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HomeMy WebLinkAboutCouncil Packet - 9/18/2023Amended Council Agenda Council Meeting September 18, 2023 Public Hearing Item 5: Prefabricated Shelter at 3233 Ansborough Avenue Project, Contract No. 1087. To add information for an award of contract. Resolution approving the award of bid to CellSite Solutions, LLC of Cedar Rapids, Iowa, in the amount of $121,500.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Prefabricated Shelter at 3233 Ansborough Avenue Project, Contract No. 1087, and authorizing the Mayor and City Clerk to execute said documents. REMOV Ordinance Item 1: An ordinance establishing a sidewalk cafe program. CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, September 18, 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 the Crossroads Mall area into a sports/recreation-themed gravitational center. 6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the needs of future generations, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public Page 1 of 295 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, Kelley Felchle, City Clerk. Approval of Agenda, as proposed or amended. Approval of Minutes of September 5, 2023, Council Regular Session as proposed or Page 2 of 295 amended. Proclamation declaring September 23, 2023, as Women in Politics Day. Proclamation declaring September 18-22, 2023 as Constitution Week. 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. A resolution stating the City will not use eminent domain powers for the installation of fiber optics as part of EDA Project Phase II Fiber Expansion, Grant No. 05-79-06185, and authorizing the Mayor and City Clerk to execute said document. 3. Resolution approving the sale of a Ford tractor in the amount of $300.00 to Bob Stanley. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving the request of Jodi McKinstry, for a waiver for a concrete driveway, located at 930 Kingsley Avenue, approach on Vernon Avenue, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right- of-way on an unimproved street. 5. Resolution setting date of public hearing as October 2, 2023, to approve a request by the City of Waterloo to vacate a 45-foot utility easement along the south property line of Lot 6 of Wagner Road Subdivision in the "M-1" Light Industrial District, located north of 3488 Wagner Road, and instruct the City Clerk to publish notice. 6. Resolution setting date of public hearing as October 2, 2023, to approve a request by M&MB Legacy for a Site Plan Amendment for a 5,990 square foot commercial building in the "M-2,P" Planned Industrial District, located southeast of 2425 GT Drive, and instruct the City Clerk to publish notice. 7. Resolution setting a date of public hearing as October 2, 2023, to approve a request by PMW Companies, LLC, for Site Plan Amendment in the "B-P Business Park District for commercial development including two 138,000 square foot buildings, one 20,000 square foot building, and one 5,000 square foot commercial building in phase one and Page 3 of 295 425,000 square feet of buildings in future phases located north and east of 4719 Ansborough Avenue at the southeast corner of the Ansborough Avenue and US Highway 20 interchange, and instruct the City Clerk to publish notice. 8. Resolution setting date of public hearing as October 2, 2023, for the sale and conveyance of city -owned property located at 628 W. Parker Street, in the amount of $11,000.00, to Kevin E. Rose and Michelle L. Rose, including a Development Agreement, and instruct the City Clerk to publish notice. 9. Resolution setting date of public hearing as October 2, 2023, for the sale and conveyance of city -owned property located at 1525 Oakwood Drive, in the amount of $15,100.00, to Castro Properties, LLC, including a Development Agreement, and instruct the City Clerk to publish notice. 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $1,309,693.51, in conjunction with the FY 2022 Hyper Drive R.I.S.E. Project, Contract No. 1051, and receive and file a two-year maintenance bond. 11. Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorizing the City Clerk to notify the Black Hawk County Treasurer of said cancellation. 12. Resolution approving a Variance to the Noise Ordinance Application from Chad Shipman, for the Iowa Oktoberfest event to be held on September 29 and 30, 2023, from 11:00 a.m. to 11:00 p.m., at 518 Sycamore Street, including live music and the use of a PA system. 13. Motion to receive and place on file the City of Waterloo's submitted 509A Application for Renewal and Statement of Actuarial Opinion for FYE2023. 14. Motion approving Change Order No. 3 with Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for a net increase of $64,081.50, in conjunction with FY 2023 CIP Pipelining Phase IVA3 Project, Contract No. 1063, and authorizing the Mayor to execute said document. 15. Motion approving the appointment of Lontavius Jordan from the current Civil Service list to the position of Rehab Specialist in the Community Development Department, effective October 2, 2023. 16. Motion approving appointment of Yvonne Brimmer to the position of Administrative Secretary in the Public Works Department, effective September 25, 2023, pending pre- employment physical and drug testing. 17. Motion approving the appointment of Tracey Southall from the current Civil Service list to the position of Housing Manager in the Community Development Department, effective September 25, 2023. 18. Brandon Schoborg Board/Commission: Planning and Zoning Commission Expiration Date: 9/18/2026 Renewal. 19. Arlene Humble Board/Commission: Airport Board Expiration Date: 9/18/2027 (New) Page 4 of 295 20. Communication from the Engineering Department on the notice of the conclusion of employment of Dennis Gentz, Assistant City Engineer, effective August 18, 2023, with recommendation of approval of payout of $26,152.04 for unused benefits. 21. Communication from the Library Department on notice of the conclusion of employment of Kay Miller, Library Assistant, effective August 20, 2023, with recommendation of approval of payout of $1,420.58 for unused benefits. 22. Communication from the Library Department on notice of the conclusion of employment of Deborah Aalfs, Library Assistant, effective August 19, 2023, with recommendation of approval of payout of $5,511.53 for unused benefits. 23. Liquor Licenses a. Bamboo Ridge Campground, 4550 La Porte Rd, Class B Alcohol w/Sunday Sales (New) Exp: 9/13/2024. b. Landmark Commons, 1400 Maxhelen Blvd., Class F Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 8/31/2024. c. Prime Mart 5, 508 Broadway St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 9/15/2024. d. All in Grocers, 221 Franklin St., Class E Alcohol w/Sunday Sales (New) Exp: 9/24/2024. e. Anton's Garden, 518 Sycamore St., Class C Alcohol w/Outdoor Service and Sunday Sales (New - Extending Outdoor Sales from 9/29-30/2023) Exp: 10/1/2023. 24. Bonds. PUBLIC HEARINGS 1. Waterloo Public Library 2023 Interior Renovations Project, Contract No. 28439. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. Resolution approving award of bid to Woodruff Construction of Waterloo, Iowa, base bid amount of $289,700.00 with Alternate 2 deducted in the amount of $25,000.00 for a total award of bid in the amount of $264,700.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Waterloo Public Library 2023 Interior Renovations Project, Contract No. 28439, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: David Eckert, Library Director 2. Sale and conveyance of city -owned property located at 3921 Midway Drive, in the amount of $15,000.00, to Dustin Arends d/b/a Arends Investments, including a Development Agreement. Page 5 of 295 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file Motion to close hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of city -owned property located at 3921 Midway Drive, in the amount of $15,000.00, to Dustin Arends d/b/a Arends Investments, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Dustin Arends d/b/a Arends Investments, in conjunction with the demolition of the existing home at 3921 Midway Drive and construction of a duplex on the property, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 3. FY 2024 Sidewalk Repair Assessment Program - Zone 3 Project, Contract No. 1082. Motion to receive and file proof of publication notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Resolution approving proposed construction of sidewalk improvements. Resolution to fix the value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Submitted by: Jamie Knutson, City Engineer 4. FY 2024 Sidewalk Repair Assessment Program - Zone 3 Project, Contract No. 1082. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. Resolution approving award of bid to Brock Even Construction, LLC, of Jesup, Iowa, in the amount of $171,241.25, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2024 Sidewalk Repair Assessment Program - Zone 3 Project, Contract No. 1082, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Jamie Knutson, City Engineer 5. Prefabricated Shelter at 3233 Ansborough Avenue Project, Contract No. 1087. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. Resolution approving award of bid to of in the amount of $ , approving the contract, bonds, and certificate of insurance, in conjunction with the Prefabricated Shelter at 3233 Ansborough Avenue Project, Contract No. Page 6 of 295 1087,and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Kelley Felchle, City Clerk RESOLUTIONS 1. Resolution approving a Professional Services Agreement with Fishbeck of Kalamazoo, Michigan, in the amount of $46,327.00, with optional services in the amounts of $2,204.00 for additional data collection dates, $4,600.00 for geolocation and condition of street meters, and $4,240.00 for initial findings 50 percent workshop (onsite), in conjunction with the Comprehensive Downtown Parking Study, and authorizing the Mayor to execute said document. Submitted by: Bridgett Wood, Finance Director 2. Resolution approving a Vehicle and Fuel Maintenance Agreement with the Municipal Telecommunications Utility of the City of Waterloo, in the amount of $.05 per gallon above the price paid by City departments for fuel and $56.00 per hour for vehicle maintenance Service Technician services, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Randy Bennett, Public Works Division Manager 3. Resolution approving an agreement with the Municipal Telecommunications Utility of the City of Waterloo, in the amount of $1,000.00 per month for administrative office space and two parking stalls, cost to increase to $2,000.00 per month as the utility expands and needs room for construction equipment, supplies mezzanine and outdoor space, $45.00 per month per phone line, a pro -rated basis of electric utilities based on occupied square footage, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Randy Bennett, Public Works Division Manager 4. Resolution approving the renewal of a Janitorial Services Agreement with Midwest Janitorial Service, Inc., of Hiawatha, Iowa, in the amount of $11,399.62 per month, effective September 1, 2023, through August 31, 2025, and authorizing the Mayor to execute said document. Submitted by: Greg Ahlhelm, Building Offical 5. Resolution approving a Service Agreement with Electrical Engineering and Equipment Company of Des Moines, Iowa, in the amount of $7,700.00 per year, for a period of three years ending August 2026, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Randy Bennett, Public Works Division Manager ORDINANCES 1. An ordinance establishing a sidewalk cafe program. Motion to receive, file, consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by establishing a new Article G, Sidewalk Cafe, of Chapter 4, Businesses Relating to Sales, of Title 3, Business and License Regulations. Motion to suspend the rules. Page 7 of 295 Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: John Chiles, Ward 1 Coucnil member ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 8 of 295 September 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 Tuesday, September 5, 2023. Roll Call. Mayor Pro-Tem Ray Feuss in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton - Smith, Mr. Grieder, Ms. Wilder, and Mr. Feuss. Absent: Mr. Chiles. Prayer or Moment of Silence. Pledge of Allegiance, Ray Feuss, Ward 5 Council Member. Ray Feuss - Ward 5 Council Member. Approval of Agenda. Grieder/Wilder that the agenda as amended to remove consent agenda item No. 8 to be considered at a later date, be approved. Voice vote -Ayes: Six. Motion carried. Approval of Minutes of the August 14, 2023, Special Session and the August 21, 2023, Regular Council Session, as proposed or amended. Grieder/Wilder that the minutes for August 14, 2023, Special Session, and the minutes of August 21, 2023, Regular Session, as proposed, be approved. Voice vote -Ayes: Six. Motion carried. Proclamation declaring September 4-9, 2023 as Focus on Diabetes Awareness Week. Proclamation declaring September 2023 as National Suicide Prevention and Action Month. Proclamation declaring September 2023 as Hunger Action Month. PUBLIC COMMENTS Charles Pearson, 127 Adams Street, spoke regarding Civil Rights markers, approved by the Historical Preservation Commission, and feels the Civil Rights Interpretation Project done in 2016 should have been used by Zahn along with the Smokey Row Survey. Mr. Pearson also feels the Community should be aware of the 2016 Civil Rights Grant application submitted to the National Parks Service, as this is a disservice to the black community. Mitchell DenHartog, 1013 Western Ave., spoke in his opposition to the council's repeal of the Page 1 of 10 Page 9 of 295 conversion therapy ordinance. Lawrence Stumme, 1008 Lois Lane, spoke regarding what he feels are the dangerous and neglected living conditions in the predominantly black community, north of the Cedar River. Mr. Stumme provided a handout for the council. Dr. Michael Blackwell, 5125 Millenium Drive, Cedar Falls, spoke regarding the EPA contamination study citing contaminated groundwater at the former Chamberlain site and suggested compensation for residents in the area. Dwayne Eilers, 1205 1/2 Bishop Ave., commented on code enforcement and First Amendment violations. George Meeks, 609 E. Donald Street, inquired about the Zahn historical study and questioned the qualifications of the author. Noel Anderson, Community Planning and Development Director explained the City received a federal grant for the study and stated the historian had to have certain qualifications to be selected through a consultant selection process and that he is working on finding additional grant funds to continue with this work. Mr. Meeks stated he has confidence in the council and appreciates Mr.Boesen's candor. Todd Obadal, 124 Amity Drive, spoke regarding the transparency of the city and made allegations regarding compromised elections for the open 4th Ward seat and his objections to the time spent on the conversion therapy ordinance and the final repeal of that ordinance. Mr. Grieder announced a public session on September 11, 2023. Mr. Nichols reminded attendees of the Cedar Valley Diabetes event this weekend, encouraged the public to attend, and reminded everyone that the 2023 parade of homes is happening soon. Ms. Creighton -Smith stated she also feels the Zahn historical report is inaccurate and leaves out information with regard to the black community and that there needs to be greater community input going forward. With regards to the homes in the community that are unsafe/ dilapidated and the Chamberlain site, she shares those concerns and appreciates the input from the community. Grieder/Nichols to close public comments. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA Grieder/Nichols that the following items on the consent agenda be received, placed on file, and approved, including the payments of the bills for August 28, 2023, in the amount of $6,131,704.20 and September 5, 2023, in the amount of $2,052,597.75, be approved. Roll Call vote -Ayes: Six. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Page 2 of 10 Page 10 of 295 Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-526. Resolution approving the request of Jason Strelow for a waiver to use an asphalt overlay on the sidewalk section of the concrete approach located at 950 Sheerer Avenue. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-527. Resolution approving the request of Patricia Mitchell for a waiver for a concrete driveway, located at 1327 Shultz Street, with the elimination of sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-528. Resolution approving installation of a speed hump close to 217 Shilliam Avenue. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-529. Resolution authorizing an exception to the purchasing policy for the purchase of a 2020 Escape Hybrid, demo unit, for the Planning and Zoning Department, in the amount of $34,190.00. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-530. Resolution approving the cancellation of assessments for properties listed on Exhibit A, and authorizing the City Clerk to notify the Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-531. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 5, 2023, and date of public hearing as October 16, 2023, in conjunction with the FY 2022 Airline Passenger Terminal Parking Canopy Structure Project, Contract No. 0004232, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-532. Resolution setting date of public hearing as September 18, 2023, for the sale and conveyance of city -owned property located at 3921 Midway Drive, in the amount of $15,000.00, to Dustin Arends d/b/a Arends Investments, including a Development Agreement, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-533. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 21, 2023, and date of public hearing as October 2, 2023, in conjunction with Demolition and Site Clearance Services, Contract No. D-2023-09-06P, located at 1804 E. 4th Street, 637 Ankeny Street, 207 Lafayette Street, 208 Sunnyside Avenue, 212 Sunnyside Avenue, and 1318 Martin Road, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-534. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 13, 2023, and date of public hearing as September 18, 2023, in conjunction with the Waterloo Public Library 2023 Interior Renovation Project, Contract No. 28439, and direct City Clerk to publish said notice. Page 3 of 10 Page 11 of 295 Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-535. Motion to approve Change Order No. 8 with Vieth Construction Corporation of Cedar Falls, Iowa, for a net increase of $3,162.50, in conjunction with the Five Sullivan Brothers Plaza Renovation Project, and authorizing the Mayor to execute said document. Motion approving Change Order No. 2 with Woodruff Construction of Waterloo, Iowa, for a total decrease of $28,896.99 in conjunction with the FY 2023 Gates Park Improvements Project, Contract No. 1076, and authorizing the Mayor and City Clerk to execute said document. Motion approving Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net decrease of $24,612.66, in conjunction with the FY 2021 E. Shaulis Rd. Trail Extension - Phase II, Contract No. 1012, 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 Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $330,205.22, in conjunction with the FY 2021 E. Shaulis Rd. Trail Extension - Phase II, Contract No. 1012. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-536. Motion approving Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net decrease of $38,651.61, in conjunction with the FY 2021 Commercial St., Katoski Drive, and Hawkeye Road, Right Turn Lane Reconstruction, Contract No. 1024, 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 Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $2,042,138.61 in conjunction with the FY 2021 Commercial Street, Katoski Drive and Hawkeye Road Right Turn Lane Reconstruction Project, Contract No. 1024, and receive and file a two- year maintenance bond. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-537. Motion approving Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net decrease of $20,935.90, in conjunction with the FY 2022 Hyper Drive R.I.S.E. Project No. RM 8155(778)-9D-07, Contract No. 1051, and authorizing the Mayor and City Clerk to execute said document. Motion approving Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $10,507.57, in conjunction with the FY 2023 Sergeant Road Trail Bridges No. 2 and No. 3 Replacement Project, Contract No. 1070, and authorizing the Mayor and City Page 4 of 10 Page 12 of 295 Clerk to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $338,171.77, in conjunction with the FY 2023 Sergeant Road Trail Bridges No. 2 and 3 Replacement Project, Contract No. 1070, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-538. Resolution rescinding Resolution No. 2022-508, approving a five-year business property lease agreement, rescinding Resolution No. 2022-509, authorizing the sale and conveyance of property in the South Waterloo Business Park for $1.00, and rescinding Resolution No. 2022- 510, approving a development agreement, all between the City of Waterloo and International Investment Risk Trust, LLC. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-539. Motion approving Solicitation Registration Application by David Grimm, on behalf of Disabled American Veterans, to raise funds for Service to Veterans. Motion approving appointment of Kim Bahr to the position of Assistance Finance Director in the Finance Department, effective September 6, 2023. Tina Hummel Board/Commission: Community Development Board Expiration Date: 9/5/2026. Renewal Liquor Licenses a. Grout Museum, 503 South St., Special Class C Alcohol w/Sunday Sales (Renewal) Exp: 2/23/2024. b. Family Dollar #21424, 1120 Franklin St., Class B Wine/C Beer w/Sunday Sales (Renewal) Exp: 8/8/2023. c. K-Zar, 1761 Independence Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/13/2024. d. Mama Nick's Circle Pizzeria, 1934 Washington St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 9/9/2024. e. Top of Iowa Lucky Wife, 257 Ansborough Ave., Suite 240, Special Class C Alcohol w/Outdoor Service and Sunday Sales (New/5-Day) Exp: 9/24/2023. f. Queen of Peace Church, 320 Mulberry Ave., Special Class C Alcohol w/Outdoor Service and Sunday Sales (New/5-Day) Exp: 9/14/2023. g. Applebee's 2780 Crossroads Blvd., Class C Alcohol w/Sunday Sales (Renewal) Exp: 6/23/2024. h. Newton's Paradise Cafe, 128 E. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 9/17/2024. i. Fraternal Order of Eagles, 202 E. 1st St., Class F Alcohol w/Outdoor Service and Page 5 of 10 Page 13 of 295 Sunday Sales (Renewal) Exp: 7/14/2024. Motion approving Cigarette/Tobacco Permit Applications: a. Placo Smoke & Vape Shop, 1010 E. Mitchell Ave., #8. b. Kwik Star #715, 135 E. Ridgeway Ave. Board of Adjustment Regular Meeting minutes July 25, 2023. Historic Preservation Commission minutes of July 18, 2023. Leisure Services Commission Board minutes of July 11, 2023. Planning, Programming, and Zoning Commission minutes of July 11, 2023. Bonds. RESOLUTIONS Resolution approving construction plans for grading, paving, water main, sanitary sewer, and storm sewer serving the Paradise Estates First Addition Phase 1, as submitted by YTT Design Solutions, of Cedar Rapids, Iowa, Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Grieder/Nichols Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-540. Resolution approving the award of hotel/motel tax council discretionary funds to Waterloo Leisure Services, in the amount of $20,000.00, for the replacement of field turf at the SportsPlex. Grieder/Nichols Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-541. Page 6 of 10 Page 14 of 295 Resolution approving a 50-year Ground Lease Agreement with the Iowa Guard Bureau for approximately 3.18 acres at the Waterloo Regional Airport, effective September 1, 2023 - August 31, 2043, for future construction of a dedicated taxiway from the approach end of Runway 30 to the Southwest corner of the aircraft operations apron of the Army Aviation Support Facility, with an annual fee of $1,050.00, and authorizing the Mayor and City Clerk to executed said document. Grieder/Nichols Roll call vote -Ayes: Six. Motion carried Resolution adopted and upon approval by the Mayor Pro Tem assigned No. 2023-542. Resolution approving Lease Agreement No. GS-06P-LIA00522, with the General Services Administration for 1,083 rental square feet of office space for the Department of Homeland Security dba the Transportation Security Administration for a term of 10 years (5 years fixed) commencing November 1, 2023 - October 31, 2033 (if both terms are executed), for an annual total of $32,598.30 in airport department revenue, and authorizing the Mayor and City Clerk to execute said document. Nichols/Grieder Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-543. Resolution approving Memorandum of Understanding with the Iowa Department of Natural Resources to implement a Residential Tree Program, and authorizing the Mayor to execute said document. Nichols/Grieder Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-544. Resolution approving a Purchase Agreement with FieldTurf USA of Calhoun, Georgia, in the amount of $272,943.64, in conjunction with the Sportplex Field Turf Replacement Project, and authorizing the Mayor to execute said documents. Nichols/Grieder Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-545. David Dreyer, 3145 W. 4th Street, questioned how long the turf has been in the Complex and how long will the new turf will last. Paul Huting, Leisure Services Director explained, the current turf has worn spots and the seams split, creating a health hazard, that the current turf is ten years old, and that the new turf has a ten-year warranty but is expected to last longer. Grieder commented that the use is good, space rentals has created revenue to help pay for the new turf, and that hotel -motel funds pay for some of the costs as events are held there. Mr. Boesen requested an overview of the tree program. Paul Huting explained the DNR is promoting the new National Forestry Service tree program to replace trees lost from the Emerald Ash Borer. Page 7 of 10 Page 15 of 295 Resolution approving a Professional Engineering Services agreement with ISG of Waterloo, Iowa in the amount of $2,200.00, in conjunction with the Irving School Traffic Enhancement, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-556. Resolution approving a request by the Overland Group on behalf of landowner Kim A. Vrbicek to petition voluntary annexation, to annex approximately 12.23 acres of land, generally located south of 5829 La Porte Road, for the purpose of constructing a Dollar General Store. Boesen/Nichols Roll call vote -Ayes: One. Nays: Five. (Boesen, Nichols, Creighton -Smith, Grieder, Wilder). The resolution failed assigned No. 2023-547. Robert Mews, 5925 Foulk Road, spoke in opposition to the Dollar General application, stating he is concerned about flooding in the area and that there were issues with the DOT with this project and the county engineer, this is a busy access area and would be a stand-alone business and not a good fit for the community. Noel Anderson reviewed the history of the project and applications by Dollar General regarding the driveway off Hwy. 218, stated the City could rezone to match the existing property in that corridor and would be a good match and that, in terms of flooding and stormwater would have to follow Waterloo's current standards. Mr. Boesen stated he is opposed to the application and further commercial development in the country. Mr. Boesen feels this is a congested, dangerous intersection that would make it worse, and that he could only support the project if they could guarantee a stop light at the intersection. Mr. Grieder stated he shares Mr. Boesen's concerns, that this stretches City Services, and it's a busy corridor. Resolution approving a Temporary Easement Agreement with Fischels Holdings LLC, in the amount of $210.87, for 886 square feet, located at 1102 South Street, in conjunction with the South Street and W. 9th Street Roundabout Construction Project, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-548. David Dreyer, 3145 W. 4th Street questioned why the easement is being signed after completion of the project. Noel Anderson, Community Planning and Development Director explained several easements were signed during the project, and that this one was missed when the others were signed. Therefore, they are following up on it now. Resolution approving an Encroachment Agreement with Align Architecture on behalf of JSA Development to allow for a handicap ramp to be installed in the right-of-way in front of 716 Page 8 of 10 Page 16 of 295 Commercial Street. Boesen/Creighton-Smith Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-549. Resolution approving a Development and Ground Lease Agreement with the Waterloo Development Corporation for a period of eighteen months, in the amount of $10.00, including a grant of $2,695,704.00, for property located north of 250 Westfield Avenue, and authorizing the mayor and city clerk to execute said documents. Boesen/Creighton-Smith Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2023-550. David Dreyer, 3145 W. 4th Street, asked for an explanation of the project. Noel Anderson, Community Planning and Development Director explained the project is a hard court basketball and volleyball facility in the downtown area primarily for traveling team tournament rentals in partnership with the Sportsplex to draw those teams into the area. He further explained this is a Brownfields site, so the City is working with the contractor on the soil testing and removing contaminants to make it shovel -ready, which has to be done regardless of what project goes there. Forest Dillavou, 1725 Huntington Road, feels the citizens of Waterloo need to know about the project as it is nearly three million dollars and questions what is in it for the taxpayers and the additional debt to taxpayers. Jim Miller, 1734 Dakota Drive, Waterloo Development Corporation, explained this is a $39 million project, and ongoing operations will not fall on the city. WDC is currently doing fundraising for the project and the complex will bring teams from all over the Midwest and is a great opportunity for Waterloo. Mr. Boesen stated he supports the project, but is disappointed in the lack of communication to the council. and asked that these projects be brought to the Council's attention sooner. Ms. Creighton -Smith stated she agreed with Mr. Boesen. ORDINANCES An ordinance amending the City of Waterloo Traffic Code by amending Section 553, No Parking Here to Corner, by adding subsection (80a) N. Hackett Road to Section 553 of the Traffic Code. Grieder/Wilder to receive, file, consider, and pass for the first time. Roll Call Vote -Ayes: Six. Motion carried. Grieder/Wilder to suspend the rules. Roll Call Vote -Ayes: Six. Motion carried. Page 9 of 10 Page 17 of 295 Grieder/Wilder to receive, file, consider, and pass for the second and third times and adopt said ordinance. Roll Call Vote -Ayes: Six. Motion carried. The ordinance adopted and upon approval by Mayor Pro Tem assigned No. 5721. Mr. Grieder questioned if there were any public comments about this change. Mohammad Elahi, Traffic Operations Director, explained the ordinance was developed as a result of public comment. CLOSED SESSION Executive Session on the purchase of Real Estate pursuant to Iowa Code Section 21.5(1)(j). Grieder/Creighton-Smith to adjourn to an executive session at 6:45 p.m. to discuss the purchase of real estate, pursuant to Iowa Code Section 21.5(1)(c). Voice vote -Ayes: Six. Motion carried. Grider/Wilder to adjourn from the executive session at 6:59 p.m. Voice vote -Ayes: Six. Motion carried. Executive Session on the purchase of Real Estate pursuant to Iowa Code Section 21.5(1)(j). Boesen/Wilder to adjourn to an executive session at 7:00 p.m. to discuss the purchase of real estate with counsel, pursuant to Iowa Code Section 21.5(1)(c). Voice vote -Ayes: Six. Motion carried. Nichols/Grieder to adjourn from the executive session at 7:10 p.m. Voice vote -Ayes: Six. Motion carried. Executive Session on the purchase of Real Estate pursuant to Iowa Code Section 21.5(1)(j). Boesen/Nichols to adjourn to an executive session at 7:10 p.m. to discuss the purchase of real estate with counsel, pursuant to Iowa Code Section 21.5(1)(c). Voice vote -Ayes: Six. Motion carried. Grieder/Creighton Smith to adjourn from the executive session at 7:22 p.m. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT Nichols/Grieder that the Council adjourns at 7:23 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 10 of 10 Page 18 of 295 NMI • SO CITY OF WAOO, IOWA millotEks• WHEREAs, WHEREITts, WHEREits, litHEREAs, PROCLAMATION discouragement and underrepresentation of women in the political field is an ongoing issue facing all citizens of the United States and citizens of Waterloo; and we must actively work to encourage and support the women that are interested in the political field to get involved; and we recognize and celebrate the talent, bravery, and dedication of the incredible women paving the way in the political field focally, state --wide, and federally; and we recognize and celebrate the women in the political spotlight just as we recognize and celebrate the women working hard behind the scenes; and we recognize the birthday of Victoria Woodhull (September 23rd), the first woman to run for president when she did not have the right to even vote in the election, and celebrate her lasting impact as the first woman brave enough to run; NOW, THEREFORE, BE IT RESOLVtD I, Mayor Quentin Hart, do hereby proclaim September 23, 2023, as WOMEN IN POLITICS DAY And turn to the members of our community to recognize and celebrate the women we know and love to be political powerhouses, and to encourage the women in our lives to advocate for those things they are passionate about by participating in polities. IN WITNESS WHEREOF, have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 18th day of September 2023. ATTEST: elley F City Cler chle Quentin Hart Mayor • Page 19 of 295 CITY OF WATERLOO, IOWA PROCLAMA11ON WHEREAS, September 18, 2022, marks the two hundred thirty-fifth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 18 through 22 as Constitution Week. NOW, THEREFORE, 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of September 18-22, 2023, as CONSTITUTION WEEK In Waterloo, Iowa, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 18th day of September 2023. Page 20 of P' OMB Number: 0610-0096 Expiration Date: 01/31/2025 Part Three Owner's Certification Regarding Eminent Domain I, Quentin Hart the undersigned (Insert Name) Mayor of the Owner, (Insert Title) referenced in Part One above, do hereby certify and confirm that: 1. The Owner will not use any available power of eminent domain (including the commencement of eminent domain proceedings) for the purpose of advancing the economic interests of private parties in connection with any property comprising the Project. 2. To the best of my knowledge and belief, prior to the Effective Date of this Certification, the Owner has not exercised any available power of eminent domain (including the commencement of eminent domain proceedings) for the purpose of advancing the economic interests of private parties in connection with any property comprising the Project. 3. The Owner was or will be required to properly use an available power of eminent domain in connection with the following aspects of the Project. (If more space is needed, please attach additional documentation describing the location and purpose of the Owner's proper use of eminent domain as an attachment and label each additional page "Exhibit 3A". If the use of eminent domain is not anticipated, please mark this section "N/A"). N/A 4. If an available power of eminent domain may be used in connection with the Project, the Owner will immediately contact the EDA regional office. 5. I am authorized on behalf of the Applicant to make this Certification which is binding on the Applicant. WITNESS MY HAND, this the day of , 20 Owner's Signature 715 Mulberry Street Address Waterloo IA City State 319-291-4301 Telephone Economic Development Administration Page 5/5 Site Certificate Page 21 of 295 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 September 18, 2023 AGENDA ITEM TITLE Resolution approving the sale of a Ford tractor in the amount of $300.00 to Bob Stanley. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Recently, the City of Waterloo became the owner of 628 W. Parker Street through 657a court action. Included with this property was a vintage Ford tractor. The City has received an offer, in the amount of $300.00, from Bob Stanley to purchase the tractor. The tractor is not in running condition and does not have all the original parts. Similar tractors have a value range of between $500.00 - $1,000.00, but poor condition and non -original parts do affect the value. The staff feels $300.00 is a reasonable offer. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 22 of 295 ATTACHMENTS 1. Tractor pic 1 2. Tractor pic 2 3. Tractor pic 3 Page 23 of 295 -: • 4 • . "4, 'N.% , s Page 25 of 295 t X Page 26 of 295 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Resolution approving the request of Jodi McKinstry, for a waiver for a concrete driveway, located at 930 Kingsley Avenue, approach on Vernon Avenue, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.AII work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 27 of 295 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION WOODLAWN LOT 9 BLK 8 ATTACHMENTS 1. DW Waiver_930 Kingsley Ave Page 28 of 295 Date: 00/ -On Honorable ]Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: WAIVER RECEIVED / ! :4 -.yl CITY ENGINEERS WATERLOO, lA I hereby request a waiver to the riveway and sidewalk specifications for the construction of a driveway or sidewalk located at �(concret or asphalt) /3o 5 Addr '� ) This waiver is needed because of: special surface texture to be used on the concrete approach (Le., 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: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. (Please make payment to: City of Waterloo.) Respectfully submitted, inch lA%-1 Printed Name of Property Owner ' Page 29 of 295 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 September 18, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as October 2, 2023, to approve a request by the City of Waterloo to vacate a 45-foot utility easement along the south property line of Lot 6 of Wagner Road Subdivision in the "M-1" Light Industrial District, located north of 3488 Wagner Road, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant requests to vacate a 45' utility easement located along the southern property line of Lot 6 of Wagner Subdivision north of 3488 Wagner Road. The easement supposidly already existed prior to when the Wagner Road subdivision was created by resolution 2017-134 on February 20, 2017. According to the plat, there was a preexisting 45' easement on the lot. However, the Engineering Department could not find a record of the existing easement, although it could have been a private easement. The lot immediately to the east that was not part of the platting process does have a 15' easement that runs to the east of the portion of the easement proposed to be maintained. Staff discussed the issue with MidAmerican, who has overhead electric lines in the easement area. They indicated they had no objections to vacating the 45' easement as long as a new easement along the southern 15' was dedicated. NEIGHBORHOOD IMPACT None DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning, Programming, and Zoning Commission voted 6-0 to recommend approval of the request at their August 8, 2023 meeting. Page 30 of 295 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION The 45-foot utility easement as shown on Lot 6 of Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Council Packet Page 31 of 295 REQUEST: APPLICANT: August 8, 2023 Request by the City of Waterloo to vacate 45' easement along the south property line of Lot 6 of Wagner Road Subdivision in the "M- 1" Light Industrial District located north of 3488 Wagner Road. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to vacate 45' platted utility easement. DESCRIPTION: IMPACT ON The request would appear to have a positive impact on the NEIGHBORHOOD & surrounding neighborhood or land use, as it would help for SURROUNDING development of the lot. LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. There are no trails or sidewalks in the area. ZONING HISTORY The area of the proposed vacate is zoned "M-1" Light Industrial FOR SITE AND District and has been zoned as such since the adoption of IMMEDIATE VICINITY: Ordinance 5152 on March 11, 2013, when it was rezoned from "R- 1" One and Two -Family Residence District. Surrounding land uses and their zoning designations are as follows: North — Industrial lots zoned "M-1" Light Industrial District. South — Emerson Crane zoned "M-2" Heavy Industrial District. East — Agricultural and Vacant Land zoned "M-2" Heavy Industrial District. West — Waterloo Regional Airport zoned "M-2, P" Planned Industrial District. DEVELOPMENT Industrial buildings to the north and south were built between 1998 HISTORY: and 2019. BUFFERS/ No buffers or additional screening are needed with this request. SCREENING REQUIRED: DRAINAGE: Vacation of the easement will not affect drainage. FLOODPLAIN: Portions of the vacate area are located within Zone A: 100 Year Flood as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025, and Panel Number 0186F, dated July 18, 2011. PUBLIC /OPEN There are no public schools located in the area. SPACES/ SCHOOLS: Vacate Easement Page 1 of 4 Page 32 of 295 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND -USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: August 8, 2023 There are overhead electric lines located along the portion of the easement to be retained. There is also a sanitary sewer line that runs north -south through the middle of the easement. The Future Land Use Map designates the property as Industrial. The applicant requests to vacate a 45' easement located along the southern property line of Lot 6 of Wagner Subdivision north of 3488 Wagner Road. The easement already existed prior to when the Wagner Road subdivision was created by resolution 2017-134 on February 20, 2017. According to the plat, there was a preexisting 45' easement on the lot. However, the Engineering Department could not find a record of the existing easement, although it could have been a private easement. The lot immediately to the east that was not part of the platting process does have a 15' easement that runs to the east of the portion of the easement proposed to be maintained. Staff discussed the issue with MidAmerican, who has overhead electric lines in the easement area. They indicated they had no objections to vacating the 45' of the easement as long as a new easement along the southern 15' was dedicated. /24/2022 Picture 1: Looking east from Wagner Road along the easement in question. Vacate Easement Page 2 of 4 Page 33 of 295 August 8, 2023 nr rill ti".. ii •CFI Picture 2: Looking east along easement to be vacated. Picture 3: Looking northeast from Wagner Road across Lot 6. Picture 4: 3488 Wagner Road Vacate Easement Page 3 of 4 Page 34 of 295 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: August 8, 2023 This item was initially recommended for approval by the Planning, Programming, and Zoning Commission on March 8, 2022. At that time, staff was advised to attempt to have the original surveyor sign an affidavit since the 45-foot easement was an error. However, after dozens of attempts, the surveyor refused to answer our calls and emails, so the decision has been moved to just vacate this easement and dedicate the easement that should have been there originally. There is no platting required for this request. Therefore, staff recommends that the request to vacate an existing 45' easement along the south property line of Lot 6 of Wagner Road Subdivision in the "M-1" Light Industrial District located north of 3488 Wagner Road approved for the following reasons: 1. The request would appear to have a positive impact on the surrounding area, helping development of the lots. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. It will make the lot more marketable, and increase buildable area. 4. MidAmerican has no objections to the vacate as long as a 15' easement is dedicated to follow. Vacate Easement Page 4 of 4 Page 35 of 295 City of Waterloo Planning, Programming and Zoning Commission August 8, 2023 l M-2,P A-1 I W BIG ROCK RD A-1 0 GQ A-1 M-1 A-1 CC R-1 W AIRLINE HWY CC w 1 3AV,&l 7VrIDa310 GREE4,<5, - R=2' M-2 a ' 3DV11N3H ,Cn1 WCF & N DR C-2 R�3 BURTON AVE -GROVER CT 53 r- m DETERS DF ° ROCT9RIT I L.J C=2; w C-Z LUCAS ST-� ° R-2 2-MIDLAND ST- IR-1,R-P 'FAIRCHILD ST-- North of 3488 Wagner Road Easement Vacate City of Waterloo r� DC.i'1 City of Waterloo Planning, Programming and Zoning Commission August 8, 2023 Vacate Area 3488 Wagner Road North of 3488 Wagner Road Easement Vacate City of Waterloo f]07 ..f nnc City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 U Offer to Vacate and Purchase City Right -of -Way Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant: Crl4 oP W T I -address: ZIS mVLr3YY2 Email: NJO EL, 19NOck5a1veWfi7(.ofi3OP_L General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): ? A�-12_71.1Ae r-1 j of 14 S rv-rl LA71 cY9 50-1 1 a--r v-1a3 Lo--42 t,a, Phone No.: 3 l 1- a `) � _ Li 3 (o (e Legal description of area to be conveyed, vacated, or encroached: 1,6 r to (,u f}(r(Vn.2 40,(40 -.tl/3 DWI Ul r 6,/J 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*{Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to 'acate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: lea prov' + e ar plan and/or aerial photo of the area to be vacated if the request involves e reason for the request. A/o ex, /ir.'D�--f?Y)r' Applicant Print Name *Not required for easement vacates sidewalk vacates or Encroachment Agreements Date Page 38 of 295 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as October 2, 2023, to approve a request by M&MB Legacy for a Site Plan Amendment for a 5,990 square foot commercial building in the "M-2,P" Planned Industrial District, located southeast of 2425 GT Drive, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith is a Resolution setting date of public hearing as October 2, 2023, to approve a request by M&MB Legacy for a Site Plan Amendment for a 5,990 square foot commercial building in the "M-2,P" Planned Industrial District located southeast of 2425 GT Drive. The applicant is proposing two 20' overhead doors on the north end of the building. There will be a 1,040 square foot office attached to the 4,950 square foot shop. A 4,134 square foot gravel area is proposed to the south of the building for trailer parking. The building is proposed to have a brown steel fapade with a 3' dark brown steel wainscoting and a steel roof. 4 windows are proposed for the office portion of the structure. The Zoning Ordinance requires one parking space for each 250 square feet of office floor area and one space for each two persons employed on the maximum shift. The building has approximately 1,040 square feet of office space, which requires 2 parking spaces. Depending on how many employees will be employed on the maximum shift, 1 or more additional parking spaces will be required. The site plan shows 3 parking spaces total with one ADA accessible stall. The proposed request requires storm water management. The applicant will need to submit a full site plan showing on -site detention to the Engineering Department as part of the building permit process. The Planning, Programming, and Zoning Commission will review the request at their September 12, 2023 meeting. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding area, as the area is composed of similar industrial and commercial uses. Page 39 of 295 DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Northeast Industrial Park Plat No 3 Lot 14 ATTACHMENTS 1. Council Packet Page 40 of 295 REQUEST: APPLICANT: September 12, 2023 Request by M&MB Legacy for a Site Plan Amendment for a 5,990 square foot commercial building in the "M-2,P" Planned Industrial District located southeast of 2425 GT Drive. M and MB Legacy, 1645 240th St, Waverly, IA 50677 GENERAL The applicant is requesting to construct a 5,990 square foot DESCRIPTION: building for a truck repair facility, southeast of 2425 GT Drive. SURROUNDING The request would not appear to have a negative impact on LAND USES AND the surrounding area, as the area is composed of similar IMPACT ON industrial and commercial uses. NEIGHBORHOOD VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area TRAFFIC is served GT Drive which is classified as a Local Street. CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: There are no sidewalks in the industrial area around GT Drive. ZONING HISTORY The site in question is zoned "M-2,P" Planned Industrial FOR SITE AND District and has been zoned as such since it was rezoned from IMMEDIATE VICINITY: "A-1" Agricultural District on October 9, 1995. The surrounding property zoning and their uses are as follows: North: Warehouse zoned "M-2,P" Planned Industrial District. East: Vacant land, zoned "M-2,P" Planned Industrial District. South: MLK JR. Drive and vacant land zoned "M-2,P" Planned Industrial District. West: Warehouse zoned "M-2,P" Planned Industrial District. BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: There is no screening required for this request, as all uses in the area are industrial in nature. DRAINAGE: The proposed request requires storm water management. The applicant will need to submit a full site plan showing on -site detention to the Engineering Department. DEVELOPMENT Industrial buildings in the area were built between 1996 and H I STORY: 2011. FLOODPLAIN: No portion of the property is located within a special flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0304F, dated July 18, 2011. SPA- SE of 2425 GT Drive Page 1 of 6 Page 41 of 295 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: September 12, 2023 There are no schools or open spaces in the nearby vicinity. A 4" draintile is located within GT Drive. An 8" Sanitary Sewer line is located along the northerly line of the property. A 24" Sanitary Sewer line is located along the westerly line of the property. The Future Land Use Map designates this area as Industrial. The proposed Site Plan Amendment conforms to the Future Land Use Map and Comprehensive Plan. The site is located within the Primary Growth Area. . \,— 1 I` �1 1 1 1 \ + ! 1 k r t \y � 1 1 1 1 r ' `� \ 1 ` _� - �' / \ 5 l /- IFS /- f r /- r. 1-,�\ -\ \\ \ N\ \\ \\ \\ \� �\ t I } I 1 1 i . l i 1 1 l 4 ` $ TL � i it V I rE 1 ! kS , r —STOPS ,m , jmums PP4100... sr 1 1,' 1 ! 6A - �_ __ i,' r� ::..:;:.. / r l I /I _�C }rriuoss j I / / / r 1 r' / Jr flr / ffl // // /rr r'1 �__ ! r is i r! I N.l ( !r 11 1 1 l 1 f 1 11 r f I ~—\� �� I /'J _�` - r ( ` `_1 f11r1 sJ ,L i1"'',7, ' ti 1) 1\\`�, r \ 1 \ \\ \ \ ` ., 1 ti `\`\}� ` �ficti ,\ ti `"\� - �chv �� �`�.„:,,,..,....;,..',1:',-.,,,,,„, \ 1 \ _\ 1' 1ar�^ d /P Jim r 1 1 \\ / ,,f'gZ /i m, Sr 1 / 1 f r \} \ `' r 9\h �°��`"'`, P4L !ate\ 1_ , ` _'\ \ S l `im '` \_—_ ` k�E ( v 1 `9, '1 -i 'rr f 1 IJ le 4 ) r I PROPOSED ✓: DON I ° PPOPo6rosnoP t w ,posr ,. sisaw,N,sr : SE • : 04. :r:;:S \ k. 7 1 1 \ , I 1 1 1 , + 1 1 1 \ S \ S 1 I 1 \ 1 1 1 1 I i 1 I ti\ r ,1 1 rtl::.:.;;:..:.' „ i \1 L5 / r;r_r Noorosm r;Jr !�} r , ' ` 'P?1a s „a sr" : 4 �, i �•\ .... i'r '.:':.:',1 `� \\ �\ \1 �. 1 \ \ \ ` \— \ } �� \ —)'\ 1 ` 1 7 \ 1\ I 1t.1 \ 1\ I \ } i 1 1 I \ \ 1 r ) l \ 1 4 \ IL •\ 11 1 l \ V\ e 1 1 I\ \ \1 \ L \ 1 S. 1` \ \ \ \ \ 1 1 !! S 1 1 \ \ 1 --': . \ \ 1 - _-,,:— -e.' \ \ /' 1 1 \ " """ "' . """ n:::"°''"" pp, a=NE NMe_ �Us�LPARKBUILDING'REFINED WATEaco, IOWA PRELIMINARY LAYOUTTolo #3 CONCEPT "',t- SPA - SE of 2425 GT Drive Page 2 of 6 Page 42 of 295 September 12, 2023 STAFF ANALYSIS — The applicants are requesting a site plan amendment in order ZONING to construct a 5,990 square foot building for a truck repair ORDINANCE: facility in the "M-2,P" Planned Industrial District. The applicant is proposing two 20' overhead doors on the north end of the building. There will be a 1,040 square foot office attached to the 4,950 square foot shop. A 4,134 square foot gravel area is proposed to the south of the building for trailer parking. The building is proposed to have a brown steel facade with a 3' dark brown steel wainscoting and a steel roof. 4 windows are proposed for the office portion of the structure. The Zoning Ordinance requires one parking space for each 250 square feet of office floor area and one space for each two persons employed on the maximum shift. The building has approximately 1,040 square feet of office space, which requires 2 parking spaces. Depending on how many employees will be employed on the maximum shift, 1 or more additional parking spaces will be required. The site plan shows 3 parking spaces total with one ADA accessible stall. SPA - SE of 2425 GT Drive Page 3 of 6 Page 43 of 295 September 12, 2023 Picture 1: Looking south from GT Drive. Picture 2: Looking southwest from GT Drive. SPA - SE of 2425 GT Drive Page 4 of 6 Page 44 of 295 September 12, 2023 Picture 3: 2425 GT Drive TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Ahlhelm and Weliver noted the building will need a 2 hour firewall between the office and shop to avoid needing sprinklers. Weliver stated the site will need aerial access if the building is over 30'in height. The area is not being subdivided as part of this request. Therefore, staff recommends that the request by M&MB Legacy for a Site Plan Amendment for a 5,990 square foot commercial building in the "M-2,P" Planned Industrial District located southeast of 2425 GT Drive, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area, as the area is composed of industrial uses. 3. The request would appear to be compatible with the surrounding industrial development. And subject to the following conditions(s): SPA - SE of 2425 GT Drive Page 5 of 6 Page 45 of 295 September 12, 2023 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. SPA - SE of 2425 GT Drive Page 6 of 6 Page 46 of 295 reliminary Design \23-DS 267- (Prelim it F _7 7 — _4-41* \ \ 1 I \1 \ I I 1\ 1 1 6 ) 1 1 « l N o \ I ) \ \ _I�\ 81 \ 1 \ 1 �- / 1 �1 1 A 1 1 ) s 1 1 / 1 it 1 l\1 StS(D) Sts(D)- — — — — SIS(D) _— — — L-- D) W(D) —0w(D) W(D)—,—,— L----E(D)7, ---E(D)— San)D)— — — — — — san(D)- \ 1 PARKING LOT SETBACK I I � _ « I 7 o s —i— i I I I I I . -/ `�� / "\ \ \\ \ \ \ \ \o / \`‘...r \ \ \\� \ r or , \� \\\\� J 1 \ �\ \ \ \sM,a \ \ ''°(° \ \ \� \\�w,a,\� \ \\� moo, \ \\\ \� \�_� \ \ 1111 \ N. \ \ W/0 \ \ ▪ \4/0/ �0 BJ V A A ��a � -'s7,,9 ' -es ejs. �''N e ms V A V A A � �s 7 \ /�sanoi � A i-' I- � A V Ate , v�siso\ A � � \ \ 7 \ 7 / v A��T v �- /4 \ �\ \1 —���\ -- W \ `\ — \ o \ \ \ L — \ �i i� -- � ,..7 \ \ \/_ 4 — 7— PROPOSED OFFICE BUILDING 1,040 SF r— 2 CJ Ptiy (D) \ 24) \ 7 / \/ \ \ r 7 IS,s(D) �(g W(D) — _ —W(D) / w(D) — EIS E(D)— -- E(D) — — — — an(D) San(D) 9N-s 114,4-71, 0 15' — 9 1 — J 5-5 \ — —w(m wml <\ \ > ; \ 7 / v \ 7 I- ( / \ \ \ \ 7 7 �) f/ / 8 \ 1 �// ) I I /�(slo) s1s(D)sis(o)---—�srs(ol--- Jsa(ol-- ASaNI--�s(slDl- l wlo w=Dl of wcol — — J�1— — — DI (ol — — E(D) — — — — E�1 / — — E of E)D) — — — E(D)- Elo)� — — — EIDI� — — — Elo) Elo)� — E(DI� — 3aWW. S f(D) SS)— — — — /San(D)7 — — — — c5fyn10)— — — San(DI— — — f SanIDJ— — — — San(D) San(DI— —: — / / i / / / 1/ / /� 7 / / / / / / �/ / / / / / 1 / I 2 �I / / / // J r ,_ — —/ — —7 7— 0� / r I 1 1 ( 9 / ) / / I \ ) I I 1 II �� 1 « I \ \ / ) \ \ S )"+ID)(D \ i A \ 1 \ \ 11 \ 1 1 v \ \ \\ \ 1 \ I \ \ \ 1 \ \ \ \ �� \ \ \ \ \ L \9p\ \ \ \\ \\ \ \ \ N i \ ) \ / \ \ \ ` \ \ \ I \ 2 / \ / J \ GRAPHIC SCALE NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 NE INDUSTRIAL PARK BUILDING WATERLOO, IOWA REFINED PRELIMINARY LAYOUT #3 CONCEPT PROJECT NO. 60' CHECKED: ---- DATE - APPROVED: DATE - 23-DS-0267 SHEET NO. 1 OF Page 47 of 295 Page 48 of 295 STEEL ROOFING -0:12 PITCH wXH 1T HEEL ummmmummuum uimmmmmmmmI 00 STEEL ROOFING -0:12 PITCH with 12• HEEL 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): NA C MI' � 1 Address: t ► a. ' Phone: fl - Li15 -- C5 1' Fax: City: \NI . LQ.1 q. Stater Zip: 5C7L p1 _l Email: (Y1t7t.Yk • 1001oVvvi f» Z 7 mcu:l C -Nr, b. Status of applicant: (a) Owner (b) Other X( (CHECK ONE): If other explain: e. e-CN>4v c. Property owner's name if different than above (please print): ; c W c.-}t► lra� Address: Phone: Fax: City: State: Zip: Email: “ (!x 2. PROPERTY INFORMATION: a. General location of site plan to be amended: ^7.�f . A..eP11 7 Iti �♦n� b. Legal description of property or portion to be amended: ‘4 -, ‹ al-,e , wc,- .�5 \ .,1 ?G- zlc k rk S ILA c. Dimensions of proposed site plan amendment:CI\"7 d. Area of proposed site plan amendment: Sej� e. Current zoning: PM— f. Reason(s) for site plan amendment and proposed use(s) of property- `3 1 •� c�Shr 1 L�,..�e?1' g. Conditions (if any) agreed to (does not affect existing conditions unless specified): 1V 14 h. Other pertinent information (use reverse side if necessary): t.41ee� r�l S:-�-t• Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. dotloop verified 08/14/23 3:37 PM CDT 8YKS-TJVN-WIPY-SF86 Signature of Applicant Date Signature of Owner Date Page 51 of 295 REQUEST: APPLICANT: 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: September 12, 2023 Request by PMW Companies, LLC for Site Plan Amendment for a commercial/industrial development including two 138,000 square foot buildings, one 20,000 square foot building, and one 5,000 square foot building in phase one and 425,000 square feet of buildings in future phases in the "B-P" Business Park District located north and east of 4719 Ansborough Avenue at the southeast corner of the Ansborough Avenue and US Highway 20 interchange. PMW Companies, LLC, 760 Liberty Way, North Liberty, Iowa 52317. The applicant is requesting to construct two 138,000 square feet buildings as a first phase with later phases to include a 425,000 in future phases. The request would not have a negative impact on the surrounding area as the area has been set aside for business park development for many years. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is just south of the Ansborough Avenue exit from US Highway 20 with Ansborough Avenue classified as a Minor Arterial and US Highway 20 classified as a Principal Arterial. The Fisher Drive trail is located on the south side of Fisher Drive just north of the US Highway 20 interchange with Ansborough Avenue. There are plans to extend the trail to the east and west in the future. The site in question is zoned "B-P" Business Park District and has been zoned as such since it was rezoned from "A-1" Agricultural District on February 25, 2004. The surrounding properties zoning and uses are as follows: North: US Highway 20 and commercial, zoned "B-P" Business Park District and "R-4" Multiple Residence District. East: Agricultural land zoned "B-P" Business Park District and "A-1" Agricultural District. South: Agricultural land and West Shaulis Road zoned "A-1" Agricultural District. West: Residences and agricultural land zoned "A-1" Agricultural District. No buffers would be required as a part of this request. SPA— North and East of 4719 Ansborough Avenue Page 1 of 7 Page 52 of 295 September 12, 2023 DRAINAGE: The proposed request will require storm water management and shows a detention basin for storm water management. DEVELOPMENT Residences built between 1909 and 1954. HISTORY: FLOODPLAIN: A small portion of the east side property is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0284F and 0303F dated July 18, 2011 and anything built in that area would need to be at least 1 foot above base flood elevation. PUBL C /OPEN SPACES/ SCHOOLS: Lou Henry Elementary School is located 0.92 miles to the north, Hoover Middle School is located 1 mile to the north and West High School is located 1.63 miles to the northeast. SPA -North and East of 4719 Ansborough Avenue. Page 2 of 7 Page 53 of 295 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: September 12, 2023 There is currently no utilities in the area but will be extended to serve the project. The Future Land Use Map designates this area as Business Park: Professional Offices; Commercial; Compatible Light Industrial. The proposed Site Plan Amendment conforms to the Future Land Use Map and Comprehensive Plan. 20 Auts Mac +I- C2 r [Drum cEI -Um fq f�ca V70151 IrX 'Oa 11.17.07. CIMXPI }}1aM 1#r FFFFF I M t H i4 V. "14 RM PAM A>ta _po PINCIAVIF Ntlp IMMO SPA -North and East of 4719 Ansborough Avenue. Page 3 of 7 Page 54 of 295 September 12, 2023 Picture 1: Looking east from Ansborough Avenue. Picture 2: Looking northeast from Ansborough Avenue. SPA -North and East of 4719 Ansborough Avenue. Page 4 of 7 Page 55 of 295 September 12, 2023 Picture 3: 4719 Ansborough Avenue. Picture 4: Looking north to the interchange ofAnsborugh Avenue and US Highway 20. SPA -North and East of 4719 Ansborough Avenue. Page 5 of 7 Page 56 of 295 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECH REVIEW AND UPDATES STAFF RECOMMENDATION: September 12, 2023 The applicant is requesting a Site Plan Amendment to construct a multi -phase project in the South Waterloo Business Park. Phase one includes four buildings, two of which will be 138,000 square feet, the third building will be 20,000 square feet and the fourth building will be $5,000 square feet. Future phases include a 10,000 square feet building, two 57,000 square feet buildings, a 296,000 square feet building, and a 5,000 square feet building. Parking requirements will depend on the specific uses that are located in the buildings; therefore the developer will need to ensure that adequate parking is designed into the development to meet the parking requirements. The property was rezoned to "B-P" Business Park District in 2004. In 2010 the City of Waterloo first entered into agreement to start purchasing land over a number of years to create the business park and the business park is now certified by the State of Iowa as a project -ready industrial site. The area will be platted as a separate future request. Therefore, staff recommends that the request by PMW Companies, LLC for Site Plan Amendment for a new commercial/industrial development including two 138,000 square foot buildings, one 20,000 square foot building, and one 5,000 square foot building in phase one and 425,000 square feet of buildings in future phases in the "B-P" Business Park District located north and east of 4719 Ansborough Avenue at the southeast corner of the Ansborough Avenue and US Highway interchange be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. And subject to the following conditions(s): 1. That the final site plans meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. SPA -North and East of 4719 Ansborough Avenue. Page 6 of 7 Page 57 of 295 City of Waterloo Planning, Programming and Zoning Commission September 12, 2023 z LR�3� I �i \ I RACHAEL ST 0 O0 Q 6 w z � w J —� W J z Ltz O ? m Z 0 A co Ei- R-1 �_ 1 1 L 0) R-3,R-P R-4, R- A-1 ti HOME LQ" J CO 0 CL 0 4 P/C DR Q ——W.•SAN MARNAN DR C-P 0-7J R-4,R-P F/SyF s� °R B-P W. SHAULIS RD O� ER FAR�OR -P C-2,C-Z R-4 A-1 R-2 2 C- ANDERSON DR KIMBALL-AVE North and East of 4719 Ansborough Avenue Site Plan Amendment to "B-P" PMW Companies, LLC City of Waterloo Planning, Programming and Zoning Commission September 12, 2023 [ North and East of 4719 Ansborough Avenue Site Plan Amendment to "B-P" PMW Companies, LLC m..,.,. Lzn .s'1n N WEE s of '"4. A'F �.1/41 )'.• moo ������� T o 6. ivo t0 lied ssauisng ooIJaxe141 Tnos kg 3 tk FE 1 52 + 110 {f w Y}kn .14. 4 uOT 4 }Ls Oli NCH �rN II PI P41 i2i 1 IY N N x Exhibit A: Proposed Master Site Plan Page 60 of 295 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 X 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): PMW Companies, LLC Address:760 Liberty Way Phone: 319-541-8649 Fax: City: North Liberty State: Iowa Zip: 52317 Email: scottawilson22@gmail.com b. Status of applicant: (a) Owner X (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: Development site consists entirely of land currently owned by the City of Waterloo and locally known as "South Waterloo Business Park" located at the South East Quadrant of Ansborough Ave. and Highway 20 in Waterloo, IA. The site is bounded by Highway 20 on the North, Ansborough Ave. on the West. James Grady Trust Land along Shaulis Rd. to the South, and Land owned by John R. Wolfe, James Grady Trust and The City of Waterloo to the East. b. Legal description of property or portion to be amended: See attached Exhibit B: "Brief Legal Descriptions". Dimensions of proposed site plan amendment: See Exhibit A and Brief Legal Discription in Exhibit B of each lot included in the project. c. Area of proposed site plan amendment: See Exhibit A d. Current zoning: Ag e. Reason(s) for site plan amendment and proposed use(s) of property: Development of roadway and infrastructure improvements to facilitate the development of the project under the development of a new Planned Urban Development agreement. f. Conditions (if any) agreed to (does not affect existing conditions unless specified): g. Other pertinent information (use reverse side if necessary): Developer intends to begin earthwork and roadwork infrastructure development in fall of 2023 for substantive completion within Phase 1 of the development in calendar year 2024. Page 61 of 295 Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law_ Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Cotmeil in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regard to the request. g, ure of Applicant Date Signature of Owner Date PWM Companies, LLC Page 62 of 295 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 September 18, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as October 2, 2023, for the sale and conveyance of city - owned property located at 628 W. Parker Street, in the amount of $11,000.00, to Kevin E. Rose and Michelle L. Rose, including a Development Agreement, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo obtained title to 628 W Parker Street by 657A court action. The home was deemed to be in adequate condition that it could be rehabilitated, so the City of Waterloo sent out a Request for Proposals to over 25 individuals asking for proposals to purchase and rehabilitate the home. We received one proposal from Kevin and Michelle Rose, who propose to purchase the property for $11,000 and complete the rehabilitation of the home, with an estimated expense for the rehab of $55,060. NEIGHBORHOOD IMPACT This request will have a positive impact on the neighborhood by facilitating the rehabilitation of the home, which had been abandoned and become dilapidated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 63 of 295 LEGAL DESCRIPTION Part of the Northeast Quarter of the Southwest Quarter of Section No. Fourteen (14), Township No. Eighty-nine (89) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, in the City of Waterloo, Iowa, bounded as follows: Beginning at a point in the North line of Parker Street One Hundred Twenty-five (125) feet West of the Southwest comer of Lot No. One (1) in Wilson Addition to Waterloo, Iowa; thence North One Hundred Fifty (150) feet; thence West along a line parallel with the North line of Parker Street a distance of Sixty (60) feet; thence North One Hundred Fifty (150) feet; thence Southeasterly along a line which if extended would intersect the West line of Lot No. One (1) in said Wilson Addition at a point Two Hundred Twenty-two and Four Tenths (222.4) feet North of the Southwest corner of said Lot No. One (1), a distance of One Hundred Nineteen and Twelve Hundredths (119.12) feet; thence South along a line parallel with the West line of Wilson Addition One Hundred Fourteen and Fifteen Hundredths (114.15) feet; thence East along a line parallel with the North line of Parker Street a distance of Nine (9) feet; thence South along a line parallel with the West line of Wilson Addition a distance of One Hundred Forty (140) feet to the North line of Parker Street; thence West Sixty (60) feet to the point of beginning. ATTACHMENTS 1. 628 W Parker rehab agt 9-06-23 2. 628 W Parker Proposal Rose Page 64 of 295 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 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 , 2023, by and between Kevin E. Rose and Michelle L. Rose (collectively, "Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is willing and able to finance and rehabilitate an existing property located at 628 W. Parker Street, Waterloo, Iowa (the "Property"), legally described as set forth on Exhibit "A" attached hereto. B. 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. City believes that rehabilitation of the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $11,000.00 (the "Purchase Price"), of which $1,000.00 shall be paid in certified funds to City to be held in trust as earnest money and applied at closing to the Purchase Price. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey Page 65 of 295 title to Developer until Developer delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Developer agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Developer shall (a) remove and properly dispose of all debris and unwanted personal property from the dwelling, (b) rehabilitate the existing structure(s) on the Property for single-family residential purposes and (c) make other improvements to the buildings and grounds, including but not limited to replacement or repair and rehabilitation of the garage (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes, shall comply with all applicable City ordinances and other applicable law, and shall be of a scope and scale as described in Developer's offer submitted to City, a copy of which is attached hereto as Exhibit "B." Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all other work to make the project site usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to rehabilitate the Property in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Developer, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin construction of the Improvements within six (6) months from the date of that it receives title to the Property from City (the "Project Start Date"), and Substantially Complete rehabilitation within fourteen (14) months thereafter (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the rehabilitation Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. 2 Page 66 of 295 If Developer does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 13, and City shall then have no further obligation under this Agreement. In any circumstance where Developer's progress on the Project fails to meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney -in -fact. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Developer's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Reserved. 6. Utilities. Developer will be responsible for obtaining or extending water, sewer, telephone, electricity, gas and other utility services to any location on the Project 3 Page 67 of 295 Site and for payment of any associated connection fees and costs of usage after the date of conveyance from City. 7. Additional City Incentives. In addition to the other incentives provided by City to Developer under this Agreement, City agrees to provide the following assistance to facilitate the Project: A. Partial Purchase Price Refund. Within thirty (30) days after Developer has Substantially Completed the Improvements and has obtain final inspection on all permits obtained for the Project, City will refund $5,000.00 of the Purchase Price to Developer. B. Grant. Concurrently with partial refund of the Purchase Price pursuant to paragraph A above, City will make a $5,000.00 infill housing incentive grant to Developer. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's completion of the Improvements and of which Developer notifies City before Developer executes any such mortgage. Developer may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 9. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 10. 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. 11. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: 4 Page 68 of 295 A. This Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. B. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. C. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the rehabilitation Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. 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; D. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 5 Page 69 of 295 E. Developer (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. 13. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 6 Page 70 of 295 14. Indemnification. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project site or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. 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: 7 Page 71 of 295 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at 300 Blowers Avenue, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 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 City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. 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. 21. 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. 22. 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. 8 Page 72 of 295 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. 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. 26. 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 DEVELOPER By: Quentin M. Hart, Mayor Kevin E. Rose Attest: Kelley Felchle, City Clerk Michelle L. Rose 9 Page 73 of 295 EXHIBIT "A" Legal Description of Property Part of the Northeast Quarter of the Southwest Quarter of Section No. Fourteen (14), Township No. Eighty-nine (89) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, in the City of Waterloo, Iowa, bounded as follows: Beginning at a point in the North line of Parker Street One Hundred Twenty-five (125) feet West of the Southwest comer of Lot No. One (1) in Wilson Addition to Waterloo, Iowa; thence North One Hundred Fifty (150) feet; thence West along a line parallel with the North line of Parker Street a distance of Sixty (60) feet; thence North One Hundred Fifty (150) feet; thence Southeasterly along a line which if extended would intersect the West line of Lot No. One (1) in said Wilson Addition at a point Two Hundred Twenty-two and Four Tenths (222.4) feet North of the Southwest corner of said Lot No. One (1), a distance of One Hundred Nineteen and Twelve Hundredths (119.12) feet; thence South along a line parallel with the West line of Wilson Addition One Hundred Fourteen and Fifteen Hundredths (114.15) feet; thence East along a line parallel with the North line of Parker Street a distance of Nine (9) feet; thence South along a line parallel with the West line of Wilson Addition a distance of One Hundred Forty (140) feet to the North line of Parker Street; thence West Sixty (60) feet to the point of beginning. Page 74 of 295 See attached. EXHIBIT "B" Developer's Proposal 2 Page 75 of 295 City of Waterloo Property Offer to Bid Form Property to be bid upon: 628 W Parker Street V} l ames) in which property would be transferred: e-1 L. R CS Transfer Form: - CO ill db1 (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) KQi-\/ ('t � )0J-eAva,11e _A ' Name of bidder: Address of bidder: ,C) 6 ()-)\ 0 L) ct, d'o, • (.13 Phone Sr e-mail of bidder: � Z-(0 (r 1 k <cj h lr "& ,0 frR (1 4 0.— 3)9- y(19 - OD m,c t6e ef 5erv\r e My offer for this property is: $ I ,000 t 00 Minimum bid of $5,000. Proposals less than minimum will not be considered $1,000.00 earnest fee required. Indicate certified check or money order: Co-'t.E S ck (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: U pot rt1 e) ) -1-ciAe,1% cAnr4 gc -'V\ } Pe. ;A t 1A.coc'E<�4( r\ i lo IA c\o, €�c Y — -to �, �. i,� e. -t( c& r b 1eL, ; . (- k'cf-tkv;\17\� Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of fourteen (14) months and other development provisions. - 23 Signature of applicant/proposer Date * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 76 of 295 Rose painting INC. DBA Estimate KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name / Address Kevin and Shelley Rose 300 Blowers Ave Waterloo to 50703 Date Estimate # 8/28/2023 185 Project Description Qty Cost Total 628 Parker St. We will refurbish this property starting with clearing out contents of house and garage including appliances, carpet and hauling away. 3,500.00 3,500.00T Continuing with cleaning dusting washing, mopping and air purifiers running. we will treat any mold spots, or remove affected areas. 1,000.00 1,000.00T We will remove trees growing around foundation, rake the yard and re -seed for healthy lawn. 500.00 500.00T We will replace existing windows with (Heartland) energy windows. except for front and rear porch. 4,200.00 4,200.00T Front porch- replace windows with aluminum combination storm windows the remaining exposed wood to be wrapped with white aluminum for maintenance free exterior. 1,200.00 1,200.00T Rear screened in porch- scrape loose and peeling paint and apply primer and 2 coats finish. 1,000.00 1,000.00T We will replace any broken or missing gutters , siding and soffit pieces. Some soffits need rebuilt with new framing 2,500.00 2,500.00T Bathroom to be updated, new sink and vanity, new toilet, new bathtub with shower surround, flooring to be Lvl glue down vinyl planks. 5,000.00 5,000.00T Kitchen --Remove sink, faucet, counter top and replace with new 2,500.00 2,500.00T Formica top and stainless steel sink. Flooring to be Lvl glue down vinyl planks. Cabinets to be repainted. Ceilings and walls throughout-- Remove loose and peeling paint , texture to match Prime and paint. Pittsburgh paint products. 3,500.00 3,500.00T Wood floors to be cleaned repaired if necessary and new finish applied. Pittsburgh Paint products 2,500.00 2,500.00T Basement walls to receive 2 coats water proofing paint. Zinsser product 160.00 160.00T Water heater and other plumbing needs by Curran Plumbing 4,000.00 4,000.00'F Subtotal Sales Tax (0.O%) Tota I Page 1 Page 77 of 295 Rose painting INC. DBA Estimate KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name / Address Kevin and Shelley Rose 300 Blowers Ave Waterloo la 50703 Date Estimate # 8/28/2023 185 Project Description Qty Cost Total Electrical-- Main panel appears to be new. bathroom and kitchen outlets to be updated by Bests power house Garage --Tear off asphalt shingles and replace with new to match house. Remove sliding doors on rear and east side add framing and sheathing. Replace walk-in entry door with new steel insulated. Front of garage framing to be changed to except 2 9x7 overhead doors. Soffits to be covered with aluminum . Apply wrap and vinyl siding to match house Permits 3,000.00 20,000.00 500.00 3,000.00T 20,000.00T 500.00T Subtotal $55,060.00 Sales Tax (0.0%) $0.00 Tota I $55,060.00 Page 2 Page 78 of 295 City of Waterloo Property Offer to Bid Form Property to be bid upon: 628 W Parker Street V} l ames) in which property would be transferred: e-1 L. R CS Transfer Form: - CO ill db1 (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) KQi-\/ ('t � )0J-eAva,11e _A ' Name of bidder: Address of bidder: ,C) 6 ()-)\ 0 L) ct, d'o, • (.13 Phone Sr e-mail of bidder: � Z-(0 (r 1 k <cj h lr "& ,0 frR (1 4 0.— 3)9- y(19 - OD m,c t6e ef 5erv\r e My offer for this property is: $ I ,000 t 00 Minimum bid of $5,000. Proposals less than minimum will not be considered $1,000.00 earnest fee required. Indicate certified check or money order: Co-'t.E S ck (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: U pot rt1 e) ) -1-ciAe,1% cAnr4 gc -'V\ } Pe. ;A t 1A.coc'E<�4( r\ i lo IA c\o, €�c Y — -to �, �. i,� e. -t( c& r b 1eL, ; . (- k'cf-tkv;\17\� Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of fourteen (14) months and other development provisions. - 23 Signature of applicant/proposer Date * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 79 of 295 Veridian. CREDIT UNION To whom it may concern, On September 1 of 2023, Michelle L. Rose total amount of accounts is stated below. Total amount of accounts: $ 77,802.83 Thank you, KJ Storey (She/Her/Hers) Member Service Representative ® Ansborough Teller Line: 319.236.5600 KiLS@veridiancu.org + VeridianCU.org Empathy I input J Communication I Activator { Strategic P.O. Box 6000 1827 Ansborough Ave. Waterloo, IA 50704-6000 319.236.6600 veridiancu.org CI4 Equal Housing Opportunity. This credit union is federally insured by the National Credit Union Administration. Page 80 of 295 Rose painting INC. DBA Estimate KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name / Address Kevin and Shelley Rose 300 Blowers Ave Waterloo to 50703 Date Estimate # 8/28/2023 185 Project Description Qty Cost Total 628 Parker St. We will refurbish this property starting with clearing out contents of house and garage including appliances, carpet and hauling away. 3,500.00 3,500.00T Continuing with cleaning dusting washing, mopping and air purifiers running. we will treat any mold spots, or remove affected areas. 1,000.00 1,000.00T We will remove trees growing around foundation, rake the yard and re -seed for healthy lawn. 500.00 500.00T We will replace existing windows with (Heartland) energy windows. except for front and rear porch. 4,200.00 4,200.00T Front porch- replace windows with aluminum combination storm windows the remaining exposed wood to be wrapped with white aluminum for maintenance free exterior. 1,200.00 1,200.00T Rear screened in porch- scrape loose and peeling paint and apply primer and 2 coats finish. 1,000.00 1,000.00T We will replace any broken or missing gutters , siding and soffit pieces. Some soffits need rebuilt with new framing 2,500.00 2,500.00T Bathroom to be updated, new sink and vanity, new toilet, new bathtub with shower surround, flooring to be Lvl glue down vinyl planks. 5,000.00 5,000.00T Kitchen --Remove sink, faucet, counter top and replace with new 2,500.00 2,500.00T Formica top and stainless steel sink. Flooring to be Lvl glue down vinyl planks. Cabinets to be repainted. Ceilings and walls throughout-- Remove loose and peeling paint , texture to match Prime and paint. Pittsburgh paint products. 3,500.00 3,500.00T Wood floors to be cleaned repaired if necessary and new finish applied. Pittsburgh Paint products 2,500.00 2,500.00T Basement walls to receive 2 coats water proofing paint. Zinsser product 160.00 160.00T Water heater and other plumbing needs by Curran Plumbing 4,000.00 4,000.00'F Subtotal Sales Tax (0.O%) Tota I Page 1 Page 81 of 295 Rose painting INC. DBA Estimate KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name / Address Kevin and Shelley Rose 300 Blowers Ave Waterloo la 50703 Date Estimate # 8/28/2023 185 Project Description Qty Cost Total Electrical-- Main panel appears to be new. bathroom and kitchen outlets to be updated by Bests power house Garage --Tear off asphalt shingles and replace with new to match house. Remove sliding doors on rear and east side add framing and sheathing. Replace walk-in entry door with new steel insulated. Front of garage framing to be changed to except 2 9x7 overhead doors. Soffits to be covered with aluminum . Apply wrap and vinyl siding to match house Permits 3,000.00 20,000.00 500.00 3,000.00T 20,000.00T 500.00T Subtotal $55,060.00 Sales Tax (0.0%) $0.00 Tota I $55,060.00 Page 2 Page 82 of 295 Page 83 of 295 1 r Page 84 of 29v 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 September 18, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as October 2, 2023, for the sale and conveyance of city - owned property located at 1525 Oakwood Drive, in the amount of $15,100.00, to Castro Properties, LLC, including a Development Agreement, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo obtained title to 1525 Oakwood Drive by 657A court action. The home was deemed to be in adequate condition that it could be rehabilitated, so the City of Waterloo sent out a Request for Proposals to over 25 individuals asking for proposals to purchase and rehabilitate the home. We received 4 proposals, and staff is recommending that we proceed with the proposal from Castro Properties, LLC, who propose to purchase the property for $15,100 and complete the rehabilitation of the home and construction of a new garage, with an estimated expense for the rehab of $160,000. NEIGHBORHOOD IMPACT This request will have a positive impact on the neighborhood by facilitating the rehabilitation of the home, which had been abandoned and become dilapidated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 86 of 295 LEGAL DESCRIPTION Lot 45 in Greenbrier Fourth Addition, Black Hawk County, Iowa. ATTACHMENTS 1. 1525 Oakwood rehab agt 9-06-23 2. 1525 Oakwood Proposal Castro Properties 3. Bid Tab 09-05-23 - Rehab RFP 1525 Oakwood Dr Page 87 of 295 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 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 , 2023, by and between Castro Properties, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and rehabilitate an existing property located at 1525 Oakwood Drive, Waterloo, Iowa (the "Property"), legally described as set forth on Exhibit "A" attached hereto. B. 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. City believes that rehabilitation of the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $15,100.00 (the "Purchase Price"), of which $1,000.00 shall be paid in certified funds to City to be held in trust as earnest money and applied at closing to the Purchase Price. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey Page 88 of 295 title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Company shall (a) remove and properly dispose of all debris and unwanted personal property from the dwelling, (b) rehabilitate the existing structure(s) on the Property for single-family residential purposes and (c) make other improvements to the buildings and grounds, including but not limited to construction of a garage (attached or detached) with dimensions of no less than 14' x 20' (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes, shall comply with all applicable City ordinances and other applicable law, and shall be of a scope and scale as described in Company's offer submitted to City, a copy of which is attached hereto as Exhibit "B." Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all other work to make the project site usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to rehabilitate the Property in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements within six (6) months from the date of that it receives title to the Property from City (the "Project Start Date"), and Substantially Complete rehabilitation within fourteen (14) months thereafter (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the rehabilitation Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. 2 Page 89 of 295 If Company does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 13, 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 requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney - in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Reserved. 6. Utilities. Company will be responsible for obtaining or extending water, sewer, telephone, electricity, gas and other utility services to any location on the Project 3 Page 90 of 295 Site and for payment of any associated connection fees and costs of usage after the date of conveyance from City. 7. Additional City Incentives. In addition to the other incentives provided by City to Company under this Agreement, City agrees to provide the following assistance to facilitate the Project: A. Partial Purchase Price Refund. Within thirty (30) days after Company has Substantially Completed the Improvements and has obtain final inspection on all permits obtained for the Project, City will refund $5,000.00 of the Purchase Price to Company. B. Grant. Concurrently with partial refund of the Purchase Price pursuant to paragraph A above, City will make a $5,000.00 infill housing incentive grant to Company. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 9. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 10. 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. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: 4 Page 91 of 295 A. 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. B. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which 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. C. 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. 12. 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 rehabilitation Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. 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; D. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 5 Page 92 of 295 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. 13. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 6 Page 93 of 295 14. Indemnification. 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 Project site or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. 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. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. 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: 7 Page 94 of 295 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1420 Jefferson Street, Waterloo, Iowa 50702. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 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 City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. 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. 21. 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. 22. 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. 8 Page 95 of 295 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. 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. 26. 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 CASTRO PROPERTIES, LLC By: By: Quentin M. Hart, Mayor Roberto Castro Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned owner(s) of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Roberto Castro 9 Page 96 of 295 EXHIBIT "A" Legal Description of Property Lot 45 in Greenbrier Fourth Addition, Black Hawk County, Iowa. Page 97 of 295 See attached. EXHIBIT "B" Company's Proposal 2 Page 98 of 295 City of Waterloo Property Offer to Bid Form Property to be bid upon: 1525 Oakwood Drive Name(s) in which property would be transferred: 00,6 4-yo PYv pef-b e � L L C Transfer Form: (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: ] n b C', 2cis L Address of bidder: I c{ 010 e .0 e•.(s 0 S W A ,(1 co , in Phone & e-mail of bidder: (3 (c) ,2 CM- 0615 ro bo 1r, Ac,1-mot; My offer for this property is: $ 1' , I OC7. 00 Minimum bid of $5,000, Proposals less than minimum will not be considered $1,000.00 earnest fee required. Indicate certified check or money order: ( k 10 0 a ) (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: la) Ct U Crxv - rI G i 4 -I- z, fir/ f , {o 0.4- fS nS; / SY 1 d ,..5 of dopy , +9 e L 5`1(1,1rs, , S� / r it (54 a-SficA n S 1-a” rye c,r 5 L., l vL.-1 care r rr 1 1.,1J P i c.r�i) fin- J y. �, d„y tn.vE 11 L r,. ko;ieNktS r V p Jot � I .r+ro mr, �4 v1 srt 0,,-c ev<.rvf k\ r� c 5 Aa'!Lk 1 scA 1p. a k-- -t0 0, Qd -1e e u 0,‘„Anei 4c pup d Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of fourteen (14) months and other development provisions. ()) /5 ),03„3 Signature of applicant/proposer Date * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 99 of 295 Robert Castro Construction, Inc cohort astre construction P.O. Box 2493 Waterloo, IA 50704 Phone (319) 269-0615 infoProbertcastroconstruction.com www.robertcastroconstruction.cam September 5, 2023 City of Waterloo Community Planning & Development Department 715 Mulberry St Waterloo, IA 50703 RE: 1525 Oakwood Dr Waterloo, IA Dear Sir or Madan, Castro Properties, LLC by Roberto and Florentina Castro proposes to buy the property at 1525 Oakwood Drive in Waterloo, Iowa to remodel it inside and outside and sale to a potential owner occupied. For reference, in the past we bought two properties from you at 1640 Cherry Hills Drive and 1606 Williston Avenue remodeled everything until look like new homes. We are ready to start a new project and will be a pleasure to do the same with the property that we propose to buy, we have the experiences and financial ability to transform it to a lovely home. We own Robert Castro Construction, Inc and we will do most of the remodelation, we will only subcontractor an Electrician, plumber and insulation contractor. We are expecting to spend around $160,000.00 in whole remodelation and build the garage. I am listing the improvements that we will get done on 1525 Oakwood Drive to make that house habitable again. 1. Get a building permit from City of Waterloo. 2. Take down the front and back bushes and small trees in the back yard so we can have a bigger yard. 3. Turn down carport attached to house. 4. Figure out the best place to build a 2 cars garages in the property. 5. Tear off existing asphalt shingles from house and haul debris away. 6. Blow insulation in attic. 7. Install new asphalt shingles on house and new garage. 8. Remove drywall from house. 9. Inspect the framing and replace any bad boards. 10. In the basement we will design and see what we can get done so it can be a finished basement. 11. Install new electricity system in whole house. Free Estimates, Insured and Experience Page 100 of 295 inhert astro co st fiction Robert Castro Construction, Inc P.O. Box 2493 Waterloo, IA 50704 Phone (319) 269-0615 info@robertcastroconstruction.com www.robertcastroconstruction.com 12. Install new plumber pipes on house. 13. Install net insulation in whole house. 14. Install new black Pella windows on whole house and garage. 15. Install new black Pella entry doors on house and garage. 16. Install new aluminum garage door with new door opener. 17. Replace shower and toilet. 18. Build a new full bath in the basement. 19. Install new drywall on whole house. 20. Paint the house. 21. Install new kitchen cabinets. 22. Install new vanities in the bathrooms. 23. Install new countertop on kitchen cabinets. 24. Install new water proof vinyl plank flooring on bathrooms, kitchen, dining room and living room floors. 25. Install new carpet on bedrooms. 26. Install new doors and wood trim on each door. 27. Install new baseboard on whole house. 28. Remove siding from house. 29. Install new'/4" insulation on house. 30. Install new Double 4" Monogram vinyl siding (color: white). 31. Install shake siding on front dormer of house and garage. 32. Install new 6" aluminum fascia. 33. Install new aluminum soffit. 34. Install new furnace unit and pipes on house. 35. Install new air conditioner unit. 36. Remove existing concrete driveway and install new colored concrete driveway. 37. Plant some flowers in the front of the house and do a nice landscaping. Thank you in advance for your time and consideration on our proposal, if you have any question or concern, please feel free to contact us any time. Sinc OA' oberto Castro President Free Estimates, Insured and Experience Page 101 of 295 City of Waterloo Property Offer to Bid Form Property to be bid upon: 1525 Oakwood Drive Name(s) in which property would be transferred: 00,6 4-yo PYv pef-b e � L L C Transfer Form: (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: ] n b C'i4 Qs L Address of bidder: I c{ 010 e .0 e•.(s 0 S W A ,(1 co , in Phone & e-mail of bidder: (3 (c) ,2 CM- 0615 ro bo 1r, Ac,1-mot; My offer for this property is: $ 1' , I OC7. 00 Minimum bid of $5,000, Proposals less than minimum will not be considered $1,000.00 earnest fee required. Indicate certified check or money order: (k 100 a ) (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: la) Ct U Crxv - rI G i 4 -I- z, fir/ f , {o 0.4- fS nS; / SY 1 d ,..5 of dopy , +9 e L 5`1(1,1rs, , S� / r it (54 a-SficA n S 1-a” rye c,r 5 L., l vL.-1 care r rr 1 1.,1J P i c.r�i) fin- J y. �, d„y tn.vE 11 L r,. ko;ieNktS r V p Jot � I .r+ro mr, �4 v1 srt 0,,-c ev<.rvf k\ r� c 5 Aa'!Lk 1 scA 1p. a k-- -t0 0, Qd -1e e u 0,‘„Anei 4c pup d Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of fourteen (14) months and other development provisions. ()) /5 ),03„3 Signature of applicant/proposer Date * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 102 of 295 Robert Castro Construction, Inc cohort astre construction P.O. Box 2493 Waterloo, IA 50704 Phone (319) 269-0615 infoProbertcastroconstruction.com www.robertcastroconstruction.cam September 5, 2023 City of Waterloo Community Planning & Development Department 715 Mulberry St Waterloo, IA 50703 RE: 1525 Oakwood Dr Waterloo, IA Dear Sir or Madan, Castro Properties, LLC by Roberto and Florentina Castro proposes to buy the property at 1525 Oakwood Drive in Waterloo, Iowa to remodel it inside and outside and sale to a potential owner occupied. For reference, in the past we bought two properties from you at 1640 Cherry Hills Drive and 1606 Williston Avenue remodeled everything until look like new homes. We are ready to start a new project and will be a pleasure to do the same with the property that we propose to buy, we have the experiences and financial ability to transform it to a lovely home. We own Robert Castro Construction, Inc and we will do most of the remodelation, we will only subcontractor an Electrician, plumber and insulation contractor. We are expecting to spend around $160,000.00 in whole remodelation and build the garage. I am listing the improvements that we will get done on 1525 Oakwood Drive to make that house habitable again. 1. Get a building permit from City of Waterloo. 2. Take down the front and back bushes and small trees in the back yard so we can have a bigger yard. 3. Turn down carport attached to house. 4. Figure out the best place to build a 2 cars garages in the property. 5. Tear off existing asphalt shingles from house and haul debris away. 6. Blow insulation in attic. 7. Install new asphalt shingles on house and new garage. 8. Remove drywall from house. 9. Inspect the framing and replace any bad boards. 10. In the basement we will design and see what we can get done so it can be a finished basement. 11. Install new electricity system in whole house. Free Estimates, Insured and Experience Page 103 of 295 inhert astro co st fiction Robert Castro Construction, Inc P.O. Box 2493 Waterloo, IA 50704 Phone (319) 269-0615 info@robertcastroconstruction.com www.robertcastroconstruction.com 12. Install new plumber pipes on house. 13. Install net insulation in whole house. 14. Install new black Pella windows on whole house and garage. 15. Install new black Pella entry doors on house and garage. 16. Install new aluminum garage door with new door opener. 17. Replace shower and toilet. 18. Build a new full bath in the basement. 19. Install new drywall on whole house. 20. Paint the house. 21. Install new kitchen cabinets. 22. Install new vanities in the bathrooms. 23. Install new countertop on kitchen cabinets. 24. Install new water proof vinyl plank flooring on bathrooms, kitchen, dining room and living room floors. 25. Install new carpet on bedrooms. 26. Install new doors and wood trim on each door. 27. Install new baseboard on whole house. 28. Remove siding from house. 29. Install new'/4" insulation on house. 30. Install new Double 4" Monogram vinyl siding (color: white). 31. Install shake siding on front dormer of house and garage. 32. Install new 6" aluminum fascia. 33. Install new aluminum soffit. 34. Install new furnace unit and pipes on house. 35. Install new air conditioner unit. 36. Remove existing concrete driveway and install new colored concrete driveway. 37. Plant some flowers in the front of the house and do a nice landscaping. Thank you in advance for your time and consideration on our proposal, if you have any question or concern, please feel free to contact us any time. Sinc OA' oberto Castro President Free Estimates, Insured and Experience Page 104 of 295 Request for Development Proposal 1525 Oakwood Drive September 5, 2023 Bid Tab $1,000 earnest fee required for this bid Bidder Earnest Fee Bid Amount Improvement Valuation Improvement Detail Black Hawk LLC (Seth Engelbrecht) Yes $5,000 $100,000- $127,500 Rehab as single family home, rental. Castro Properties, LLC (Roberto Castro) Yes $15,100 $160 000 Rehab as single family home, sale as owner occupied CRFRE LLC (Chris Fischels) Yes $10,500 $76,000 Rehab as single family home, rental. Would consider re -sale opportunity Ismet & Melody Mekanovic Yes $8,000 $75,000 Rehab as single family home, sale or rental, would consider either Page 105 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $1,309,693.51, in conjunction with the FY 2022 Hyper Drive R.I.S.E. Project, Contract No. 1051, and receive and file a two-year maintenance bond. RECOMMENDED COUNCIL ACTION Approve completion of project. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Property Owner Assessments ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 106 of 295 None Page 107 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 18, 2023 AGENDA ITEM TITLE Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorizing the City Clerk to notify the 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 1. Exhibit A - Council Date 9.18.23 Page 108 of 295 Exhibit A - Council Date: 9/18/2023 PARCEL NUMBER ADDRESS SEWER STORM GARBAGE WATER 1 891324205002 620 Quincy St $12.42 $3.15 $15.92 $27.56 2 891302153135 3425 Huntley Ln $16.80 $18.67 $136.73 $124.88 3 891230380005 121 Prince St $7.18 $11.33 $1.54 4 891326358015 1528 W. 5th St 5 891314352013 800 Blk Newton St Page 109 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 18, 2023 AGENDA ITEM TITLE Resolution approving a Variance to the Noise Ordinance Application from Chad Shipman, for the Iowa Oktoberfest event to be held on September 29 and 30, 2023, from 11:00 a.m. to 11:00 p.m., at 518 Sycamore Street, including live music and the use of a PA system. 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. Iowa_Oktoberfest_NV Page 110 of 295 /',, ram T RLOO Application for Variance to Noise Ordinance Applicant's Name: Four East Dining, Anton's Garden, Iowa Oktoberfest Applicant's Address: 215 E 4th St Waterloo IA 50703 Applicant's Phone ft: 319-484-7355 Applicant's Email Address: shipmanchad@gmail.com Anticipated Date of Variance: Sept 29th-Spet 30th Name of the Event: lowa Oktoberfest Times and Day of Variance: 11 am-1 l pm 29th, 11arn-1 l pm 30th Geographical Location of Variance: 51 B Sycamore St Distance of Activity from Residential Properties: 500' from apartments Please explain the event requiring the variance and be specific included geographical location, and what actually will exceed the noise ordinance, such as a band playing, PA system, etc. Bands planning on the street infront of 501 and 518 Sycamore, and in the Gazebo park at 518 Sycamore, Using speaker and PA systems for music and announcements. I acknowledge information provided is correct and accurate. I also acknowledge that submission of the variance does not guarantee approval. MAYOR ACTION: APPROVAL: DENIAL: Applicant's *nature t /I Date Police Dept. Recommendation 966erE DurtcarZ APPROVAL: DENIAL: Not to exceed 90 DBA DECIBEL LEVEL: Page 111 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Motion to receive and place on file the City of Waterloo's submitted 509A Application for Renewal and Statement of Actuarial Opinion for FYE2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This is for the annual self -insured group healthcare plans filing that is required to be completed within 90 days of the end of our fiscal year. We obtained the statement of actuarial opinion to be able to complete this report. It was found that our accumulated claim fluctuation reserve is sufficient to cover expected claims and expenses and that the plan's financial condition will be adequate to meet reasonably anticipated expenses. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 112 of 295 ATTACHMENTS 1. 509A Application for Renewal - Submitted FY23 2. City of Waterloo Certification 06_2023 Page 113 of 295 Iowa insurance division 509A Application for Renewal Review Prior to Payment Accrued Review Beginning Balance $3,791,051.39 Ending Balance $4,939,391.58 Total Accrued Items $4,939,391.58 Application Information EDIT Page 114 of 295 App Amount Owed 100 Public Body Name City of Waterloo Business Address 715 Mulberry St City Waterloo State IA Zip Code 50703 First Name Bridgett Last Name Wood Position Title Finance Director City Waterloo State IA Zip Code 50703 Phone Number 319-291-4323 Email Address bridgett.wood@waterloo-ia.org Certificate of Compliance The applicant is an Iowa true public body self -funding its life and/or health plan. On behalf of the applicant, I certify that the plan meets the requirements of Iowa Code sections 509A.14 and EDIT Page 115 of 295 509A.15 and applicable provisions of the Iowa Administrative Code. Pursuant to Iowa Code section 509A.15(1), I am filing this application and certificate, on behalf of the applicant, with the Iowa Insurance Commissioner. A $100 filing fee is included with the required documents. Actuarial opinion [509A.15(1) City of Waterloo Certification 06_2023 V3.pdf (b)] acknowledge that the true actuarial opinion must include, but is not limited to, a brief commentary about the adequacy of the reserves, rates, and the financial condition of the plan, a test of the prior year claim reserve, a brief description of how the reserves were calculated, and whether or not the plan is able to cover all reasonably anticipated expenses. The actuarial opinion shall be prepared, signed, and dated by a person who is a member of the American Academy of Actuaries. Number of days late with 0 respect to this filing Late Fee 15 Page 116 of 295 Plan year beginning 07/01/2022 Plan year ending 06/30/2023 Does the plan comply with Yes all applicable state and federal laws? Does the actuarial opinion Yes comply with the requirements contained in Iowa Code section 509A.15(1) (b)? Pursuant to Iowa Administrative Code rule 191-35.20(3), are state mandated benefits part of the plan design? Pursuant to Iowa Administrative Code rule 191-35.20(3)(g), is the plan protected by an aggregate stop -loss? Yes Yes Does it contain specific stop- Yes loss? Name of Agent DeVonne Harford Number of Participants 562 (single contracts + family contracts) Number of Written 8 Complaints Third Party Administrator Wellmark Blue Cross Blue Shield of Iowa Does a written complaint Yes procedure exist pursuant to Page 117 of 295 Iowa Code section 509A.15(1) (a)(3)? Have confidentiality of Yes information rules been adopted pursuant to Iowa Code section 509A.15(2)? % of Filing Written Complaints 0.014234875444839857 The applicant agrees that if true the resources of the plan are inadequate to fully cover claims under the plan, then the applicant is liable for any portion of the claim that is left unpaid. The applicant also understands that the Commissioner may disapprove or issue a Notice of Hearing against the plan for failing to comply with any of the requirements of Iowa Code sections 509A.14 and 509A.15 or Iowa Administrative Code rule 191-35.20(509A). certify, on behalf of the true applicant, that the information and statements provided in this filing are true and accurate. The applicant is an Iowa public body self -funding its life and/or health plan. I certify, on behalf of the applicant, that the plan meets the requirements of Iowa Code sections 509A.14 and 509A.15 Page 118 of 295 and applicable provisions of Iowa Administrative Code. Financial Summary of Revenues Beginning Balance Total Contributions Interest Earned on Funds $3,791,051.39 $12,457,965.82 $0.00 Specific Stop -Loss Recoveries $2,218,248.82 Aggregate Stop -Loss Recoveries $0.00 Other Sources of Revenue $0.00 Financial Summary of Expenses Subtotal of Total Revenues Beginning Balance (Last Year's Ending Balance) Total Revenues Plus Beginning Balances $14, 676,214.64 $3,791,051.39 $18,467,266.03 EDIT EDIT Page 119 of 295 Claims Paid $11,525,526.22 Third Party Administrative $501,968.46 Expenses Specific Stop -Loss Premiums $1,474,743.17 Aggregate Stop -Loss $9,166.66 Premiums Bonding Expenses $0.00 Actuarial Fees $104.13 Surplus Lines Tax (if $0.00 Applicable) Other Permitted Expenses $16,365.81 (Iowa Admin Code 191-35.20) Financial Summary of Accrued Items Total Expenses Incurred $13,527,874.45 Total Revenues Plus $18,467,266.03 Beginning Balances Ending Balance $4,939,391.58 Plus Stop -Loss Premiums $133,369.60 Due and Unpaid Plus TPA Expenses Due and $33,908.20 Unpaid EDIT Page 120 of 295 Plus Other Items Due and $5,283.00 Unpaid (specify) Plus Reserve For Incurred $777,575.00 But Unpaid Claims (IBU) Plus Claims Fluctuation $3,976,255.78 Reserve (CFR) Less Stop -Loss Recoveries $0.00 Due Plus Actuarial Fees Due and $13,000.00 Unpaid Amounts Due Total Amounts due for this application or renewal Late Fee Amount Due $0.00 This amount due represents $15 for each day in excess of the 90 day filing limit Application/Renewal Fee $100.00 Total Due $100.00 Attestation Page 121 of 295 I certify, under penalty of perjury, that all information submitted in this application and associated attachments is true and complete. I am aware that submitting false information or omitting pertinent or material information in connection with this application is grounds for license revocation or denial of the license and may subject me to civil or criminal penalties. * Once you submit your payment, the Iowa Insurance Division will receive your submission and the fee is non-refundable. You will receive an email confirmation of your payment and submission. The Iowa Insurance Division will contact you after the submission has been reviewed. Fee Acknowledgement By selecting the boxes below, I acknowledge and agree to the following: The fee associated with this application is $100. * All payments have a $1.50 IOWAcess fee and a $.09 epayment fee. Credit card payments have an additional credit card fee of 2.5% of the total. * Once I submit this form, all fees paid are non-refundable. * To print a copy of this submission for your records, please select Control (Ctrl) and 'P' on the keyboard. gov2go® Your personal assistant for government. _(https://getgov2go.com/) The Iowa Insurance Division uses Gov2Go to offer Iowa citizens easy and quick access to state services from anywhere using the convenient Gov2Go (https://getgov2go.com/) app. Page 122 of 295 Be sure to create a Gov2Go (https://getgov2go.com/) account at checkout to manage your government services in one convenient place. Gov2Go (https://getgov2go.com/) also: • Securely stores payment information • Includes a shopping cart feature Prevents duplicate submissions of the same form • Manages receipts and specific documents • Can enroll you to receive future reminders • Guide you to discover other government services Gov2Go (https://getgov2go.com/) is an intuitive new service provided in partnership with the State of Iowa and NIC. Find out more information about Gov2Go (https://getgov2go.com/) or to download the mobile app here (https://getgov2go.com/). < PREVIOUS MAKE PAYMENT Copyright © 2021 NIC Iowa - All rights reserved. Page 123 of 295 707 State Road Princeton, NJ 08540 USA 609-436-4874 www.ajg.com Gallagher Insurance I Risk Management I Consulting Statement of Actuarial Opinion City of Waterloo, IA I, Christopher Diorio, a Member of the American Academy of Actuaries and an Associate of the Society of Actuaries, am employed by GBS Healthcare Analytics, a division of Gallagher Benefit Services, Inc. I meet the Qualification Standards for health plan valuations and experience analyses set forth by the American Academy of Actuaries. I have been retained by the City of Waterloo for the purpose of estimating incurred but unpaid claims and other actuarial items related to its annual 509A filing as of June 30, 2023 with the State of Iowa. My work included an evaluation of the claim payment lag and the historical financial experience. I relied upon data provided by the City and its claim administrator. I did not audit the data but I did perform reasonableness tests to verify that in the aggregate the data is reasonable. In my opinion, the amounts held for reserves for incurred but unpaid claims and claim fluctuation reserves are computed using sound actuarial methods consistently applied and are fairly stated in accordance with sound actuarial principles. These figures are based on actuarial assumptions that are appropriate to financial statements prepared in accordance with State law and reasonable provision has been made for all actuarial reserves and related items that I believe are necessary. Furthermore, it is my opinion that, as of June 30, 2024, the plan's funding rates, taken in combination with the accumulated claim fluctuation reserve of $4.0 million, are sufficient to cover expected claims and expenses, and the plan's financial condition will be adequate to meet reasonably anticipated expenses. If there are any questions related to this opinion, I can be reached at the address and number shown on the letterhead above. Christopher Diorio, ASA, MAAA Date: September 11, 2023 Page 124 of 295 City of Waterloo, IA I. CLAIM RESERVES AND LIABILITIES A. BACKGROUND With a self -insured group medical plan, the plan is liable for all claims incurred under the plan, not just those that are processed for payment during the course of the plan year. The difference between when claims are incurred versus when they are paid is due to the lag in time between the day a service is provided and the date the claim is paid. The lag is due to: 1. The time that elapses between when medical services or goods are provided and when those services are billed (billing lag); 2. The time that passes between the billing to the patient and/or the provider network and the submission of the claim to the claims administrator (report lag); 3. The time that elapses between the receipt of the claim and the final adjudication of the claim (payment lag) At each step, there may also be a mail delay. The purpose of calculating claim reserves and liabilities is primarily to estimate the plan's liabilities for those claims that have been incurred but not yet paid. To do this, we analyze past patterns of length of total claim payment lag and project the amount of liability as of the end of the accounting period. For this report, this is June 30, 2023. B. ANALYSIS OF CLAIM LAG The first step in the process is to evaluate the historical pattern of claim payments. The result of this step is a lab chart showing the expected percentage of all the claims incurred in a given month that will have been paid by the end of each successive month. These percentages are known as completion factors. The results for the City of Waterloo are shown in the lag chart. C. CALCULATION OF CLAIM LIABILITY Next, the actual claims paid are sorted by incurred month, and the results for each month are divided by the appropriate completion factors to get expected incurred claims for each month. For the most recent months, the completion factors tend to be very small and unreliable, so the expected incurred clams are usually set by trending recent experience. The preliminary medical reserve estimate for each month is then developed by subtracting the claims already paid from the expected incurred claims for that month. Summing these results over all months yields the unadjusted medical reserve estimate. The pharmacy lag data for the City of Waterloo suggests that all claims are paid in the month after they are incurred, so we hold 1/2 of a month's worth of claims as the pharmacy component of the total reserve. We also hold 1 month's worth of dental claims in reserve. A 10% margin was included on all coverages. Combining the medical, pharmacy, dental and vision reserves yields the final claim reserve. D. AGGREGATE EXCESS LOSS COVERAGE As per the Iowa Code 191-35.20, the group should also fund the potential additional liability of 25% either by allocating necessary funds from the operating fund of the general fund or by setting up an additional reserve in the operating fund. Page 125 of 295 City of Waterloo, IA II. ADEQUACY OF RATES & FUNDING A. HISTORICAL The historical experience for the period ending June 30, 2023 was evaluated to determine the financial results and funding adequacy for that policy period. The results are shown in the following tables: Table 2 Experience Evaluation for July 1, 2022 through June 30, 2023 Contributions $12,457,966 Less: Net Claims Incurred (1) $9,239,512 Less: Expenses $2,002,348 Plus: Investment Earnings $0 Addition (Reduction) to Claim Fluctuation Reserve $1,216,106 (1) Net Claims Incurred = Paid Claims of $11,525,526 less ISL recovery of $2,218,249 plus a reserve change of -$67,765 B. EXPERIENCE PROJECTION We are projecting the future experience to determine the rate adequacy for the new policy year as shown in the following table: Table 3 Experience Projection for July 1, 2023 through June 30, 2024 Contributions $12,365,136 Less: Net Claims Paid $10,013,879 Less: Expenses $2,122,826 Plus: Investment Earnings $0 Addition (Reduction) to Claim Fluctuation Reserve $228,431 Projection Assumptions: 1. Average of 561 covered employees 2. Investment Return of 0% per year 3. Medical and Rx trend at 6.3% Dental and Vision trend at 3.0% 4. Contribution Rates (medical, dental vision) effective 7/1/2022 as follows: Single Family $846 $2,115 Based on this analysis, we conclude that the rates for the coming year, when taken in conjunction with the $3,989,256 claim fluctuation reserve, will be adequate. Page 126 of 295 Gallagher Insurance Risk Management Consulting City of Waterloo IBNR Analysis Based on Medical Claims Paid Through June 30, 2023 Incurral Month Exposure Unit Paid to Date Claims by Incurral Date it Completion Factor Claims Ou g Claim Reserve - Ou g Claim Reserve Mo Claims Claims Per Unit Incurred Claims Per Unit Rolling Twelve Months Incurred Claims Per Unit Rolling Six Months Incurred Claims Per Unit Rolling Three Months Incurred Claims Per Unit 6 of 8 Months (Employees) Averaging (Before Margin) (Margin Applied) PEPM PEPM PEPM PEPM PEPM Aug-21 575 $607,053 1.0000 $607,053 $0 $0 $82,177 $1,056 $1,056 Sep-21 572 $553,805 1.0000 $553,805 $0 $0 $490,309 $968 $968 Oct-21 570 $897,569 1.0000 $897,569 $0 $0 $764,161 $1,575 $1,575 $1,199 Nov-21 573 $631,640 1.0000 $631,640 $0 $0 $775,730 $1,102 $1,102 $1,215 Dec-21 569 $767,841 1.0000 $767,841 $0 $0 $734,110 $1,349 $1,349 $1,342 Jan-22 567 $794,568 1.0000 $794,568 $0 $0 $584,663 $1,401 $1,401 $1,241 $1,284 Feb-22 569 $545,285 1.0000 $545,285 $0 $0 $712,548 $958 $958 $1,225 $1,236 Mar-22 570 $872,391 1.0000 $872,391 $0 $0 $611,163 $1,531 $1,531 $1,319 $1,297 Apr-22 569 $550,741 1.0000 $550,741 $0 $0 $908,860 $968 $968 $1,218 $1,152 May-22 566 $1,113,240 1.0000 $1,113,240 $0 $0 $551,055 $1,967 $1,967 $1,362 $1,488 Jun-22 564 $652,603 1.0000 $652,603 $0 $0 $701,037 $1,157 $1,157 $1,330 $1,363 Jul-22 561 $836,431 1.0000 $836,431 $0 $0 $733,434 $1,491 $1,491 $1,293 $1,345 $1,539 Aug-22 562 $640,986 1.0000 $640,986 $0 $0 $1,095,977 $1,141 $1,141 $1,300 $1,376 $1,263 Sep-22 559 $666,276 1.0000 $666,276 $0 $0 $759,827 $1,192 $1,192 $1,319 $1,319 $1,274 Oct-22 562 $693,616 0.9999 $693,677 $61 $67 $604,249 $1,234 $1,234 $1,291 $1,364 $1,189 Nov-22 566 $839,968 0.9994 $840,441 $473 $520 $713,042 $1,484 $1,485 $1,323 $1,283 $1,304 Dec-22 567 $772,121 0.9992 $772,736 $615 $677 $834,250 $1,362 $1,363 $1,324 $1,318 $1,361 Jan-23 564 $600,797 0.9977 $602,201 $1,404 $1,544 $742,461 $1,065 $1,068 $1,296 $1,247 $1,305 Feb-23 566 $589,580 0.9967 $591,531 $1,951 $2,146 $597,475 $1,042 $1,045 $1,304 $1,231 $1,159 Mar-23 562 $673,488 0.9926 $678,532 $5,044 $5,548 $733,467 $1,198 $1,207 $1,277 $1,234 $1,107 Apr-23 557 $628,440 0.9743 $644,989 $16,549 $18,204 $669,339 $1,128 $1,158 $1,293 $1,221 $1,137 May-23 558 $799,503 0.8800 $908,577 $109,074 $119,982 $661,040 $1,433 $1,628 $1,264 $1,244 $1,331 Jun-23 561 $232,029 0.2887 $803,745 $571,716 $628,887 $899,597 $414 $1,433 $1,287 $1,256 $1,407 12 Months Incurred Claims PEPM - 6/1/2022 to 5/31/2023 Midpoint of Experience Period Midpoint of Rating Period Months to Trend Assumed Annual Trend Underwriting Adjustment PEPM Trended Claims for June 2023 $1,264 12/1/2022 6/15/2023 6.5 5.70% 1.10 $1,433 Base Claim Reserve @ 6/30/2023 6-Month Average Monthly Paid Claims Reserve Expressed as Months of Claims Margin Used $706,886 $717,230 0.99 10.00% This analysis is for illustrative purposes only, and is not a guarantee of future expenses, claims costs, managed care savings, etc. There are many variables that can affect future health care costs including utilization patterns, catastrophic claims, changes in plan design, health care trend increases, etc. This analysis does not amend, extend, or alter the coverage provided by the actual insurance policies and contracts. Please see your policy or contact us for specific information or further details in this regard. O 2021 GALLAGHER BENEFIT SERVICES, INC. AJG.com age of 295 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Motion approving Change Order No. 3 with Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for a net increase of $64,081.50, in conjunction with FY 2023 CIP Pipelining Phase IVA3 Project, Contract No. 1063, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Change Order No. 3 with Muncipal Pipe Tool LLC 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. Change Order Page 128 of 295 Page 129 of 295 CHANGE ORDER NO. 3 Owner City of Waterloo Project FY 2023 CIP PIPELINING PHASE IVA3 Date: August 28, 2023 Owner's Contract No. 1063 Contractor Municipal Pipe Tool Co. LLC SRF NON-SRF Date of Contact Start 6-tu1-21 Contract Amount: $ 1,010,539.90 $ You are directed to make the following changes in the Contract Documents. Description: 201 36" PATCHING OR GROUTING - ADDITIONAL TIME AND MATERIALS $ 49,098.50 501 ADDITIONAL CLEANING $ 14,983.00 TOTAL' $ 64,081.50 ADDITION Reason for Change Order QUANTITY RECONCILIATION - See the attached AECOM Change Order No. 1 Tabulation CONTRACT PRICE Original: $ 1,010,539.90 Previous C.O.s {ADD/DEDUCT} $ This C.O. {ADD/DEDUCT) $ 64,081.50 Contract Price with all approved $ 1,074,621.40 Total Change Orders: $ 64,081.50 6.34% Total CO % SRF $ 1,010,539.90 5 $ 64,081.50 $ 1,074,621.40 NON- SRF $ 33,812.45 $ 33,812.45 TOTAL 5 1,108,433.85 Original Completion Date: CONTRACT TIME To Substantial To Final Completion Completion 6/23/2023 Revised Completion Date: 1 12/31/2023 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the changels) 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: Gl tOVI (A)CtACt&A.R1r Date August 28, 2023 Contractor (Authorized Signature} Date ACCEPTED: BY: August 28, 2023 AECOM Date AECOM 60682318 I 3 Project No. C.O. No. Page 130 of 295 AECOM August 28, 2023 Mr. Jesse Gaherty Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa, 50702 Subject: FY 2023 CIP Pipelining Phase IVA3 Change Order No. 3 City of Waterloo, Iowa City Contract No. 1063 AECOM #60682318 Dear Mr. Gaherty AECOM 501 Sycamore Street Suite 222 Waterloo. Iowa 50703 www aecom corn 319.232-6531 tel 319-232-0271 fax Attached is Change Order No. 3 for the FY 2023 CIP Pipelining Phase IVA3. The 36-IN pipe included in Bid Alternate No. 2 (201, $49,09850) had many more leaks that previously noted The leak discovery during the bidding process was under full flow conditions. Once Municipal Pipe Tool Co LLC (MP) bypassed the segment 50 additional leak locations were noted. This change order request is based on the extra time it took to repair the pipe and extra materials to grout the leaks. MP requested that they get compensated for extra time for cleaning the segments prior to fining, see that attached spreadsheet City Staff and AECOM recommends paying 33% of the request (501 - $14,983.00). AECOM has reviewed the work described in this change order We recommend that the City of Waterloo approve Change Order No 3 in the amount of $64,081.50 (SRF). The revised contract amount of $1.074,621.40 (SRF) and $33.812 45 (non-SRF) brings the total contract to $1,108.433.85. That is a total increase to the contract of 6.34% Yours sincerely, Christopher G. Oelkers, PE Enclosure: Change Order No 3 Tabulation and Signature Form Additional Cleaning Spreadsheet Municipal Pipe Tool Co. LLC Change Order No 3 Request Form Letter from Brian Bowman to Municipal Pipe Tool Co. LLC L 5DCS5ProiectskWTRtri0682318_CIPP_Piti_IVA3t600_Construction_Supportl66O_Chango_OrtlerstC0 NO 3 - SRRwat C1PP PH IVA - Change Order No 3 LW Coot Page 131 of 295 CONTRACT CHANGE ORDER Owner: CITY OF WATERLOO Change Order No.: 3 Project: FY 2023 CIP PIPELINING PHASE IVA3 Location: WATERLOO. IOWA Date: July 22, 2023 City Project No.: CONTRACT#1063 Contractor: Municipal Pipe Tool Co. LLC PO Box 398 Hudson. IA 50643 You are hereby requested to comply with the following changes from the contract plans and specifications. Justification: Extra time and labor to seal pipe. Pre bid video showed 24 spots, there were 74 when the bypass was up and running to seal Bid included 160 hours for MPT Acute' hours was 362.50. Bid included $2238 in pump fees. actual was 63894 Item Qty Description Unit Unit Price Ext Price No. 1 202.5 Extra grouting labor MPT HR $ 165.00 33,412 50 2 1 Bypass pumps and hoses LS $ 1.656 00 1,656 00 3 1 Dependable's extra materials and L5 $ 14.030 00 14,030 00 labor Change Order $ 49,098.50 The Contract Period provided for completion increase by days: 0 This document will become a supplement to the contract and all provisions will apply hereto Requested: Contractor Municipal Pipe Tool Co LLC sharoin. waschleat Title Project Manager Date. July 22, 2023 Accepted: Owner: CITY OF WATERLOO Title: Date Page 132 of 295 VIDEO ID BASE/ALT # MAP # US MH DS MH Pipe Size Prep Crew Verified Dia Map Length Prep Date Prep Heavy Clean Prep Lumberjac k FT LJ Hours Al $ 83 BASE 38 03-21 03-20 81 8 297 11/21/22 297 297 17' 64 BASE 31 23-06-02 23-06-01 8 8 275 11/10/22 0 278 11.25 5 72 BASE 32 05-44 05-43 8 8 373 12/06/22 0 375 7 5 $ 37 BASE 30 23-11 23-10 8 6 293 10/19/22 0 294 6.25 5 84 BASE 03-23 03-22 8 8 240 11/18/22 0 245 4.75 $ 13 BASE _38 29 01-21-04 01-21-03 8 8 380 12/12/22 0 383 4.5 $ 53 BASE 31 22-01 23-04 6 8 301 11/14/22 0 303 4.5 $ 27 BASE 30 01-19-03 01-19-02 8 8 230 10/28/22 0 230 4 $ 5 BASE 29 01-20-02 01-20-01 8 8 349 10/27/22 0 348 4 $ 78 BASE 34 03-10-14 03-10-13 8 8 305 11/18/22 0 310 4 5 57 BASE 31 22-03-02 22-03-01 8 8 206 11/09/22 0 208 3.75 $ 22 BASE 30 01-18-01 01-18 8 8 299 10/31/22 0 300 3.5 $ 15 BASE 29 01-22 01-21 10 8 370 12/07/22 0 373 3.25 $ 47 BASE 31 01-13-03 01-13-02 8 8 289 11/08/22 0 292 3.25 $ 50 BASE 31 01-15-01 01-15 8 8 300 11/04/22 0 302 3.25 5 31 BASE 30 23-08 23-07 8 8 290 10/26/22 0 290 2.75 $ 34 BASE 30 23-09-03 23-09-02 8 8 252 10/20/22 0 255 2.75 $ 20 BASE 30 01-17-01 01-17 8 8 343 11/02/22 0 346 2.75 $ 26 BASE 30 01-19-02 01-19 8 8 402 10/31/22 0 405 2.5 5 4 BASE 29 01-20-01 01-20 8 8 25310/27/22.10/2 0 243 2.5 $ 56 BASE 31 22-03 22-02 8 8 294 11/10/22 0 297 2.5 $ 2 BASE 28 23-10 23-09 8 8 327 09/20/22 227 2.5 $ 91 ALT 1 ALT 1 03-16-01 03-16 8 8 255 01/13/23 0 290 2.5 5 33 BASE 30 23-09-02 23-09 8 8 243 10/20/22 0 245 2.25 $ 25 BASE 30 01.19 01-18 10 8 328 12/08/22 332 332 2,25 $ 51 BASE 31 01-15-02 01-15-01 8 8 316 11/04/22 0 320 2.25 $ 75 BASE 34 03-10-08 03-10-07 8 8 375 11/17/22 0 378 2.25 $ 16 BASE 29 01-22-02 01-22 8 8 235 11/11/22 0 242 2.25 $ 5 l' ACCORDING TO BRIAN BOWMANS 08/28/2023 LETTER, THE CITY WILL PAY 33% OF THE EXT Page 133 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rudy Jones, Community Development Director Community Development Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Motion approving the appointment of Lontavius Jordan from the current Civil Service list to the position of Rehab Specialist in the Community Development Department, effective October 2, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. HOUSING REHABILITATION SPECIALIST 5.2023.pdf from kate Page 134 of 295 PERSONNEL REQUISITION FORM Check as applicable: ❑ To start recruiting or civil service process and/or ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ® To fill a vacancy ***************ir***********iris$***irk*******4***it****************************lilt****************k**** Position Title: Housing Rehabilitation Specialist Reports To: Director Employment Status: Regular Full Time 0 Regular Part Time n Regular 7-Month Type of Position: Civil Service Position: ® Yes Bargaining Position: ❑ Yes Bargaining Group: Non -bargaining Position: ® Yes ❑ No ® No ❑ No Department: Community Development Work Location: 620 Mulberry Street Temporary Full Time from to Temporary Part Tirne from to Intern/Co-op Student from to Recommended Recruitment Sources: ❑ nternal Posting Only rill Internal Posting and External Advertising ********s**************s************************************************************************* Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Kelly Martin- Housing Rehab Specialist (Specify name and titre of former incumbent) Date incumbent terminated employment: t} Date of final payout: Anticipated start date: asap No, of hours/week: 40 Work schedule: TBD Justification of need for position: resignation of rehab specialist What are the likely consequences lithe position is not filled? we will be unable to meet benchmarks for our Lead Hazard Control Grant APPROVALS Annual salary requirements: Hourly Rate: $23,00-26.00 Benefits: yes (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 subject to the following conditions: g"%t _ -1?1,1r "77/4 Id ubmitting-Depar lent Head Date ?,44--ntt 7A-}oo4P 05/11/2023 04:03 PM EDT Chief Financial Officer 2.7 F» 05/11/2023 04:06 PM EDT Date Human Resources Cotnmittee Chairperson Date 05/11/2023 01:27 PM EDT Mayor 05/11/2023 03:37 PM EDT Date City Clerk/Human Resources Director Date Created 8/7/2014 Page 135 of 295 16. Performs all work duties and activities in accordance with City policies, procedures and City, OSHA and Community, Planning & Development safety rules and regulations, 17. Performs all other related duties as assigned. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? Yes, only on a temporary basis as their rest of the department will have a full work load. (3) How is the work of this position being accomplished now? The work is currently being done by sharing the work within the department. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, with the exception of the temporary position. They will be doing limited job function. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? The rehabilitation load has nearly doubled in the past year and a half, The department has benchmarks to meet to continue to receive funds. We need additional rehab staff to carry out the large number of projects that are required by the lead grant. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No cost savings. However, it would help secure our current Lead Grant and additional Lead Grants, (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? Not Applicable (8) (9) 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. Our funding sources change on a regular basis, The Rehabilitation Services was already a person short. With the work load that has doubled the rehab staff will need to be brought back to full capacity to keep up with the benchmarks of the federal dollars. If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Not filling the position would adversely affect our Page 136 of 291 ability to draw down f..deral funds to provide the much needed services in the community. This position is needed to carry out the obligations of the Want funds. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The Rehabilitation Manager will cover this position. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No, this position require specialized training and HUD approved access to their systems (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? All of our positions are key in performing our objectives. This position carries out the project requirements for federal funds. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Without this position being filled, we will not be able to access federal funds to perform programs and provide services as stated in the goals and objectives. �>, Page 137 of 295 Submit resume by going to www.cityofwaterlooiowa.com, clicking on Job Vacancies, reviewing the Housing Rehabilitation Specialist description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly mailed resumes. Deadline to submit resume is Noon on Friday, October 4, 2019. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION HOUSING REHABILITATION SPECIALIST DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT COMMUNITY PLANNING & DEVELOPMENT $19.00 - $22.00 per hole' NON-EXEMPT INCLUDED NON -BARGAINING f p0� .07;, GENERAL STATEMENT OF DUTIES Technical and administrative position responsible for performing a wide range of community development assignments including housing rehabilitation and inspections using Federal, State and private funding sources following Federal and City of Waterloo regulations. The work is performed under the general direction of the Senior Rehabilitation Specialist or the Community Development Director, but considerable leeway is granted for the exercise of independent judgment and initiative. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only These functions are considered essential for successful performance in this job classification. 1. Assists low and moderate income homeowners in improving and rehabilitating their properties. 2. Offers technical advice and information on remodeling and rehabilitation techniques. 3. Conducts client interviews and inspections to assess property needs including ways to address existing lead -based paint hazards. 4. Prepares work write-up reports and cost estimates of rehabilitation work. 5. Coordinates rehabilitation work with contractors, offering knowledge of construction techniques and methods. 5. Prepares work agreement/contract between the homeowner and contractor. 7. Conducts follow-up inspection of work completed by contractor as stated in the work agreement/contract. 8. Maintains individual case files, cross-referenced files and other reports. 9. Provides technical information to property owners about various financial methods available for rehabilitation purposes. 10. lntezprets contracts on behalf of property owners. 11. Advises members of the public who are seeking information concerning improving and rehabilitating their home. 12. Assists in educating homeowners about the dangers of lead and lead -based paint. 13. Operates standard passenger vehicle to perform some essential functions. 14. Works independently and with others with minimum supervision. 15. Attends work regularly at the designated place and time. 16. Performs all work duties and activities in accordance with City policies, procedures and City, OSHA and Community, Planning & Development safety rules and regulations. Page 138 of 295 17. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES I. Knowledge of minimum housing standards and building code regulations. 2. Knowledge of methods and techniques utilized by private and community organizations concerned with social welfare. 3. Working knowledge of building construction, remodeling costs and applicable codes and ordinances related to building construction. 4. Ability to participate in and discuss problems with people to arrive at solutions to difficult social and economic problems. 5. Ability to complete required training for lead - based paint certifications within designated time, as determined by the department head. d. Ability to present materials and information in good report form, complete forms and perform required record keeping. 7. Skilled in use of personal computer and ability to learn related software applications, enter and retrieve information on a computer,' develop computer -generated reports and update records. 8. Ability to read, understand and follow Federal regulations regarding government -financed homeowner rehabilitation and remodeling. 9. Ability to interpret complex municipal housing codes and ordinances and make decisions and recommendations regarding rehabilitation and remodeling, following specific guidelines. 10. Ability to prepare and review cost estimates. 11. Ability to communicate effectively orally and in writing, present facts and findings, give advice and recommendations and respond to questions from the public, public officials, coworkers, contractors, property owners and government agency representatives tactfully and in a clear, concise and easily understandable manner. 12. Ability to maintain effective working relationships with other City employees, supervisors, public officials, other government agency representatives and the public. 13. Ability to keep accurate and thorough records. 14. Ability to function with independent judgement and skills to plan, organize and implement rehabilitation duties. 15. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/equivalent with a minimum of three years progressively more responsible experience in building construction, business, finance, building design and engineering or closely related field OR Graduate of an accredited technical school with a two-year Associate of Applied Science Degree in architectural and construction technology and a minimum of one year responsible experience in building construction, business, finance, building design and engineering or closely related field OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Iowa driver's License and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 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 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 Page 139 of 295 period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. Failure to maintain this license will result in disciplinary action. ESSENTIAL PHYSICAL ABILITIES 1. Sufficient speech and hearing that permits the employee to respond to questions from the public, loan institutions, other government agency representatives, contractors, public officials and coworkers in person or on the telephone. 2. Sufficient personal mobility that permits the employee to safely operate a passenger vehicle, travel inside and outside in all weather, perform inspections on rehabilitated properties, travel for training and to attend meetings. 3. Sufficient vision that permits the employee to operate a personal computer and motor vehicle, inspect rehabilitated properties, review plans on rehabilitation sites, review records, files, government rules, regulations and documents, and perform other administrative and technical duties. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including employment, education, criminal history and motor vehicle record checks on any applicant being considered for this position. 2. Following a conditional offer of employment, the City of Waterloo reserves the right to require a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 3. Must obtain and maintain lead -based paint certifications within time frame determined by department head. 4. Must submit to and pass Civil Service examination procedures including an oral interview. WORK SCHEDULE Generally 8:00 a.m. to 5:00 p.m. Monday through Friday with a one hour unpaid lunch. Must also be available for department or City activities or meetings that require the attendance of the Housing Rehabilitation Specialist. Occasional out-of-town travel for training. Limited overtime. EXAMINATION INFORMATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. ORAL EXAMINATION DATE Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. HOUSING REHABILITATION SPECIALIST DESCRIPTION 19 September 2019 Page 140 of 295 PERSONNEL REQUISITION Rehabilitation Specialist The following questions are provided as guidelines to assist you in developing your rational for the position of Rehabilitation Specialist in the Community Development 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? 1. Assists low and moderate income homeowners in improving and rehabilitating their properties. 2. Offers technical advice and information on remodeling and rehabilitation techniques. 3. Conducts client interviews and inspections to assess property needs including ways to address existing lead -based paint hazards. 4. Prepares work write-up reports and cost estimates of rehabilitation work. 5. Coordinates rehabilitation work with contractors, offering knowledge of construction techniques and tnethods. b. Prepares work agreement/contract between the homeowner and contractor. 7. Conducts follow-up inspection of work completed by contractor as stated in the work agreement/contract. 8. Maintains individual case files, cross-referenced titles and other reports. 9. Provides technical information to property owners about various financial methods available for rehabilitation purposes. 10. Interprets contracts on behalf of property owners. 11. Advises members of the public who are seeking information concerning improving and rehabilitating their home. 12. Assists in educating homeowners about the dangers of lead and lead -based paint. 13. Operates standard passenger vehicle to perform some essential functions, 14. Works independently and with others with minimum supervision. 15. Attends work regularly at the designated place and lithe. Page 141 of 29$ CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Motion approving appointment of Yvonne Brimmer to the position of Administrative Secretary in the Public Works Department, effective September 25, 2023, pending pre -employment physical and drug testing. RECOMMENDED COUNCIL ACTION Approve Appointment SUMMARY STATEMENT AND BACKGROUND INFORMATION Yvonne will be replacing Jennifer Seifried who resigned earlier this year. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. ADMINISTRATIVE SECRETARY -STREETS 7.2023 Page 142 of 295 Page 143 of 295 PERSONNEL REQUISITION FORM Check as applicable: 0 To start recruiting or civil service process and/or To till a vacancy 0 Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. **** Position Title: Administrative Secretary * *** *************************************** Department: Street Department Reports To: Public' Works Coordinator Work Location: 625 Glenwood St. Employment Status: ei Regular Full Time 0 Temporal)! Full Time from to 0 Regular Part Time Ej Temporary Part Time from to 0 Regular 7-Month 0 Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: Recommended Recruitment Sources: 0 Yes No 0 Internal Posting Only 0 Yes No Internal Posting and External Advertising Non -bargaining Position: Yes 0 No * Complete the following if the requisition is to fill a vacancy: 0 New Position or [El Replacement Position for: Jennifer Seifried, Administrative Secretary (Specify name and title of former incumbent) Date incumbent terminated employment: 7/10/2023 Date of final payout: N/A Anticipated start date: ASAP No. of hoursiweek: 40 Work schedule: 7:00 am - 4:00 pm Justification of need for position: Admin Secretary provides administrative support to the Street and Central Garage Departments. ** What are the likely consequences if the position is not filled? Accounts payable, payroll and invoicing for the Street and Central Garage Departments will not be completed on time and will fall further behind in all aspects. Annual salary salary requirements: APPROVALS Hourly Rate: $23%1% Benefits: 33, 2-6714 q- (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? Yes Ej No lino, how will position be funded? Arnow(' subject to the following conditions: inining Department Head '82i,eyett Date 07/16/2023 09 51 PM EDT Chief Financial Officer 12_ Date 07/18/2023 11:33 AM EDT Human Resources Committee Chairperson Date Querdo I -tart 07/14/2023 12:37 PM EDT Mayor Date 07/14/2023 rG9O 03:10 PM EDT City Cierialutrian Resources Director Date Created 8/7/2014 Page 144 of 295 PERSONNEL REQUISITION Administrative Secretary The following questions are provided as guidelines to assist you in developing your rational for the position of Administrative Secretary in the Public Works Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? This role currently assists the Street and Central Garage Departments with accounts payable, accounts receivable, and payroll. (2) Can the job responsibilities of this position be assigned to other employees within the department'? If no, why not? No, the current administrative staff have all been assigned to other departments within Public Works and do not have the bandwidth to take on additional duties long term. (3) How is the work of this position being accomplished now? The duties have been split between other admin secretaries but this is not sustainable long term. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the handling of daily operations including payroll, accounts payable and accounts receivable. This support position will help provide administrative support to the Street and Central Garage Departments. (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? N/A (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 workload remains constant. This is a replacement position and not an additional hire. Page 145 of 295 (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. 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. This position is necessary for the handling of department operations on a daily basis. Without this role, accounts payable, accounts receivable and payroll for the Street and Central Garage Departments will not be completed. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The other administrative secretaries help to cover daily operations but this is not sustainable long term. (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? I do not believe it is practical to outsource these duties. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Each of the positions in the department have unique responsibilities making it difficult to rank and compare them. If unfilled, the work would not get done. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position is a support role to both the Street and Central Garage Departments and as such, help those departments meet the goals and initiatives outlined by the City Council. Note: Forward completed questionnaire to Human Reso Department with original copy of Personnel Requisition form. Page 146 of 295 CITY OF TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION ADMINISTRATIVE SECRETARY DEPARTMENT PUBLIC WORKS- STREET AND CENTRAL GARAGE SALARY $26.43 PER HOUR FLSA NON-EXEMPT CIVIL SERVICE EXCLUDED BARGAINING UNIT NON -BARGAINING GENERAL STATEMENT OF DUTIES Under the general direction of the Public Works Coordinator, using independent judgement, and exercising a high level of discretion in dealing with confidential matters, provides administrative and secretarial support to the Street and Central Garage Departments. Assists other Public Works clerical staff as needed. Work is performed with limited supervision. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative onlv) These functions are considered essential for successful performance in this job classification. 1. First point of contact for most Street and Central Garage Department inquiries including answering customer calls for service or complaints and dispatching appropriately; promotes positive customer service and provides accurate and timely response to telephone inquiries. 2. Assists Public Works Coordinator in completing special projects or other more difficult job assignments. 3. Prepares and maintains various office files to support Street and Central Garage Departments. 4. Assists in preparing correspondence as directed. 5. Prepares department payroll, accounts receivable and accounts payable utilizing New World financial system. 6. Helps prepare department press releases. 7. Orders office supplies and maintains inventory for Public Works Division. 8. Provides departmental updates for website and social media. 9. Assists with compiling data for annual department operating budget. 10. Maintains personnel records for department employees. 11. Provides administrative support to department directors for sensitive personnel actions. 12. Distributes all incoming correspondence and department mail. 13. Maintains/updates voice messages on incoming calls. 14. Coordinates department support of City services, for example, snow removal. 15. Provides complaint tracking. Page 147 of 295 16. May be cross -trained to assist other Public Works departments, administrative secretaries, or other clerical staff as needed. 17. Communicates with and maintains effective working relationships with supervisor, coworkers, other City department administrative and clerical staff and the public. 18. Makes decisions in accordance with department and City policies and established regulations. 19. Works independently and with others with minimum supervision. 20. Attends work regularly at the designated place and time. 21. Performs all work duties and activities in accordance with City, Public Works and OSHA policies, procedures and safety practices. 22. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Thorough knowledge of secretarial functions, terminology, office procedures and equipment. 2. Ability to type at least 50 words per minute net of errors (verification of typing speed required at a later time if being seriously considered for position). 3. Ability to maintain confidentiality regarding sensitive information. 4. Thorough knowledge of and ability to use Microsoft Word, Excel and other specialized software applications appropriate to assigned duties and responsibilities; ability to enter and retrieve information and update records on computer. 5. Ability to speak clearly and distinctly, write legibly, prioritize work, produce a quality product within strict time lines and handle multiple tasks. 6. Ability to answer questions and provide information to the public and other City staff in person, by telephone or by email in a clear, concise and easily understandable manner. 7. Ability to exercise independent judgment and make decisions based on Public Works and City policies and applicable government regulations. 8. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 9. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Associate's Degree (two year) in secretarial or business -related field with a minimum of two years of experience as an executive or administrative secretary in an office setting OR High school graduate/GED with minimum of four years of experience as an executive or administrative secretary in an office setting with post high school formal education in secretarial or clerical field OR Any equivalent combination of experience and training that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Thorough knowledge of and ability to use Microsoft Word, Excel and other specialized software applications appropriate to assigned duties and responsibilities. Page 148 of 295 ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without reasonable accommodation. 1. Sufficient clarity of speech and hearing that permits the employee to communicate effectively with supervisors, other employees and the public in person or by telephone. 2. Sufficient vision and manual dexterity that permits the employee to operate personal computer and other standard office equipment, handle files and other papers, perform customer service duties and other secretarial responsibilities. 3. Sufficient personal mobility that permits the employee to move from one Public Works work area to another. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including education and employment checks on any applicant being considered for this position. 2. The City of Waterloo reserves the right to require a physical examination by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of this position. 3. Required to submit to and successfully pass one or more interviews. 4. If being considered for position, may be required to show verification of Microsoft Word and Excel skills by testing as determined by the Public Works Coordinator. WORK SCHEDULE 7:00 a.m. — 4:00 p.m. with one -hour unpaid lunch. Willing to work extended shifts and flex hours during emergencies. ORAL EXAMINATION All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. ADMINISTRATIVE SECRETARY PUBLIC WORKS- STREETS 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 149 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rudy Jones, Community Development Director Community Development Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Motion approving the appointment of Tracey Southall from the current Civil Service list to the position of Housing Manager in the Community Development Department, effective September 25, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Attachment for program manager Page 150 of 295 2. Attachment #1 Program manager Page 151 of 295 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Housing Program Manager Department: Community Development Reports To: Rudy D. Jones, CD Director Work Location: 620 Mulberry Employment Status: ® Regular Full Time ❑ Temporal), Full Time from to ❑ Regular Part Titne n Temporary Part Time from to n Regular 7-Month n Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® Yes ❑ No ❑ Internal Posting Only Bargaining Position: ❑ Yes ❑ No ❑ Internal Posting and External Advertising Bargaining Group: Non -bargaining Position: ® Yes ❑ No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Matt Chesmore- Senior Rehabilitation Specialist (Specify name and title of former incumbent) If replacement, former incumbent: Retired esigned/ erminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 4/14/23 Date of final payout: Anticipated start date: ASAP No, of hours/week: 40 Work schedule: 8-5 Justification of need for position: Will need a prgram manager for all programs What are the likely consequences if the position is not filled? w APPROVALS Annual salary requirements: Hourly Rate: $27.00-$32.00 Benefits: yes (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 subject to the following conditions: r Submittin epartmenl ead Date Mayor Date Chief Financial Officer Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 152 of 295 DEPARTMENT SALARY/GRADE FLSA CIVIL SERVICE BARGAINING UNIT HOUSING PROGRAM MANAGER COMMUNITY, PLANNING & DEVELOPMENT $ 27-32/HR NON-EXEMPT INCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES Technical, professional and supervisory position responsible for coordinating the federally funded housing programs for low and moderate -income homeowners, landlords and tenants. Programs include, but not limited to new construction, lead -paint hazard rehabilitation, rental rehabilitation and emergency repairs. The work is performed and supervised under the general direction of the Community Development Director, but considerable leeway is granted for the exercise of independent judgement and initiative. Supervises and coordinates activities of technical and clerical rehabilitation staff. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Coordinates and supervises activities of the rehabilitation staff and receives and investigates complaints. 2. Provides administrative and technical support to Community Development Director in establishing programs and objectives and developing procedures related to housing and rehabilitation programs. 3. Assists in planning, organizing, directing and reviewing work of Community Development rehabilitation staff. 4. Carries own caseload including: a. assisting homeowners in improving and rehabilitating their properties by offering technical advice and information on new construction and rehabilitation techniques. b. conducting client interviews and inspections to assess property needs. c. preparing work write-up reports and cost estimates for rehabilitation, new construction and emergency repair work. d. coordinating rehabilitation, new construction and emergency work with contractors. e, preparing work agreements/contracts between homeowner and contractor. f. conducting follow-up inspections of work completed by contractor as stated in the work agreement/contract. maintaining individual case files and cross-referenced files and other reports. h. submitting required reports to local, State and Federal agencies. g• 5. Assists in drafting revisions to the Single Family Owner Occupied Housing Assistance Program and other related housing related activities and recommends new or revised operating policies and procedures as needed. 6. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 7. Operates standard passenger vehicle. 8. Works independently and with others with minimum supervision. 9. Performs all work duties and activities in accordance with OSHA, Community Development and City policies, procedures and safety practices. Page 153 of 295 10. Attends work regularly at the designated place and time. 11 Performs related work as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Working knowledge of building construction, remodeling costs and applicable codes and ordinances related to building construction. 2. Knowledge of conventional financing techniques and govermnent financing process. 3. Personal computer skills and ability to learn related software applications, enter and retrieve information on a computer, develop computer -generated reports and update records. 4. Ability to read, understand and follow Federal, State and Local regulations regarding government financed homeowner rehabilitation and new construction. 5. Ability to interpret complex municipal housing codes and ordinances. 6. Ability to discuss rehabilitation and other housing related activities with homeowners and other interested parties. 7. Ability to make decisions and recommendations regarding rehabilitation and other housing related activities following specific guidelines. 8. Ability to prepare and review cost estimates. 9. Strong organizational, analytical and decision -making skills with ability to participate in and discuss problems with people to arrive at solutions. 10. Ability to present materials and information in good report form, complete forms and keep accurate and thorough records. 11, Ability to communicate effectively orally and in writing, present facts and findings, give advice and recommendations and respond to questions from contractors, homeowners, government agency representatives and public officials tactfully and in a clear, concise and easily understandable manner. 12. Ability to maintain effective working relationships with other City employees, supervisors, contractors, financial institutions and the public. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor' s Degree in construction technology, construction management or closely related field with minimum three years progressively more responsible experience in management, construction and rehabilitation or related field, OR Associate's Degree in construction technology, construction management or closely related field with minimum five years progressively more responsible experience in management, construction and rehabilitation or related field, OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. Work experience must be verifiable with a government or human services agency or construction or other related business enterprise. 3. Certification in Housing Quality Standard (HQS), Lead Paint Visual Assessment Certification, Lead Inspector/Risk Assessor, Iowa Association of Housing Officials Inspector Certification (IAHO), or able to obtain within six months of employment. 4. If operating a City vehicle, Iowa Driver's License and good driving record based on the City of Waterloo driver performance criteria. Four or more moving violations within the Page 154 of 295 previous three years, three or more moving violations within the previous one-year, or conviction or loss of license for DUI, reckless driving or other major moving violation within the previous five years will automatically eliminate a candidate from operating a City vehicle. Conviction or loss of license for DUI, reckless driving or other major moving violation after employment will result in revocation of employee driving privileges with a City vehicle. Four or more citations for moving violations within a three year period or three or more citations for moving violations within a one year period will be reviewed on a case -by -case basis and may result in revocation of employee driving privileges with a City vehicle. Two or more at -fault accidents within a three-year period while driving a City vehicle may result in revocation of employee driving privileges with a City vehicle. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to respond to questions from clients, contractors, financial institutions, Federal agency representatives and coworkers in person or on the telephone. 2. Sufficient personal mobility that permits the employee to safely operate a passenger vehicle, visit all housing related project sites, attend meetings at various City and community facilities and occasionally travel out of town. 3. Sufficient vision that permits the employee to operate a personal computer and passenger vehicle, review contracts, records, files, government rules, regulations and perform other technical and administrative responsibilities. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 2. Following a conditional offer of employment, the City of Waterloo reserves the right to require a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 3. If using a City vehicle, must have Iowa Driver's License and good driving record based on the City of Waterloo insurability criteria. 4. Must submit to Civil Service examination procedures including a panel interview. WORK SCHEDULE Generally 8:00 a.m. to 5:00 p.m. Monday through Friday with one hour unpaid lunch. Must also be available outside these hours for department or City activities or meetings that require the attendance of the Housing Program Manager Occasional out-of- town travel. Limited overtime. Revised 4/28/23 Page 155 of 295 INTERVIEW QUESTIONS HOUSING PROGRAM MANAGER — COMMUNITY DEVELOPMENT DATE TBD Mollenhoff Conference Room Panel: Rudy Jones, Community Development Director Angie Fordyce, Community Development Coordinator 1. Describe your education & work experience as it relates to this position, especially as it relates to managing people and projects and programs. Describe experience doing work write-ups and specification writing. 2. What about computer skills — what software are you proficient with? What experience do you have performing research on the Internet? 3. What experience do you have working people from a broad variety of social, economic, racial, ethnic & cultural backgrounds? 4. What do you see as the overall purpose of neighborhood development, especially as it relates to housing? 5. What customer service skills would you use to address an upset rehab client, contractor, coworker, etc. who is concerned about the quality of work being performed on a project site? 6. Tell us what you know about Housing Quality Standards Inspections (HQS)? What related certifications, if any, have you received. Explain your experience and knowledge of the Residential Housing Code and Regulations? 7. Tell us about a previous jib situation when you made a mistake. Once you realized the mistake what did you do afterwards. Who corrected the mistake, another employee or supervisor? 8. Tell us about a conflict that you had to resolve with a coworker or client. How did you resolve it? 9. Describe experience developing new programs or training new contractors? 10. Describe your organizational skills. Give examples of organizational practices you use to make more efficient use of your time. 11, What do you know about lead based paint regulations & what related certifications do you hold? 12. What aspects of this position appeal to you the most? The least? 13. What are your long-term professional goals? How will this position help you attain those goals? 14. Is there anything else you would like to tell the panel that has not already been covered? HOUSING PROGRAM MANAGER INTERVIEW QUESTIONS 2023 Page 156 of 295 PERSONNEL REQUISITION [1 The following questions are provided as guidelines to assist you in developing your rational for the position of Housing Program Manager in the Community Development 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? To oversee the day to day activities of major housing activities, such as new construction, rehabilitation, lead grant remediation and emergency repairs from beginning to end (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No, because we have only 1 person with experience and credentials to perform related duties and their skillset doesn't allow for performance at the desired level we are now requesting. (3) How is the work of this position being accomplished now? It is being overseen by the only remaining rehab specialist and we are in the beginning stages of some of the more complex projects, like new construction and substantial rehabilitation. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, everybody has temporarily picked up additional tasks. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Our federal requirements call for use to meet financial expenditure benchmarks and we are lagging behind due to not having sufficient staffing to perform accordingly. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? There would be no cost savings, but it would greatly assist with us staying in compliance with our performance and spending obligations. (7) If you are paying overtime or comp time within your depat tiuent to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? We don't do overtime and comp time is minimal and usually due to a necessary administrative need, such as attendance and reporting at a board meeting. Page 157 of 295 (8) (9) 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. We have had up to 4 staff members in our Rehabilitation Division and currently at 1. The Pandemic greatly disrupted this and recovery is still going on. If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. It will contribute to our department being out of compliance due to not having personnel to oversee projects being so much of our funds have to be expended annually. Worst case scenario, we could lose federal funding. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? 1-2 weeks away from a project would not be reason for alarm and still be covered by remaining staff. (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? Very few agencies perform the multitude of various housing related tasks we do and one of the larger ones, Habitat for Humanity, is having housing staffing related challenges themselves. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? All of these positions are essential and critical. This one is where the administrative work is materialized in an actual product, be it a new structure, an existing structure repaired, etc. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? With the City's Elevate Housing strategy, this position is the one that will ensure that actual goals are met with the tangible housing related activities being performed. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 158 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department September 18, 2023 AGENDA ITEM TITLE Brandon Schoborg Board/Commission: Planning and Zoning Commission Expiration Date: 9/18/2026 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. Board & Commission Application - Brandon Schoborg Page 159 of 295 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: March 4, 2020 I, Brandon Schoborg , request to be appointed to (state preference): (Name) 1. Planning & Zoning Commission 2. Home Phone: Cell Phone: 319-464-5123 Work Phone: 319-874-6808 Email Address bschoborggcardinalconst.com Home Address 208 Whitetail Rdg, Hudsonw Zip Code 50643 Employer Cardinal Construction Title Executive Vice President Employer Address 1246 Martin Rd, Waterloo Zip Code 50701 How long have you resided in Waterloo? yrs Email address: List current membership in organizations and offices held: Waterloo Contractor's Board, Chairman am available for meetings: IN A.M. P.M. N Noon u Evenings I am available to serve on a Board/Commission the entire year: Yes ❑ No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: I have served on municipal boards in the past. I was the chair of the City of Hudson Parks and Recreation Dept. for 3 years. With my background in construction I deal with zoning requirements often as well. Additional information and comments that may not be evident from information already on this form: I have worked for Cardinal Construction for 15 years and have been in the Cedar Valley area for almost 20. References (include phone numbers): Jon Mixdorf- 319-232-5400 Greg Alhelm - 319-291-4319 George Wessel (Mayor of Hudson) - 319-988-3600 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 trainin sessions. This application will remain valid an on file for one calendar year from above date. . L4 3 d v `fa 1 4-u u `f m., ..�/3/03 � Signature .Z?„a„,.,) ,P,/,.4 , RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Rev04111l18 FAX 291-4286; EMAIL: mayorAwaterloo-ia.orcl; PHONE 291-4301 Page 160 of 295 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: Sec 4 7 2O.( 3 1, Acteoe_, fG nn , request to be appointed to (state preference): (Name) (71 1. A r kJO-A 2. Home Phone: CeII Phone: -1 7--0)3O '-c 4a work Phone: 3 lcr-01'7 - 2 2. Q �. Home Address 46b r7 IC. 'PA) Occid-t‘let1 5l :a Zipcode 6-0 Co 1 3 Employer 4 :; 1 r J e Title QLe) n ("— Employer Address l �� �c�� 5f 0a-tp-C-4-6aLZipcode 50 LoI ? How long have you resided in ? 4 t) years n LL I 1 \r.� List current membership in organizations and offices held: I am available for meetings: Q.A.M. .M.-Noon ❑ Evenings I am available to serve on a Board/Commission the entire year: ❑ Yes ❑ No (check below) ❑ Spring ❑ Summer ❑ Fall ❑ Winter II Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: boc .i o,-C.�e_r��rr�'i �lt�tl� CQ±Q U3cLQ C I \ V, o n� H . Additional information and comments that may not be evident from information already on this form: References (include phone numbers): raj 4-b Kcs SC�1� 1/dtq ,61r l-q'i 3 .31 - 40 -- ID/ 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 date above. 0-c-00—el___L— 4 l'l�l Signature 06103/2010 RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; PHONE 291-4301. Page 161 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Communication from the Engineering Department on the notice of the conclusion of employment of Dennis Gentz, Assistant City Engineer, effective August 18, 2023, with recommendation of approval of payout of $26,152.04 for unused benefits. 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. GENTZ PAYOUT 9-18-2023 Page 162 of 295 Page 163 of 295 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance Department CITY HALL 715 MULBERRY STREET, WATERLOO, IA 50703 Engineering Job Title/Classification Assistant City Engineer This is to report that the employment of Dennis Gentz with the City of Waterloo has been severed by reason of: Today's Date: 8/21/2023 Effective Date: 8/18/2023 Employment Date: 8/18/1980 E1 Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 126.5 $ 51.45 $ 6,508.43 Vacation -Current 38 $ 51.45 $ 1,955.10 Usable Sick Leave (x) 25% $ Frozen Sick Leave 573 $ 51.45 (x) 60% $ 17, 688.51 Personal Hours $ Comp Time Pay $ Unscheduled Leave $ Other Pay $ Total Payment $ 26,152.04 Approved by Jamie Knutson Human Resources uooa(u k'S:P_Jtc Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status [I-9 Date 8/21/2023 Date Updated 6/28/11 Page 164 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Communication from the Library Department on notice of the conclusion of employment of Kay Miller, Library Assistant, effective August 20, 2023, with recommendation of approval of payout of $1,420.58 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. K. MILLER PAYOUT 9-18-2023 Page 165 of 295 Page 166 of 295 CITY OF WATERLOOsIOWA To: City Council Members Re: Notice of Severance Department CITY HALL Library 715 MULBERRY STREET 50703 Today's Date: 8/23/2023 Effective Date: 8/20/2023 Employment Date: 12/15/1998 Job Title/Classification This is to report that the employment of Library Assistant with the City of Waterloo has been severed by reason of: Kay P. Miller ` 1 Retired Disability Related D No Qs L Resigned L] Termination n Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Began LTD on 1/21/2023. Benefits frozen 2/21/2023. Vacation accrued 12/15/2022- 2/21/2023. Approved by Human Resources Date gin 043 Date$) '21202,3 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk Clerk's Office will forward copy of approved form to Council Agenda Date: C� I I Si)- 0 Accruals (Copy in Personnel File) Department and Human Resources ❑Status Updated 6/28/11 Page 167 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Communication from the Library Department on notice of the conclusion of employment of Deborah Aalfs, Library Assistant, effective August 19, 2023, with recommendation of approval of payout of $5,511.53 for unused benefits. 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. AALFS PAYOUT 9-18-2023 Page 168 of 295 Page 169 of 295 CITY OF WATE To: City Council Members Re: Notice of Severance Department CITY HALL Library LOO, IOWA 715 MULBERRY STREET 50703 Today's Date; 8/21/2023 Effective Date: 8/19/2023 Employment Date: 8/411997 Job Title/Classification This is to report that the employment of Library Assistant Deborah L. Aaffs with the City of Waterloo has been severed by reason of: r 'I Retired Disability Related iThlo 1-7 Resigned L I Termination Other I I In accordance with City Policy, It is requested to allow payment which consists of the following: rota Haws _ ----8.-77 tx) Morn Rater—]Lrotet Payout -- --- $ 231.53 ilacation4ccraed $ 26.40 klacation.Current 170 $ 26.40 $ 4,488.00 Usable Sick Leave _ 0026% $ - !Frozen Sick Leave (x) 60% $ - INtsonal flours $ - PhiS Time 26.40 $ 792.00 Unscheduled Loave - ,Skk leave payback - Total Payment Comments: Last working day is 8/19/2023 $ 5,511.53 Approved by Human Resources Date S> Date 11(90A 031)-3 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk Clerk's Office will forward copy of approved form to 01 Council Agenda Date: . I11r_ Accruals (Copy in Personnel File) Department and Human Resources ['Status Ell Updated 6/28/11 Page 170 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 18, 2023 AGENDA ITEM TITLE Liquor Licenses a. Bamboo Ridge Campground, 4550 La Porte Rd, Class B Alcohol w/Sunday Sales (New) Exp: 9/13/2024. b. Landmark Commons, 1400 Maxhelen Blvd., Class F Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 8/31/2024. c. Prime Mart 5, 508 Broadway St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 9/15/2024. d. All in Grocers, 221 Franklin St., Class E Alcohol w/Sunday Sales (New) Exp: 9/24/2024. e. Anton's Garden, 518 Sycamore St., Class C Alcohol w/Outdoor Service and Sunday Sales (New - Extending Outdoor Sales from 9/29-30/2023) Exp: 10/1/2023. 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 Page 171 of 295 LEGAL DESCRIPTION ATTACHMENTS None Page 172 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department September 18, 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 None Page 173 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT David Eckert, Library Director Library Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Waterloo Public Library 2023 Interior Renovations Project, Contract No. 28439. RECOMMENDED COUNCIL ACTION Approve ward of bid and contract SUMMARY STATEMENT AND BACKGROUND INFORMATION Bids were let in July. The Library Board rejected all bids. The architect rewrote the specifications for reletting the bid. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tab Waterloo Public Library 2023 Interior Renovation Project 2. Woodruff Bid Documents Page 174 of 295 Page 175 of 295 Waterloo Public Library 2023 Interior Renovation Project, Contract No. 28439. Bid Tab Engineer's Estimate Base: $270,000.00 Alt 1: $44,000.00 Alt 2: $15,000.00 Alt 3: $2,500.00 Bidder Bid Security Base Bid Amount Alt 1 Exterior Windows (deduct) Alt 2 Stairs (deduct) Alt 3 Upper Wall Windows (deduct) Woodruff Construction Waterloo, IA 5% $289,700.00 $35,000.00 525,000.00 $900.00 Page 176 of 295 57 fln EIYri3 /N.1 /A rig Ass Cc)rz pTar.1 ' WOODRUFF CONSTRUCTION 1717 Falls Ave I Waterloo, IA 50701 BID SECURITY for: Waterloo Public Library 2023 Interior Renovations Prepared for: Bid Date: Waterloo Public Library 9/13/2023 7 Page 177 of 295 :.470GCRUEf CO5dSTiRUCTIoo X‘Vr 1717 FBIis Ave J Watar3oo. IA 50701 PROPOSAL for: Waterloo Public Library 2023 Interior Renovations Prepared for: Bid Date: Waterloo Public Library 9/13/2023 L J Page 178 of 295 SECTION 00 4100 BID FORM WATERLOO PUBLIC LIBRARY 2023 INTERIOR RENOVATIONS WATERLOO, IOWA ISG NO. 23-28439 Woodruff Construction, Inc. 9/13/2023 Submitted By (Company Name) Date Ladies and Gentlemen: The undersigned being familiar with the conditions; having made a field inspection and investigation I/we deem necessary; having studied the Plans and Specifications for the work, and being familiar with all factors and other conditions affecting the work and cost thereof, hereby propose to furnish all labor, tools, materials, skills, equipment, building permit, other fees and permits, and all else necessary to completely construct the project in accordance with the Plans and Specifications as prepared by ISG, 335 Cedar Street, Suite 200, Waterloo, Iowa 50701 for the prices as entered on the following pages of this proposal. I/We hereby certify that I am/we are the only person, persons, firm or corporation interested in this proposal as principals and that it is made without collusion with any person, firm or corporation. It is understood that the following Bid/Bids shall include all necessary materials, labor, supervision, machinery, equipment, tools, bracing, false work and other means of construction, including all necessary tests incidental to such installation. I/We guarantee all of the work performed under this contract shall be done in accordance with the drawings and specifications, in a good and workmanlike manner, and to redo or repair any work which may be rejected due to defective materials or workmanship, prior to the final acceptance of the project, by the Project Architect and the Owner. I/We propose to begin work and to prosecute the work so as to complete the same as indicated. BASE BID: Building Addition and Renovation to the existing building, demolition of existing elements to achieve new Work and other related Work indicated in the Drawings and Specifications for the Sum of: "C'W 0 hu dv-d 651,1j-vLi -1(1 o 4 Sain.dl SeA5-un httn dt Dollars ( X31boo.00 ALTERNATE NO. 1: Eliminate the two windows on the north wall of 100 Youth Area for the Sum of: (Add)�DeductD 11.n;r-i<'a,1e-1,-10.0LAScc.,t,,A Dollars ( 3 51(10 , ors ) ALTERNATE NO. 2: Omit the fun areas under the stairs (slide, climbing net, gathering stair, triangular cubby). The walls enclosing under the stairs will remain for the Sum of: (Add) (6educ3 �{y �;.f.Q &sou,A ak Dollars ( ac)CDoa.Da Project No 23-28439 Section 00 4100 - Page 1 of 3 c z c c L c Li Waterloo Public Library 2023 Interior Renovations Page 179 of 295 ALTERNATE NO. 3: Omit upper windows on south wall of 100 Youth Area for the Sum of: (Add) (Deduct), i 1114 rlctI-P,4 Dollars CONTRACT TIME: If this Bid is accepted, 1/we will: Commence work as soon as possible after Receipt of Notice to Proceed and shall complete the Work by the time indicated per Section 00 7300 - Supplementary Conditions. BID SECURITY - CONTRACTS: A properly executed bid bond of a sum no less than five percent (5%) of the base bid amount or a certified check in the amount of $ I N 1 LI $5,00 equal to no Tess than five percent (5%) of the base bid amount accompanies this proposal. It is understood that bids may not be withdrawn for a period of 30 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the bid security of the bidders for a period not to exceed 30 days after the date set for the opening of bids. ACKNOWLEDGEMENT OR RECEIPT OF ADDENDUM Received Addendum No. 1, dated A Received Addendum No. 2, dated Nl P Received Addendum No. 3, dated ): Project No 23-28439 Section 00 4100 - Page 2 of 3 Waterloo Public Library 2023 Interior Renovations Page 180 of 295 (A CORPORATION) (A LIMITED PARTNERSHIP) (A GENERAL PARTNERSHIP) (A SOLE PROPRIETORSHIP) (CIRCLE ONE OR INDICATE COMPANY OWNERSHIP STRUCTURE TYPE ABOVE) COMPANY NAME: Woodruff Construction, Inc. ADDRESS: 1717 Falls Ave, Waterloo, IA 50701 SUBMITTED BY: John Mallen (PRINT OR TYPE NAME) TITLE: NE Region President PHONE NUMBER: 1 ( 319 ) 233 - 3349 FAX NUMBER: 1 ( 319 ) 233 - 3369 E-MAIL ADDRESS: ohnm@woodruff.build u SIGNATURE: END OF SECTION Project No 23-28439 Section 00 4100 - Page 3 of 3 Waterloo Public Library 2023 Interior Renovations Page 181 of 295 ACKNOWLEDGMENT AND CERTIFICATION Woodruff Construction, Inc. ("Company") is providing services to the Waterloo Public Library as a vendor, supplier, contractor, or professional services provider or is operating or managing the operations of a vendor, supplier, contractor or professional service provider. The services provided by the Company may involve the presence of the Company's employees upon the real property of the Waterloo Public Library. The Company acknowledges that Iowa law prohibits a sex offender who has been convicted of a sex offense against a minor from being present upon the real property of the Waterloo Public Library. The Company further acknowledges that, pursuant to law, a sex offender who has been convicted of a sex offense against a minor may not operate, manage, be employed by, or act as a contractor, vendor, supplier, provider of services or volunteer at the Waterloo Public Library. The Company hereby certifies that no one who is an owner, operator or manager of the Company has been convicted of a sex offense against a minor. The Company further agrees that it shall not permit any person who is a sex offender convicted of a sex offense against a minor to provide any services to the Waterloo Public Library in accordance with the prohibitions set forth above. This Acknowledgment and Certification is to be construed under the laws of the State of Iowa. If any portion hereof is held invalid, the balance of the document shall, notwithstanding, continue in full legal force and effect. In signing this Acknowledgment and Certification, the person signing on behalf of the Company hereby acknowledges that he/she has read this entire document, that he/she understands its terms, and that he/she not only has the authority to sign the document on behalf of the Company, but has signed it knowingly and voluntarily. Dated: 9/13/2023 00995224-1\18929-01 Woodruff Construction, Inc. Title: NE Region President c.1ir.. nnrr Page 182 of 295 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: ❑✓ Yes El No ❑✓ Yes El No ❑✓ Yes El No ❑✓ Yes No ❑✓ Yes ID No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: 08 / 01 / 1990 to Now / / Address: 1890 Kountry Lane City, State, Zip. Fort Dodge, IA 50501 Dates: 05 / 25 / 1996 to Now / / Address. 1920 Phildelohia Street. Suite 102 City, State, Zip: Ames, IA 50010 Dates: 02 / 08 / 2016 to Now / / Address: 501 Greenfield Drive You may attach additional sheet(s) if needed. City, State, Zip. Tiffin IA 52340 To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. El Yes ❑No You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Woodruff Construction, Inc. Signature: John Mallen, NE Region President You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Date: 9/13/2023 Page 183 of 295 ti Additional Sheet for Bidder Status Form (continued) My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: 7 / 17 / 2017 to Present / t Address: 1717 Falls Avenue City, State, Zip: Waterloo, IA 50701 Page 184 of 295 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. ❑✓ Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. ❑ Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes D No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) Page 185 of 295 WOODRUFF CONSTRUCTION EVIDENCE OF AUTHORITY TO SIGN AMES September 13, 2023 Re: Waterloo Public Library 2023 Interior Renovations To Whom It May Concern FORT DODGE I IOWA CITY I WATERLOO John Mallen, being Northeast Region President of Woodruff Construction Inc., has authority to sign any and all documents for Woodruff Construction, Inc. Page 186 of 295 Bid Bond CONTRACTOR: (Name, legal status and address) ) Woodruff Construction, Inc. 1890 Kountry Lane Fort Dodge, IA 50501 OWNER: (Natue, legal status and address) Waterloo Public Library 415 Commercial Street Waterloo, IA 50701 Document A310 TM - 2010 Conforms with The American Institute of Architects AiA Document 310 SURETY: (,ante, legal status and principal place afhtainess) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 BOND AMOUNT: $ Five Percent of the Total Amount Bid (5%) PROJECT: (Name. location or address; and Projectnumber, 'fatty) Waterloo Public Library, 2023 Interior Renovations, Waterloo, IA - ISG No. 23-28439 This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety arc bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves. their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the tenths of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction oldie Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perthrm the wort: covered by said bid, then this obligation shall be null and void, otherwise to remain in full li►rce and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time thr acceptance ofbids specified in the bid documents and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tent Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Mond has been furnished to comply with a statutory or other legal requirement in the locution of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted bereft.= and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory pond and not as a common law bond. Signed and scaled this 5th day of September, 2023 alimess) 'ray, j11 a, (W ( tes) 'Anne Crowner Woodruff Construction, Inc. don a11enn F R.-e4 Im ual Insurance Company uston, Attorne (Sea!) -es• 'eal) Page 187 of 295 Liberty - Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anne Crowner; Brian M. Deimerly; Cindy Bennett; Craig E. Hansen; Dione R. Young; Jay D. Freiermuth; John Cord; Kate Zanders; Sara Huston; Seth D. Rooker; Tim McCulloh Certificate No: 8210368-190056 all of the city of Waukee state of IA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of June , 2023 . By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary State of PENNSYLVANIA s County of MONTGWMERY On this 6th day of June , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do; execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 Member, Pennsylvania Association al Notaries By: Ltd& eresa PmWls. Notary Public eresa Pastella, Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and,affixed the seals of said Companies this 5th day of September , 2023 . By: Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02;21 Page 188 of 295 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 September 18, 2023 AGENDA ITEM TITLE Sale and conveyance of city -owned property located at 3921 Midway Drive, in the amount of $15,000.00, to Dustin Arends d/b/a Arends Investments, including a Development Agreement. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo obtained title to 3921 Midway Drive by 657A court action. The home was deemed to be in adequate condition that it could be rehabilitated, so the City of Waterloo sent out a Request for Proposals to over 20 individuals asking for proposals to purchase and rehabilitate the home or redevelop the property. We received 5 proposals, 3 to rehabilitate the home, and two to demolish the existing home and build a duplex on the property. The Planning Department is recommending that we move forward with the proposal of Arends Investments LLC, who propose to purchase the property for $15,000 and complete the steps to demolish the existing home and build a new duplex, with an estimated sale price of each unit as $300,000 (so $600,000 total valuation). NEIGHBORHOOD IMPACT This request will have a positive impact on the neighborhood by elimination of the blighted home, which had been abandoned and become dilapidated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 189 of 295 LEGAL DESCRIPTION Lot No. W-Seventy-six (W-76) in "Cedarloo Park", in Black Hawk County, Iowa. ATTACHMENTS 1. Arends infill DA (duplex) 8-23-23 signed 2. Dustin Arends Proposal Page 190 of 295 Preparer: Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 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 el — 5^ , 2023 by and between Dustin Arends, d/b/a Arends Investments ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a duplex dwelling and related improvements on property located in the City of Waterloo as an infill lot in an established residential neighborhood, as described on Exhibit "A" attached hereto (the "Property"). B. City considers infill residential 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 to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) is being undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms of this Agreement, City shall convey the Property to Company for the sum of $15,000.00 (the "Purchase Price"). City acknowledges receipt of the sum of $1,000.00 as earnest money, which shall be applied to the Purchase Price at closing. Conveyance by City shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its 1 Page 191 of 295 own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Before commencing construction, Company shall demolish the existing structure on the Property and properly remove and dispose of all debris, including felled trees and brush (also see Section 8.E below). Company shall then construct on the Property one (1) duplex home as further described and depicted in Exhibit "B" attached hereto. Each home shall be built on a concrete slab and consist of no less than 1,176 square feet, include a double - wide attached garage per the plans attached as Exhibit "B," and have an estimated value of $300,000.00 upon completion. The improvements shall be completed to a finished state, including installation of paved driveway, sidewalk, removal of all construction debris, proper leveling or shaping of groundscape and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a demolition permit and begin demolition activities within fourteen (14) days after receiving title to the Property (the "Project Start Date"), obtain a building permit and begin construction of the 2 Page 192 of 295 dwelling within two (2) months after receiving title to the Property, and Substantially Complete construction within twelve (12) months after the Project Start Date (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The 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 any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin the Project or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 15, and City shall then have no further obligation to Company under this Agreement. 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 requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 15, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 4. Reverter of Title; indemnity. In the event of any reverter of title hereunder, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property, Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents 3 Page 193 of 295 required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. A "Lien" is any lien, claim, charge, security interest, mortgage or encumbrance on, against or affecting the Property. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 7. Incentives. To aid in the Project, City will provide the following incentives: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $10,000.00 (the "Infill Grant") ($5,000.00 for each unit) within ninety (90) days after Improvements have been verified by City as Substantially Completed, B. Refund of Purchase Price. City will refund $5,000.00 of the Purchase Price to Company on the same terms as its payment of the Infill Grant. C. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company or its successor in title meets all requirements to qualify for such exemption. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: 4 Page 194 of 295 A. Until the Improvements have been 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. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where 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. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company agrees during construction of the Improvements 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. E. Company shall deliver to City proof issued by an appropriate third party (e.g., Black Hawk County Landfill) of proper disposal of all demolition debris. Such proof shall be provided to the City Planner by the first business day of each month with respect to all debris disposal that occurred in the preceding calendar month. 9. Reimbursement to City. The parties acknowledge that City obtained title to the Property through an action prosecuted under Iowa Code Chapter 657A. Defendant in said action is a principal of Company, and Company included within its bid a promise to repay the City for attorney fees, court costs and other legal expenses incurred by City in said action and in handling related matters related to the Property arising from dealings with said principal. No later than the date of conveyance of title, Company shall remit to City the sum of $2,452.27 as reimbursement to City for its legal fees, costs and expenses through August 11, 2023. 10. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project thereon, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 5 Page 195 of 295 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Reserved. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of 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. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants 6 Page 196 of 295 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 any damage or injury to the persons or property of Company or its employees, contractors or agents, or any other person who may be about any of the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. 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 demolish existing structures, to make the Property ready for development, and to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements or this Agreement, without the prior written consent of City; C. 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; D. 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 7 Page 197 of 295 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. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 15. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination and/or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 8 Page 198 of 295 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 17. 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. 18. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 19. 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, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 28521 325th Street, New Hartford, Iowa 50660, Attention: Dustin Arends. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 9 Page 199 of 295 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. 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. 22, 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 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. 23. 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. 24, Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, 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. 27. 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. 10 Page 200 of 295 CITY OF WATERLOO, IOWA COMPANY By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk sun Arends, d/b/a Arends Investments PERSONAL GUARANTY. The undersigned owner(s) of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. u n Arends 11 Page 201 of 295 EXHIBIT "A" Description of Property Lot No. W-Seventy-six (W-76) in "Cedarloo Park", in Black Hawk County, Iowa. 12 Page 202 of 295 See attached. EXHIBIT "B" House Plans 13 Page 203 of 295 City of Waterloo Property Offer to Bid Form Property to be bid upon: 3921 Midway Drive Name(s) in which property would be transferred: A'eii Tr<ves' tne'ds t,G' ' Dvsi i I44( 4'-ekds Transfer Form: ,Tne1 i v; U A( t W n'r-sL (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: Ajkfsk'jA Artilla S Address of bidder: lSS2( 3 2G4 S. e �/ , � S 0((cx Phone & e-mail of bidder: 311 r Z.k9 ^ 4 7 9 ( duSk\n c(-bids ID@ J mg',1 Go c� My offer for this property is: $ J S O "0O. O 0 Minimum bid of $5,000. Proposals less than minimum will not be considered $1,000.00 earnest fee required. Indicate certified check or money order: (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: Dcw o c.,(,54+n'5 ioWSz New Cc30s43rullit'h o- • (-Lek "( 0 in prbezr-,1 Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of fourteen (14) months and other development provisions. Successful bidder will pay unpaid asbestos inspection and asbestos abatement expenses per the attached specs. na� S of can proposer Date * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 204 of 295 1. Proposed Use: Demo & New Construction of a residential Duplex for General Sale or rental. 2. Proposal of home is to be finished with vertical white vinyl siding, and black & or white Anderson Windows. There will be a patio out back with a privacy fence between the two units. 3. Approved for financing for this project through Peoples Savings Bank, Wellsburg, IA. Contact Chelsea Beving- 641-849-7327. Attached is Finance information. 4. Project Team: Dustin Arends 28521325th St. New Hartford, IA. 319-269-4990 Mike Arends 33498 110th St. Cedar Falls, IA 319-240-1125. The construction team has been involved in hundreds of new construction homes through out the Cedar Valley for the past 15-20 years and is a licensed contractor with the City Of Waterloo. 5. Time table: If approved begin Demo of property within 3 days of approval. 5-7 days for demo and bringing fill in for lot. Once demo is finished begin construction of duplex. From start to finished the project for example Start date of September 15t should be finished by the end of February 2024 as long as there are no material delays. 6. Bid Price- i S (Do 0 . 0 0 7. We are also willing to cover expense of Chris Wendling (City Attorney) that the city has occurred. 8. Expected valuation once project is completed: $300,000 per duplex. $600,000 total valuation. 9. Full Project financing in place with no contingencies. 10. List of Contractors ready to begin (attached quotes) Martinson Construction, G&G Plumbing, Hoien Enterprises, Iowa Wall Systems, Midwest Foam, Mcdonald Construction, A&D Construction, Duayne Shepard Cabinets, Adratic Granite, Ted Electric, Spahn & Rose Lumber, Arends Excavating. 11. Special Terms: We would be willing to cover any expense incurred by the city for Chris Wendlands services on the matter. We are ready to begin this Demo project ASAP. We could start this project as quickly as I can get my demo permit possibly 8-14-23 or 8-21-23. Construction of the duplex would begin immediately after demolition. Page 205 of 295 i�r Architectural Designs 2,352 Heated S.F. Duplex House Plan with 3 Clustered Bedrooms and a 2-Car Garage re I.e!!^d f 7 2 Units I"I 80' 0►r Width Plan 42704D 51' 0" Depth Buy This Plan Study Set - Digital PDF - Single -Build $1,190 $1,880 CAD + PDF -Single-Build PDF - Unlimited Build $2,380 CAD - Unlimited Build View all purchase option online fie) one Qa ans D Page 206 of 295 ,r� Architectural Designs Plan 42704D .rw, icg quity horse Oars for atr 40 ye lrs View this and more for this plan by visiting www.architechtecturaldesigns.com/42704D8 Need Help? 1 Plan 800-854-7852 42704D Page 207 of 295 ,I t Architectural Designs About This Plan Plan 427O4D • This duplex house plan gives you two matching units, each giving you 1,176 square feet of one -level living. • Each unit gives you 3 beds, 2 baths and an open floor plan. • An extra -deep garage gives you great storage. • There is a drop zone as you come in from the garage helping keep clutter out of the kitchen. The kitchen ha an island with eating bar for quick meals. • There's even a rear covered patio so you don't have cancel grilling out due to a rain shower! Main Level Family Room 4'f Floor Plans Slab/Crawlspace Option ee<c�rya b,Desgier View this and more for this plan by visiting l Need Help? l Plan www.architechtecturaldesigns.com/42704D8 800-854-7852 42704D Page 208 of 295 SArchitectural Designs solfry pr.rty base firs for row 40 rears. Square Footage Breakdown Total Heated Area: 2,352 sq. ft. Beds/Baths 1st Floor: 2,352 sq. ft. Bedrooms: Full bathrooms: 6 4 Foundation Type Standard Optional Foundations: Foundations: Basement Walkout, Slab Exterior Walls Standard Type(s): 2x4 Optional Type(s): 2x6 Dimensions Plan Details Porch, Front: 76 sq. ft. Width: Depth: Max ridge height: 80' 0" 51' 0" 21' 8" Garage Type: Area: Count: Entry Location: Attached 1044 sq. ft. 4 Cars Front Ceiling Heights Floor / Height: Lower Level / 9' 0" View this and more for this plan by visiting www.architechtecturaldesigns.com/42704DB Plan 42704D Need Help? l Plan 800-854-7852 42704D Page 209 of 295 rr, Architectural Designs sang rw:ti hme Oars for on, 40 yam First Floor / 9' 0" Roof Primary Pitch: 6 on 12 Secondary Pitch: 8 on 12 View this and mare for this plan by visiting www.architechtecturaldesigns.com/42704DB Need Help? 800-854-7852 Plan 42704D Plan 42704D Page 210 of 295 0 1 ; 1 to I 1 b 1• OWNER'S SUITE ,11 01 , • BEDROOM LIVING ROOM Ib 0 NO 0 .9e L 0 0 LIVING ROOM 0 F re' 0 *-,zr 1 NO .SZ r 04 0 0 04 1 Page 211 of 295 Amount Contractors Foundation $29,650,00 Martinson Construction Plumbing $19,800,00 G&G Plumbing HVAC $41,600.00 Hoien Enterprises LLC Drywall $16,586.00 , Iowa Wall Systems insulation 15,40D 00 ` Midwest Foam Framers $29,500 Mcdonald Construction Finish Carpenter $13,500.00 . A&D Construction Cabinets $10,000.00 Duayne Shepard Countertops $9,460.00 Adratic Granite Electrical $23,900.00 Ted Electric Flat Work $23,775.00 Martinson Construction Plumbing Supplies $3,000.00 : Amazon/Box Store Flooring 7,000.00 Box Store Painting 10,000.00 Arends Lumber $89,016.79 Spahn & Rose Total 322387.79 :. Excavation & Backflll & Site Grading Value: $20000.00 Arends (NO COST) Page 212 of 295 MARTINSON s a n s t e 3842 ifir Nana Ih' y Woindon. IA IsI'703 Phone 219-232-4000 Fax 31.-232-5O20 PROPOSAL ProWsaf Sobmi0.1 b Arends Date December 9, 2022 Addrt•_ss Phma 319-269-4990 Job Name and Loraisn Midway Duplex E2r51 dystins ronds10O4roail con{ C. Strew, Zip Waterloo, IA D.10 011'1.1 &Arched Martinson Construction Foundation Plan 12-09-22 Wenereby e-errs 8pei&ns end esto,.a?es, wajectio 010005 22223 cendw.,s asset bN4 as feloos. Initial Accepted Linea Foundation: Foundation Details: See Martinson Construction Foundation Plan 12-09-22 ryp?ca1 Foundation: 165'8' FooEings (20'WO for beck of stoop and common wan); 4' 0'a8' Wan (10' wide for pack of stoop and common wad): rSfyrofoam Flatwork: House Floors: 4" floor; 10 mif visqueen; 6 gauage wire mesh Garage Floors: 4' floor: #3 rebar 3' o.c. Stoop Caps: Total Cost: $ $ $ 5 15,875.00 $ 6,500.00 $ 1,400.00 $ 29,650.00 $ 53,425.00 Rote, Proposal is based on estimated ma.todaf price increases for 2023. Proposal may need to be adjusted of tine orbs dduo to material price votaRrty. NOW FOundatbn PMra23343se2 and approved byconlraclor. 5 $ 5 Excludes: Fel Material, Sol Testng, Egress Whdaes,Walerproofrg, Brick Ledge, SWPPP, Sump Pit&Pomp, Dock Augured Post Hoke, Excovotbn, BackEe Assumes: Access to s/te prayded by contractor Price Does Not -include f#. Price Is based an grade being compacted and within 1110 of a foot. $ t{o'x dda proPO0e1 may boMI-n esse byes ifnot xce5kd nahi, 30 dye TJ�al4.4.tu�oH. AR cno,0 slangy.. ACCEPT€tr The Apia pfresad and -ions aaestracepy and ere h 00y ertpp'ut. Yon we a ltorke0 b d0 es elt as 2.2322fAKI. Payin004w11 be made es 0, 4rs0 000,0- S4neyrra 0r/.0 sgnakrre cONINrpN&• At ma'am b guam'ied robe es spec -FM. At mod, to be wargkse 0 a nortnat-2xe mama a tiara to steeled pra:ccs. Anyaterai:n or defa'a,n horn e00-s e0,0a00600s M.MM9 coca costs we be 0000ad o[eytem 0Ccn onde,,, and w5 become en e'da chew OM .Are the e0C�oate. AI ear00rxn1e mnfnaentupoa a00,e, accdantsor de`ats beyond ow comet 0000r10 carryfee, tomad% aM.her ne:.nsty insurance. Our workers are tuy towed by Weits.e'e Co0gxsatbsn inswa+tce. Past due accounts ere subject to e se++ce charge Prt 1/2 y, petmono, With is 18% some tare ncarang iso-oee tees. Page 213 of 295 Hoien Enterprises, LLC 33809 270 St, Reinbeck, IA 50669 319-404-4422 tjhoien@outlook.com www.hoienenterprises.com Dustin Arends Duplex 12-5-2022 Provide HVAC for new duplex construction to include (per unit): • Install all necessary supply and return duct o Seal supply and return ducts • Install duct for two bath fans • Install duct for one clothes dryer on main floor • Install energy recovery ventilator • Install natural gas piping from exterior of house to o Furnace o Water heater • Install HVAC equipment as specified below o RUUD model R95T 40,000 BTU single stage furnace (95% efficient) o RUUD model RA1424 air conditioner. 2 ton, 14 SEER single stage o Honeywell digital thermostat • Ductwork to be installed in attic. Duct to be encapsulated in closed cell foam by others. • City of Waterloo building permit Estimated install cost - $41,600 (total both units) Page 214 of 295 Midwest Foam and Insulation, Inc. 1040 W. Cedar-Wapsi Rd. Cedar Falls, IA 50613 Jeremy Clayton, Owner 319-231-4321 Name / Address Dustin Arends 319-269-4990 *dustinarendsl0@gmail.com Proposal Date 10/28/2022 Project 3026 Insulation Proposal- Duplex Price is per unit Description Total Main Floor: 9' walls + "HEEL" Will insulate the exterior walls using the "BIBS" system. (Net & blown Fiberglass insulation) R-23 insulation value. * Includes spraying the "HEEL" by the chutes & blocking. Infiltration Pkg: Will foam all windows & walk-in doors throughout. Will foam/caulk all interior wall infiltration areas. Will foam/caulk all exterior wall infiltration areas. Garage Insulation: 9' walls + "HEEL" Will insulate the exterior walls using the "BIBS" system. (Net & blown Fiberglass insulation) R-23 insulation value. * Includes spraying the "HEEL" by the chutes & blocking. Attic Insulation: 1,250 sq. ft. (H) / 500 sq. ft. (G) Will insulate house attic to an R-50 with blown Fiberglass insulation. Will insulate garage attic to an R-38 with blown Fiberglass insulation. * Includes installing all proper venting & blocking throughout. * Includes insulating attic access. Setup/Cleanup Included Terms: Payment due upon completion. Thank -you 3,900.00 1,200.00 2,600.00 Respectfully submitted, Lynn Kannegieter 319-242-1162 Total: $7,700.00 Page 215 of 295 11/18/2022 [� O N T R U C T 1© N 319-290-7974 PROJECT BID Name/ Address Dustin Arends Midway Dr. Waterloo, IA 50701 Job Description- Slab Duplex -Condo framing. 1245 sq. ft. ranch with 2 car garage per side. -Framing —Walls (exterior/interior/garage), roof trusses, sheeting, house -wrap, truss bracing/ strapping, drywall nailers. -Frame eyebrow (1) on front gable according to elevations. -Frame party wall with 2 layers of sheetrock on inside of assembly. Maintain 1" air gap. -Install sheetrock on party wall gables to carry fire -wall up to roof deck. -Installation of windows/ exterior doors. Flash all units -Materials and fasteners to be supplied by Dustin Arends. Framing Bid Total- $20,000.00 Roofing Bid Total- -Installation of asphalt shingles with underlayments. -Approximately 50 sq. Siding Bid Total- -Installation of aluminum soffit/fascia. -Installation of vinyl siding. -Approximately 32 sq. Smcdonaldconst@gmail.com $3,000.00 $6,500.00 Page 216 of 295 4601 Crestwood Dr. Waterloo, Iowa 50702 Ph. 319-296-1663 ! Fx. 319-296-1696 Date: 10/24/22 Proposal Submitted To Work To Be Performed At Dustin Arends Arends Duplex - Supply and hang one layer of 518 dry wall over ceilings levels, lower level stairways and garages - Tape units smooth and texture, fire tape garage _ Haul away scrap and rosin paper Option 1: Finish garages smooth and texture Garages must be insulated, maintain a temperature expansion joints installed or cracking may occur which We recommend back rolling primer to assure best results All material is guaranteed to be as specified, and the above accordance with residential construction performance guidelines specifications submitted for above work and completed manner for the sum of : (see above) with payments to be made as follows: Monthly draws as Also, all disputes will be resolved and compliant with the A finance charge of 1 1/2% per month, which is an annual accounts 30 days past due. Respectfully submitted Note - This proposal may be withdrawn by us if not accepted and partie walls, 1/2 dry wall on remainder, Total: $16,586.00 Add: $1,331.00 of 65 degrees in winter months, and voids all warranties. on any new drywall. work to be performed in and the drawings and in a substantial workmanlike work progresses. residential construction performance guidelines. percentage rate of 18%, will be charged _- main have �. B Amor on Ro !VI. Knudsvg within 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications, and conditions are satisfactory and are hereby accepted. Iowa Wall Systems, Inc. is to do the work specified. Payment will be made as outlined above. Please return one copy of this proposal once it has been signed and dated, Date Signature Page 217 of 295 Adriatic Granite & Marble Inc. 28147 W.Commercial Ave #6 Lake Barrington, IL 6001,0 Dustin Arends 28521 325Th St. New Hartford, IA 50660 dustina@arendsandsons.com 319-269-4990 P.O. # Terms Due on receipt Arends Duplex in Waterloo, IA TWO KITCHENS: Mid price range 3CM ( Calacatta Pearl, Calacatta Congo, Calacatta Nile or Statuario i Aldan) Quartz kitchen countertops Island top 39" x 9 99" , two 28" x 25 1/2" tops, no backsplash, all fabricated with standard Eased edge treatment, undermount sink cutout, stainless steel sink. FOUR VANITY TOPS: Entry Level 3CM ( Sparkly White, Fashion White) Quartz vanity top 42" x 22 1/2", 4" backsplash, all fabricated with standard Eased edge treatment, undermount sink cutout, porcelain sink. Estimate based on layouts provided, a field measure is required for a final price. - It .'ta f" p f � '�• ------ -__ ` F .i r S G ' Apr i1 s, Date 10/25/2022 Estimate # 381302 Due Date 10/25/2022 Other Estimate based on layouts provided, a field measure is required for a final price. Adriatic Granite & Marble Inc. service@adriaticgm.com 847-842-8001 www.adriaticgm.com 847-842-8010 6,720.001 6,720.00 2,740,00 [ 2,740.00 Su btotal Sales Tax (0.0%) Total $9,461.00 $0.00 $9,460.00 Page 218 of 295 Ted Electric1LC 6317 Development Dr. STE A Cedar Falls, IA 50613 US 319-269-7173 Estimate ADDRESS Dustin Arends 28521 325th St. New Hartford, IA 50660 ESTIMATE # 1559 DATE 11/16/2022 I:)ATt _ : DESCf IPl 1ON. Q7Y }ATE AMOUNT' 01/11/2022 Estimate for a slab on grade duplex located at Midway Dr. 2 11,950.00 23,900.00 Waterloo Estimate Inclusions -counts are per unit: *Electrical permit and inspections *Estimate based on provided plans *Temp electrical service *200 amp meter socket/disconnect on each unit -Midwest termination box to feed each meter socket *200 amp electrical panel in each unit *18-Recessed light fixtures as per unit (inside and 3-outside- 1 in owners suite bedroom closet) *4-ceiling fan/light openings (fan by owner) *2-bath fan/light per unit *1-vanity Tight opening per bathroom (fixture by owner) *4-keyless fixtures in garage *4-GFCI protected garage outlets *Overhead door opener outlet *1-keyless fixture in mechanical room *5-CO/smoke detectors per unit *1-outside carriage light openings (fixture by owner) *3-outside outlets per unit *Standard outlets/switches as per plans *2-TV/Ethernet openings per unit *Gas furnace *Door bell wiring Notes: *1-Dimmer switches included per unit Estimate Exclusions: *Any items not listed in inclusions scope of work *Damage to any personal property not removed from work areas Invoices are to be paid in full within terms. Finance charges will be applied to late invoices, with a minimum charge of $35.00, as well as any legal fees that may be necessary to collect. A 5% Convenience Fee will be added to credit card payments Page 219 of 295 DATE DESCRIPTION `Light fixtures and ceiling fans *Bath fan venting *Utility company charges Estimate is based on today's material pricing. Due to the volatile supplies market, Estimate is subject to change if material prices are increased. Estimate is valid for 15 days from date created Estimate for a slab on grade duplex located at Center TOTAL and Maple St. Cedar Falls Accepted By Accepted Date OTY RATE AMOUNT $23,900.00 Invoices are to be paid in full within terms. Finance charges will be applied to late invoices, with a minimum charge of $35.00, as well as any legal fees that may be necessary to collect. A 5% Convenience Fee will be added to credit card payments Page 220 of 295 GIR SPANN E HD Invoice Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 SPAHN & ROSE LUMBER COMPANY 850 6th St • P.O. Box 581 Jesup, IA 50648-0581 • 319-827-1448 www.spahnandrose.com Delivery Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 Special inStt UCtliapB Estimate No Estimate Date Expiration Data Customer Contact Name Contact Number Job Customer Ref Delivery Taken By Sales Rep r 101 u Estimate 297025 10/20/2022 10/27/2022 10CASH Dustin Arends arends By 10/20/2022 Dan Steger House Account I Page 1 of 5 btes- oductC 88criptl�rt ' 1Footal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6SS 2616TR1 2416TR1 2416TR1 2416WWP 2492WWP 21008SSF zz_SOLVL 4417 48340SBT DAP25117 21216SYP1 21214SYP1 1814P2 2616WWP 2814WWP 2612WWP 2692W W P 21214SYP1 21212SYP1 21214SYP1 487160SB 100TV9 Basement to stairs SILL SEAL 5-1/2" X 50' 2x6 16' #1 SYP TREATED 2X4-16' #1 SYP TREATED 2X4-16' #1 SYP TREATED NOT FIGURED Exterior basement wails and insulation Paint Cabinets and vanities flooring,. 2X4-16' PREM SPF 2X4-92 5/8 PREM SPF STUD 2x10.08' SELECT STRUCTURALIDOUG FIR ijoist pack 314.4x8 OSB T&G SUBFLOOR DAP 4000 SUBFLOOR ADHESIVEI28 OZ 25117 -O 2X12-16' #1 SYP 2X12-14' #1 SYP 1X8-14 #2BTR PINE S4S End of Basement to stairs Exterior Walls 2X6-16' PREMIUM SPF 2X6-14' PREM SPF 2X6-12' PREM SPF 2X6-92 518 PREM SPF STUD 2X12-14' #1 SYP 2X12-12' #1 SYP 2X12-14' #1 SYP 4x8-7/16" 058 SHEATHING TYVEK HOUSE WRAP 9'X100' ROL EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA ROL 21,265.41 Subject to our terms and conditions of sale. Further copies available on request. Page 221 of 295 1/4.11ZHN E Invoice Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 SPAHN & ROSE LUMBER COMPANY 850 6th St • P.O. Box 581 Jesup, IA 50648-0581 • 319-827-1448 www.spahnandrose.com Delivery Address Cash Sale -Jesup 850 6th Street Jesup, lowa, 50648 Estimate No Estimate Date Expiration Date Customer Contact Name Contact Number Job Customer Ref Delivery Taken By Sales Rep m Estimate arm 297025 10/2012022 10/27/2022 14CASH Dustin Arends 1 arends By 10/20/2022 Dan Steger House Account iu 11 Page 2 of 5 roduct Oo eserlpbon' bta 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 317927 TVT 6SS 2616TR1 2416TR1 2616WWP 2416WWP 2610WWP 2410WWP 21220SYP1 487160SB 100TV9 LSTA24 2416WWP 2414WWP 2492WWP 4858DW PKT3068 2616WWP 2414WWP zz_SOTRUSSES_1861 5 4815320SB 12HC RSU5200 5/16" DUOFAST STAPLE 5000/BOX TYVEK TAPE 2"x 55 YDS End of Exterior Walls Garage walls SILL SEAL 5-112" X 50' 2x6 16' #1 SYP TREATED 2X4-16' 1}1 SYP TREATED 2X6-16' PREMIUM SPF 2X4-16' PREM SPF 2X6-10' PREM SPF 2X4-10' PREM SPF 2X12-20' #1 SYP 4x8-7116" OSB SHEATHING TYVEK HOUSE WRAP 9'X100' 20 GA 1-1/4" X 24" STRAPPINGILSTA24 SIMPSON End of Garage walls Interior walls 2X4-16' PREM SPF 2X4-14' PREM SPF 2X4-92 518 PREM SPF STUD 4X8-5/8" F.R. DRYWALL POCKET DOOR FRAME 3068 End of interior wails Roof pack 2X6-16' PREMIUM SPF 2X4-14' PREM SPF Truss pack 4X8-15132" OSB SHEATHING 1/2" H-CLIPSl250 PCS/CTN RAPTOR SYNTHETIC FELT UNDERIAYMENT15' X 2 10 SQ. ROLL BOX EA ROL EA EA EA EA EA EA EA EA ROL EA EA EA EA EA EA EA EA EA EA EA RL 7,038.10 2,421.31 4,382.97 Subject to our terms and conditions dude, Further copies available on request. Page 222 of 295 Invoice Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 SPAHN & ROSE LUMBER COMPANY 850 6th St • P.O. Box 581 Jesup, IA 50648-0581.319-827-1448 www.spahnandrose.com Delivery Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 Estimate No Estimate Date Expiration Date Customer Contact Name Contact Number Job Customer Ref Delivery Taken By Sales Rep wi Estimate u 297025 10/20/2022 10/27/2022 10CASH Dustin Arends 1 arends By 10/20/2022 Dan Steger House Account alai Page 3 of 5 line: Procititt GQI #scripttor /Fools 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 3665HEG 317927 RODEW LM30MWW LHRIHB SS7LM OMN130 G114COIL 101389 zz SOWINDOW_2209 5 TVT 475DFT TVFW975 794813 zz SOEXTDOOR_350E 5 RRSW RSL6W RS316CVW RS316SW RSSTNW1 RC24W 36" X 65' HENRY EAVEGUARD ICEIWATER 2SQIRL • 5I16" DUOFAST STAPLE 5000BOX ROLLEX ODE DRIP EDGE WHITE 12' LANDMARK 30 METRIC WEATHERWOODIWEATHERED WOOD CT 30YR 3BDUS LANDMARK HIP/RIDGEIHEATHER BLEND SWIFTSTART 7" SHINGLE STARTER 15 1/4" X 38 3/4 X 116' OMNI RIDGE VENT 30'/RL -O COIL ROOFING NAIL 1 1/4" 5X7 ALUMINUM FLASHING SHINGLEISTEP FLASHIt End of Roof pack Windows and walk doors Andersen 100 series casement -black 8-5050 casement 4-5040 slider 2-6068 patio door TYVEK TAPE 2"x 55 YDS TYVEK DUPONT FLASHING TAPE 4"X75' 9'X75' TYVEK FLEX WRAP DAP 100% SILICONE CLEAR 30Z -O Exterior door pack End of Windows and walk doors Soffit and Siding ROLLEX F- CHANNEL FRIEZE WHITE 12' ROLLEX SL-6 FASCIA WHITE 12' ROLLEX SYS3 - 16" SNOWMIST CENTER VENT SOFFIT PANEL 12' LN (12PCSIPER CTN) ROLLEX 16" SNOWMIST SOLID SOFFIT PANEL 12' t (12PCS1CTN) STAINLESS STEEL 1-1/4 WHITE TRIM NAIL 1LBIBX• ROLLEX 24"X50' WHITE ALUMINUM TRIM COIL ROL BOX EA BDL BDL BDL RL BOX BDL EA EA ROL ROL EA EA EA EA EA EA eX COI 32,911.87 16,221.45 Subject to our terms and conditions of sale. Further copies available on request. Page 223 of 295 Invoice Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 SPANN & ROSE LUMBER COMPANY 850 6th St • P.O. Box 581 Jesup, IA 50648-0581 • 319-827-1448 www.spahnandrose.com Delivery Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 Estimate No Estimate Date Expiration Date Customer Contact Name Contact Number Job Customer Ref Delivery Taken By Sales Rep Ill 11 111 Estimate i A 297025 10/20/2022 10/27/2022 10CASH Dustin Arends 1 arends By 10/20/2022 Dan Steger House Account hl Page 4of5 n® ProductCoth, Uesorlpiio Ityl,Fcvtag 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 RAS CTVOCCW CTVICCW CTVJCW CTVUCW CTV44CW MSB000 IEV117 EG134 B68E B61 VAK 40C 84V15 41258DW 41212DW 158DW zz_SOMILLWORKDEV _6461 zz_SOMILLWORKDEV 6462 zz SOLOCKSET 8108 zz_SORETAILFASTENI R 4306 ALUM. STARTER STRIP ROLLEXI10' LENGTHS CERTAINTEED 10' Outside Comer COLONIAL WHITE CERTAINTEED 10' INSIDE CORNERICOLONIAL WHI CERTAINTEED VINYL J CHANNEL COLONIAL WHIT 12' 6" CTD UNDERSILL COLONIAL WHITE 12' 6" CERTAINTEED D4 VINYL COLONIAL WHITE MAINSTREET .042 12'6" 12PCISQ MINI SPLIT J-BLOCK #000 WHITE INTAKE / EXHAUST VENT#117JWHITE 1-3/4" EG Roof Nails End of Soffit and Siding lnsusulation and drywall KNAUF UNFACED R19 16.25"X15-114"X96" 99.55 SF (10 baits per bg/4-bgs perbdl)REPLACE PR111 KNAUF R11 UNF BATT 3.5"X15"X93" 157.58 SF REPLACE PR110 (16 batts per bg-5bgs per bdi) CELLULOSE BLOW IN INSULATION 40 SOFT PER B AT A R-19 8'4"X200' VISQUEEN .0015 4X12-5/8" F.R. DRYWALL 4X12-112" DRYWALL 1-5/8" RS DRYWALLINAILS End of lnsusulation and drywall Interior Millwork 3panel-primed mdf doors -casing -base Stair allowance lock set allowance End of Interior Millwork nail allowanc EA EA EA EA EA SQ EA EA CTN BAG BAG EA ROL EA EA CTN EA EA EA EA 9,258.A7 15,799.32 10,050.00 Subject to our terms and conditions of sale. Further copies avaitabte on request. Page 224 of 295 Invoice Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 SPAHN & ROSE LUMBER COMPANY 850 6th St • P.O. Box 581 Jesup, IA50648-0581 • 319-827-1448 www.spahnandrose.com Delivery Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 We agree to furnish the items and grades specified above. This estimate is valid for seven days. Not guaranteed to build/complete any job or contract. Errors subject to correction. RETURN POLICY: The sale Invoice must accompany returns. A restock charge may apply. Special orders and Items that are not in clean sellable condition may not be accepted. Return Items purchased with a CredltlDebit card wilt only be credited to the original card used for purchase. Buyer Date Subject to our terms and conditions of sale. Further copies available on request. Estimate No Estimate Date Expiration Date Customer Contact Name Contact Number Job Customer Ref Delivery Taken By Sales Rep i I Estimate 297025 10/20/2022 10/27/2022 10CASH Dustin Arends 1 arends By 10/20/2022 Dan Steger House Account III iu Page5of5 -Total Amount $120,257.99 Sales Tag 7, A0%; $8,418.06 Estirttat$ Total $128,676.05 Page 225 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE FY 2024 Sidewalk Repair Assessment Program - Zone 3 Project, Contract No. 1082. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Property Owner Assessments ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 226 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE FY 2024 Sidewalk Repair Assessment Program - Zone 3 Project, Contract No. 1082. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Property Owner Assessments ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tabulation FY 2024 Sidewalk Repair Assessment Program, Zone 3, No. 1082 Page 227 of 295 FY 2024 Sidewalk Repair Assessment Program — Zone 3 Contract No. 1082 Engineer's Estimate: $299,952.21 Bid Opening: Sept. 7, 2023 Bidder Bid Security Bid Amount Midwest Concrete, Inc. Peosta, IA 5% $204,741.70 Brock Even Construction, LLC Jesup, IA 5% $171,241.25 JQ Construction, LLC Washburn, IA 5% 205,507.73 Page 228 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Kelley Felchle, City Clerk September 18, 2023 City Clerk Department AGENDA ITEM TITLE Prefabricated Shelter at 3233 Ansborough Avenue Project, Contract No. 1087. 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. Bid Tabulation Prefabricated Shelter Project, Contract No. 1087 Page 229 of 295 Prefabricated Shelter, Contract No. 1087 September 14, 2023 Bidder Bid Security Bid Amount CellSite Solutions Cedar Rapids, IA o 5 �0 Base Bid: $121,500.00 Alt A: No Bid Page 230 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Fishbeck of Kalamazoo, Michigan, in the amount of $46,327.00, with optional services in the amounts of $2,204.00 for additional data collection dates, $4,600.00 for geolocation and condition of street meters, and $4,240.00 for initial findings 50 percent workshop (onsite), in conjunction with the Comprehensive Downtown Parking Study, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 231 of 295 ATTACHMENTS 1. PSA_Waterloo Downtown Parking Study_2023_0912 Page 232 of 295 Lf!shbeck Engineers I Architects I Scientists I Constructors 4775 Campus Drive Kalamazoo, Michigan 49008 269.375.3824 1 fishbeck.com Professional Services Agreement PROJECT NAME City of Waterloo/Downtown Parking Study FISHBECK CONTACT Jon Forster, CAPP CLIENT City of Waterloo CLIENT CONTACT Bridgett Wood ADDRESS 715 Mulberry Street, Waterloo, IA 50703 Client hereby requests and authorizes Fishbeck to perform the following: SCOPE OF SERVICES: Parking Consulting AGREEMENT. The Agreement consists of this page and the documents that are checked: ❑X Terms and Conditions for Professional Services, attached. ❑X Proposal dated August 7, 2023 ❑ Other: Professional Services Agreement Amendment 1 METHOD OF COMPENSATION: 0 Lump Sum for Defined Scope of Services ❑ Hourly Billing Rates plus Reimbursable Expenses ❑ Other: Budget for Above Scope of Services: Base Fee: Forty -Six Thousand Three Hundred Twenty -Seven Dollars ($46,327) Optional Services: ❑ Additional Data Collection Dates $2,204 ❑ Geolocation and Condition of Street Meters $4,600 ❑ Initial Findings 50% Workshop (Onsite) $4,240 ADDITIONAL PROVISIONS (IF ANY): APPROVED FOR: ACCEPTED FOR: City of Waterloo Fishbeck BY: BY: TITLE: TITLE: DATE: DATE: I2 Vice President September 12, 2023 Z:\2023\231550\WORK\CONTRACTS\PSA WATERLOO DOWNTOWN PARKING STUDY 2023 0912.DOCX Page 233 of 295 [f!shbeck Engineers I Architects I Scientists I Constructors 4775 Campus Drive Kalamazoo, Michigan 49008 269.375.3824 I fishbeck.com Professional Services Agreement Amendment 1 Between Fishbeck and City of Waterloo Dated September 12, 2023 For Downtown Parking Study Project No. 231550 The Terms and Conditions for this project are modified as follows: Replace Paragraph 13 with the following to remove "and property insurance policies". "13. INSURANCE. Client shall cause Fishbeck and Fishbeck's consultants, employees, and agents to be listed as additional insureds on all commercial general liability carried by Client which are applicable to the Project. Client shall also provide workers' compensation insurance for Client's employees. Client agrees to have their insurers endorse these insurance policies to reflect that, in the event of payment of any loss or damages, subrogation rights under this Agreement are hereby waived by the insurer with respect to claims against Fishbeck. Upon request, Client and Fishbeck shall each deliver to the other certificates of insurance evidencing their coverages. Client shall require Contractor to purchase and maintain commercial general liability and other insurance as specified in the contract documents and to cause Fishbeck and Fishbeck's consultants, employees, and agents to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. Contractor must agree to have their insurers endorse these insurance policies to reflect that, in the event of payment of any loss or damages, subrogation rights under this Agreement are hereby waived by the insurer with respect to claims against Fishbeck." All other Terms and Conditions shall remain unchanged. APPROVED FOR: ACCEPTED FOR: City of Waterloo Fishbeck BY: BY: TITLE: TITLE: DATE: DATE: a2 Vice President September 12, 2023 Z:\2023\231550\WORK\CONTRACTS\AG AMD 01 PSA WATERLOO 2023 0912.DOCX Page 234 of 295 Terms and Conditions for Professional Services Fishbeck I 1 of 2 1. METHOD OF AUTHORIZATION. Client may authorize Fishbeck to proceed with work either by signing a Professional Services Agreement or by issuance of an acknowledgment, confirmation, purchase order, or other communication. Regardless of the method used, these Terms and Conditions shall prevail as the basis of Client's authorization to Fishbeck. Any Client document or communication in addition to or in conflict with these Terms and Conditions is rejected. 2. CLIENT RESPONSIBILITIES. Client shall provide all criteria and full information as to requirements for the Project and designate in writing a person with authority to act on Client's behalf on all matters concerning the Project. If Fishbeck's services under this Agreement do not include full-time construction observation or review of Contractor's performance, Client shall assume responsibility for interpretation of contract documents and for construction observation, and shall waive all claims against Fishbeck that may be in any way connected thereto. 3. HOURLY BILLING RATES. Unless stipulated otherwise, Client shall compensate Fishbeck at hourly billing rates in effect when services are provided by Fishbeck employees of various classifications. 4. REIMBURSABLE EXPENSES. Those costs incurred on or directly for Client's Project. Reimbursement shall be at Fishbeck's current rate for mileage for service vehicles and automobiles, special equipment, and copying, printing, and binding. Reimbursement for commercial transportation, meals, lodging, special fees, licenses, permits, insurances, etc., and outside technical or professional services shall be on the basis of actual charges plus 10 percent. 5. OPINIONS OF COST. Any opinions of probable construction cost and/or total project cost provided by Fishbeck will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures, Fishbeck cannot warrant that bids or ultimate construction or total project costs will not vary from such estimates. 6. PROFESSIONAL STANDARDS; WARRANTY. The standard of care for services performed or furnished by Fishbeck will be the care and skill ordinarily used by members of Fishbeck's profession practicing under similar circumstances at the same time and in the same locality. Fishbeck makes no warranties, express or implied, under this Agreement or otherwise, in connection with Fishbeck's services. 7. TERMINATION. Either Client or Fishbeck may terminate this Agreement by giving ten days' written notice to the other party. In such event, Client shall pay Fishbeck in full for all work previously authorized and performed prior to the effective date of termination, plus (at the discretion of Fishbeck) a termination charge to cover finalization work necessary to bring ongoing work to a logical conclusion. Such charge shall not exceed 30 percent of all charges previously incurred. Upon receipt of such payment, Fishbeck will return to Client all documents and information which are the property of Client. 8. SUBCONTRACTORS. Fishbeck may engage subcontractors on behalf of Client to perform any portion of the services to be provided by Fishbeck hereunder. 9. PAYMENT TO FISHBECK. Invoices will be issued every four weeks, payable upon receipt, unless otherwise agreed. Interest of 1 percent per four -week period will be payable on all amounts not paid within 28 days from date of invoice, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by Client. Client agrees to pay on a current basis, in addition to any proposal or contract fee understandings, all taxes including, but not limited to, sales taxes on services or related expenses which may be imposed on Fishbeck by any governmental entity. If Client directs Fishbeck to invoice another, Fishbeck will do so, but Client agrees to be ultimately responsible for Fishbeck's compensation until Client provides Fishbeck with that third party's written acceptance of all terms of this Agreement and until Fishbeck agrees to the substitution. In addition to any other remedies Fishbeck may have, Fishbeck shall have the absolute right to cease performing any basic or additional services in the event payment has not been made on a current basis. 10. HAZARDOUS WASTE. Fishbeck has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at any site, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposure to such substances or conditions. Fishbeck shall not be responsible for any alleged contamination, whether such contamination occurred in the past, is occurring presently, or will occur in the future, and the performance of services hereunder does not imply risk -sharing on the part of Fishbeck. 11. LIMITATION OF LIABILITY. To the fullest extent permitted by law, Fishbeck's total liability to Client for any cause or combination of causes, which arise out of claims based upon professional liability errors or omissions, whether based upon contract, warranty, negligence, strict liability, or otherwise is, in the aggregate, limited to the greater of $250,000 or the amount of the fee earned under this Agreement. To the fullest extent permitted by law, Fishbeck's total liability to Client for any cause or combination of causes, which arise out of claims for which Fishbeck is covered by insurance other than professional liability errors and omissions, whether based upon contract, warranty, negligence, strict liability, or otherwise is, in the aggregate, limited to the total insurance proceeds paid on behalf of or to Fishbeck by Fishbeck's insurers in settlement or satisfaction of Client's claims under the terms and conditions of Fishbeck's insurance policies applicable thereto. Higher limits of liability may be considered upon Client's written request, prior to commencement of services, and agreement to pay an additional fee. 11/2019 Page 235 of 295 Terms and Conditions for Professional Services Fishbeck 12 of 2 12. DELEGATED DESIGN. Client recognizes and holds Fishbeck harmless for the performance of certain components of the Project which are traditionally specified to be designed by the Contractor. 13. INSURANCE. Client shall cause Fishbeck and Fishbeck's consultants, employees, and agents to be listed as additional insureds on all commercial general liability and property insurance policies carried by Client which are applicable to the Project. Client shall also provide workers' compensation insurance for Client's employees. Client agrees to have their insurers endorse these insurance policies to reflect that, in the event of payment of any loss or damages, subrogation rights under this Agreement are hereby waived by the insurer with respect to claims against Fishbeck. Upon request, Client and Fishbeck shall each deliver to the other certificates of insurance evidencing their coverages. Client shall require Contractor to purchase and maintain commercial general liability and other insurance as specified in the contract documents and to cause Fishbeck and Fishbeck's consultants, employees, and agents to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. Contractor must agree to have their insurers endorse these insurance policies to reflect that, in the event of payment of any loss or damages, subrogation rights under this Agreement are hereby waived by the insurer with respect to claims against Fishbeck. 14. INDEMNIFICATION. Fishbeck will defend, indemnify, and hold Client harmless from any claim, liability, or defense cost for injury or loss sustained by any party from exposures to the extent caused by Fishbeck's negligence or willful misconduct. Client agrees to defend, indemnify, and hold Fishbeck harmless from any claim, liability, or defense cost for injury or loss sustained by any party from exposures allegedly caused by Fishbeck's performance of services hereunder, except for injury or loss to the extent caused by the negligence or willful misconduct of Fishbeck. These indemnities are subject to specific limitations provided for in this Agreement. 15. CONSEQUENTIAL DAMAGES. Client and Fishbeck waive consequential damages for claims, disputes, or other matters in question relating to this Agreement including, but not limited to, loss of business. 16. LEGAL EXPENSES. If either Client or Fishbeck makes a claim against the other as to issues arising out of the performance of this Agreement, the prevailing party will be entitled to recover its reasonable expenses of litigation, including reasonable attorney's fees. If Fishbeck brings a lawsuit against Client to collect invoiced fees and expenses, Client agrees to pay Fishbeck's reasonable collection expenses including attorney fees. 17. OWNERSHIP OF WORK PRODUCT. Fishbeck shall remain the owner of all drawings, reports, and other material provided to Client, whether in hard copy or electronic media form. Client shall be authorized to use the copies provided by Fishbeck only in connection with the Project. Any other use or reuse by Client or others for any purpose whatsoever shall be at Client's risk and full legal responsibility, without liability to Fishbeck. Client shall defend, indemnify, and hold harmless Fishbeck from all claims, damages, losses, and expenses, including attorney's fees arising out of or resulting therefrom. 18. ELECTRONIC MEDIA. Data, reports, drawings, specifications, and other material and deliverables may be transmitted to Client in either hard copy, digital, or both formats. If transmitted electronically, and a discrepancy or conflict with the electronically transmitted version occurs, the hard copy in Fishbeck's files used to create the digital version shall govern. If a hard copy does not exist, the version of the material or document residing on Fishbeck's computer network shall govern. Fishbeck cannot guarantee the longevity of any material transmitted electronically nor can Fishbeck guarantee the ability of the Client to open and use the digital versions of the documents in the future. 19. GENERAL CONSIDERATIONS. Client and Fishbeck each are hereby bound and the partners, successors, executors, administrators, and legal representatives of Client and Fishbeck are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. Neither Client nor Fishbeck shall assign this Agreement without the written consent of the other. Neither Client nor Fishbeck will have any liability for nonperformance caused in whole or in part by causes beyond Fishbeck's reasonable control. Such causes include, but are not limited to, Acts of God, civil unrest and war, labor unrest and strikes, acts of authorities, and events that could not be reasonably anticipated. This Agreement shall be governed by the law of the principal place of business of Fishbeck. This Agreement constitutes the entire agreement between Client and Fishbeck and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. End of Terms and Conditions for Professional Services 11/2019 Page 236 of 295 CITY OF WATERLOO COMPREHENSIVE DOWNTOWN PARKING STUDY AUGUST 7, 2023 Page 237 of 295 Lf!shbec< Engineers I Architects I Scientists I Constructors 1515 Arboretum Drive, SE Grand Rapids, Michigan 49546 616.575.3824 I fishbeck.com August 7, 2023 Bridgett Wood City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Professional Consulting Services for the City of Waterloo Comprehensive Downtown Parking Study Dear Ms. Wood: An industrial powerhouse throughout the 20th century, Waterloo is transforming with broad based commercial investment. The tools for this growth include a strong Brownfield program that has helped revitalize several properties. This focus has paid dividends across the City with a renewed vitality in downtown. The changing dynamics require City leaders to consider if parking and mobility policies are meeting the needs of an evolving community. Effective administration of the parking system is one of the keys to continued economic success and vibrancy of downtown. The goals outlined in the Downtown Parking Study RFP will address the need for reliable parking options for residents and visitors so Waterloo can continue to showcase itself as a vibrant and exciting place to "live, work, play and raise a family." Parking and mobility needs change over time, and great communities seek ways to support those needs while staying true to their nature. We appreciate the investment the City is making in parking. The Fishbeck team can bring lasting value with recommendations that can be implemented and accepted by the residents of Waterloo. Fishbeck is a professional architectural/engineering, civil engineering, environmental, and construction services consulting firm with over 600 people serving governmental, educational, healthcare, commercial, industrial, and private clients. Established in 1956, Fishbeck is 100-percent employee owned with 15 offices serving the U.S. Our range of services and integrated project approach provide our clients with specifically suited, innovative solutions. We are committed to delivering exceptional service, outstanding technical quality, and establishing long-term client relationships. The Fishbeck parking team has completed hundreds of parking studies encompassing a wide range of communities. While this breadth of experience gives us great perspective, every Fishbeck parking study is unique to the community we are serving. The policies and recommendations in one community may be unsuitable in another. Our parking staff specialize in developing parking plans for mid -sized and growing communities that include current concepts and technologies without losing their "hometown" feel. We are excited about the possibility of partnering with Waterloo and consider it the basis of a collaborative experience that will lead to outstanding results. We hope you view our submittal as the beginning of a productive dialogue in your search for a team best -suited to work with the City on your parking needs. We would greatly appreciate the opportunity to further discuss and demonstrate our qualifications and project approach. Sincerely, Jon Forster, CAPP /4bshua Rozeboom, PE Parking Planner Vice President - Parking and Restoration Page 238 of 295 TABLE OF CONTENTS A FIRM QUALIFICATIONS B SIMILAR PROJECTS/REFERENCES C PROJECT TEAM D PROJECT APPROACH E SCHEDULE F PROPOSED COST/RATE SCHEDULE Page 239 of 295 Page 240 of 295 FISHBECK I FIRM QUALIFICATIONS 15 A -FIRM QUALIFICATIONS History Fishbeck is a professional architectural/engineering, civil engineering, environmental, and construction services consulting firm that serves governmental, educational, healthcare, commercial, industrial, and private clients. Our range of services and integrated project approach provides our clients with specifically suited, innovative designs. We are committed to delivering exceptional service, outstanding technical quality, and establishing long-term client relationships. Our design specialists are dedicated to providing creative, value -driven services. Fishbeck is headquartered in Grand Rapids with 14 regional offices. Our staff routinely travel throughout the country to meet the needs of our clients. Fishbeck's Grand Rapids office would be designated as the primary office associated with this contract. Headquarters Established Firm Personnel Company Type Accolades Locations Website Architecture/Engineering • Architecture • Mechanical • Electrical • Structural • Parking Planning, Design, and Restoration • Interior Design • Systems Commissioning • Indoor Air Quality • Master Planning • Facility Condition Assessment • Energy Assessment 1515 Arboretum Drive SE, Grand Rapids, MI 49546 1 616.575.3824 1956 600+ 100% employee -owned corporation 120+ award -winning projects 15 offices throughout Michigan, Ohio, and Indiana, and work throughout the nation www.fishbeck.com Infrastructure Engineering • Site Development • Transportation • Geospatial Services • Water Distribution • Water Supply/Treatment • Water Storage • Watershed Management • Wastewater Collection • Wastewater Treatment • Asset Management • Stormwater Management Environmental • Remediation • State and Federal Environmental Program Assistance • Air Quality • Brownfield Redevelopment • Water Resources • Industrial Hygiene • Asbestos/Lead Management • Environmental Site Assessment • Due Diligence Construction • Construction Management • Design/Build • Cost Estimatinc • Scheduling • Preconstructior • Reconstruction and Cost Redu, Studies FISHBECK I FIRM QUALIFICATIONS 16 Philosophy + Core Values Fishbeck is a 100-percent employee -owned corporation that believes in the straightforward philosophy of providing outstanding service to our clients with our core values being: • Enthusiasm and intensity • Honesty and integrity • Innovation and excellence in everything we do • A concern and respect for people and their personal and professional growth These four values result in the most important value: Exceptional Client Service. At Fishbeck, our core purpose is to "help people realize their visions while benefiting society." Fishbeck's mission is to meet our clients' needs and achieve our business goals in a manner that exemplifies our core values. Our mission basics include: • Provide innovative and excellent service within budget. • Work in a supportive and synergistic way with other team members of all disciplines. • Consider the client a project team member. • Know the program requirements and meet them in the simplest, most efficient, cost-effective manner. • Align expectations with clients' needs, budgets, and the scope of our services. • Conduct QA/QC reviews at appropriate milestones to maximize client value. HONESTY AND INTEGRITY A CONCERN AND RESPECT FOR PEOPLE AND THEIR PERSONAL GROWTH INNOVATION AND EXCELLENCE IN EVERYTHING WE DO EXCEPTIONAL CLIENT SERVICE Why Fishbeck • Fishbeck's team is dedicated to providing exceptional service to meet the City's needs. Commitment to your mission is our number one priority. • Our excellent communication gives us the ability to hit the ground running and work collaboratively throughout your entire project. • Our team has extensive parking planning experience. • Fishbeck's parking staff are nationally recognized parking planners and designers with projects across the country. • We will bring creative, innovative, and integrated planning and design solutions for the City of Waterloo. • We will successfully meet the City's parking needs and expectations. Page 242 of 295 Page 243 of 295 FISHBECK I SIMILAR PROJECTS/REFERENCES 18 B -SIMILAR PROJECTS/REFERENCES iIJ '� r ui, '+u Ii I;u Parking and Mobility Planning Solutions for the first and last mile connections. Quick, safe, cost effective...keys to a great trip! Every organization has to manage their parking and transportation needs. It may be a couple of parking spaces for staff or thousands of people coming to your location each day. Easy to find, hassle free, and sustainable options are necessary to maximize your current mobility assets and plan for a changing future. The Fishbeck parking and mobility planning team deliver solutions for the first and last mile that provide access to where you want to go. Whether it's your first parking project or you need a sophisticated technical application, Fishbeck can help you identify your core needs, develop an action plan, and implement a successful solution. SERVICES • Parking Studies • Supply and Demand Analysis • Shared Parking Analysis • Site Feasibility Studies • GIS Mapping and Analysis • Curbside Management • On -street Parking • Workshop Facilitation • Public Input Process • Operational Assessments • Market Analysis • Financial Feasibility • Access Control • Payment Systems • PARKSMART Green Facility Certification • Pedestrian Access • ADA Planning and Compliance • Master Plans • Signage and Wayfinding SERVICE SECTORS Commercial Corridors Municipal Education Downtown Medical Residential Airport Page 244 of 295 FISHBECK I SIMILAR PROJECTS/REFERENCES 19 PARKING STUDIES STAFF EXPERIENCE The Fishbeck parking team has completed hundreds of projects across the U.S. With roots dating back to Carl Walker, Inc., they bring established parking planning, design, and restoration expertise to Fishbeck. This section outlines some of their collective staff experience as it pertains to parking study projects. The parking team includes: Jon Forster, CAPP Josh Rozeboom, PE Mike Ortlieb, PE Gail Vasonis, PE Greg Ehmke, PE Justin Thomson, P.Eng. Tim Meyer Emma Floyd, PE Ray Mulvaney, CPP Dan Brown Jeannette Grzeskowiak Fabio Serrato, PE 1 City of Cedar Falls, Iowa Downtown Parking Study College Hill Parking Study City of Dayton, Ohio On -street Evaluation City of Doral, Miami -Dade County, Florida Parking Demand Study City of Eau Claire, Wisconsin Parking Study City of El Paso, Texas Downtown Parking Study City of Ferndale, Michigan Rate Study and Operations Pro -Forma City of Grand Rapids, Michigan Parking Operations Review Ryerson Library Parking Facility Study Wedge Lot Parking Structure Study Public Works Facilities Relocation Study Custer Lot Parking Structure Feasibility Study Parking Lot 6 Parking Structure Feasibility Study City of Lake Worth, Palm Beach County, Florida Downtown Parking Study City of Plattsburgh, New York Downtown Parking Study City of Savannah, Georgia Parking Study and Strategic Plan City of Sheboygan, Wisconsin Parking Study and Analysis City of Traverse City DDA, Michigan Hardy Deck Conversion Study City of Wheaton, Illinois Parking Payment Management Study Kalamazoo County Courthouse, Kalamazoo, Michigan Parking Demand Study Page 245 of 295 FISHBECK I SIMILAR PROJECTS/REFERENCES 110 CITY OF HUDSON, NEWYORK Parking Improvement Feasibility Study Hudson, the oldest city in America, is undergoing a transformation from an aging industrial river town into the choice visitor destination in the Hudson Valley. Hundreds of shops, restaurants, and hotels line the historic streets. Hudson initiated a parking improvement study to address the critical parking deficit in the landlocked city. A lack of long-term, short-term, daily, and hourly parking was adversely impacting the ability of residents and visitors to access the central business district, recreation sites, public service centers, and other important destinations. Fishbeck conducted a study that analyzed the current conditions and considered how to develop safer, more accessible parking throughout the City. The final plan recommendations addressed the parking shortage and built a framework for effective management and flexibility into the future. Incorporating mobility options with increased utilization of all parking, public, and private, Hudson can adapt and grow while maintaining the character of the historic city. CITY OF CEDAR FALLS, IOWA CITY OF SHEBOYGAN, WISCONSIN Downtown Parking Study Cedar Falls experienced significant new development opportunities; and businesses, residents, and stakeholders were concerned the existing parking was insufficient to support additional growth. The parking study included extensive public outreach efforts, parking impact analyses on new development projects, and a review of the entire public parking operation. The study revealed additional public parking capacity in the form of structured parking would be needed to support additional future development activity. The City Council voted unanimously to direct staff to implement all recommendations included in the final report document. Parking Study and Analysis Sheboygan is a Lake Michigan waterfront community with a hometown atmosphere and strong economic engine. After a large downtown parcel was converted from abandoned commercial storage space to modern apartments, including over 200 units and an outdoor amphitheater, the parking system received pressure to accommodate an influx of vehicles and economic development. A parking study was conducted that focused on parking demands, on -street parking assets, policy, and enforcement. An important goal was determining whether a parking structure was needed immediately or in the future. Peak demand areas and parking allocation strategies were identified; which allowed the City to accommodate current parking needs and plan for a future parking structure. Page 246 of 295 FISHBECK I SIMILAR PROJECTS/REFERENCES 111 CITY OF PLATTSBURGH, NEW YORK Parking Study Increased downtown economic activity created the need for the City to improve their parking management. An efficient and well -managed parking and transportation program was given to the City to help grow and provide excellent service to residents and visitors. Staff developed a plan to accommodate parkers during the removal of a 289-space parking lot for residential development; and provided long-term management and parking supply solutions. Multiple public workshops and community engagement sessions were held, as well as an online survey to gather stakeholder input. Several bicycle and pedestrian options were promoted to provide access to downtown; and an implementation plan to move the City from unregulated parking to a managed parking system focused on ease -of -use for residents and patrons. An enforcement program was also implemented to increase customer service and availability of on -street parking. TOWN OF FUQUAY VARINA, CITY OF LAKE WORTH NORTH CAROLINA BEACH, FLORIDA Comprehensive Parking Plan The Town of Fuquay-Varina was suffering with parking complaints from the residents and visitors without truly understanding the root parking and transportation issues after major population increases. Staff conducted a comprehensive downtown parking study that included inventorying the downtown parking supply and identifying peak demand areas. Zoning, enforcement, regulations, branding, wayfinding, pedestrian needs, bicycle access, and railroad right-of-way issues were all reviewed. To achieve community acceptance, an online survey was conducted, two town hall meetings with residents and business owners were lead, and one on -one -meetings were held with the Town Council and select citizens. The study established the basis for a Town parking system and need for long-range parking planning. The Town created a new parking map and online page dedicated to parking. Parking Master Plan A community undergoing unprecedented growth and development, the parking system was overflowing with cars parked on the street near the single-family homes surrounding downtown. Staff developed a parking master plan that included a parking rate analysis tool. The tool allowed variances in rates, hours of operation, occupancy levels, and removal or addition of parking locations. The revenue projections were used to develop long-term capital spending plans for parking structure additions and maintenance. On -street curb along commercial corridor roads was in high demand for valet stands, drop off, and public parking. The master plan addressed the changing nature of curb use and the high demand for valet parking through both ordinance requirements and parking policy. Extended payment zones along with a residential permit program were developed to reduce neighborhood parking by the valet operators. Options for increasing parking supply were developed using revenue projections from the rate analysis tool. Page 247 of 295 FISHBECK I SIMILAR PROJECTS/REFERENCES 112 References Our team is committed to delivering exceptional service, outstanding technical quality, and establishing long-term client relationships. With roots dating back to Carl Walker, Inc., Fishbeck's parking professionals have over 100 years of combined experience in the parking industry. The team has completed hundreds of parking projects including dozens of studies across the country. City of Hudson, New York I Downtown Parking Improvement Study Peter Bujanow, Commissioner of Public Works 1518.828.1030 I pbujanow@cityofhudson.org 520 Warren Street, Hudson, NY 12534 City of Cedar Falls, Iowa I Downtown and College Hill Parking Studies Jacque Danielson, City Clerk 1319.268.5152 I jacque.danielsen@cedarfalls.com 220 Clay Street, Cedar Falls, IA 50613 City of Grand Rapids, Michigan I Ryerson Library Mixed -Use Parking Facility Study Josh Naramore, Mobile GR and Parking Services 1616.456.3290 I jnaramore@grand-rapids.mi.us 50 Ottawa Avenue NW, Grand Rapids, MI 49503 "We received a far more comprehensive study than we anticipated. A great value to the City." Tom DiPietro, City Council President City of Hudson, New York "Fishbeck's staff is consistently excellent. They are skillful, knowledgeable, and bring experience from their many projects across the country. They are also incredibly helpful, professional, and their work is always performed on schedule with great attention to detail. Moreover, our requests to them are always responded to promptly. Based on my experience, I can recommend Fishbeck without any reservation." Jada Hahlbrock, CAPP, Manager of Parking Services City of Ann Arbor, Michigan Page 248 of 295 Page 249 of 295 FISHBECK I PROJECT TEAM 114 C - PROJECT TEAM Fishbeck realizes the importance of assigning the right team to each project. We assemble teams of professionals appropriately qualified to work together to make certain the specific and unique needs of your projects are properly understood and satisfied. Our firm's capacity allows us to ensure your project will receive the necessary technical support staff to meet project -specific schedules and deadlines. Our staff is made up of highly talented, motivated, and energetic people who challenge themselves to rethink their methods and roles, and bring their ingenuity to the problems they solve and the work they do. Fishbeck values a collaborative approach — we know from experience the exceptional results that can be achieved from a team of committed and talented professionals. We have selected a skilled team to support the City of Waterloo with anything that may present itself during the project. Our ability to commit our project manager and other key staff is crucial to your project's success. It encourages clarity of communications among the entire team and helps ensure a project that meets the intended goals. Jon Forster has led parking studies across the U.S. and he values communication as a strong foundational element of a successful project. The development of a project communication plan from the beginning will ensure the City knows the status of the project and is not left wondering what is going on with the parking study. Policy decisions and recommendations will not simply arrive in an email inbox one day. Deliberate communication throughout the process will ensure a parking study tailored to the needs of Waterloo. Primary Contact/Project Manager Jon Forster, CAPP, Project Manager/Parking Planner Fishbeck 11515 Arboretum Drive SE, Grand Rapids, MI 49546 616.330.5233 Hforster@fishbeck.com Project Presentation Links Jon Forster was involved with the City of Hudson while at Fishbeck and with the City of Cedar Falls while with another firm. http://www.cedarfalls.corn/DocumentCenterNiew/8450/Public-Workshop-2nd-Presentation-Findings-and-Recommendations http://www.cedarfalls.com/DocumentCenterNiew/9071 /190716-College-HilI-Recommendations https://cros3.revize.com/revize/hudsonny/Hudson%20Parking%20Final%20Presentation.pdf CITY JI1TERLOO Project Manager/ Parking Planner Jon Forster, CAPP 10-1 50% GIS/Data Collection Caryn Ashbay, GISP Demand Modeling Alyssa Wambold, PE, PTOE 25% WI 10% Community Outreach Melissa Blaser, GISP 4/.10% Page 250 of 295 FISHBECK I PROJECT TEAM 115 YEARS OF PARKING EXPERIENCE 2 years — o Fishbeck 28 years—ototal EDUCATION MA in Education, Concordia University BS in Management, Purdue University REGISTRATIONS/ CERTIFICATIONS Certified Administrator of Public Parking (IPMI) MEMBERSHIPS International Parking and Mobility Institute (IPMI) rfishbeck JON FORSTER, CAPP PROJECT MANAGER/PARKING PLANNER Jon has hands-on knowledge of parking operations, curbside management, strategic planning, and managing dynamic change. His experience includes multi -facility parking operations, parking enforcement and adjudication, supply and demand analysis, technology, customer service, strategic asset planning, and project management. As a parking and mobility planner, Jon has assisted municipalities, higher education, and healthcare clients on numerous projects. CITY OF CEDAR FALLS, IOWA DOWNTOWN PARKING STUDY Key elements of the study included an assessment of how current development activity will impact parking in the downtown area; extensive stakeholder outreach and public workshops; and an assessment of parking management and organizational policies. CITY OF HUDSON, NEW YORK PARKING IMPROVEMENT FEASIBILITY STUDY Booming redevelopment is causing a shortage of parking for residents and staff in historic downtown Hudson. Fishbeck collected occupancy data, reviewed policy and organizational structure, and estimated parking demand for several new projects. The Strategic Plan included parking expansion options, organizational re -structuring, rate adjustments, and collaborative teaming with public and private organizations across the region. The Plan will guide Hudson's tremendous growth and provide the framework for effective parking administration. CITY OF BERKLEY, MICHIGAN PARKING STUDY AND STRATEGIC PLAN Berkley is known for walkable family neighborhoods surrounded by vibrant commercial corridors. City-wide parking concerns spurred the need for a Parking Strategic Plan with a focus on downtown and the surrounding neighborhood. Current parking demand, projected future demand and administrative policy were studied to develop a plan that would serve the entire community. Public input included an open house, online data collection and stakeholder interviews. The final Strategic Plan incorporated GIS data, a zoning update and new enforcement policies to craft a comprehensive plan that addressed parking supply and operational efficiency. CITY OF ST. CLAIR SHORES, MICHIGAN DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT PARKING STUDY With a compact downtown St. Clair Shores is a vibrant entertainment district. Already tight on parking, multiple redevelopment projects created concerns of a parking shortage. Fishbeck conducted GIS mapping of parking supply and multiple days of occupancy counts. Future parking demand modeling showed a deficit with little room to expand. The long-term parking plan included shared parking, reconfigured on -street parking, and improved layout and circulation. Recommended pedestrian movement, signage and streetscape improvements provide for increased mobility across downtown.. CITY OF EAU CLAIRE, WISCONSIN PARKING STUDY Eau Claire has carefully taken care of their downtown as it has grown steadily over the past two decades to include a performing arts center, multi -family housing and a corporate headquarters. New parking structures were built as older ones reached the end of their useful life. The most recent parking study update included GIS data collection across downtown and two other neighborhoods, demand analysis for a new convention center, review of on -street technology and multiple public meetings to discuss the needs of the community. CITY OF PLATTSBURGH, NEW YORK PARKING STUDY Developed a parking plan through a combination of data gathering and analysis, public input, observing community needs, and synchronizing the parking plan with City goals. The study included measuring existing parking supply and demand, projecting future parking needs given development of the 289-space Durkee Street parking lot, and development of land use and parking management principles to guide future decisions on parking. Page 251 of 295 FISHBECK I PROJECT TEAM 116 YEARS OF EXPERIENCE 12 years—o Fishbeck 22 years—ototal EDUCATION BS in Geographic Information Systems, Central Michigan University REGISTRATIONS/ CERTIFICATIONS Geographic Information Systems Professional — GIS Certification Institute MEMBERSHIPS Improving Michigan's Access to Geographic Information Networks (IMAGIN) Michigan Communities and Association of Mapping Professionals (MiCAMP) Geographic Information Systems Certification Institute fishbeck CARYN ASH BAY, GISP SENIOR GIS SPECIALIST Caryn has experience in a variety of GIS applications including utility mapping, sanitary sewer, water, stormwater, and asset management. She designs, develops, implements, and manages geospatial data, databases, and applications. Caryn is proficient in cloud -based mapping and management utilizing ESRI's software suite; and she manages field operations utilizing ESRI mobile applications and external GNSS devices. At Fishbeck, Caryn manages ArcGIS Enterprise/Portal and ArcGIS Online environments, authors data services, publishes web maps and web applications for viewing and GIS editing purposes, serves as a subject matter expert for GIS data workflows and management of GIS data, writes GIS standard operating procedures and documents, and stays current with leading technologies, techniques, and approaches for implementing the best GIS solution. CITY OF ST. CLAIR SHORES, MICHIGAN DDA PARKING STUDY Utilizing Esri's public parking ArcGIS solution, created parking lot GIS features for the downtown area. Created parking lot car counts feature to be used in the field for data collection. Implemented web maps on ArcGIS Online for parking lot inventory and parking lot car counts. Created custom Esri Field Maps training documentation for field staff. Produced heat maps and parking infrastructure maps utilizing parking data collected in the field. EAST GRAND RAPIDS PUBLIC SCHOOL DISTRICT I EAST GRAND RAPIDS, MICHIGAN HIGH SCHOOL PARKING STUDY Utilizing GIS formatted data, Fishbeck optimized pedestrian routes to the school campus. Pedestrian routes were utilized to develop a parking plan that incorporated pedestrian, bicycle, and drop-off locations for students. The final solutions will improve safety, access, and vehicle management for the busy campus located in the downtown commercial district. CITY OF BERKLEY, MICHIGAN PARKING STUDYAND STRATEGIC PLAN As part of the parking study/strategic plan, GIS data tools were incorporated into the public engagement process. The community accessed online GIS maps to locate specific comments regarding parking and mobility concerns. The data was correlated for the City to directly address safety concerns and understand how parking resources were being used by the public. Easy to use GIS interfaces and targeted recommendations were key to successful input gathering. MACOMB TOWNSHIP, MICHIGAN WASTEWATER SAW ASSET MANAGEMENT PROGRAM Converted AutoCAD drawing files and survey data to ESRI geodatabase formats. Developed a GIS system using the ESRI Local Government Information Model that incorporated the inspection of over 7,700 sanitary structures, 11 pump stations, and 300,000 feet of sewer. Created record drawing database for spatially tracking the location of over 3,000 record drawing and field plans. CONSULTATION AS -NEEDED Support Macomb Township IT department with ArcGIS Enterprise deployments and updates. Provide expert knowledge as -needed by client. Continually update utility and sidewalk GIS data with record drawing information. Manage portal user accounts, data organization, and accessibility for multiple departments at the Township. CITY OF FLAT ROCK, MICHIGAN WASTEWATER AND STORMWATER SAW ASSET MANAGEMENT PROGRAM Assisted in development of a GIS using the ESRI Local Government Information Model that incorporated the inspection of over 2,300 storm and sanitary structures, 83 storm outfalls, 5 pump stations, and 200,000 feet of sewer. Project also included an evaluation of asset criticality and business risk exposure, sanitary sewer hydraulic analysis, and development of a 20-year system -wide CIP. Page 252 of 295 FISHBECK I PROJECT TEAM 117 YEARS OF EXPERIENCE 8 years —o Fishbeck 10 years —o total EDUCATION BS in Geography with GIS and Urban Planning Emphasis, Grand Valley State University REGISTRATIONS/ CERTIFICATIONS Geographic Information Systems Professional MEMBERSHIPS IMAGIN — Improving Michigan's Access to Geographic Information Systems MiCAMP — Michigan Communities and Mapping Professionals fishbeck MELISSA BLASER, GISP SENIOR GIS SPECIALIST Melissa has experience in a variety of GIS use applications including utilities, asset management, spatial analysis, and working with 3D datasets. As a GIS specialist, she designs, develops, implements, and maintains geospatial data. Melissa is proficient in Esri's ArcGIS software. Additionally, Melissa manages field operations utilizing Esri mobile applications and external GNSS devices. CITY OF ST. CLAIR SHORES, MICHIGAN DDA PARKING LOT STUDY Developed and deployed Esri's public parking ArcGIS solution for a downtown City parking study. Configured mobile collection using Esri Field Maps. Monitored field collection through ArcGIS Online. Created custom heat maps of parking infrastructure and car counts from collected data. CITY OF BERKLEY, MICHIGAN PARKING STUDY AND STRATEGIC PLAN Berkley is known for walkable family neighborhoods surrounded by vibrant commercial corridors. City-wide parking concerns spurred the need for a Parking Strategic Plan with a focus on downtown and the surrounding neighborhood. Current parking demand, projected future demand and administrative policy were studied to develop a plan that would serve the entire community. Public input included an open house, online data collection and stakeholder interviews. The final Strategic Plan incorporated GIS data, a zoning update and new enforcement policies to craft a comprehensive plan that addressed parking supply and operational efficiency. CITY OF RIVERVIEW, MICHIGAN AS NEEDED GIS SUPPORT SERVICES Maintain contact with City staff on GIS operations. Update GIS on annual basis. Deploy field apps and monitor field collection. Training for City staff on EOS GNSS units and software. Coordinate GIS infrastructure with CMMS vendor on behalf of City. Conducted LiDAR point cloud analysis of flooding locations, provided City with 3D model of LiDAR in ArcPro. MERIDIAN CHARTER TOWNSHIP, MICHIGAN WASTEWATER ASSET MANAGEMENT PLAN Reviewed sewer televising videos documenting deformities and inflow/infiltration. Assessed sewer laterals and updated GIS to show parcels that correspond with the lateral connection's condition. GRAND VALLEY STATE UNIVERSITY I ALLENDALE, MICHIGAN STORMWATER MASTER PLAN Developed a GIS database for stormwater assets throughout the Allendale campus. Deployed ArcGIS Online web map applications for facilities personnel to access GIS maps and data. Coordinated utility mapping updates with University staff. Collaborated with the University's third -party work order system to integrate the GIS database for preventative maintenance and routine work orders. AMERICAN WATER I WRIGHT PATTERSON AIR FORCE BASE, OHIO TRANSPORTATION ASSET MANAGEMENT Survey grade asset inventory of all water distribution system and wastewater collection system assets throughout Wright Patterson Air Force Base. Trained and supported field operations with EOS GNSS units running Esri's Collector App. Performed quality control of collected data to meet client specifications. GROSSE ILE TOWNSHIP, MICHIGAN WASTEWATER ASSET MANAGEMENT PROGRAM Developed a GIS by converting CAD to the current Esri Local Government Information Model. Designed mobile field applications for Township staff to GPS over 1,000 sanitary manholes using EOS GNSS receivers with real-time kinematic correction. Continued training on field collection and Esri ArcPro software. Page 253 of 295 FISHBECK I PROJECT TEAM 118 YEARS OF EXPERIENCE 1 year : Fishbeck 8 years —ototal EDUCATION BS in Civil Engineering, Michigan Technological University REGISTRATIONS/ CERTIFICATIONS Professional Engineer — Michigan Professional Traffic Operations Engineer TRAINING Pavement Surface Evaluation and Rating rfishbeck ALYSSA WAMBOLD, PE, PTOE TRAFFIC ENGINEER Alyssa applies her formal and on-the-job training to various road design and traffic -related projects including pavement management projects and traffic engineering services including traffic studies, crash analyses, pavement markings, signage, and MOT plans. She is very familiar with MDOT standards, ADA requirements, specifications, policies and procedures, as well as AASHTO standards and policies. She has practical experience in the development of road design plans, traffic staging concepts, temporary traffic control plans, freeway and non -freeway signing plans, traffic impact studies, and is proficient in MicroStation, HCS7, MiSigns, Synchro® and SimTraffic software. SMM LIVERNOIS STREETSCAPE TRAFFIC STUDY Traffic engineer responsible for creating the Synchro model for a potential road diet on Livernois Road from 8 Mile Road to Margareta Avenue. The existing levels of service were determined from the Synchro model, then compared to projected levels of service for a road diet scenario and a no -build scenario. COVENANT HEALTHCARE I SAGINAW, MICHIGAN TRAFFIC IMPACT STUDY Traffic engineer responsible for using Synchro and SimTraffic software to determine the impacts of the expansion of the Covenant Healthcare campus. Analyzed traffic data and calculated levels of service for existing, background, and future conditions. Completed a crash analysis, including pedestrians and bicycles. Wrote traffic analysis report, pedestrian access plan, and wayfinding signage plan outlining findings. SEEFRIED PROPERTIES I PONTIAC, MICHIGAN TRAFFIC IMPACT STUDY AT PROPOSED AMAZON FULFILLMENT & DISTRIBUTION CENTER Traffic engineer responsible for the modeling of 15 intersections near the site, including calculating existing vehicle delays, levels of service, and vehicle queues at the intersections. SAROKI ARCHITECTURE I BIRMINGHAM, MICHIGAN TRAFFIC IMPACT STUDY FOR PROPOSED MULTI -FAMILY DEVELOPMENT Traffic engineer responsible for preparation of a traffic impact study for a proposed residential development on South Eton Road, adjacent to the existing District Lofts Phase 2 building. The traffic impact study included the completion of a crash analysis for the most recent five years of data for the roadways adjacent to the proposed development.. ANN ARBOR ROAD OUTLET, LLC I PLYMOUTH, MICHIGAN TRAFFIC IMPACT STUDY FOR PLYMOUTH MARKET PLACE Traffic engineer responsible for the modeling of four intersections near the site and four site driveways, including calculating existing vehicle delays, levels of service, and vehicle queues at the intersections. Also calculated future vehicle delays, levels of service, and vehicle queues (after the site was redeveloped). Completed signal coordination along Ann Arbor Road (Old M-14) corridor. Prepared a report documenting all analyses, findings, and recommendations. ROMULUS PARK AND FLYI ROMULUS, MICHIGAN TRAFFIC STUDY Traffic engineer using Synchro for traffic study for the redevelopment of an existing unused parking lot at a factory into an off -site parking facility near Detroit Metropolitan Airport. Analyzed traffic count data, calculated levels of service, and wrote traffic analysis report. WOODLAND MALL I KENTWOOD, MICHIGAN TRAFFIC STUDY Traffic engineer using Synchro and SimTraffic for the traffic study for the renovations to the Woodland Mall. Analyzed traffic data for surrounding streets and internal service drives, and calculated levels of service and wrote traffic analysis report. Prepared recommendations for improvement of site circulation and modifications to driveway locations. MASS TRANSPORTATION AUTHORITY I FLINT, MICHIGAN TRAFFIC STUDY Traffic engineer using Synchro for the traffic study for the redevelopment of a parking garage. Analyzed traffic count data, calculated levels of service, and wrote traffic analysis report. Page 254 of 295 Page 255 of 295 FISHBECK I PROJECT APPROACH 120 D - PROJECT APPROACH Parking and mobility trends continually evolve. We no longer need a place to tie up our horse, but we do need charging stations to keep our electric vehicles moving. Proactive communities work to identify and adjust to meet the changing needs of their citizens and visitors. Waterloo seeks solutions to solve today's problems, but also plan for future parking and transportation needs. The proposed Comprehensive Downtown Parking Study will help the City determine the specific parking issues and develop options to provide a flexible parking framework going forward. The Fishbeck team specializes in assessing the parking and transportation situations in medium-sized cities. Communities like Waterloo require an approach specific to their demographics and travel habits. Waterloo is not just another postindustrial Midwestern city. It has a rich history and a strong sense of community, with specific parking needs. Having completed the most recent parking studies in neighboring Cedar Falls, Fishbeck staff is familiar with the area and regional dynamics of Waterloo. Fishbeck has included a robust community and stakeholder engagement process so the recommendations in the parking study will consider the fabric of the community as well as current and future parking and transportation demand considerations. The final report will present a parking plan specific to Waterloo that embodies the people and places that make Waterloo special. Our Project Manager, Jon Forster, has conducted dozens of studies in over twenty years of parking consulting. He enjoys working with growing communities and helping find opportunities for success even in the most difficult circumstances. Jon recognizes effective project management starts with good communication. Our team will conduct biweekly project update calls to ensure the City knows the status of the study at all times. Fishbeck will provide recommendations on parking demand and policy that affect livability, economic development, and promote a high quality of life community. Our team has parking operational experience, multiple project implementations, and a strong understanding of how policy affects residents and visitors' daily lives. We understand parking is about so much more than cars; it is about people participating in their community. Page 256 of 295 FISHBECK I PROJECT APPROACH 1 21 Methodology Fishbeck's overall project methodology will include a transparent public engagement and outreach effort to ensure our final recommendations are supported by the local community. The final deliverable of this study will be a targeted parking and mobility strategic plan. We intend to direct our efforts and recommendations on the following key focus areas: Communications: Public outreach program, transparent process, communications plan, branding and marketing, and stakeholder input. Data: A thorough data collection process including GIS mapping of parking inventory, occupancy, and turnover. Policy: Parking operations and use, maximizing use of existing parking lots both public and private, zoning, and planning codes. Physical Planning: Reduce unused parking areas where appropriate, optimize parking layout and striping, bike and pedestrian infrastructure, complete streets, ADA, and mobility planning. Leadership: Review organizational model, public/private opportunities, provide leadership with information and analytics needed to make sound policy decisions. Detailed Work Plan Task 1 - Project Coordination 1. The first project goal is to understand and clearly define the goals and objectives of this study. Clear goal identification drives the remainder of the study process. With the entire project team understanding desired outcomes, time and energy can be focused appropriately. 2. Conduct a kickoff meeting with City administration and invited stakeholders. Fishbeck will lead the meeting and use the information collected throughout the study process. 3. Coordinate project scheduling with City Finance Department. 4. Review existing data and previous planning projects and reports such as: • Recent City planning documents. • Current parking inventory data. • Current parking -related codes, zoning requirements, and development standards. • Information on any parking -related committees, groups, key stakeholders, etc. • The 2021 University of Iowa study and the 2008 parking study. • Bicycle, pedestrian, and other alternative transportation initiatives. • Parking enforcement policies, staffing, technology, and number of citations issued. • Available information concerning current transportation demand management policies or programs. 5. Project management throughout the study including biweekly update calls and all project coordination. Task 2 — Existing Conditions 1. Conduct a one -week site visit to collect data, review operations, and understand how the parking system serves the community. 2. Review existing parking inventory from the City. Inventory will include location, use restrictions, and hours of operation. 3. We will complete GIS mapping of the parking and mobility assets in the DDA district. GIS mapping will be used to digitally record locations of the following parking and transit assets: • City -owned off-street public parking. • Metered public on -street parking. • Private parking available as public paid parking. • Hours of operation and use restrictions. • Bus/transit stops. • Loading zone locations. Page 257 of 295 FISHBECK I PROJECT APPROACH 1 22 • On -street ADA spaces. • No parking areas. • Bike racks. (The RFP calls for an inventory of meters including their geolocation with GIS and working condition. With the City identifying the meters as past their useful life, we assume this inventory is a low priority since the meters are likely to be removed. We have included the meter inventory as an optional service not in our base bid and will conduct the work if determined necessary by the City.) 4. We will conduct occupancy data collection via GIS to confirm public parking occupancy levels. The data collection will occur from 10 am to 8 pm on a day agreed upon by the Downtown Parking Study Project Committee. (Optional Service - extra parking occupancy collection dates.) • The following locations noted in the RFP will have turnover and vehicle occupancy data gathered hourly. Vehicle turnover data will only be gathered at the on -street locations noted below and not across the entire downtown. - 4th Street between Washington Street and Mulberry Street - 3rd Street between Washington Street and Lafayette Street — West 2nd Street 200 block — The 500 and 600 blocks of Mulberry Street — The 500 and 600 blocks of Lafayette Street - The 500 and 600 blocks of Sycamore Street — Commercial Street between West 6th Street and West 3rd Street - East 5th Street, Washington Street, and Mulberry Street — Jefferson Street between West 6th Street and Highway 63 • Parking occupancy counts will be gathered every two hours for the parking garages, lots, and paid on -street parking areas not listed above. 5. Conduct visual observation of pedestrian walking patterns and connections to parking areas. 6. Provide a summary of parking usage characteristics, occupancy, and operational activity. The summary will provide a clear understanding of how the public uses parking assets and the opportunities to improve access and customer experience. 7. The GIS files will be turned over to the City and allow the administration to conduct parking counts on an ongoing basis. Regularly updated parking, bike use, and other data points can help the City understand conditions and continue to evolve as needed. 8. This occupancy and utilization information will be documented in graphic form to include "heat maps" that illustrate parking occupancies in aerial map form. Operations, Policy, and Technology Review 1. Review operational policies to identify whether goals expressed by the City are currently being met. This review will include: • Standard operating procedures. • Off-street and on -street parking policy. • Integration of parking with other modes of transportation. • Customer service standards. • EV charging options. • Enforcement policies, fines, enforcement times, appeals, and final adjudication. • Hours of operation. 2. Review the parking rate strategy for the entire system. We will focus on street rates, hours, and policy, while being aware that off-street parking rates and policies need to be considered as part of a complete rate plan. Page 258 of 295 FISHBECK I PROJECT APPROACH 123 3. Review existing parking -related technologies and payment systems to assess the opportunities to leverage new technologies. The analysis portion of the study will consider factors such as: • Customer ease of use. • Management and operational requirements. • Effectiveness of enforcement. • Improved efficiencies. • Capital outlay and monthly costs. 4. Observe the use of the "curb" and how different demands are being met including: • Loading zones. • 15 minutes Grab-N-Go spaces. • Parklets. • Special events. • Shared spaces for drop-off, pick-up, delivery services, car shares, etc. Review Parking Branding and Signage 1. We will review existing websites, maps, brochures, and wayfinding signage as it relates to parking and provide recommendations for potential improvements. 2. Review signage messaging, branding, and location for effectiveness and visibility. 3. We will provide examples of successful parking marketing programs we have observed throughout the country that could be leveraged in Waterloo. Task 3 — Community Outreach The Fishbeck team excels at designing processes that effectively engage multiple stakeholder groups, including the public. We use a variety of methods to ensure broad participation, which help to achieve consensus and stakeholder buy -in to the study results. When the project is complete, the high level of stakeholder and public involvement used to conduct the process will lead to a clear consensus on next steps and the path forward. Our public engagement process is described below. Engagement Groups 1. Downtown Parking Study Project Committee: Consisting primarily of City staff and stakeholders, this small group will work directly with the Fishbeck team to ensure tasks are completed fully and on schedule. The Fishbeck team will meet or talk regularly to review products and progress and suggest changes to approach as conditions might dictate. 2. Key Stakeholder Interviews: 10 to 15 individuals/organizations who may have particular insights or a level of investment in the study area that warrant more direct interaction with the Fishbeck team. While not exhaustive, the following list represents the types of stakeholder groups we would expect to involve in this project. • Elected officials. • City staff. • Main Street Waterloo. • Experience Waterloo. • Downtown business and property owners. • Local institutional and organizational leaders. • Representatives of major downtown employers. • Others as identified by the City. Page 259 of 295 FISHBECK I PROJECT APPROACH 1 24 3. General Public: To build consensus for any plan of this scope and breadth, outreach should begin early and should cast a broad net. Input Forums 1. One -On -One Interviews: These interviews will be geared toward soliciting input from key stakeholders and select members of City leadership. The one-on-one format will allow participants to provide a candid assessment of conditions and challenges. 2. Public Workshop: A presentation of findings and recommendations will be conducted to allow attendees to share their ideas within a structured and informed setting. The Fishbeck team will be responsible for providing meeting content and materials including presentation boards, PowerPoint presentations, base maps, etc. Public Survey Online Survey: Fishbeck will develop and host an online survey. The City will help promote the survey effort by providing links to the online survey site via web pages, social media, and direct email. The survey will seek to determine among other topics: • User demographics. • Frequency of visiting downtown. • Areas most frequented. • Reason for visiting downtown. • Acceptable walking distances. • Use of multi -modal transportation options. • Transportation preferences. • Residential parking and mobility behavior. • Open ended responses to gather specific opinions. The online survey will include a location tool that will allow respondents to identify a specific location on a map, drop a pin on that location, and leave a comment specific for the pin. Optional Service — Initial Findings Review — 50% Status Workshop (Onsite) 1. Upon completion of our observations, data gathering, and public outreach efforts, we will submit an initial finding review. The document will present our primary findings and potential recommendations. 2. Conduct a strengths, weaknesses, opportunities, and threats (SWOT) analysis for discussion as part of the 50% workshop. 3. The 50% workshop will provide a focused opportunity for City staff and stakeholders to consider how their goals can be achieved and discuss the details of an implementation plan. 4. The goals discussed during the workshop will drive recommendations for the final presentation. Some topics that may be discussed: • Parking inventory and occupancy characteristics. • How to serve downtown businesses/organizations. • Organizational structure. • Role of technology in improving the customer experience and system administration. • Curb management choices to address changing needs for access to the curb. • Commitment to alternative modes of transportation, notably walkability and bicycle access. • EV parking and charging. Task 4 — Identify and Evaluate Parking Recommendations The Fishbeck team will develop a parking strategic plan to address current concerns and direct policy decisions for the next 5 to 10 years. The emphasis of the strategic plan will be to meet the goals outlined in the RFP. • Develop a realistic plan for the effective use of parking in the study area that can be implemented comprehensively or in a phased approach. Page 260 of 295 FISHBECK I PROJECT APPROACH 125 • Provide credible information regarding current and future parking needs that can be communicated clearly to the public and stakeholders. • A parking system that contributes to the positive image of Waterloo. • A parking system that supports livability and economic development for the downtown. • A parking system that effectively utilizes technology for ease of patron use and administrative efficiency. • Identify opportunities to promote mobility options, especially bicycle parking and infrastructure. The parking and mobility strategic plan will include: 1. Develop order of magnitude estimates of future parking sufficiency based on current capacity, projected land uses, and application of parking demand ratios. Sufficiency estimates will include modeling to account for shared parking opportunities as they are available throughout the study area. 2. Review specific pipeline projects to determine parking needs and the impact of projects on the overall parking situation in downtown. 3. Consider how zoning requirements within the study area may impact current and future parking demand. 4. We will compare the projected parking demand against the existing supply of spaces to determine adequacy of parking and potential management strategies for the next 5 to 10 years. 5. Options for addressing current and projected parking demand. • Identify opportunities to increase on -street parking supplies in the study area (either through the creation of new spaces or the opportunity to alter layout from parallel parking to perpendicular or angled parking). • Identify locations for expanded off-street parking options including parking lots and garages. • Provide recommendations to manage existing parking inventories, improve current operations, and optimize the use of existing parking. 6. Specific review of parking rates and the proposed two-hour free parking and two-hour paid parking structure as identified by the Main Street Waterloo Parking Task Force. 7. Provide recommendations on meter applications and technology to replace the obsolete on -street meters. Recommendations will include consideration of on -street policy, functionality, customer interface and administrative complexity. 8. Identify management structure, operational efficiency, and customer experience recommendations that would maximize the use of the system for both the users and administrators. 9. Maximize use and occupancy of all parking areas to limit paved areas, promote a "park once" mentality, and increase cohesion of downtown elements. 10. Consideration of long-term land use that would allow for build out of commercial space and parking to increase future flexibility and options. 11. Impact of bicycle and alternative transportation options that promote a biking and walking culture in the community. 12. Identify zoning and policy implications that impact parking. Make recommendations that support the vision and development of downtown. 13. Comment on the online presence for parking in the City. Make recommendations to enhance or streamline options to increase online tools. 14. Facilitate coordination with Cedar Falls and other regional municipalities on policy and technology. 15. Note parking- and transportation -related signs and identify areas of opportunity for enhanced wayfinding and suggestions for new wayfinding options. Page 261 of 295 FISHBECK I PROJECT APPROACH 126 Task 5 - Implementation Plan and Budget A prioritized recommendations matrix. The document will present our findings and recommendations and provide preliminary costs for our recommended improvements, and a timeline for implementation. • Quick fixes and easy wins. • Short-, medium-, and long-term solutions. • Pros and cons analysis. • Responsible departments and parties. • Operational needs. • Capital expenditures. Task 6 — Report Summary report of findings and recommendations for review by the City before finalizing. This will include a 95% status virtual meeting to discuss recommendations prior to finalizing study. Task 7 — Presentation to Governing Board Final public presentation to City Council, stakeholders, and public. Final presentation can be given in a public forum if chosen by the City. Final presentation can be given twice in the same visit if a public presentation and City Council presentation were scheduled appropriately. Deliverables To make information more accessible to the public, Fishbeck will not provide a traditional written report, but rather a summary report of findings and recommendations. The final summary report will focus heavily on graphics, the implementation matrix, and other visual means to communicate current conditions and recommendations for future parking system management. The summary report will include a review of public outreach, 50% workshop summary and slideshow, final presentation, GIS files, implementation matrix, and all collected data. The following items will present the City an accurate view of the current conditions and a plan for future parking needs. Deliverables include: • One -week onsite visit by the Fishbeck project team to include: — Onsite kickoff meeting with Downtown Parking Study Project Committee. — Stakeholder interviews onsite during data collection. — GIS data collection of parking inventory and vehicle occupancy counts. • Charts showing parking supply and demand in the downtown. • GIS files of all parking and mobility assets and parking demand during the identified collection times. • Project 50% status workshop (optional service) — The goal of the meeting is to ensure the Fishbeck team and the City have the same understanding of findings and are working together to develop solutions. Data collection, community outreach summary, and preliminary recommendations will be main topics for discussion. • Prioritized implementation matrix including: — Short-term recommendations. - Mid-term (1 to 4 year) recommendations. — Long-term (5+ years) long-range goals. — Potential cost of recommendations. • Biweekly update calls with the project team • 95% status review prior to finalizing recommendations, noting specific attention regarding on -street parking fee structure, hours, and regulations. • Final presentation onsite. • Summary final report — We will incorporate the feedback and comments received from the City into the final report document, which will include an executive summary, maps, data, survey results, implementation matrix, zoning recommendations, and other documentation. Page 262 of 295 Page 263 of 295 FISHBECK I SCHEDULE I 28 E -SCHEDULE Fishbeck has reviewed the tentative schedule in the RFP and is prepared to meet that schedule. TASK SEPT 2023 OCT 2023 NOV 2023 DEC 2023 JAN 2024 FEB 2024 Task 1 Project Coordination Task 2 Existing Conditions Task 3 Community Outreach * Task 4 Identify and Evaluate Parking Recommendations Task 5 Implementation Plan and Budget Task 6 Report Task 7 Presentation to Governing Board * * Onsite meetings and presentations Page 264 of 295 • • neat -zffeit" ' ••• r• Alta • , - •• \ , ‘• ' • PROPOSED COST/ 111,414.4,, •.• RATE SCHEDULE —it, i 4- t t t Page 265 of 295 FISHBECK I PROPOSED COST/RATE SCHEDULE 130 F -PROPOSED COST/RATE SCHEDULE We propose to conduct the parking study for a lump sum fee of $46,367, inclusive of all expenses. We have included three optional services to enhance the study, that were not requested in the RFP. Fishbeck is willing to adjust our proposal to meet the City's specific needs. TASK EST. PERSONNEL FEE BY TASK Task 1 Project Coordination $ 6,595 Task 2 Existing Conditions $ 12,582 Task 3 Community Outreach $ 7,676 Task 4 Identify and Evaluate Parking Recommendations $ 6,544 Task 5 Implementation Plan and Budget $ 5,038 Task 6 Report $ 5,044 Task 7 Presentation to Governing Board $ 2,848 Total Base Fee $ 46,327 Optional Services Additional Data Collection Dates $ 2,204 Geolocation and Condition of Street Meters $ 4,600 Initial Findings 50% Workshop (Onsite) $ 4,240 •Fees are inclusive of all labor costs and expenses. Page 266 of 295 Lfishbeck Engineers I Architects I Scientists I Constructors 1515 Arboretum Drive, SE Grand Rapids, Michigan 49546 616.575.3824 1 fishbeck.com Rate Schedule June 10, 2023 Principal $260 Architect I Construction Engineer/Manager/Administrator I Engineer I Estimator I Geologist I Hydrogeologist Industrial Hygienist I Interior Designer I Project Manager I Scientist I Surveyor Senior Level $162-$250 Mid Level $142-$162 Staff Level $99-$142 Architectural Specialist I Engineering Specialist I Environmental Specialist I Health & Safety Specialist Operations Specialist I Technical Specialist I Project Superintendent I Survey Specialist Senior Level $162-$240 Mid Level $118-$162 Staff Level $95-$118 Technician Senior Level $126-$151 Mid Level $112-$126 Staff Level $86-$112 Production Support $99 Photocopies $0.10/Copy Mileage/Passenger Vehicles $0.70/Mile Field and Service Vehicles $0.95/Mile Equipment Schedule Separate Schedule Expenses and Outside Services Cost Plus 10% Compensation to be at one and one-half times the hourly rate for approved overtime. Invoices are rendered every four weeks and payment is due upon receipt. A service charge of 1% per four -week period is added to accounts unpaid after 28 days from date of billing. 6/2023 Page 267 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Resolution approving a Vehicle and Fuel Maintenance Agreement with the Municipal Telecommunications Utility of the City of Waterloo, in the amount of $.05 per gallon above the price paid by City departments for fuel and $56.00 per hour for vehicle maintenance Service Technician services, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approve Agreement SUMMARY STATEMENT AND BACKGROUND INFORMATION Waterloo fiber group to pay for fuel purchases, service repairs and maintenance to the City of Waterloo Central Garage department. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 268 of 295 ATTACHMENTS 1. Agt for maintenance and fuel 2023.08.29 Page 269 of 295 AGREEMENT FOR VEHICLE MAINTENANCE AND FUEL The parties to the Agreement are the City of Waterloo, Iowa, a municipal corporation organized and existing under the laws of the State of Iowa (hereinafter "City"); and the Municipal Telecommunications Utility of the City of Waterloo, a municipal utility organized and existing under the laws of the State of Iowa (hereinafter "Utility"). This Agreement is effective from and after the day of 2023 (the "Effective Date"). RECITALS It is the intent of the parties through this Agreement to set out the terms by which the City will provide certain services to the Utility and to specify the compensation the Utility will pay for those services. NOW, THEREFORE, the parties mutually agree as follows: 1. SCOPE OF CITY SERVICES. 1.1 City agrees to provide fuel cards for Utility vehicles, thus allowing use of the City fuel facility. 1.2 The City agrees to perform both scheduled and unscheduled service and repairs to Utility vehicles pursuant to a Preventive Maintenance Program. The Preventive Maintenance Program will include a schedule provided to Utility showing the vehicles entered into the Program and the dates of their scheduled maintenance. The City will perform scheduled maintenance on vehicles so they can continue to be operated safely. 2. REPORTS. The City will provide Utility a monthly report of fuel usage and vehicle maintenance completed during that period. Reports covering other time periods may be available. 3. COMPENSATION AND PAYMENT METHOD. 3.1 Utility will pay to the City, on a monthly basis, $.05 per gallon above the price paid by City departments for fuel. This fee will cover overhead, card management and a small part of the preventive maintenance costs associated with the fuel facility. 3.2 Utility will pay to the City, on a monthly basis, $56.00 per man-hour to cover costs associated with a Service Technician performing vehicle maintenance. 3.3 Payment by Utility to City shall be made within thirty (30) days of Utility's receipt of the monthly report documenting the fuel used and labor hours performed. 4. CHANGES/AMENDMENTS. The City reserves the right to annually re -negotiate pricing on fuel and labor rates as set out in Paragraph 3 above, to be effective on the Agreement anniversary date. Any changes or amendments to this Agreement shall be mutually agreed upon by Utility and the City and incorporated into a written amendment. Page 270 of 295 5. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party by providing at least thirty (90) days' advance written notice to the other party. This Agreement may further be terminated at any time by mutual agreement of the parties in writing. In the event of termination, City shall be compensated for all services performed up to the termination date, together with reimbursable expenses then due. 6. DURATION. This Agreement is effective the as of the Effective Date and shall be valid for an initial term of 24 months, and will automatically renew for year -by -year, with the option to terminate by notice of non -renewal at least 90 days before the anniversary date. 7. SEPARATE ORGANIZATION. No separate organization is formed or contemplated by this Agreement. 8. PURPOSE. The purpose of this Agreement is to provide vehicle maintenance, service and fuel to Utility. 9. METHOD OF HOLDING PROPERTY. The parties do not contemplate that there will be joint ownership of any personal property, and each party shall retain its own personal property. There shall be no real estate purchased pursuant to this Agreement. 10. GOVERNING LAW. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Iowa now or hereinafter applicable hereto. 11. ENTIRE AGREEMENT. This Agreement contains the entire Agreement between the parties hereto related to vehicle maintenance, service and fuel and may not be changed except by an amendment in writing signed by the parties hereto. 12. AUTHORIZATION. Each party represents and warrants that, before execution, this Agreement has been duly approved by its governing body in accordance with Iowa law. 13. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. 14. SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15. COOPERATION. Each party shall cooperate in good faith with the other to implement the terms and intent of this Agreement. [signatures on following pages] 2 Page 271 of 295 IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its duly authorized officers as of , 2023. ATTEST: By: Kelley Felchle, City Clerk CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor 3 Page 272 of 295 IN WITNESS WHEREOF, the Utility has caused this Agreement to be executed by its duly authorized officers as of , 2023. ATTEST: By: Kelley Felchle, Board Secretary MUNICIPAL TELECOMMUNICATIONS UTILITY OF THE CITY OF WATERLOO, IOWA By: Andrew Van Fleet, Board Chair 4 Page 273 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Resolution approving an agreement with the Municipal Telecommunications Utility of the City of Waterloo, in the amount of $1,000.00 per month for administrative office space and two parking stalls, cost to increase to $2,000.00 per month as the utility expands and needs room for construction equipment, supplies mezzanine and outdoor space, $45.00 per month per phone line, a pro -rated basis of electric utilities based on occupied square footage, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approve Agreement SUMMARY STATEMENT AND BACKGROUND INFORMATION Waterloo fiber group will be sharing space at the Public Works building. Fees include payment for rent, phone lines, and utilities. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 274 of 295 ATTACHMENTS 1. Agt for use of Office and Operation Space at the Public Works Complex at 625 Glenwood Street 2023.08.29 Page 275 of 295 AGREEMENT FOR OFFICE, EQUIPMENT AND VEHICLE INDOOR AND OUTDOOR SPACE AT 625 GLENWOOD STREET The parties to the Agreement are the City of Waterloo, Iowa, a municipal corporation organized and existing under the laws of the State of Iowa (hereinafter "City"); and the Municipal Telecommunications Utility of the City of Waterloo, a municipal utility organized and existing under the laws of the State of Iowa (hereinafter "Utility"). This Agreement is effective from and after the day of , 2023 (the "Effective Date"). RECITALS It is the intent of the parties through this Agreement to set out the terms by which the City will provide certain office, equipment and vehicle indoor and outdoor space to the Utility and to specify the compensation the Utility will pay for that space and prorated utility cost. NOW, THEREFORE, the parties mutually agree as follows: 1. SCOPE OF CITY SERVICES. 1.1 City agrees to provide office, equipment and vehicle indoor and outdoor space. 1.2 The Utility will pay for its prorated cost of the gas, electric and phone utilities. 2. REPORTS. The City will provide Utility a copy of said utility bills. Reports covering other time periods may be available. 3. COMPENSATION AND PAYMENT METHOD. 3.1 Utility will pay to the City, on a monthly basis, $1,000 for the use of the administrative area along with two parking stalls. As the Utility expands and needs room for construction equipment, supplies, mezzanine and outdoor space the monthly cost will go up to $2,000 a month. Payments will be due within 30 days of payment request. a. Utility will pay to the City, on a prorated basis, its share of electric utilities. The prorated basis will be based on the occupied square footage listed below, as a percentage of the total area of the facility, (150,713 sq ft). The utility will also pay for phone utilities, at a rate of $45 per line. Payment shall be made within thirty (30) days of Utility's receipt of the monthly report documenting the utilities used. b. Administrative area along with two parking stalls GM Office — 136 sq ft Administrative — 258 sq ft Small Conference room — 278 sq ft Conference rooms @ 1/5 total — 150 sq ft 2 parking stalls — 368 sq ft c. Construction equipment, supplies, mezzanine and outdoor space 2 sections on mezzanine - 1 @ 1,872 sq ft and 1 ea @ 1,332 sq ft Page 276 of 295 Total mezzanine for fiber — 3,204 sq ft Cold Storage — 5,945 sq ft Hoop Building — 6,912 sq ft 4. CHANGES/AMENDMENTS. The City reserves the right to annually re -negotiate pricing on office, equipment and vehicle indoor and outdoor space, as set out in Paragraph 3 above, to be effective on the Agreement anniversary date. Any changes or amendments to this Agreement shall be mutually agreed upon by Utility and the City and incorporated into a written amendment. 5. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party by providing at least thirty (90) days advance written notice to the other party. This Agreement may further be terminated at any time by mutual agreement of the parties in writing. In the event of termination, City shall be compensated for all services performed up to the termination date, together with reimbursable expenses then due. 6. DURATION. This Agreement is effective the as of the Effective Date and shall be valid for an initial term of 24 months, and will automatically renew for year -by -year, with the option to terminate by notice of non -renewal at least 90 days before the anniversary date. 7. SEPARATE ORGANIZATION. No separate organization is formed or contemplated by this Agreement. 8. PURPOSE. The purpose of this Agreement is to provide office, equipment and vehicle indoor and outdoor space to Utility. 9. METHOD OF HOLDING PROPERTY. The parties do not contemplate that there will be joint ownership of any personal property, and each party shall retain its own personal property. There shall be no real estate purchased pursuant to this Agreement. 10. GOVERNING LAW. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Iowa now or hereinafter applicable hereto. 11. ENTIRE AGREEMENT. This Agreement contains the entire Agreement between the parties hereto related to office, equipment and vehicle indoor and outdoor space and may not be changed except by an amendment in writing signed by the parties hereto. 12. AUTHORIZATION. Each party represents and warrants that, before execution, this Agreement has been duly approved by its governing body in accordance with Iowa law. 13. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. 14. SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15. COOPERATION. Each party shall cooperate in good faith with the other to implement the terms and intent of this Agreement. 2 Page 277 of 295 [signatures on following pages] 3 Page 278 of 295 IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its duly authorized officers as of , 2023. ATTEST: By: Kelley Felchle, City Clerk CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor 4 Page 279 of 295 IN WITNESS WHEREOF, the Utility has caused this Agreement to be executed by its duly authorized officers as of , 2023. ATTEST: By: Kelley Felchle, Board Secretary MUNICIPAL TELECOMMUNICATIONS UTILITY OF THE CITY OF WATERLOO, IOWA By: Andrew Van Fleet, Board Chair 5 Page 280 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Resolution approving the renewal of a Janitorial Services Agreement with Midwest Janitorial Service, Inc., of Hiawatha, Iowa, in the amount of $11,399.62 per month, effective September 1, 2023, through August 31, 2025, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Janitorial Services Current contract $10,859.09 with an increase of $540.53 for a total of $11,399.62 per month for the period beginning September 1, 2023, through August 31, 2025. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 281 of 295 1. Service Agreement - Midwest Janitorial Page 282 of 295 This Janitorial Services Agreement (the "Agreement") entered into as of September 4, 2018, by and between the City of Waterloo, Iowa ("City") and Midwest Janitorial Service, Inc. ("Company") is amended to increase monthly compensation. All other terms and conditions remain unchanged. 1. Term: This Amendment will be effective September 1, 2023 through August 31, 2025. City shall have the option to extend the term for an additional period of one, two or three years. Pricing during any renewal period shall be subject to the mutual written consent of both parties. Either party may terminate this Agreement at any time by delivery of thirty (30) days' advance written notice to the other party, or otherwise as set forth in this Agreement. 2. Compensation: Company will invoice City monthly for services as set forth below and on Attachment A City will remit payment within 30 days. City is an exempt entity and does not pay sales tax or late fees. Year 1: 2023-2024 City Hall Carnegie Annex Police Training Center Memorial Hall Waste Management Parking Ramp Total: Year 2: 2024-2025 City Hall Carnegie Annex Police Training Center Memorial Hall Waste Management Parking Ramp $ 6,164.17 per month $ 1,262.11 per month $ 410.25 per month $ 457.41 per month $ 2,368.30 per month $ 196.85 per month $ 10,859.09 per month $ 6,423.52 per month $ 1,338.55 per month $ 458.00 per month $ 503.60 per month $ 2,465.50 per month $ 210.45 per month. Total: $ 11,399.62 per month *Pricing is contingent on consumable pricing. Adjustment for unforeseen increases may be needed, If City requests additional services, the following charges will apply: $45.00 hourly rate per supervisor. $35.00 hourly rate per employee, IN WITNESS WHEREOF, the parties have executed this Janitorial Services Amendment by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Attest: MIDWEST JANITORIAL SERVICES, INC. Title:,/% % al/, 66• 1 page 283 of 295 City of Waterloo 9/1/23.6/31/24 Location Current Price Increase 2023-2024 Freouenc City Hall $ 5,959.16 $ 205.01 $ 6,164.17 5x Week Carnegie $ 1,232.45 $ 29.66 $ 1,262.11 5 x Week Police $ 378.35 $ 31.90 $ 410.25 lx Week Memorial Hall $ 447.35 $ 10.06 $ 457.41 ix month Waste Management $ 2,263.61 $ 104.69 $ 2,368.30 5x per Week Parking Ramp $ 192.32 $ 4.53 $ 196.85 lx per Week Totals NOTES 2023-2024 $10,473,24 $385.85 $10,859.09 1. Consumable pricing has continued to increase monthly. 2. Overall increase is 3% and will allow us to raise wages .50 which will help with retention & recruitment of quality staff. 3. See window updates from sub below. 9/1/24-8/31/25 - Esttmate Location Current Price Increase 2024-2025 Frequent City Hall $ 6,164.17 $ 259.35 $ 6,423.52 5 x Week Carnegie $ 1,262.11 $ 76.44 $ 1,338.55 5 x Week Police $ 410.25 $ 47.75 $ 458.00 lx Week Memorial Hall $ 457.41 $ 46.19 $ 503.60 lx month Waste Management $ 2,368.30 $ 97.20 .$ 2,465.50 5x per Week Parking Ramp $ 196.85 $ 13.60 $ 210.45 lx per Week Totals $10,859.09 $11,399.62 NOTES 2024-2025 1. Consumable pricing is volatile and is based on an estimate. Pricing is subject to change for the 2024-2025 period. WINDOWS City Hall Carnegie Annex (New Section) Police Memorial Hall Waste Mgmt Pricing - Current 2022-2023 Per Time $ 2,350.00 Pricing 2023-2024 Per Time $ 2,995.00 $ 300.00 $ 330.00 $ 155.00 $ 155.00 $ 1,050.00 $ 1,150.00 $ 250.00 $ 275.00 Pricing 2024-2025 Per Time $ 3,055.00 $ 340.00 $ 160.00 $ 1,184.50 $ 283.25 - -Page 284 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE September 18, 2023 AGENDA ITEM TITLE Resolution approving a Service Agreement with Electrical Engineering and Equipment Company of Des Moines, Iowa, in the amount of $7,700.00 per year, for a period of three years ending August 2026, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Service Agreement with Electrical Engineering & Equipment Company. SUMMARY STATEMENT AND BACKGROUND INFORMATION Waste Management Services received four quotes. Electrical Engineering & Equipment Company was the lowest bid for plant blower maintenance services. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 285 of 295 1. 3E waterloo pm qt 2. Generator Memo Page 286 of 295 CUSTOMER PREVENTATIVE MAINTENANCE AGREEMENT 1808 Delaware Avenue • Des Moines, Iowa 50317 • 515-266-8890 EIECIRICN ENGINEERING d Ed IPMEFYI' COMPANY This proposal sent on this the 27th Day of August 2023, from Electrical Engineering & Equipment Company to the customer, City of Waterloo . I Customer # 1. In consideration of the agreements herein contained and valid for 60 days from today's date: 2. The customer agrees to remit the amount of $7,700.00** per year for a period of THREE YEARS, upon receipt of a valid invoice of which the amount, plus any late payment penalty, shall be due and payable in accordance with the terms stated in the invoice sent by 3E after the service is provided. 3. Electrical Engineering & Equipment Company agrees to perform maintenance as listed below, once per year on the standby Generator System at the address listed below. 4. Electrical Engineering & Equipment Company's only liability shall be to repair or replace parts, supplied under this maintenance proposal. Customer's Address: ** Unit & Price Information: SEE ATTACHED SHEET Name -CITY OF WATERLOO Address-3505 EASTON AVE City & State -WATERLOO, IOWA Contact Phone#-BRIAN 319-291-4553 Email- BRIAN.BOWMAN@WATERLOO-IA.ORG The following services will be furnished: ENGINE ❑x A. Change lubricating oil and filters. ❑x B. Clean Air Filter. ❑x C. Check Spark Plugs (Spark Ignited Engines Only) ❑x D. Clean crankcase breather. ❑x E. Inspect and adjust governor to 60 Hz at rated load. ❑x F. Check unit safety system. ❑x G. Inspect all gauges, meters and relays. ❑x H. Inspect all hoses for leaks. ❑x I. Check cooling system. ❑8 J. Check battery and battery charger. ❑8 K. Inspect Belts I] L. Change Fuel Filters (If Applicable) GENERATOR ❑x A. Check output voltage and frequency — (Adjust as necessary) ❑x B. Inspect brushes and spring tension. ❑x C. Inspect generator bearing. ❑x D. Inspect all meters, switches, regulators. AUTOMATIC TRANSFER CONTROL ❑x A. Inspect Automatic Transfer Switch, contacts, linear motor actuation and moving parts. ❑x B. Simulate power failure — assure proper functioning of automatic control. ❑x C. Check and set time delays and clock exerciser. Signature: Signature: 3E Representative: Scott R Stoeckel Owner/Manager: Date: 08/27/2023 Date: Page 287 of 295 CITY OF kt,P 715 Mulberry St, Waterloo, IA 50703 Q TERLOO Phone: (319) 291-0141 t. Mille IOWA Fax: CITYOFWATERLOOIOWA.COM a Community of Opportunity Date: September 18, 2023 To: Waterloo Mayor and Council From: Brad Manahl, Assistant Director ICT/Maintenance, Waste Management Services RE: Resolution Approving 3 year agreement with 3E from Des Moines Iowa, for yearly maintenance of eight city generators. Background Discussion: This agreement consists of maintenance of eight city generators, seven (7) for Waste Management Services and one (1) for Public Works. It includes yearly maintenance, preventative maintenance, and inspecting electrical components as well as the Automatic Transfer Switches. These generators are vital piece of equipment to ensure uninterrupted service to sewer users and avoid overflows during power outages. Yearly maintenance will prolong the lifetime of the generator. Recommended Action: It is recommended that the City Council support the resolution to approve the agreement with 3E, from Des Moines Iowa, for yearly maintenance of eight city generators for the value of $7,700 yearly over three years. Page 288 of 295 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 18, 2023 AGENDA ITEM TITLE An ordinance establishing a sidewalk cafe program. 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. Waterloo Sidewalk Cafe Ordinance - Final to Council 9-13-2023 Page 289 of 295 Final to Council 9-13-2023 TITLE 3 — BUSINESS AND LICENSE REGULATIONS CHAPTER 4 — BUSINESSES RELATING TO SALES ARTICLE G — SIDEWALK CAFE 3-4G-1: DEFINITIONS: 3-4G-2: PURPOSE: 3-4G-3: RIGHT TO LIMIT: 3-4G-4: PERMIT REQUIRED: 3-4G-5: WHERE AND WHEN PERMISSIBLE: 3-4G-6: APPLICATION FOR PERMIT: 3-4G-7: ISSUANCE OF PERMIT: 3-4G-8: TRANSFERABILITY OF PERMIT: 3-4G-9: INSURANCE: 3-4G-10: LITTER: 3-4G-11: RESTRICTIONS ON SMOKING AND ALCOHOLIC BEVERAGES: 3-4G-12: SIDEWALK CAFE REGULATIONS FOR OPERATION AND CONSTRUCTION: 3-4G-13: APPEAL: 3-4G-14: DENIAL, SUSPENSION, OR REVOCATION OF PERMIT: 3-4G-15: REMOVAL OF SIDEWALK CAFE: 3-4G-16: PENALTY: 3-4G-17: SEVERABILITY: 3-4G-17: EFFECTIVE DATE: 3-4G-1: DEFINITIONS: A. Central Business District: The Central Business District shall include all properties in downtown Waterloo as described in Section 2-2-1 of this Code. B. Design Review: Materials used to define the perimeter of a sidewalk cafe in the Central Business District shall be subject to the approval of the Engineering Department and the Main Street Waterloo Redevelopment Authority, in accordance with Section 2-2-3 of this Code. C. Establishment: A brick and mortar building located in the Central Business District selling food to customers and is required by the State of Iowa to hold a food establishment license, or a bar operating from a brick and mortar building in the Central Business District and is required by the State of Iowa to have a liquor license. D. Operator: The owner and/or employees of the establishment responsible for operating and maintaining the sidewalk cafe. E. Sidewalk Cafe: Any group of tables and/or chairs, and its authorized decorative and accessory devices and barriers, situated and maintained upon the public sidewalk for use in connection with operating an establishment. The sidewalk cafe shall be attached and adjacent to the establishment. Sidewalk cafes shall be constructed, maintained, and removed at the sole cost and expense of the permittee. 3-4G-2: PURPOSE: This Article shall set forth regulations for any establishment operating a sidewalk cafe in the Central Business District. 3-4G-3: RIGHT TO LIMIT: The city council may, by resolution limit the number of sidewalk cafes allowed in the Central Business District. 3-4G-4: PERMIT REQUIRED: A. It shall be unlawful for any person to erect or operate a sidewalk cafe within the city without first obtaining a permit from the city, and any other state or county permits, certifications, and licenses that may be required to operate an establishment on a sidewalk cafe. A sidewalk cafe, permitted and operated in accordance with this Article shall not be considered an obstruction of the public right-of-way. 1 Page 290 of 295 Final to Council 9-13-2023 B. A permit for a sidewalk cafe shall be issued only to the permittee who shall include, jointly and severally, (i) the operator of the establishment and (ii) the fee simple owner of the real property upon which the establishment is located. 3-4G-5: WHERE AND WHEN PERMISSIBLE: A sidewalk cafe regulated under this Article shall be permitted as follows: 1. Is located in the Central Business District. 2. Attached and adjacent to the establishment. 3. Where the sidewalk cafe's operation is primary to and a part of the operation of its adjacent establishment. 4. Provided the area in which the sidewalk cafe is located extends no farther along the sidewalk's length than the actual sidewalk frontage of the establishment. 3-4G-6: APPLICATION FOR PERMIT: A. Contents of Application: Applicants for a permit under this Article shall complete and submit to the city clerk an application, fees, and supporting documentation, all of which shall include but not be limited to the following information: 1. The name, phone number, and email address of the applicant. 2. The name, address, phone number, and email address of the establishment. 3. Proof of valid food service license(s) from the state and/or county health departments if selling/handling food and/or beverages for human consumption. License number of current liquor license. 4. A certificate of insurance and indemnification agreement as required in Section 3-4G-9 of this Article. 5. A drawing showing the layout and dimensions of the proposed sidewalk cafe area, including size and number of tables, seating, umbrellas, location of entries to the sidewalk cafe. The drawing must also show the location of trees, sidewalk benches, trash receptacles, landscaping, utility boxes, fire hydrants, poles, and other sidewalk obstructions, either existing or proposed, near the sidewalk cafe area. 6. Photographs, drawings, or manufacturer's brochures fully describing the appearance of all proposed tables, chairs, umbrellas or other objects relating to the sidewalk cafe. 7. A plan for the maintenance and cleaning of the sidewalk cafe including the disposal of any trash or debris generated from the operation and use of the sidewalk cafe by patrons of the permittee. 8. A non-refundable application fee of fifty dollars ($50.00). B. Filing: No application shall be accepted for filing and processing unless it conforms to the requirements of this Article. This includes a complete and true application, all of the required materials and information prescribed, and the appropriate application fee. C. Timely Filing: An application must be filed with the city clerk's office no later than February 1st of each year. The city reserves the right to reject any application not filed in a timely manner. The city clerk may charge an applicant a twenty dollar ($20.00) fee for filing an incomplete application or for failing to timely file the application. Any new business that opens after the timely filing date may submit a new application. Fees for such application and permit shall not be prorated. D. Application Review: Upon receipt of the complete application as required by this Article, the city clerk shall forward the application to the Fire Department, Building Department, Planning and Zoning Department, Engineering Department, and Police Department for review and 2 Page 291 of 295 Final to Council 9-13-2023 approval or denial. Following approval by city departments, the city clerk shall forward the application to the Main Street Design Review Board for review and approval or denial. 3-4G-7: ISSUANCE OF PERMIT: A. If the city clerk finds the application is complete, fully executed, made in conformance with Section 3-4G-6 of this Article, the application fee and all outstanding fees owed to the city are paid, and upon approval by all parties listed in Section 3-4G-6(D) of this Article, the city clerk shall inform the applicant that a permit may be issued subject to payment of a non-refundable permit fee of one hundred dollars ($100.00). B. Term of Permit: A permit shall be valid from April 1 through November 1. C. Approval or denial of a sidewalk cafe application shall be at the discretion of the city clerk. Such discretion shall be exercised with due regard to public health, safety and welfare considerations. City departments may impose additional requirements in particular situations, when it is deemed to be necessary to ensure compliance with city ordinances public health, safety, or welfare. 3-4G-8: TRANSFERABILITY OF PERMIT: A permit issued under the provisions of this Article is not transferable in any situation to any person and is only applicable to the person filing the application. 3-4G-9: INSURANCE: A. All sidewalk cafes shall provide proof of and maintain current commercial general liability insurance having a minimum combined single limit of one million dollars ($1,000,000.00), and Workers' Compensation coverage of no less than the statutory requirement. A certificate of insurance shall be delivered to the city clerk prior to the issuance of a permit. The certificate of insurance shall list the City of Waterloo and its elected and appointed officials, officers, employees, and agents as named additional insureds on a primary and non-contributory basis, including a waiver of subrogation in favor of city, against any liabilities that may arise in connection with the operation of the sidewalk cafe. B. Apart from and separate from any insurance required under this section, the permit holder shall agree in writing to indemnify, defend, and hold the City of Waterloo and its assignees and employees harmless from all losses, damages, injuries, claims, demands, and expenses in a manner resulting from or arising out of the permitted operation of the sidewalk cafe. 3-4G-10: LITTER: The permittee shall be responsible for keeping the sidewalk cafe area free of trash or litter, and collecting and removing daily all garbage, litter, and other debris in its immediate vicinity. 3-4G-11: RESTRICTIONS ON SMOKING AND ALCOHOLIC BEVERAGES: Permittees shall enforce the following prohibitions or restrictions: 1. Smoking tobacco or using an electronic smoking device at a sidewalk cafe is prohibited. 2. Alcoholic beverages may be served at sidewalk cafes pursuant to a valid liquor control license, and in accordance with state and local alcoholic beverage control laws, provided the following requirements are met: a. Patron entrance to and egress from the sidewalk cafe shall be controlled by staff of the establishment, who shall monitor the sidewalk cafe during times alcoholic beverages are being sold or consumed, and b. No alcoholic beverages may be sold or served to patrons seated on the sidewalk cafe later than 11:00 p.m. No person shall consume alcoholic beverages on the sidewalk cafe after 11:00 p.m. c. No person shall be permitted to consume any alcoholic beverages on the sidewalk cafe that were not purchased on the premises, and 3 Page 292 of 295 Final to Council 9-13-2023 d. The permittee shall ensure that no person loiters in the clear path of pedestrian travel. Patrons may be in possession of an alcoholic beverage in the clear path of pedestrian travel only for the purpose of moving to the sidewalk cafe from the establishment or vice versa. 3-4G-12: SIDEWALK CAFE REGULATIONS FOR OPERATION AND CONSTRUCTION: A. City departments listed in Section 3-4G-6(D) shall have the authority to develop policies and standard requirements for sidewalk cafe design and construction in addition to regulations listed in this Section or this Code, which shall be subject to approval by city council resolution. B. The following regulations for operation and construction shall apply to all sidewalk cafes: 1. Date and Time of Operation: A sidewalk cafe may only operate from April 1 to November 1. Sidewalk cafes shall not operate or allow patrons to congregate in the sidewalk cafe between the hours of 11:00 p.m. and 6:00 a.m. daily. If a sidewalk cafe is not in operation for the entire permit period, the annual permit fee shall not be prorated or refunded. 2. Location: All sidewalk cafes may be located on public right-of-way in the Central Business District. Such area must be immediately adjacent and attached to the establishment of which it is a part and provide a minimum of (5) feet of public right-of- way available for pedestrian traffic. 3. Perimeter: Sidewalk Cafes shall be aesthetically separated on three sides. This separation does not need to be of solid material but must provide an aesthetically pleasing separation from surrounding uses as determined by the city and Main Street Design Review Board. No portion of any object placed within the sidewalk cafe boundary shall extend onto the adjacent pedestrian sidewalk, without first obtaining approval from the city. 4. Accessibility: The permittee shall have continuing obligation of compliance with the Americans with Disabilities Act, as the same may be amended from time to time. Sidewalk cafes shall be accessible from the permitted premises to which it is attached and shall not obstruct pedestrian accessibility on the public sidewalk around the sidewalk cafe. 5. Occupancy: Sidewalk cafe occupancy shall be determined by the fire marshal, in accordance with the International Fire Code. 6. Lighting: A Sidewalk Cafe shall be adequately lighted by use of non -obtrusive lighting, which shall not be directed toward any residential use or the public street. 7. Amplified Sound Equipment: Amplified sound equipment may be permitted in accordance with the city noise ordinance. 8. Inspections: The city may inspect sidewalk cafes at least once per year outside of the application process at the same time inspection of the adjacent permitted establishment occurs. The city may, at its discretion, inspect a sidewalk cafe at any other time as deemed necessary to ensure compliance with city ordinances. Sidewalk Cafes shall comply with appropriate building, housing, and fire codes and with all other applicable state and city statutes. 9. Design Changes: Any change to the perimeter of the sidewalk cafe during the duration of the permit is subject to the approval of city departments and Main Street Design Review Board. 10. Damage to Public Property: Permittee shall be required to replace or mitigate entirely at permittee's expense, any damage to the public right-of-way, including existing trees, plantings, etc., resulting from construction, installation, placement, operation, maintenance or removal of the sidewalk cafe. If the permittee fails to make such repairs when directed by the city, the city may make the repairs and the cost thereof shall be assessed against the adjacent property. 4 Page 293 of 295 Final to Council 9-13-2023 11. Maintenance: Tables, chairs, umbrellas and any objects accessory to the sidewalk cafe shall be maintained in a clean and attractive appearance, shall be in good state of repair at all times and shall be maintained in accordance with the approved maintenance plan. The sidewalk cafe shall be maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basis during the day, and again at the close of each business day in compliance with the approved maintenance plan. 12. Table, Chair, and Umbrella Materials: Awnings, umbrellas and other decorative material accessory to the sidewalk cafe shall be fire retardant, pressure treated or manufactured of fire resistive material. Tables, seating, umbrellas and any other items accessory to the sidewalk cafe shall be of a quality design and lasting materials, and workmanship both to ensure the safety and convenience of the users and to be compatible with the uses in the immediate vicinity of the sidewalk cafe. 3-4G-13: APPEAL: A decision by the city clerk to deny, suspend, or revoke a permit shall be issued by written notice delivered by regular mail or electronic mail. A person may appeal a decision of the city clerk to deny, suspend, or revoke a permit by filing a written appeal to the office of the city clerk within fourteen (14) days of the date of the decision. An administrative fee of fifty dollars ($50.00) shall be paid at the time the appeal is filed. Failure to timely file the appeal and pay the administrative fee shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final. If the written appeal and administrative fee are filed in conformance with this section, a hearing shall be scheduled and conducted pursuant to 3-4G-14(B). 3-4G-14: DENIAL, SUSPENSION, OR REVOCATION OF PERMIT: A. Any permit applied for or issued under the provisions of this Article may be denied, suspended, or revoked by the city clerk as follows: 1. Violation of any provision of this Article, any other section of this Code, or otherwise conducting business in an unlawful manner. 2. Fraud, misrepresentation, or false statements made in securing a permit and made in the course of the applicant's business. 3. Failure to cooperate with reasonable requests of any official of the city. 4. Failure of any permittee to maintain the appropriate insurance, or county, state, and federal licenses and permits, during the term of the permit. 5. Failure to pay on time any fee owed to the city. 6. Creating a public safety nuisance pursuant to Title 5, Chapter 5 of this code. 7. Failing to pass an inspection or remedy inspection violations in a timely manner B. Once a timely written appeal and administrative fee have been received at the office of the city clerk, the city clerk shall cause a notice to be sent by ordinary mail to the applicant or permittee at the address noted in the application. Said notice shall state that a hearing has been set before the city council not more than thirty (30) days from the date of the notice. The notice shall include the reason and grounds for the hearing, the date and time of the hearing, and the place where the hearing will be conducted. Upon such hearing, if the city council determines grounds do exist, it may uphold suspending revoking, or denying a permit. C. Suspension: A suspension shall be for a minimum period of fourteen (14) calendar days. The suspension shall commence either after the appeal period has expired or the day immediately following the date of the hearing before city council, at which time the permittee shall immediately cease operation on the sidewalk cafe. During the suspension, the permittee shall not conduct any business on the sidewalk cafe. D. Revocation: The revocation shall commence either after the appeal period has expired or the day immediately following the date of the hearing before city council, at which time the 5 Page 294 of 295 Final to Council 9-13-2023 permittee shall immediately cease operation on the sidewalk cafe. If the permittee files an appeal, such sidewalk cafe may remain in operation through the appeal process. If the permittee loses the appeal, the permittee shall at its own expense, remove the sidewalk cafe within five (5) calendar days of the date of the denial of the appeal. In the event such permit is revoked, no sidewalk cafe permit shall be issued to the permittee for one (1) subsequent sidewalk cafe season following the revocation. E. Liquor License: In the event of revocation, the city clerk shall notify the Iowa Alcoholic Beverages Division. The permit holder may appeal the revocation to the Iowa Alcoholic Beverages Division Hearing board, pursuant to Section 123.32, Code of Iowa, or any other applicable code section. Revocation or suspension of authorization by the city of operation of a sidewalk cafe shall not affect the licensing of the principal establishment, unless separate action to suspend or revoke that license or permit is also initiated by the City Council. 3-4G-15: REMOVAL OF SIDEWALK CAFE: The city reserves the right to require a sidewalk cafe to temporarily suspend or cease operation or remove the sidewalk cafe for an emergency or any other reason so that the city may access public right of way. The cost to remove and clean up a sidewalk cafe shall be at the permittee's expense. In the event of city infrastructure causes damage to the sidewalk cafe, the city shall not be liable for such damage. Sidewalk cafes shall be removed within five (5) business days of the expiration of the permit. If the permittee fails to remove the sidewalk cafe when directed by the city or within fourteen (14) days after the expiration of the permit, the city may remove the sidewalk cafe and the cost thereof shall be assessed against the adjacent property. 3-4G-16: PENALTY: Any person or establishment that violates any of the provisions of this Article shall be guilty of a municipal infraction and fined as provided in subsection 1-3-2 of this Code. 3-4G-17: SEVERABILITY: If any provision or clause of this Article or its application to any person or establishment in any circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Article, which can be given effect without the invalid provision, or application, and to this end, the provisions of this Article shall be severable. 3-4G-17: EFFECTIVE DATE: This Article shall be in full force and effect on January 1, 2024. 6 Page 295 of 295