principals") are key employees and principals of Golf Pro. The personal services that each Pro Principal will provide in operation of the Pro Shops and Golf Courses are a material inducement for City to enter this Agreement with Golf Pro, and the parties acknowledge that, without the services to be provided by each Pro Principal hereunder, City would not enter this Agreement with Golf Pro. Golf Pro agrees that it shall, at all times during the term of this Agreement, continue to employ each Pro Principal as a key employee and officer of Golf Pro. In light of the foregoing, if either Pro Principal ceases to be an active employee of Golf Pro for any reason, or if either Pro Principal ceases to own a controlling interest in Golf Pro, then City and Golf Pro shall immediately and in good faith negotiate appropriate modifications to the terms of this Agreement with the objective of protecting the interests of City in efficient and quality operation of the Golf Courses and Pro Shops and the interest of Golf Pro in continuing to provide the services contemplated by this Agreement. B. Golf Pro shall keep accurate accounts of ticket sales and deposits. Golf Pro shall, with appropriate diligence and in good faith, cooperate with City to develop and implement equipment and/or software to integrate Golf Pro's point of sale operating system with City systems, in order to expedite and facilitate reporting of sales and related accountings and transfers required by this Agreement. C. Golf Pro shall provide a list of its employees to the Director at the beginning of each Golf Season and shall promptly update such list thereafter when personnel changes are made. Golf Pro shall have discretion to hire and fire its own employees, provided that Golf Pro shall make all such decisions in compliance with State and Federal laws requiring equal opportunity in employment without discrimination or regard to an applicant's or employee's race, color, creed, religion, national origin, sex, disability, or other legally protected status. D. Golf Pro shall keep each Pro Shop facility open and in operation during hours approved by the Director. Golf Pro shall, at the beginning of each Golf Season, and thereafter when any changes are proposed, provide the Director with a schedule of proposed hours when each Pro Shop will be open. E. Golf Pro shall make no alterations, affixations, or repairs to any part of a Pro Shop building or furnishings without first obtaining written approval of the Director. F. Golf Pro shall be responsible for the operation, care and cleaning of locker room facilities and restrooms in each Pro Shop building. Golf Pro shall be responsible for providing necessary cleaning supplies for all areas of the Pro Shops, except for the restrooms. G. Golf Pro shall be responsible for keeping the immediate area outside each Pro Shop free of litter and debris. H. Golf Pro shall be responsible for providing and maintaining all equipment necessary to operate food and beverage Concessions and for providing the other services that 4 Page 424 of 469 Golf Pro is required to furnish pursuant to this Agreement. Golf Pro shall also be responsible to perform, at recommended intervals but no less than once each season, cleaning of each grease trap and kitchen exhaust hood and servicing of each kitchen exhaust hood fire suppression system. I. Golf Pro shall be responsible for providing and maintaining all golf carts. During each golf season from March through November, Golf Pro shall be responsible for supplying adequate numbers and types of golf carts to handle the golfing public's needs. J. Each Pro Principal shall be permitted reasonable time to participate in golf tournaments and other professional activities, including schools and seminars which are necessary to maintain and improve Golf Pro's professional status. K. Golf Pro shall have the exclusive right to give golf lessons at the Golf Courses. Golf Pro shall be solely responsible to set and collect fees for lessons. Golf Pro shall provide competent and high-level golf instruction for all groups and levels of players. Golf Pro understands and agrees that a solid developmental junior program is of the highest priority to City, and to that end shall make every effort to ensure the success of a junior program. However, Golf Pro shall allow area high school and college coaches to give instruction to their team members during team practices as authorized and scheduled by Commission staff. L. Golf Pro shall assure conscientious and efficient service to the general public. Golf Pro shall be responsible to comply, and to operate each Golf Course and Pro Shop in a manner that complies, with all applicable laws, rules, regulations and orders of federal, state or local governing authority. M. Any person verified by Golf Pro to be an employee on the payroll of Golf Pro will be eligible to receive from City's Leisure Services Department a golf pass to allow play during the current Golf Season at any of the Golf Courses without payment of green fees. N. Golf Pro shall pay City the sum of $30 per month for garbage collection costs at each Pro Shop (i.e., $90 total per month). 11. UTILITIES. A. Golf Pro will pay City twenty-five percent (25%) of all costs for utilities, including but not limited to heat, lights, water, and local telephone service at the Pro Shops during the months of March through November and fifty percent (50%) of all such costs during the months of December through February. City shall invoice Golf Pro monthly for such costs, and Golf Pro shall remit payment to City within fourteen (14) days. B. Golf Pro shall be responsible for long distance calls made by it or its staff at any of the Pro Shops. Golf Pro may obtain expanded cable television service at its own expense. Golf Pro shall be responsible to pay for all inspection services provided by City. 5 Page 425 of 469 C. Golf Pro shall pay for all gasoline and/or electrical service necessary to operate and/or charge golf carts. Gasoline will be available through the Golf Course maintenance shop pumps and billed to Golf Pro on a monthly basis through the Commission office. Payment for gasoline will be due ten (10) days after mailing or delivery of the bill. Electrical service charges will be billed to Golf Pro through the Commission's local utility account (currently with MidAmerican Energy). Payment of electrical service charges will be due ten (10) days from mailing or delivery to Golf Pro. D. Golf Pro acknowledges that it has been fully apprised of City's Energy Audit Agreement with MidAmerican Energy, and Golf Pro agrees that it will fully cooperate with City and MidAmerican to keep each Pro Shop energy efficient and consistent with City's Energy Audit Program. If Golf Pro fails to cooperate with this provision, Golf Pro shall be solely responsible to pay for all charges for utilities identified in paragraph A above. 12. INSURANCE AND BONDS. A. City will provide public liability, property damage and fire insurance coverages on each Pro Shop structure through its policies. B. Golf Pro shall, at its own expense, procure and maintain insurance sufficient to meet the requirements of the Iowa worker's compensation laws. Golf Pro shall provide the Director with proof of coverage at the beginning of each Golf Season. C. Golf Pro shall, at its own expense, procure and maintain casualty and liability insurance with one or more responsible companies that are authorized to do business in the State of Iowa, in the annual aggregate amount of not less than Five Million Dollars ($5,000,000.00). At the beginning of each Golf Season, Golf Pro shall provide the Director and City's Insurance Coordinator with proof of such insurance coverage. D. The Commission and City shall be named as additional insureds on the insurance policies Golf Pro is required to maintain pursuant to this Section 12. Said insurance policies shall not be canceled or otherwise altered in any way without at least thirty (30) days' written notice delivered to the Director. Furthermore, except to the extent caused by or arising from the gross negligence or willful misconduct of the Commission or City, Golf Pro agrees to indemnify, defend, and hold harmless the Commission and City from and against any and all claims, demands, causes of action, costs, expenses, penalties, fines, fees, damages, or liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees and expenses, relating to or arising from (1) bodily injury to or death of any person or persons, or damage to or loss of any property, occasioned by any act, omission, neglect, or wrong -doing of Golf Pro, its employees and agents, and (2) the performance or material breach of this Agreement. E. Golf Pro shall, at its own expense, procure and maintain a fidelity bond in the minimum amount of $75,000 covering any loss or misuse of Golf Course monies due to any fraudulent or dishonest act on the part of Golf Pro or any of its employees. Golf Pro shall provide the Director with proof of same at the beginning of each Golf Season. 6 Page 426 of 469 13. SUPERVISION AND COOPERATION. A. Golf Pro shall work with the Director or the Director's designee to promote and provide the most efficient service for the golfers of the community. B. Golf Pro shall work with the Director or the Director's designee to provide the highest quality Pro Shop services, Concessions, merchandise, and marketing. 14. PERFORMANCE REVIEW AND TERMINATION. City's objective with respect to the Golf Courses is to provide high quality golfing facilities and services to the general public and to provide value to taxpayers. To achieve this end, Golf Pro agrees to cooperate with City in good faith for evaluation and review of all aspects of the facilities and operations for each Golf Course. Each calendar year during the term of this Agreement, either party shall have the right, exercisable without cause or reason, to terminate this Agreement by giving written notice to the other party no later than October 31 of such party's intent to terminate the Agreement as of the following December 31. 15. DISPUTE RESOLUTION. In the event either party claims that provisions of this Agreement have been materially breached by the other party, as an alternative to termination of this Agreement as set forth in Section 14 above, such party may request a conference by delivering written notice to the other party. The written notice shall detail the violations alleged. A conference between the Director and Golf Pro will be arranged within ten (10) days of the date of notice, or such later date as the parties may consent to in writing, and the parties shall in good faith make every reasonable effort to reach an amicable solution. If the parties do not reach a mutually satisfactory resolution of the dispute, they may exercise any remedies available to them under this Agreement and/or applicable law. 16. TERMINATION FOR CAUSE. A. In addition to the election to terminate this Agreement as provided in Section 14 above, this Agreement may be terminated for cause by the Director upon the occurrence of any of the following events (each an "Event of Default"): 1. Following the death or incapacitating physical or mental disability of a Pro Principal, his termination from employment by Golf Pro, or his sale of a controlling interest of the issued and outstanding stock or equity interests of Golf Pro, City and Golf Pro are unable to agree on reasonable terms to modify this Agreement as required by Section 10.A, within 90 days after beginning such negotiations; 2. Dishonesty or other conduct detrimental to the best interests of the Commission or City by Golf Pro or its principal officers; 3. Continuing inattention to or neglect of duties by Golf Pro or its principal officers; 4. Insolvency or bankruptcy of Golf Pro; 5. Illegal conduct of Golf Pro or its principal officers; 7 Page 427 of 469 6. Insolvency of Golf Pro or Golf Pro's failure to deliver the documents required under Section 6.0 above; 7. Failure of Golf Pro to maintain the insurance or bonds required under Section 12 above; or 8. The breach by Golf Pro of any other material term of this Agreement. Termination may be immediate or upon advance notice, in the sole discretion of the Director. Waiver of any default shall not constitute or be construed as a waiver of any other or subsequent default. Director shall not be deemed to have waived the right to terminate for any given Event of Default until at least ninety (90) days have elapsed after the occurrence of such Event of Default. B. Upon termination of the Agreement under this section, Golf Pro shall, within thirty (30) days after receiving written notice of termination, surrender to City the possession of all buildings and furnishings in reasonable condition, subject to ordinary wear and tear. Within said period, Golf Pro shall remove all personal property belonging to it, or its owners, officers, affiliates, agents or permittees. Any personal property of Golf Pro or other persons that remains upon the premises after said 30-day period shall be deemed abandoned and shall become the property of City, and City may use, retain or dispose of said abandoned property in any manner it deems fit without incurring liability therefor to Golf Pro or any other person. 17. TRANSFER OR ASSIGNMENT. Golf Pro shall not transfer or assign this Agreement or sublet the privileges or premises without the prior written consent of City. This Agreement shall be binding upon and inure to the benefit of the parties and the respective personal representatives, successors, and assigns of each. 18. NO LEASE. The parties acknowledge and agree that this Agreement does not constitute a lease by Golf Pro of any Pro Shop, Golf Course, or any other real property owned by City, nor is this Agreement to be construed as a lease or rental agreement. The rights granted to Golf Pro hereunder are personal and contractual in nature. 19. NO JOINT VENTURE. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. GENERAL. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, superseding all prior or other agreements or understandings relating thereto. This Agreement may not be modified except by the mutual written consent of both parties. Time is of the essence in the performance of the terms of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Golf Course Pro Shop Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 8 Page 428 of 469 CITY OF WATERLOO, IOWA ML GOLF, INC. By: By: Quentin Hart, Mayor Nathaniel L. Lubs, President Attest: By: Kelley Felchle, City Clerk Monte G. Meyer, Vice President STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on , 2023 by Nathaniel L. Lubs and Monte G. Meyer as President and Vice President, respectively, of ML Golf, Inc. Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on , 2023 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 9 Page 429 of 469 Index Legend Location: Part of the W 1/2 of the SW 1/4 of the NW 1/4 of Section 14, T 89 N, R 13 W of the 5th P.M., City of Waterloo, County of Black Hawk, State of Iowa Requestor: City of Waterloo, Iowa Proprietor: Marta M.Sulentic Surveyor: Michael R. Fagle Company: AECOM Michael R. Fagle, 501 Sycamore Street, Suite 222, Waterloo, Iowa, 50703 Return To AECOM, mike.fagle@aecom.com-319-232-6531 PREPARED BY: MICHAEL R. FACLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 TEMPORARY EASEMENT IN THE NAME OF THE CITY OF WATERLOO, IOWA TITUS LIFT STATION AND FORCE MAIN CITY CONTRACT NO. 975 FND. BROKEN PK WATERLOO, IOWA NAIL NW COR. NW 1/4 SEC. 14-89-13W BURTON AVENUE CD FND. 5/8" REBAR ALUM. CAP FND. 1" P IPE 1' W. OF COR. N. LINE PARCEL OF LAND DESCRIBED IN DOC. NO. 202100008591 SW'LY R.O.W LINE BROADWAY STREET 04 S© I I 0 -ITTO C P.O.B. 9�Fi1,I</„ T.E. T'i'9<rcr C 0 SEE SHEET 2 OF 2 FOR BEARING -DISTANCE TABLE AND DESCRIPTION PROJECT PARCEL 148 AREA TEMPORARY EASEMENT = 863 SQUARE FEET -TEMPORARY © EASEMENT N. LINE PARCEL OF LAND DESCRIBED IN DOC. NO. 2005017869 LINE NW 1/4 >, /<'D SEC. 14-89-13W m' ,°> DP FND. 1" METAL MARKER SW COR. NW 1/4 SEC. 14-89-13W 0 100 200 300 400 SCALE IN FEET AKOM W. LINE E 1/2, SW 1/4, NW 1/4 EEC.14-89-13W CANADIAN NATION RAILWAY CO. FORMERLY WATERLOO RAILROAD CO. FND 3/4" IRON PIN SE COR. NW 1/4 SEC. 14-89-13W MICHAEL R. '.O FAGLE 8505 I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under theAawsAf tState of Iowa. ?022 Date MICHAEL R. FAGL License number 8505 My Iicense renewal date is December 31,2022 Pages or sheets covered by this seal: THIS SHEET SHEET 1 OF 2 Page-430-ef-469 PREPARED BY: MICHAEL Re EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 TEMPORARY EASEMENT IN THE NAME OF THE CITY OF WATERLOO, IOWA TITUS LIFT STATION AND FORCE MAIN CITY CONTRACT NO . 975 WATERLOO, IOWA Description Temporary Easement Parcel 148: A parcel of land situated in part of the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows. Commencing at the Southwest corner of the Northwest 1/4 of said Section 14; thence North 00° (Degree) 51' (Minutes) 21" (Seconds) West (assumed bearing for the purpose of this description) along the West line of the Northwest 1/4 of said Section 14, a distance of 620.48 feet to Westerly prolongation of the North line of the parcel of land described in Document Number 202100008591 and recorded in the Office of the Black Hawk County Recorder; thence North 89°21'37" East along the Westerly prolongation of said North line and said North line, 571.39 feet to the Point of Beginning; thence continuing North 89°21'37" East along said North line, 12.88 feet to the Southwesterly right of way line of Broadway Street; thence South 49°16'38" East along the Southwesterly right of way line of Broadway Street, 101.39 feet to the North line of a parcel of land described in Document Number 2005017869 and recorded in the Office of the Black Hawk County Recorder; thence South 89°21'37" West along said North Line, 12.88 feet; thence North 49°16'38" West, 101.39 feet to the Point of Beginning. Containing 863 square feet. BEARING / DISTANCE TEMPORARY EASEMENT 1 TO 2 N 00 ° 51 21 " W 620.48 2 TO 3 N 89 ° 21 37 " E 571.39 3 TO 4 N 89 ° 21 37 " E 12.88 4 TO 5 S 49 ° 16 38 " E 101.39 5 TO 6 S 89 °2137" W 12.88 6 TO 3 N 49 ° 16 38 " W 101.39 1 TO 7 N 00 ° 51 21 " W 2639.79 1 TO 8 N 89 ° 16 14 " E 2627.32 A=GOM SHEET 2 OF 2 Page 431 of 469 Cit11 of Waterloo, Iowa N W + E S isi Page 432 of 469 Index Legend Location: Parts of the NE 1/4 of the SW 1/4 and the SE 1/4 of the SW 1/4 of Section 10, T 89 N, R 13 W of the 5th P.M., City of Waterloo, County of Black Hawk, State of Iowa Requestor: City of Waterloo, Iowa Proprietor: Broadway Limited LC Surveyor: Michael R. Fagle Company: AECOM Michael R. Fagle, 501 Sycamore Street, Suite 222, Waterloo, Iowa, 50703 Return To AECOM, mi ke.fagle@aecom.com - 319-232-6531 PREPARED BY: MICHAEL R. FACLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 PERMANENT EASEMENT IN THE NAME OF THE CITY OF WATERLOO, IOWA TITUS LIFT STATION AND FORCE MAIN CITY CONTRACT NO. 975 WATERLOO, IOWA PROJECT PARCEL NO. 99 AREA PERMANENT EASEMENT = 2599 SQUARE FEET OF WHICH 1821 SQUARE FEET IS EXISTING SANITARY SEWER EASEMENT. AREA OF PERMANENT EASEMENT 778 SQUARE FEET. ti o q0 PART OF LOT 24 CLOVERDALE ACRES EXISTING 20' SAN.SEWER EASEMENT PERMANENT EASEMENT /, ` Off, Tl„ S2- / 00 Fj 4) • -9 0 50 100 150 200 SCALE IN FEET AECOM SEE SHEET 2 OF 2 FOR BEARING -DISTANCE TABLE AND DESCRIPTION FND. PK NAIL NE COR. SW 1/4 SEC.10-89-13W . -3 f Z FND. PINCH P IPE FND. 1/2" REBAR NE COR. SE 1/4 SW 1/4 SEC.10-89-13W P.D.B. PE E LINE OF THE SE 1/4 SW 1/4 SEC. 10-89-13W FND. PK NAIL SE COR. SW 1/4 SEC. 10-89-13W I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly PLicensed Land Surveyor under h�j)aw2 of �Jthe State of Iowa. MICHAEL R. FAGLE 9-13-2022 Date License number 8505 My license renewal date is December 31,2022 Pages or sheets covered by this seal: THIS SHEET SHEET 1 OF 2 9 PREPARED BY: MICHAEL Re EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 PERMANENT EASEMENT IN THE NAME OF THE CITY OF WATERLOO, IOWA TITUS LIFT STATION AND FORCE MAIN C I TY CONTRACT NO . 975 WATERLOO, IOWA Description Permanent Easement Parcel 99: A parcel of land situated in part of the Northeast 1/4 of the Southwest 1/4 and part of the Southeast 1/4 of the Southwest 1/4 all in Section 10, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows. Commencing at the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 10; thence North 01° (Degree) 07' (Minutes) 40" (Seconds) West (assumed bearing for the purpose of this description) along the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 10, a distance of 1289.54 feet to the Point of Beginning; thence North 79°49'28" West, 131.97 feet; thence North 10°10'32" East, 20.00 feet; thence South 79°49'28" East, 127.97 feet to the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 10; thence South 01°07'40" East along the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 10, a distance of 20.40 feet to the Point of Beginning. Containing 2599 square feet of which 1821 square feet is existing sanitary sewer easement. Area of permanent easement = 778 square feet. BEARING / DISTANCE PERMANENT EASEMENT 1 TO 2 N 01 ° 07 ' 40 " W 1289.54 2 TO 3 N 79 ° 49 ' 28 " W 131.97 3 TO 4 N 10 ° 10 ' 32 " E 20.00 4 TO 5 S 79 ° 49 ' 28 " E 127.97 5 TO 2 S 01 ° 07 ' 40 " E 20.40 1 TO 6 N 01 ° 07 ' 40 " W 1325.40 6 TO 7 N 01 ° 06 ' 05 " W 1328.43 A=GOM SHEET 2 OF 2 Page 434 of A69 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE City Limits Urban Revitalization Area Plan. RECOMMENDED COUNCIL ACTION Approval MEETING DATE June 20, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION The Urban Revitalization Act authorizes cities to designate an area of the city as a revitalization area, where improvements to qualified real estate within these designated areas may then be eligible to receive a total or partial exemption from property taxes for a specified number of years. The City of Waterloo has historically had two urban revitalization areas, the Consolidated Urban Revitalization Area (CURA) which covers more of the core of the city, and provides some additional incentives that the second area does not provide, and the City Limits Urban Revitalization Area (CLURA) which covers the entire rest of the City of Waterloo not covered by the CURA. Historically, the CLURA has only been available for new construction of either single family homes or two family homes, and provided only one tax abatement schedule, 3 years at 100%. The existing CLURA Plan expired on December 31, 2022. Staff is proposing to readopt the plan, with changes to include: 1) adding children's day care facilities and new construction of multi -family homes to what will qualify for improvements, 2) adding a second tax exemption schedule that applicants can pick from of 10 years of a partial exemption (80, 70, 60, 50, 40, 40, 30, 30, 20, 20%) in addition to the existing tax exemption schedule of 3 years at 100%, 3) and providing for the Plan to be effective for a period of five year. At that time, the City Council would be able to extend the timeline if they so decide. Per the requirements of the Urban Revitalization Act (Chapter 404 of Iowa Code), the City of Waterloo must hold a public hearing, which must be at least 30 days after notice is mailed. That hearing was held on May 15, 2023. The City would have to hold a second hearing if a valid petition requesting a second hearing is submitted within 30 days of the first hearing containing the signatures and addresses of property owners of at least 10% of the privately owned property within the area. At their regular meeting on October 11, 2022, the Planning, Programming and Zoning Commission unanimously recommended approval of adoption of the CLURA Plan. The Planning, Programming and Zoning Commission then revisited their approval at the May 9, 2023 meeting to further discuss the inclusion of multi -family as qualified improvements, and again unanimously recommended approval of adoption of the CLURA Plan, including with the inclusion of multi-fmaily. NEIGHBORHOOD IMPACT The proposed Plan is anticipated to have a positive impact on neighborhoods by encouraging private investments that will increase taxable values after abatement but reduce the tax increases that would Page 436 of 469 normally result from making improvements to property. The purpose of the State Code chapter that provides for such plans is to attach development and thereby stabilize or increase the tax base within the designated areas. DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held. Notice was published and mailed to all property owners within the proposed Plan area. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION See attached Plan and Notice ATTACHMENTS 1 2023 Readoption CLURA Plan 2. Notice of public hearing - CLURA plan 3. Mailed notice of public hearing Page 437 of 469 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. City Limits Urban Revitalization Area 2023 Re -adoption City of Waterloo, IA 0 * W A 74,46 i•i* N 0 Ut .1164, A ° AIL ■1INIIIINMM1111■ • City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Page 438 of 469 MAYOR Quentin Hart CITY COUNCIL Rob Nichols, At -Large Dave Boesen, At -Large John Chiles, First Ward Jonathan Grieder, Second Ward Nia Wilder, Third Ward Belinda Creighton -Smith, Fourth Ward Ray Feuss, Fifth Ward PLANNING, PROGRAMMING AND ZONING COMMISSION Virginia Wilber, Chairman Janelle Ewing Cody Leistikow Ali Parrish Brandon Schoborg Patrisha Serfling Phillip Shirk Steve Trost PLANNING, PROGRAMMING AND ZONING STAFF Noel Anderson, Director of Community Planning and Development Aric Schroeder, City Planner Tim Andera, Planner II Adrienne Miller, Planner II John Dornoff, Planner II Seth Hyberger, Planner I Lexi Blank, Planner I Pattie Magee, Secretary i Page 439 of 469 TABLE OF CONTENTS I. INTRODUCTION 1 II. THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA) 2 A. Analysis 2 B. The Waterloo Public Assistance Programs 2 III. CLURA PLAN OBJECTIVES 3 IV. THE PLAN 3 A. Legal Description and Map of Existing Parcels of Real Estate 4 B. Taxable Value 9 C. Existing Land Use Survey 9 D. Zoning and Future Land Use 9 E. Property Owners and Property Valuations 9 F. Public Service and Facility Improvements 9 G. Relocations 9 H. The Tax Exemption 10 I. Tax Exemption Schedule 11 J. Federal, State and Private Funding Programs 11 V. PLAN ADMINISTRATION 14 A. Application Procedures 14 B. City Council and City Assessor Review 14 C. City Assistance to the Applicant 14 D. Plan Termination 15 ii Page 440 of 469 LIST OF FIGURES Figure 1. CLURA Boundary Map With Existing Parcels of Real Estate 16 Figure 2. CLURA Boundary Map With Zoning Districts 17 Figure 3. CLURA Boundary Map With Future Land Use Designations 18 LIST OF TABLES Table 1 Property Owners and Property Valuations 19 Page 441 of 469 I. INTRODUCTION The Urban Revitalization Act which was passed into law by Governor Robert Ray on May 10, 1979, provides the City's governing body with an additional tool to rebuild the economic and sociologic structure of distressed districts within the community. There are two primary goals which are inherently embedded into this Act. 1. To protect the health, safety, and welfare of the inhabitants of degraded districts in the community. This is accomplished by encouraging the rehabilitation of the area's physical environment. Thus, providing a more aesthetically desirable atmosphere in which to live, work, and shop. 2. To benefit the community by bolstering an otherwise declining tax base. To obtain these goals, private investment is encouraged via the issuance of property tax abatements (i.e., exemptions). Property owners who significantly improve a parcel of land within a designated Urban Revitalization Area may be eligible to receive a total or partial property tax exemption on the increased valuation of the property. The City Council may designate an area as an Urban Revitalization Area if it meets at least one of the following criteria. 1. The area possesses a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density or population and overcrowding, the existence of conditions which endanger life or property by fire and other causes or a combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and which is detrimental to the public health, safety or welfare. 2. The area possesses a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use. 3. The area possesses a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use. 4. An area which is appropriate as an economic development area, as defined in Section 403.17 of the Code of Iowa: "An area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises, public improvements related to housing and residential development, or construction of housing and residential development for low and moderate income families, including single or multifamily housing." 5. An area designated as appropriate for public improvements related to housing and residential development, or construction of housing and residential development, including single or multifamily housing. 1 Page 442 of 469 II. THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA) A. Analysis This plan was developed in preparation for the designation of an Urban Revitalization Area, herein to be referred to as the City Limits Urban Revitalization Area ("CLURA") and legally described in Part IV, Section A of this Plan and illustrated in Figure 1. The CLURA consists of approximately 55.55 square miles of property citywide. This plan excludes all of the former Consolidated Urban Revitalization Area ("CURA") (Appendix A), with the CLURA beginning at the outer boundaries of the CURA and extending outward from that boundary to the city limits in all directions. The improvement of this area is a high priority for the City for at least three primary reasons: (1) The City of Waterloo continues to see a declining trend in new one and two family residence construction and in new subdivision development, which results in a declining tax base for operations of the city government. (2) Normal market conditions have led to these declining numbers, and do not appear sufficient to encourage new residential development and expansion. (3) The City has a demonstrated need for children's day care facilities, as indicated by several employer and employee sources in the community, and promoting such services will strengthen work force options and help businesses find employees. B. The Waterloo Public Assistance Programs The spatial distribution of other state and federal programs was investigated to determine the most logical boundaries for the establishment of this urban revitalization district. The following programs were included in this analysis: Urban Renewal ❑ A federal program which provided funds for the redevelopment of blighted areas. Urban Revitalization ❑ The state program adopted locally which offers tax abatements for rehabilitation and new construction. Neighborhood Strategy Areas (NSA's) ❑ Areas the City has targeted as residential districts in need of assistance and which qualify for Community Development Block Grant Funds. WorkForce Housing ❑ The state program matched locally which offers tax credits and a refund on state sales tax for residential development. 2 Page 443 of 469 III. CLURA PLAN OBJECTIVES The main concept of this plan is to overcome the physical ills of the CLURA area by fostering new construction projects and activities consistent with the overall needs of the community and the City as a whole. The following objectives are naturally derived from the preceding description of CLURA: 1. The new construction of one and two family homes, multi -family homes, and day care facility investment, as defined in Section IV(H) below, within the area, thus producing a physical environment which promotes the health, safety, and welfare of the CLURA inhabitants in addition to furthering job creation. 2. To encourage new residential activity in the City as a whole, working to offer new opportunities for new construction in the CLURA and hopefully bringing forth new activity within the CURA as well. This, in turn, will result in significant spillover effects benefiting all sectors of the community. It is the goal of the CLURA to improve the City of Waterloo's image. 3. To facilitate the most expedient and practical use of the City's land and services, thereby preserving tax dollars and open spaces. 4. To develop vacant and underdeveloped land and, as a result, strengthen the tax base of the community. This objective is in compliance with the City of Waterloo's Comprehensive Plan and Future Land Use Map. 5. To provide employment by stimulating the construction industry, encouraging commercial activity, and helping to stimulate an expanded work force that can more effectively take advantage of available employment opportunities. IV. THE PLAN To ensure that the CLURA complies with the designation requirements outlined in the Urban Revitalization Act (Iowa Code § 404.1) and that the City would benefit from said designation, City's Planning and Zoning staff reviewed statistics of the number of homes built in the past ten years, as compiled by tracking various permits filed with the City's Building Department. The statistics, as shown below, show a decline in the number of one and two family homes built over that time frame. Number of 1 and 2 homes built per year: 2002: 52 2003: 59 2004: 82 2005: 100 2006: 67 2007: 66 2008: 25 2009: 32 2010: 42 2011: 59 CLURA ADOPTION 2012: 74 2013: 63 2014: 120 3 Page 444 of 469 2015: 69 2016: 101 2017: 53 2018: 55 2019: 58 2020: 79 2021: 63 2022: 38 Average before CLURA: 58.4 Average after CLURA: 70.27 (11.87 additional homes per year) The number of multi -family units built per year averages at 65 units per year. The last 4 years total we have had 7.25 units per year (29 total). As another form of housing option for those not yet quite ready to own, the City of Waterloo wants to encourage housing for young families, mew workers for a growing workforce into the community Furthermore, Waterloo is the largest urban area within Black Hawk County. Waterloo represents approximately 54.4% of the population of Black Hawk County, but only sees about 20% of the construction growth for new one and two family homes. The City of Waterloo also lost population in the 2020 Census Count, whereas other communities in Black Hawk County all gained or stayed steady in population. This is a very serious downward trend that is damaging to the community growth and well-being. A. Legal Description All areas within the corporate limits of the City of Waterloo, Black Hawk County, Iowa, excluding the following described real estate: Beginning at a Point on the East line of Section 31 Township 89 Range 12 where the East line of said Section 31 intersects the Northeasterly line of the Cedar River; thence South along the East line of said Section 31 to its intersection with the Southwesterly line of the Cedar River; thence Southeasterly, Southerly, and Southwesterly following said Southwesterly line of the Cedar River to its intersection with the South line of Section 31 Township 89 Range 12; thence West along the South line of said Section 31 to the Southwest corner of said Section 31; thence West along the South line of Section 36 Township 89 Range 13 to the point of intersection with the East line of Lot 32 Garden Addition extended Southerly; thence North along the Southerly extension of the East line of Lot 32 Garden Addition, the East line of Lot 32 Garden Addition, and the extension Northerly of the East line of Lot 32 Garden Addition to the point of intersection with the centerline of Plymouth Avenue; thence West along the centerline of Plymouth Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the centerline of Lorraine Avenue; thence West along the centerline of Lorraine Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the south line of Hawthorne Avenue; thence West along the South line of Hawthorne Avenue to the Easterly line of Kimball Avenue; thence North along the East line of Kimball Avenue to the North line of Reber Avenue; thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail 4 Page 445 of 469 (formerly the Chicago & Northwestern Transit Co.); thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue; thence North along the West line of Fletcher Avenue to the South line of Black Hawk Road; thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the centerline of Ansborough Avenue, said centerline also being the East line of Section 28 Township 89 Range 13; thence North along the East line of said Section 28 to its intersection with the Easterly extension of the North line of Lot 19 Block 32 Downing Place; thence West along said Easterly extension of the North line of Lot 19 Block 32, and the North line of Lot 19 Block 32 said addition, and the Westerly extension of said line to the intersection with the East line of Lot 9 Kearns Addition; thence North along the East line of Lot 9 said addition to the Northeast corner of said Lot 9; thence Westerly and Northwesterly along the platted Northerly lines and arcs of Lots 9, 10, 11, 12, 13, 14, and 15 of Kearns Addition to the Northwest corner of Lot 15 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 26 Kearns Addition; thence Northwesterly following the Northerly lines (arcs) of Lots 26 and 27 Kearns Addition to the Northwest corner of Lot 27 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 41 said addition; thence Southwesterly following the Easterly lines (arcs) of Lots 41, 40, and 39 Kearns Addition to the Southeasterly corner of Lot 39 said addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of said lot; thence Northeasterly along the Easterly lines of Lots 56 & 55 said addition to the most Easterly corner of Lot 55 said addition; thence Northwesterly along the North lines (arcs) of Lots 55, 54, 53, 52, 51, 50, 49, 48, and 47 said addition, and the extension Northwesterly of the Northeasterly line (arc) of said Lot 47 to its intersection with the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of Linbud Lane; thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street, to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the point of intersection with the Northerly extension of the West line of Lot 1 Alabar Hills Second Addition; thence South on said extension of the West line of Lot 1 said addition, and the West line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 said addition to the Southwest corner of Lot 13 Alabar Hills Second Addition; thence South on a continuation of the last described course to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue as originally platted to its intersection with the South line of Section 21 Township 89 Range 13; thence West along the South line of said Section 21 to the Southwest corner of said Section 21; thence West along the South line of Section 20 Township 89 Range 13 to its intersection with the centerline of Progress Avenue; thence North along the centerline of Progress Avenue to the point of intersection with the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive, and an extension thereof, to the Westerly line of Midway Drive, (said point of intersection also currently a point on the Westerly Corporate Limits of the City of Waterloo); thence North following the current Westerly corporate limits of the City of Waterloo to a point on the centerline of Midway Drive where the North line of Lot W-3 Cedarloo Park, if extended Westerly, would intersect said centerline; thence 5 Page 446 of 469 East along said extension of the North line of said Lot W-3, and the North line of said Lot W-3, to the West line of Lot 21 Acorn Addition; thence South along the West line of Lot 21 Acorn Addition to the Southwest corner of said lot; thence Easterly along the South line of Acorn Addition to the Southeast corner of Lot 1 said addition; thence continuing along an extension of the last described course to its intersection with the centerline of Progress Avenue; thence South along the centerline of Progress Avenue to the point where the South line of Lot W-116 Cedarloo Park, if extended Westerly, would intersect said line; thence Easterly along the extension of the South line of Lot W-116 said addition, and the South line of Lot W-116 said addition to the Southeast corner of Lot W-116 said addition; thence South along the East line of Lot W-115 Cedarloo Park to the South line of Tract D of Pine Meadows Addition; thence East along said South line to the West line of Forest Hill Subdivision; thence South along the West line of Lots 10, 11, 12, 13, 14, 15, 16 & 17 said addition to the Southwest corner of Lot 17 said addition; thence Southeast along the Southerly line of Lot 17, and the extension thereof, to its intersection with the centerline of S. Hackett Road; thence North along the centerline of S. Hackett Road to the centerline of Maynard Avenue; thence East along the centerline of Maynard Avenue to its intersection with the extension Northerly of the West line of Paul's Replat of a Part of Lawless Addition; thence South along the Northerly extension of the West line of Paul's Replat of a Part of Lawless Addition, and along the West line of said addition to the North line of Tract A said addition; thence East along said North line to its intersection with the West line of H. Ray Hughes Addition; thence South along the West line of said addition to the centerline of Coachman Drive (said centerline also being a point on the West line of Tract B said addition); thence East along the centerline of Coachman Drive (296 feet more or less) to its intersection with the centerline of Carriage Hill Drive; thence South and Southeasterly along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue; thence South along the centerline of Stephan Avenue to the point where it would intersect the Westerly extension of the North line of Lot 45 Hansen Noble Addition; thence East along said Westerly extension of the North line of said Lot 45, and the North line of Lot 45 said addition to the Northwest corner of Lot 24 Hansen Noble Addition; thence South along the West line of Lots 24 and 23 said addition to the South line of Lot 23 said addition; thence East along the South line of Lot 23 said addition to the West line of Hanna Boulevard; thence Easterly in a straight line to a point on the East line of Hanna Boulevard that is 5.2 feet normally distant Southerly from the North line of Lot 1 said addition; thence Easterly along a line that is 5.2 feet normally distant Southerly of the North line of Lot 1 said addition to the East line of said Lot 1 Hansen Noble Addition; thence North along the East line of Lots 1 & 2 said addition to the North line of Lot 16 Block 4 Kreb's Addition; thence East along the North line of said Lot 16 to the Northeast corner of said lot; thence East along a continuation of the last described course to the centerline of Hickory Street; thence North along the centerline of Hickory Street to the point of intersection with the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition; thence East along the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 33 Block 5 said addition to the West line of Maxwell Street; thence Easterly in a straight line to the Southwest corner of Lot 10 Block 6 Kreb's Addition; thence East along the South line of said Lot 10 Block 6 said addition to the Southeast corner of said lot; thence North along the East line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 Block 6 of 6 Page 447 of 469 Kreb's Addition to the Northeast corner of Lot 1 Block 6 said addition; thence West along the North line of said Lot 1 to the Northwest corner of said Lot 1; thence continuing West along an extension of the last described course to the centerline of Maxwell Street; thence North along the centerline of Maxwell Street to the point of intersection of the Westerly extension of the South line of Lot 9 Block 3 Nelson Addition; thence East along said Westerly extension of the South line of Lot 9 Block 3, and the South line of Lots 9 and 10 Block 3 said addition, vacated Brender Street, and Lots 9 and 10 Block 2 said addition to the Southeast corner of Lot 10 Block 2 said addition; thence East on a continuation of the last described course to the centerline of Aladdin Street; thence Northerly along the centerline of Aladdin Street to the point of intersection with the centerline of Upton Avenue; thence West along the centerline of Upton Avenue to the intersection with the centerline of Galloway Court; thence North along the centerline of Galloway Court to the intersection with the centerline of Maynard Avenue (said point also being the point of intersection of the centerlines of Maynard Avenue and Joy Drive); thence Northerly and Northwesterly along the centerline of Joy Drive to the point of intersection with the extension Southerly of the East line of Lot 7 Block 1 of Clyde Miller Heights; thence North along the Southerly extension of the East line of Lot 7 Block 1 said addition and the East line of Lot 7 Block 1 said addition to the Northeast corner of said lot; thence Northeasterly along the Southeasterly line of Lot 3 Auditor's Whitney Road Plat to a point that is 89.2 feet Northeasterly of the Southwesterly line of Lot 3 said addition; thence Northwesterly along a line that is 89.2 feet Northeasterly of and parallel to the Southwesterly line of said Lot 3 to its intersection with the most Westerly line of said lot, said point also being a point on the most Easterly line of Lot 2 Block 1 of Clyde Miller Heights; thence Northeasterly along the most Easterly line of said Lot 2 to the Northeast corner of said lot; thence Northwesterly along the most Northerly line said Lot 2 to the Northwest corner of said lot, also being a point on the East line of Hanna Boulevard; thence North along the West line of Lot 1 Blockl Clyde Miller Heights, and an extension thereof to the North line of Rainbow Drive; thence Northwesterly along the Northerly line of Rainbow Drive to the Southeast corner of Lot 10 of Auditor's Whitney Road Plat; thence North to the Northeast corner of said Lot 10; thence Northwesterly along the Northerly line (curve) of Lots 10 and 11 of said addition to the point of intersection with the extension Southerly of the West line of Lot 12 Auditor's Whitney Road Plat; thence North along the Southerly extension of the West line of Lot 12 Auditor's Whitney Road Plat, and the West line of Lot 12 Auditor's Whitney Road Plat to the Northwest corner of said Lot 12; thence East and Southeasterly following the Northerly line of said Lot 12 to the Northwest corner of Lot 4 Sherwood Park; thence Southeasterly along the Northerly line of Lots 4, 3, 2, and 1 of Sherwood Park to the Northeast corner of said Lot 1 Sherwood Park; thence North in a straight line to the Southeast corner of Lot 5 Sherwood Park; thence Easterly in a straight line to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly following the South line of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 said addition to the Southeast corner of Lot 45 said addition; thence Southeasterly in a straight line to the most Westerly corner of Lot 1 Massey Pullman Diner Plat; thence Southeasterly to the Southeast corner of Lot 2 Massey Pullman Diner Plat; thence Southeasterly on an extension of the last described course to its intersection with the centerline of Relocated Ansborough Avenue; thence Northeasterly and Easterly along the centerline of Relocated Ansborough Avenue to the Centerline of Relocated West 7 Page 448 of 469 Conger Street; thence Northeasterly along said Centerline of Relocated West Conger Street across the Cedar River Bypass to the Southwesterly line of the main channel of the Cedar River; thence Northeasterly to the intersection of the centerline of Relocated Conger Street and the Northeasterly line of the main channel of the Cedar River; thence Northerly along said Northeasterly line of the Cedar River to the point where the centerline of West Parker Street, if extended Westerly, would intersect said Northeasterly line; thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the centerline of Cedar Bend Street; thence following the centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13; thence West along the South line of said Section to the Southwest corner of said Section; thence North along the West line said Section to the North line of the South one-half of said Section; thence East along said North line of the South one-half of Section 10 Township 89 Range 13 to the East line of said Section; thence East along the North line of the South one-half of Section 11 Township 89 Range 13 to the Southwest corner of the Southeast quarter of the Northeast quarter of Section 11 Township 89 Range 13; thence North along the West line of said Southeast quarter of the Northeast quarter to the Northwest corner of said Southeast quarter of the Northeast quarter; thence East along the North line of said Southeast quarter of the Northeast quarter to the East line of Section 11 Township 89 Range 13, which point is the Centerline of U.S. Highway 63 (also known as Logan Avenue); thence South along the Centerline of Logan Avenue to the Centerline of Ralston Road; thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek; thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line; thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660') North of and parallel to the South line of Section 13 Township 89 Range 13; thence East along said line to the East line of said Section; thence continuing Easterly along a line six hundred and sixty feet (660') North of and parallel with the South line of Section 18 Township 89 Range 12 to the East line of said Section; thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12; thence South along the East line of said Section to the centerline of Independence Avenue; thence East along the centerline of Independence Avenue to the West line of Skyview Road; thence South along the West line of Skyview Road to the North line of Osage Avenue (formerly Osage Road); thence West along the North line of Osage Avenue to the West line of North Evans Road; thence South along the West line of North Evans Road to the Southwesterly line of the Chicago Central & Pacific Railroad Right -of -Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, as currently established; thence Northwesterly and Southerly following the City Limit line as currently established to the point where it intersects the Northeasterly line of the Cedar River; thence Northwesterly along the Northeasterly line of the Cedar River to the point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa; and also, All that part of Section 2 Township 89 Range 13, in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights. 8 Page 449 of 469 B. Taxable Value The current taxable value for the developed area of the CLURA is estimated at the following amounts for the following classifications. The following figures are totals which account for land and buildings. Agricultural Commercial Industrial Residential Exempt Total LAND BUILDING TOTAL .$17,889,530 $10,575,220 $28,464,750 $109,436,710 .. $453,008,070 .$562,444,780 .$11,147,770 $95,225,880 ..$106,373,650 .$226,954,600......$1,245,071,490 $1,472,026,090 $55,578,310 .$138,981,090 ..$194,559,400 $421,006,920 $1,942,861,750 $2,363,868,670 C. Existing Land Use Survey The property is currently a mix of agricultural, commercial, industrial and residential uses. D. Zoning and Future Land Use The Zoning Map (Figure 2) and Future Land Use Map (Figure 3) help illustrate the proposed uses for this area, and both indicate that this area should have sections for agricultural, sections for industrial, sections for residential, and sections for commercial uses. E. Property Owners and Property Valuations State law requires the City to notify those citizens directly affected by the designation of a Revitalization District. To comply with this mandate, a list of all property owners in the CLURA will be compiled. It is also necessary that each property value and property owner be listed within the plan. Said listing is contained in Appendix "B", attached hereto. F. Public Service and Facility Improvements The governing body of the City influences the quality of the community in two significant ways: first, by initiating capital improvements, such as road and sewer systems, and second, through policy decisions which guide the direction and nature of future land use. Since the CLURA exists in the city limits of the community, all essential public services can be adequately provided by following appropriate land use policies for growth and development. G. Relocations 9 Page 450 of 469 The CLURA Plan is intended to provide private persons and developers with incentives to build new residential construction within the City, and therefore the City does not anticipate any relocations or displacement of persons or businesses as a result of the CLURA. However, to the extent that any relocation or displacement of persons or businesses is necessary, the City shall follow the procedures outlined in the City of Waterloo, Iowa Relocation Checklist, available for viewing at the Office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703S. H. The Tax Exemption Who qualifies? The revitalization incentives under the CLURA Plan are applicable to new construction only done upon on any property located within the CLURA boundaries which is assessed as residential, but not on property assessed as agricultural, commercial or industrial, so long as the revitalization on the qualifying property ("Qualified Real Estate") possesses the following attributes: 1. New construction of a one or two family homes or multi -family residential during the time in which the area was so designated. 2. Any new construction of facilities for a children's day care center as provided in this Section H. Any additions or major renovations that meet the criteria of paragraph 2, 3, 4 and 5 of this Section H for utilizing a residential home for children's day care use. Said improvements could be conversion of a garage into a day care use, addition to home, or major renovation of space on interior for use as a day care use. All such conversions must meet the applicable building codes and zoning ordinance requirements for a children's day care in a home. Any such day care facilities must be registered with the State of Iowa for day care use. 3. Improvements to One and Two Family homes pursuant to paragraph 1 above may not have been initiated prior to July 18, 2011, and improvements for multi -family pursuant to paragraph 1 above and for day care pursuant to paragraph 2 above may not have been initiated prior to January 1, 2023. 4. The owner of said property must have submitted an application for tax exemption which complies with the procedures and specifications set forth in the section entitled "Application Procedures", found in Part V, subsection A of this Plan. 5. If no structures are located on the property prior to the improvements, any construction of a one or two family home or a children's day care facility may qualify; except that any new construction on land assessed as agricultural property shall not qualify as "improvements" under this Plan. If structures are located on the property prior to the potentially qualifying improvements, the actual value added by the improvements must be at least ten percent (10%) of the pre -improvement value, as required by section 404.3(8) of the Iowa Code. However, if such construction was begun prior to the applicable date stated in paragraph 3 above, the value added by such construction will not constitute an increase in value for purposes of qualifying for the exemptions provided for in the Plan. "Actual value added by the improvements" as used in this plan means the actual value added as of the first year for which the exemption was received. In cases where improvements are occurring at the time the CLURA is designated, 10 Page 451 of 469 discussion is likely to arise pertaining to how much of this improvement is applicable to the necessary percent increase. In such instances the following policy will govern: Any construction begun prior to the applicable date stated in paragraph 3 above, either in part or in whole, shall not qualify for the tax exemptions granted under the program. L Tax Exemption Schedule Tax exemption on qualifying improvements must follow one of four schedules as set out by law. Eligible property owners will elect to take one of the four schedules. Once the decision has been made and the exemption granted, the owner cannot change the method of exemption. Exemption schedules are based on the actual value added by improvements, which is defined as the actual value added as of the first year for which the exemption was received. 1. 10-Year, 115% Exemption ($20,000 limit): Not Applicable to CLURA. 2. 3-Year, 100% Exemption All Qualified Real Estate is eligible to receive a 3-year, 100% tax exemption on the actual value added by improvements. 3. 10-Year, Partial Exemption(80,70,60,50,40,40,30,30,20,20%): All Qualified Real Estate is eligible to receive a 10-year graduated scale tax exemption on the actual value added by improvements. 4. 10-Year, 100% Exemption: Not Applicable to CLURA. J. Federal, State and Private Funding Programs A number of additional assistance programs are available to qualifying residents and/or projects in the City of Waterloo. Some of these programs are available only to eligible applicants and/or property in certain designated areas of the city. It should be noted that the City of Waterloo has no plans to issue revenue bonds to undertake or assist with revitalization projects within the CLURA. 1. The Community Development Block Grant (CDBG) Program is a potential source of funding for projects such as the rehabilitation of owner -occupied residential structures which possess up to four dwelling units. The CDBG Program is administered by the Community Development Board for the City of Waterloo and is financed by the Department of Housing and Urban Development (HUD). In the past, the Community Development Board has received approximately $1.8 million in funding per year. 2. The Small Business Administration (SBA) provides various forms of funding to small businesses. In particular, the SBA's 504 Loan Program may provide low - interest, fixed asset financing to qualified businesses. 3. Real Estate Investment Districts (REIDs) are governmental taxing districts which can be created by owners of undeveloped land, with the approval of the City Council. REIDs provide a simple method to allow land owners to develop a 11 Page 452 of 469 governmental entity, which then has similar financing advantages as cities to make public improvements. The district can specially assess the costs of public improvements among all lots in the subdivision with payment of the assessments pledged to the bonds for a period of up to 15 years. 4. The Housing Application Review Team (HART) consists of representatives from the following State of Iowa agencies which fund housing projects: Rural Housing & Community Development Service, Iowa Finance Authority/Housing Assistance Fund, Federal Home Loan Bank/Affordable Housing Program, Iowa Office of HUD, Iowa Department of Economic Development (IDED)/HOME & CDBG. The team reviews a brief application form submitted by potential applicants. This process allows the applicant to have a proposed project informally reviewed by all five funding agencies with just one communication. This program is administered by IDED. 5. The Iowa Housing Fund, or Local Housing Assistance Program (LHAP), administered by IDED, focuses on improving substandard, unaffordable housing stock through housing rehabilitation for rental and owner -occupied units, tenant - based assistance, first time home buyer assistance, and new construction. 6. Housing Assistance Fund (HAF) is a flexible program of financial assistance dedicated to a variety of housing projects, programs and activities which contribute to the goal of providing decent, safe and affordable housing for low and moderate income persons. The program is administered by the Iowa Finance Authority. 7. The HOME Investment Partnership Program is designed to provide assistance to eligible recipients for rehabilitation, new construction, home buyer assistance and tenant -based rental assistance in order to achieve an adequate supply of decent, safe and sanitary housing for low to moderately low income households. 8. Existing Multifamily Rental Housing (Section 223(f)) is federal mortgage insurance under Section 207 pursuant to Section 223(f) for the purchase or refinancing of existing apartment projects; to refinance an existing cooperative housing project; or for the purchase and conversion of an existing rental project to cooperative housing. HUD insures mortgages to purchase or refinance existing multifamily projects originally financed with or without federal mortgage insurance. HUD may insure mortgages on existing multifamily projects under this program that do not require substantial rehabilitation. 9. Mortgage Insurance for Single Room Occupancy Projects (Sec. 221(d) & 223(g)) offers mortgage insurance for the new construction and substantial rehabilitation of single room occupancy (SRO) facilities. The insured SRO program is designed to expand the availability of affordable housing for low- and moderate -income persons, thereby helping to prevent homelessness. 10. Multifamily Rental Housing for Moderate -Income Families is federal mortgage insurance to finance rental or cooperative multifamily housing for 12 Page 453 of 469 moderate -income households, including projects designated for the elderly. 11. Supplemental Loans for Multifamily Projects (Section 241) is federal loan insurance which finances improvements, additions and equipment to multifamily rental housing and health care facilities. It provides owners of eligible low- income housing with an adequate return on their investments and the ability to finance the acquisition of eligible low-income housing. HUD insures loans made by private lending institutions to pay for improvements or additions to apartment projects, nursing homes, hospitals, or group practice facilities that already carry HUD -insured or HUD -held mortgages. Projects may also obtain FHA insurance on loans to preserve, expand, or improve housing opportunities, to provide fire and safety equipment, or to finance energy conservation improvements to conventionally financed projects. Major movable equipment for nursing homes, group practice facilities, or hospitals also may be covered by a mortgage under this program. 12. Supportive Housing for Persons with Disabilities (Section 811) provides assistance to expand the supply of housing with supportive services for persons with disabilities. Capital advances are made to eligible nonprofit sponsors to finance the development of rental housing with supportive services for the disabled. The advance is interest free and does not have to be repaid so long as the housing remains available for very low-income persons with disabilities for at least 40 years. Project rental assistance covers the difference between the HUD - approved operative cost per unit and the amount the resident pays. Nonprofit organizations may qualify for assistance. 13. Supportive Housing for the Elderly (Section 202) provides capital advances to eligible private and nonprofit sponsors to finance the development of rental housing with supportive services for the elderly. The advance is interest free and does not have to be repaid so long as the housing remains available for very low- income elderly persons for at least 40 years. Project rental assistance covers the difference between the HUD -approved operative cost per unit and the amount the resident pays. It does not include an amount for debt service. 14. Waterloo Industrial Development Association has previously worked towards the acquisition of land parcels in the Waterloo area for the future development and assemblage of industrial projects. 15. The Black Hawk County Economic Development Committee, Inc. provides economic development assistance to area businesses through two primary financial assistance programs. a. SBA 504 Loan Program: The SBA 504 Loan Program assists eligible businesses in the acquisition of fixed assets, for example• land, buildings, machinery and equipment. b. Revolving Loan Fund Program: The Revolving Loan Fund (RLF) Program is a special loan fund set up to provide "gap financing" to sound businesses or new business start-ups. The primary focus of RLF is job creation and capital expenditures in the manufacturing sector. 16. Tax Increment Finance Districts. If a site is located in a TIF District within the City of Waterloo, additional incentives may apply. Incentives could include 13 Page 454 of 469 property tax rebates, grants, land at nominal price, and other non -financial project assistance. Particular incentives will vary by project depending on type of development, project needs, the opportunity presented by the project, and other relevant factors, and be subject to approval of a development agreement between the developer and the City of Waterloo. V. PLAN ADMINISTRATION A. Application Procedures The property owner shall submit an application to the City Council. If the proposed project meets the requirements outlined in this plan, the City must by resolution grant its preliminary approval. It should be noted that the tax exemption is not guaranteed until the project is completed and the City Assessor certifies that the project has met the necessary increase in actual value added. The City must receive the application by February 1st of the assessment year for which the initial exemption is first claimed. In addition, the application must be filed no later than the year in which all improvements are first assessed for taxation. For each additional improvement submitted by a property owner for tax exemptions, the application procedure must be repeated. If the application is rejected by the City due to non-conformance with this Plan, the property owner may submit an amended proposal. The application shall consist of at least the following information: 1. The nature of the improvement; 2. The cost of the improvement; 3. The estimated or actual date of completion. B. City Council and City Assessor Review The City Council must also submit all approved applications to the City Assessor by March 1st and indicate the applicable tax exemption. The Assessor is to conduct an on -site evaluation of all applications claiming a first -year exemption. If the Assessor determines that the actual value of the real estate has increased through new construction as required by this plan, the Assessor must notify the County Auditor of the appropriate valuation per the agreed upon schedule at the time of transmitting the assessment roll. In addition, at this time the property owner must also be informed of the Assessor's determination. If the Assessor certifies that the project is in compliance with the standards set forth in this Plan, the property owner will continue to receive exemptions as indicated on the appropriate schedule. The Assessor, in following years, will perform periodic inspections of those properties receiving exemptions to ensure that the intent of the Act is upheld. C. City Assistance to the Applicant Property owners with questions pertaining to Plan definition or application procedures 14 Page 455 of 469 may receive assistance from the City's Community Planning and Development office. Assistance will relate primarily to the application process and defining eligibility as it relates to the area. All information services will be provided free of charge. D. Plan Termination This Plan shall be effective for a period of five (5) years. After that time, if the City Council believes the Plan shall be further needed, it may extend the timeline for a period of years as it decides. At that time all existing exemption agreements will be honored until their normal expiration date. 15 Page 456 of 469 City of Waterloo CLURA & Existing Real Estate Parcels Area NOT Included In City Limits Urban Revitialiation Area 0 City Limits Urban Revitalization Area/ Waterloo City Limits IZI Existing CURA Boundary (Area NOT Included in CLURA) Page 457 of 469 M.1;C=Z M-11 L . dill R-2 Legend Area NOT Included In City Limits Urban Revitialiation Area _,.._... R-2 Ls1 •Ij IjI1 jimeri'n_r'��_jaw E City Limits Urban Revitalization Area/ Waterloo City Limits Existing CURA Boundary (Area NOT Included in CLURA) ElZoning Boundary 1 Miles R-4,R-P Figure 2 Page 458 of 469 City of Waterloo CLURA & Future Land Use Legend Future Land Use Agricultural Agricultural, Residential Potential Low Density Residential Mixed Residential: Low, Medium, High Density Residential; Professional Offices; Neighborhood Commercial Mixed Commercial: Medium to High Density Residential; Professional Offices; Compatible Commercial Area NOT Included In City Limits Urban Revitialiation Area Commercial Business Park: Professional Offices, Commercial; Compatible Light Industrial Industrial Parks, Open Spaces, Schools, Airport Government Facilities, Public Areas Semi -Public, Utilities, Hospitals, Railroad Figure 3 0.5 0 1 Miles 0 City Limits Urban Revitalization Area/ Waterloo City Limits ElExisting CURA Boundary (Area NOT Included in CLURA) Page 459 of 469 Table 1: Property Owners and Property Valuations This document is on file in the Office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. 19 Page 460 of 469 IMPORTANT NOTICE — PUBLIC HEARING MONDAY, MAY 15, 2023 AT 5:30 P.M., CITY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA. THE PURPOSE OF THE PUBLIC HEARING IS TO APPROVE A CITY LIMITS URBAN REVITALIZATION AREA (CLURA) PLAN FOR A FIVE-YEAR TERM. The Urban Revitalization Act authorizes city councils to designate an area of the city as a revitalization area. Improvements to qualified real estate within these designated areas may then be eligible to receive a total or partial exemption from property taxes for a specified number of years. The exemptions are intended to stimulate private investments by reducing the tax increases that would normally result from making improvements to real estate property. The purpose of the Act is to attract development and thereby to stabilize or increase the tax base within the designated areas. The area proposed for designation will be commonly known as the City Limits Urban Revitalization Area (CLURA) and will encompass all incorporated areas of the City of Waterloo except those areas legally described as follows: Beginning at a Point on the East line of Section 31 Township 89 Range 12 where the East line of said Section 31 intersects the Northeasterly line of the Cedar River; thence South along the East line of said Section 31 to its intersection with the Southwesterly line of the Cedar River; thence Southeasterly, Southerly, and Southwesterly following said Southwesterly line of the Cedar River to its intersection with the South line of Section 31 Township 89 Range 12; thence West along the South line of said Section 31 to the Southwest corner of said Section 31; thence West along the South line of Section 36 Township 89 Range 13 to the point of intersection with the East line of Lot 32 Garden Addition extended Southerly; thence North along the Southerly extension of the East line of Lot 32 Garden Addition, the East line of Lot 32 Garden Addition, and the extension Northerly of the East line of Lot 32 Garden Addition to the point of intersection with the centerline of Plymouth Avenue; thence West along the centerline of Plymouth Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the centerline of Lorraine Avenue; thence West along the centerline of Lorraine Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the south line of Hawthorne Avenue; thence West along the South line of Hawthorne Avenue to the Easterly line of Kimball Avenue; thence North along the East line of Kimball Avenue to the North line of Reber Avenue; thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail (formerly the Chicago & Northwestern Transit Co.); thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue; thence North along the West line of Fletcher Avenue to the South line of Black Hawk Road; thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the centerline of Ansborough Avenue, said centerline also being the East line of Section 28 Township 89 Range 13; thence North along the East line of said Section 28 to its intersection with the Easterly extension of the North line of Lot 19 Block 32 Downing Place; thence West along said Easterly extension of the North line of Lot 19 Block 32, and the North line of Lot 19 Block 32 said addition, and the Westerly extension of said line to the intersection with the East line of Lot 9 Kearns Addition; thence North along the East line of Lot 9 said addition to the Northeast corner of said Lot 9; thence Westerly and Northwesterly along the platted Northerly lines and arcs of Lots 9, 10, 11, 12, 13, 14, and 15 of Kearns Addition to the Northwest corner of Lot 15 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 26 Kearns Addition; thence Northwesterly following the Northerly lines (arcs) of Lots 26 and 27 Kearns Addition to the Northwest corner of Lot 27 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 41 said addition; thence Southwesterly following the Easterly lines (arcs) of Lots 41, 40, and 39 Kearns Addition to the Southeasterly corner of Lot 39 said addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of said lot; thence Northeasterly along the Easterly lines of Lots 56 & 55 said addition to the most Easterly corner of Lot 55 said addition; thence Northwesterly along the North 1 Page 461 of 469 lines (arcs) of Lots 55, 54, 53, 52, 51, 50, 49, 48, and 47 said addition, and the extension Northwesterly of the Northeasterly line (arc) of said Lot 47 to its intersection with the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of Linbud Lane; thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street, to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the point of intersection with the Northerly extension of the West line of Lot 1 Alabar Hills Second Addition; thence South on said extension of the West line of Lot 1 said addition, and the West line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 said addition to the Southwest corner of Lot 13 Alabar Hills Second Addition; thence South on a continuation of the last described course to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue as originally platted to its intersection with the South line of Section 21 Township 89 Range 13; thence West along the South line of said Section 21 to the Southwest corner of said Section 21; thence West along the South line of Section 20 Township 89 Range 13 to its intersection with the centerline of Progress Avenue; thence North along the centerline of Progress Avenue to the point of intersection with the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive, and an extension thereof, to the Westerly line of Midway Drive, (said point of intersection also currently a point on the Westerly Corporate Limits of the City of Waterloo); thence North following the current Westerly corporate limits of the City of Waterloo to a point on the centerline of Midway Drive where the North line of Lot W-3 Cedarloo Park, if extended Westerly, would intersect said centerline; thence East along said extension of the North line of said Lot W-3, and the North line of said Lot W-3, to the West line of Lot 21 Acorn Addition; thence South along the West line of Lot 21 Acorn Addition to the Southwest corner of said lot; thence Easterly along the South line of Acorn Addition to the Southeast corner of Lot 1 said addition; thence continuing along an extension of the last described course to its intersection with the centerline of Progress Avenue; thence South along the centerline of Progress Avenue to the point where the South line of Lot W-116 Cedarloo Park, if extended Westerly, would intersect said line; thence Easterly along the extension of the South line of Lot W-116 said addition, and the South line of Lot W-116 said addition to the Southeast corner of Lot W-116 said addition; thence South along the East line of Lot W-115 Cedarloo Park to the South line of Tract D of Pine Meadows Addition; thence East along said South line to the West line of Forest Hill Subdivision; thence South along the West line of Lots 10, 11, 12, 13, 14, 15, 16 & 17 said addition to the Southwest corner of Lot 17 said addition; thence Southeast along the Southerly line of Lot 17, and the extension thereof, to its intersection with the centerline of S. Hackett Road; thence North along the centerline of S. Hackett Road to the centerline of Maynard Avenue; thence East along the centerline of Maynard Avenue to its intersection with the extension Northerly of the West line of Paul's Replat of a Part of Lawless Addition; thence South along the Northerly extension of the West line of Paul's Replat of a Part of Lawless Addition, and along the West line of said addition to the North line of Tract A said addition; thence East along said North line to its intersection with the West line of H. Ray Hughes Addition; thence South along the West line of said addition to the centerline of Coachman Drive (said centerline also being a point on the West line of Tract B said addition); thence East along the centerline of Coachman Drive (296 feet more or less) to its intersection with the centerline of Carriage Hill Drive; thence South and Southeasterly along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue; thence South along the centerline of Stephan Avenue to the point where it would intersect the Westerly extension of the North line of Lot 45 Hansen Noble Addition; thence East along said Westerly extension of the North line of said Lot 45, and the North line of Lot 45 said addition to the Northwest corner of Lot 24 Hansen Noble Addition; thence South along the West line of Lots 24 and 23 said addition to the South line of Lot 23 said addition; thence East along the South line of Lot 23 said addition to the West line of Hanna Boulevard; thence Easterly in a straight line to a point on the East line of Hanna Boulevard that is 5.2 feet normally distant Southerly from the North line of Lot 1 said addition; thence Easterly along a line that is 5.2 feet normally distant Southerly of the North line of Lot 1 said addition to the East line of said Lot 1 Hansen Noble 2 Page 462 of 469 Addition; thence North along the East line of Lots 1 & 2 said addition to the North line of Lot 16 Block 4 Kreb's Addition; thence East along the North line of said Lot 16 to the Northeast corner of said lot; thence East along a continuation of the last described course to the centerline of Hickory Street; thence North along the centerline of Hickory Street to the point of intersection with the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition; thence East along the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 33 Block 5 said addition to the West line of Maxwell Street; thence Easterly in a straight line to the Southwest corner of Lot 10 Block 6 Kreb's Addition; thence East along the South line of said Lot 10 Block 6 said addition to the Southeast corner of said lot; thence North along the East line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 Block 6 of Kreb's Addition to the Northeast corner of Lot 1 Block 6 said addition; thence West along the North line of said Lot 1 to the Northwest corner of said Lot 1; thence continuing West along an extension of the last described course to the centerline of Maxwell Street; thence North along the centerline of Maxwell Street to the point of intersection of the Westerly extension of the South line of Lot 9 Block 3 Nelson Addition; thence East along said Westerly extension of the South line of Lot 9 Block 3, and the South line of Lots 9 and 10 Block 3 said addition, vacated Brender Street, and Lots 9 and 10 Block 2 said addition to the Southeast corner of Lot 10 Block 2 said addition; thence East on a continuation of the last described course to the centerline of Aladdin Street; thence Northerly along the centerline of Aladdin Street to the point of intersection with the centerline of Upton Avenue; thence West along the centerline of Upton Avenue to the intersection with the centerline of Galloway Court; thence North along the centerline of Galloway Court to the intersection with the centerline of Maynard Avenue (said point also being the point of intersection of the centerlines of Maynard Avenue and Joy Drive); thence Northerly and Northwesterly along the centerline of Joy Drive to the point of intersection with the extension Southerly of the East line of Lot 7 Block 1 of Clyde Miller Heights; thence North along the Southerly extension of the East line of Lot 7 Block 1 said addition and the East line of Lot 7 Block 1 said addition to the Northeast corner of said lot; thence Northeasterly along the Southeasterly line of Lot 3 Auditor's Whitney Road Plat to a point that is 89.2 feet Northeasterly of the Southwesterly line of Lot 3 said addition; thence Northwesterly along a line that is 89.2 feet Northeasterly of and parallel to the Southwesterly line of said Lot 3 to its intersection with the most Westerly line of said lot, said point also being a point on the most Easterly line of Lot 2 Block 1 of Clyde Miller Heights; thence Northeasterly along the most Easterly line of said Lot 2 to the Northeast corner of said lot; thence Northwesterly along the most Northerly line said Lot 2 to the Northwest corner of said lot, also being a point on the East line of Hanna Boulevard; thence North along the West line of Lot 1 Blockl Clyde Miller Heights, and an extension thereof to the North line of Rainbow Drive; thence Northwesterly along the Northerly line of Rainbow Drive to the Southeast corner of Lot 10 of Auditor's Whitney Road Plat; thence North to the Northeast corner of said Lot 10; thence Northwesterly along the Northerly line (curve) of Lots 10 and 11 of said addition to the point of intersection with the extension Southerly of the West line of Lot 12 Auditor's Whitney Road Plat; thence North along the Southerly extension of the West line of Lot 12 Auditor's Whitney Road Plat, and the West line of Lot 12 Auditor's Whitney Road Plat to the Northwest corner of said Lot 12; thence East and Southeasterly following the Northerly line of said Lot 12 to the Northwest corner of Lot 4 Sherwood Park; thence Southeasterly along the Northerly line of Lots 4, 3, 2, and 1 of Sherwood Park to the Northeast corner of said Lot 1 Sherwood Park; thence North in a straight line to the Southeast corner of Lot 5 Sherwood Park; thence Easterly in a straight line to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly following the South line of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 said addition to the Southeast corner of Lot 45 said addition; thence Southeasterly in a straight line to the most Westerly corner of Lot 1 Massey Pullman Diner Plat; thence Southeasterly to the Southeast corner of Lot 2 Massey Pullman Diner Plat; thence Southeasterly on an extension of the last described course to its intersection with the centerline of Relocated Ansborough Avenue; thence Northeasterly and Easterly along the centerline of Relocated Ansborough Avenue to the Centerline of Relocated West Conger Street; thence Northeasterly along said Centerline of Relocated West Conger Street across the Cedar River Bypass to the Southwesterly line of the main channel of the Cedar River; thence Northeasterly to the intersection of the 3 Page 463 of 469 centerline of Relocated Conger Street and the Northeasterly line of the main channel of the Cedar River; thence Northerly along said Northeasterly line of the Cedar River to the point where the centerline of West Parker Street, if extended Westerly, would intersect said Northeasterly line; thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the centerline of Cedar Bend Street; thence following the centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13; thence West along the South line of said Section to the Southwest corner of said Section; thence North along the West line said Section to the North line of the South one-half of said Section; thence East along said North line of the South one-half of Section 10 Township 89 Range 13 to the East line of said Section; thence East along the North line of the South one-half of Section 11 Township 89 Range 13 to the Southwest corner of the Southeast quarter of the Northeast quarter of Section 11 Township 89 Range 13; thence North along the West line of said Southeast quarter of the Northeast quarter to the Northwest corner of said Southeast quarter of the Northeast quarter; thence East along the North line of said Southeast quarter of the Northeast quarter to the East line of Section 11 Township 89 Range 13, which point is the Centerline of U.S. Highway 63 (also known as Logan Avenue); thence South along the Centerline of Logan Avenue to the Centerline of Ralston Road; thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek; thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line; thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660') North of and parallel to the South line of Section 13 Township 89 Range 13; thence East along said line to the East line of said Section; thence continuing Easterly along a line six hundred and sixty feet (660') North of and parallel with the South line of Section 18 Township 89 Range 12 to the East line of said Section; thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12; thence South along the East line of said Section to the centerline of Independence Avenue; thence East along the centerline of Independence Avenue to the West line of Skyview Road; thence South along the West line of Skyview Road to the North line of Osage Avenue (formerly Osage Road); thence West along the North line of Osage Avenue to the West line of North Evans Road; thence South along the West line of North Evans Road to the Southwesterly line of the Chicago Central & Pacific Railroad Right -of -Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, as currently established; thence Northwesterly and Southerly following the City Limit line as currently established to the point where it intersects the Northeasterly line of the Cedar River; thence Northwesterly along the Northeasterly line of the Cedar River to the point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa; and also, All that part of Section 2 Township 89 Range 13, in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights. The public hearing will be held at 5:30 p.m. on Monday, May 15, 2023 in the City Council Chambers at City Hall in Waterloo, Iowa. Any questions regarding the proposed plan or the public hearing should be directed to the Planning and Zoning Office at 319-291-4366 or by email at planning@waterloo-ia.org. Anyone who is interested may appear at such time and place and be heard or may file written objections or comments with the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703 before the date set for said hearing. By order of the City Council this 3rd day of April, 2023. Kelley Felchle, City Clerk 4 Page 464 of 469 NOTICE OF PUBLIC HEARING City Limits Urban Revitalization Area Plan The Waterloo City Council will hold a public hearing on the proposed City Limits Urban Revitalization Area (CLURA) plan on Monday, May 15, 2023, at 5:30 p.m. in the City Council Chambers, City Hall, 715 Mulberry Street, Waterloo. The CLURA plan would provide property tax abatement on the added value of qualified improvements for new home construction (one and two family and multi -family) and improvements for children's day care centers. The property you own or reside in is located in the proposed area of designation. The plan is available for public inspection in the Office of the City Planner at City Hall, 715 Mulberry Street. Comments may be submitted on or before the time of the public hearing to the Planning & Zoning Department by mail at 715 Mulberry Street, Waterloo, Iowa, 50703, by call at (319) 291-4366, or by email at planning@waterloo-ia.org. Page 465 of 469 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE MEETING DATE June 20, 2023 Ordinance establishing grades for the City of Waterloo FY 2023 Sidewalk Repair Assessment Program — Zone 2, Contract No. 1064. RECOMMENDED COUNCIL ACTION It is recommended these grades be adopted to comply with the State Code of Iowa so that the sidewalk assessment program can continue in a timely manner. SUMMARY STATEMENT AND BACKGROUND INFORMATION This is being submitted for Council approval as advised by the bonding attorneys. As per Section 384.39 of the State Code of Iowa, official grades shall be adopted for assessment purposes. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. SW Grades Ordinance -Zone 2 #1064 Page 466 of 469 Page 467 of 469 ORDINANCE NO. AN ORDINANCE ESTABLISHING GRADES FOR THE F.Y. 2023 SIDEWALK INSPECTION AND REPAIR PROGRAM —ZONE 2, CONTRACT NO. 1064, IN THE CITY OF WATERLOO, IOWA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: SECTION 1. BASE OF LEVELS: Bench Marks. That the base of levels or bench marks establishing the grades of all paved streets within the corporate limits of the City of Waterloo, Iowa, shall be indicated by permanent points from U.S.G.S. monuments at the following locations: USGS 1" Brass Plug USGS Disk #38 1934 USGS Disk #2 1933 USGS Disk USGS 635 Br. Cap USGS #117 JSC 965 USGS Mon TT2 USGS Mon USGS Conc. Mon USGS Mon 1610 USGS #L-11 1933 USGS Brass Plug Kimball (Center Headwall Culvert) Hackett (500' NW along RR tracks) 4th W. (Set in post SW cor of bldg) 18th (SW cor SW bridge) 18th (NE cor bridge over Cedar) Ansborough (West ROW) Wagner Rd. (80' N of Stoddard Mfg) Wagner Rd (NW cor bridge Sta. 75+50) Wagner Rd (NW cor bridge Sta. 60+75) Tammi Terrace (235' NW pl NW Lot) Shaulis (36' North) Nevada (End of flood wall) & San Marnan (@ 200' East) & Hackett (Post 46' SW or SW Rail) & South & 18th (SW cor SW bridge) & 18th (NE cor bridge over Cedar) & Shaulis (301' S. of CI) & Wagner Rd (80' N of Stoddard Mfg) & Wagner Rd (NW cor bridge Sta. 75+50) & Wagner Rd (NW cor bridge Sta. 60+75) & San Marnan (NW pl NW Lot) & Section 9-89-13 (46' E. E1/4 Cor) & Nevada (W. of National By -Prod) All Bench Marks elevations are by mean sea level elevation. 906.05 849.85 866.55 847.08 847.54 964.39 861.10 868.08 869.55 933.81 861.35 849.74 Section 2. STREET GRADES. All grades established by this ordinance or that may be established hereafter, shall be calculated from the bench marks established by Section One of this Ordinance and shall be calculated on the Centerline of the streets on which they are established. Section 3. GUTTERLINE GRADE. The gutterline grade of all streets with curbs and gutters shall be calculated at two percent (2%) slope below the Centerline grade, except in cases where, by reason of the natural slope and elevation of the ground, approved methods of construction, and benefits to abutting property, it is impractical to maintain under the existing conditions, such as elevation below the Centerline grade. Section 4. SIDEWALK GRADE. The grade of all permanent sidewalks shall, unless some special grade be established by ordinance, conform to the established grade of that part of the street upon which they are located and shall be elevated above such established gutterline grade one foot (1'), except in cases where, by reasons of the natural slope and elevation of the ground, approved methods of construction, and benefits to abutting property, it is impractical to maintain under the existing conditions, such an elevation above the established gutterline grade. Section 5. GRADES FOR STREETS. The grades for streets and sidewalks have been calculated and shall be in one of three divisions as follows: STREET W. 1st St. W. 1st St. W. 2nd St. W. 2nd St. W. 3rd St. W. 4th St. W. 4th St. DIVISION I -- IMPROVED STREETS (Street grades with existing ordinance number.) FROM Washington St. Wellington St. Washington St. Western Ave. Washington St. Washington St. Allen St. TO Wellington St. Locust St. Western St. Moir St. Hwy 63 Kimball Ave. Williston Ave. ORD # DATE VOL PAGE 5144 04/09/2013 2013 20995 3769 02/18/1991 294 846 5144 04/09/2013 2013 20995 3769 02/18/1991 294 848 5144 04/09/2013 2013 20995 5144 04/09/2013 2013 20995 3769 02/18/1991 294 846 -1- Page 468 of 469 STREET FROM TO ORD # DATE VOL PAGE W. 5th St. Washington St. Bayard St. 3769 02/18/1991 294 846 W. 6th St. Cedar River Bridge Allen St. 5144 04/09/2013 2013 20995 W. 6th St. Allen St. Williston Ave. 3769 02/18/1991 294 848 Allen St. W. Mullan Ave. W. 1st St 3769 02/18/1991 294 845 Allen St. W. 1st St. W. 2nd St. 4588 04/14/2003 2003 30002 Allen St. W. 2nd St. W. 6th St. 5144 04/09/2013 2013 20995 Allen St. W. 4th St. W. 7th St 3769 02/18/1991 294 845 Baltimore St. Sullivan St. W. 4th St. 5144 04/09/2013 2013 20995 Baltimore St. W. 4th St. Williston Ave 3769 02/18/1991 294 845 Baltimore St. Eureka St. Holm St. 4838 12/20/2006 2007 13876 Baltimore St. Eureka St. E. Mitchell Ave. 4932 04/17/2009 2009 19516 Bayard St. W. 3rd St. Williston Ave. 3769 02/18/1991 294 845 Belmont Ave. Randall St. W. Mullan Ave 3822 10/09/1991 298 311 Campbell Ave. W. 4th St. Vernon Ave. 5144 04/09/2013 2013 20995 Denver St. Sullivan St. Williston Ave. 3769 02/18/1991 294 845 Elmwood Ave. Locust St. Sullivan St. 5144 04/09/2013 2013 20995 Grant St. W. 4th St. W. 6th St. 5144 04/09/2013 2013 20995 Home Park Blvd. Sullivan St. Vernon Ave. 3769 02/18/1991 294 846 Kimball Ave. Reber St. Bertch Ave. 3769 02/18/1991 294 847 Kingsley Ave. Sullivan St. Vernon Ave. 3769 02/18/1991 294 847 Leland Ave. W. Mullan Ave. Oaklawn Ave. 3822 10/09/1991 298 311 Locust St. W Mullan Ave. W. 6th St. 5144 04/09/2013 2013 20995 Marsh Ave. Reber Ave. Campbell Ave. 5144 04/09/2013 2013 20995 Moir St. north dead end W. 2nd St. 5144 04/09/2013 2013 20995 Moir St. Summit St. W. 2nd St. 3769 02/18/1991 294 847 Moir St. W. 2nd St. Campbell Ave. 4588 04/14/2003 2003 30002 Moir St. Home Park Blvd. Kingsley Ave. 3769 02/18/1991 294 847 W. Mullan Ave. Washington St. Leland Ave. 5144 04/09/2013 2013 20995 W. Mullan Ave. Leland Ave. Wellington St. 3822 10/09/1991 298 310 W. Mullan Ave. Wellington St. Norimer St. 3769 02/18/1991 294 847 Norimer St. W. Wellington St. W. Mullan Ave. 3822 10/09/1991 298 312 Oaklawn Ave. Leland Ave. W. Mullan Ave. 3822 10/09/1991 298 311 W. Park Ave. Washington St. Wellington St. 5144 04/09/2013 2013 20995 Peoria St. Marsh St. Moir St. 4588 04/14/2003 2003 30002 Pleasant St. Western Ave. W. 6th St. 3769 02/18/1991 294 847 Randall St Virden St. Belmont Ave 3822 10/09/1991 298 311 Randolph St. W. Mullan Ave. W. 6th St. 5144 04/09/2013 2013 20995 Reber Ave. Sullivan St. Fletcher Ave. 3769 02/18/1991 294 848 South St. W. Mullan Ave. W. 6th St. 5144 04/09/2013 2013 20995 Sullivan Ave. Baltimore St. W. 4th St. 3769 02/18/1991 294 848 Summit Ave. Sullivan St. Moir St. 3769 02/18/1991 294 848 Sunnyside Ave University Ave. W. Wellington St. 3822 10/09/1991 298 311 Sunnyside Ave. W. Wellington St. W. Mullan Ave. 5193 04/02/2015 2015 15544 University Ave. W. Mullan Ave. Virden St. 4650 04/01/2004 2004 22481 Vermont St. W. 2nd St. W. 4th St. 5144 04/09/2013 2013 20995 Vermont St. W. 4th St. Williston Ave. 3769 02/18/1991 294 848 Virden St 260' N of Leland Ave. Randall St. 3822 10/09/1991 298 311 Washington St. W. Mullan Ave. W. 6th St. 3769 02/18/1991 294 849 Wellington St. W. Mullan Ave. W. 6th St. 5144 04/09/2013 2013 20995 W. Wellington St. W. Mullan Ave. Norimer St. 3822 10/09/1991 298 310 W. Wellington St. Norimer St. cul-de-sac 4650 04/01/2004 2004 22481 Western Ave. W. Mullan Ave. W. 4th St. 5144 04/09/2013 2013 20995 Western Ave. W 4th St. Williston Ave. 3769 02/18/1991 294 849 Williston Ave. W 4th St. W. 6th St. 3769 02/18/1991 294 849 -2- Page 469 of 469