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HomeMy WebLinkAboutCouncil Packet - 12/4/2023CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA Regular Session TO BE HELD AT Harold E. Getty Council Chambers Monday, December 4, 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 464 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, Dave Boesen, At -Large Council Member. Approval of Agenda, as proposed or amended. Approval of Minutes of November 20, 2023 as proposed or amended. Page 2 of 464 PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the award of hotel/motel tax grant to the Iowa Mission of Mercy Dental Clinic in the amount of $3,000.00. 3. 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. 4. Resolution approving the request by David Strong, for tax exemptions on the construction of a new twin home unit valued at $349,906.00, for property located at 3377 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). 5. Resolution approving the pre -construction request by Prairie Rapids Square II, LLC, for tax exemptions on the construction of a new 48-unit multifamily residence building, for property located east of 3121 Kimball Avenue and located in the City Limits Urban Revitalization Area (CLURA). 6. Resolution amending date of bid opening to December 14, 2023, in conjunction with the FY 2024 Titus (Midland) pump Station and Force Main Project, Contract No. 975. 7. Resolution setting date of public hearing as December 18, 2023, to approve a request by Castle Storage Waterloo No. One, to rezone approximately 5.87 acres from "A-1" Agricultural District and "R-2,C-Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District, to allow for outside storage at 2551 Logan Avenue, and instruct the City Clerk to publish notice. 8. Resolution setting date of public hearing as December 18, 2023, to approve a request by the City of Waterloo to vacate an existing 50-foot sanitary sewer easement, generally located at and north of 3301 Greyhound Drive, and instruct the City Clerk to publish notice. 9. Resolution setting date of public hearing as December 18, 2023, to approve a request by the City of Waterloo to vacate approximately 1,613 square feet of city -owned alley right- of-way in the "M-1" Light Industrial District located adjacent to 54 Lane Street, and Page 3 of 464 instruct the City Clerk to publish notice. 10. Resolution setting date of public hearing as December 18, 2023, for the sale and conveyance of city -owned property located south of 99 Mosley Street, to Leon V. Mosley and Rhonda M. Hodges Mosley, in the amount of $300.00, and instruct the City Clerk to publish notice. 11. Resolution approving award of bid to B & B Lawn Care, Inc., of Waterloo, in the amount of $19.46 per lot/occurrence, approving the contract and certificate of insurance in conjunction with the 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract for city -owned lots generally acquired through Iowa Code 657A, authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution Number 2023-729. 12. Resolution approving award of bid to Cedar Valley Renovations, LLC, of Waterloo, Iowa, in the amount of $21,832.00, approving the contract and certificate of insurance, in conjunction with the construction of a one -stall garage at 232 Ricker Street, and authorizing the Mayor and City Clerk to execute said documents. 13. Motion to approve Final Quantity Summary with Aspro, Inc., of Waterloo, Iowa, for a net increase of $109,285.50, in conjunction with the FY 2023 Asphalt Overlay Program, Contract No. 1073, and authorizing the Mayor to execute said document. 14. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $3,292,809.48, in conjunction with the FY 2023 Asphalt Overlay Program, Contract No. 1073, and receive and file a two-year maintenance bond. 15. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of $48,142.00, in conjunction with the FY 2024 Levee Rip Rap Spraying, Contract No. 1083. 16. Resolution approving Completion of Project and Recommendation of Acceptance of Work, and release of retainage in the amount of $209,361.48 for work performed by Langman Construction, Inc., of Rock Island, Illinois, in conjunction with the US Highway 63 Sanitary Sewer Upgrades, Phase 1 Project, Contract No. 1037, receive and file a two- year maintenance bond, and authorizing the Mayor to execute said documents. 17. Resolution approving Completion of Project and Acceptance of Work for work performed by Ward Diesel Filter Systems, in the amount of $22,104.00, in conjunction with the Waterloo Regional Airport ARFF Vehicle Exhaust Project, FAA AIP 3-19-0094-055, AECOM Project No. 60675091, and authorizing the Airport Director to execute said documents. 18. Resolution approving a Request for Proposals for the FY2024 Fiber Optic Network Asset Management Project, Contract 1098. 19. Motion approving Change Order No. 4 with Woodruff Construction of Waterloo, Iowa, for a total decrease of $241,226.80 in conjunction with the FY 2023 Gates Park Improvements Project, Contract No. 1076, and authorizing the Mayor to execute said Page 4 of 464 document. 20. Motion approving Change Order No. 1 with Rosemont Companies, LLC, of Waterloo, Iowa, in the amount of $15,000.00, in conjunction with the Community Development excavation of old foundation, 230 Gable Street. 21. Motion to approve the appointment of Dustin Knight from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective date December 18, 2023, subject to pre -employment physical and drug testing. 22. Motion to approve the appointment of Chawne Paige to the position of Director of Culture and Arts in the Culture and Arts Department, effective December 6, 2023. 23. Christopher Schmitz Board/Commission: Board of Adjustments Expiration Date: February 2, 2025 New -partial 24. Communication from the Library Department on the notice of the conclusion of employment of Endya Johnson, Library Assistant, effective October 25, 2023 with recommendation of approval of payout of $4,140.05 for unused benefits. 25. Communication from the Fire Department on the notice of the conclusion of employment of Kurt Graven, Fire Engineer, effective November 14, 2023 with recommendation of approval of payout of $30,278.51 for unused benefits. 26. Board of Adjustment meeting minutes of September 26, 2023. 27. Complete Streets Advisory Committee minutes of September 26, 2023. 28. Leisure Services Commission Board minutes of October 10, 2023. PUBLIC HEARINGS 1. Request by the City of Waterloo on behalf of H&A, LC, to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street. 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 and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo on behalf of H&A, LC, to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 2. Request by Prairie Rapids II, LLC, for a Site Plan Amendment to construct a 48- unit multi -family residence building in the "S-1" Shopping Center District located Page 5 of 464 east of 3121 Kimball Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Prairie Rapids II, LLC, for a Site Plan Amendment to construct a 48-unit multi -family residence building in the "S-1" Shopping Center District located east of 3121 Kimball Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 3. FY 2024 Fiber Optic Outside Plant (OSP) Construction, Economic Development Administration (EDA) Award Number 05-79-06185, Contract No. 1086. 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 and refer to City Engineer for further review. Submitted by: Jamie Knutson, City Engineer RESOLUTIONS 1. Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,014,000.00 Sewer Revenue Capital Loan Notes, Series 2023C, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes, approval of the Tax Exemption Certificate, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Bridgett Wood, Finance Director 2. Resolution approving the amendment to the Development Agreement with Prairie Rapids II, LLC, to include the CLURA partial tax exemption schedule, located near the southeast corner of Kimball Avenue and Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 3. Resolution accepting a Public Sidewalk Easement from the Waterloo Community School District to allow for the placement of a public sidewalk along West 6th Street on school - owned property, directly adjacent to 1115 West 5th Street (Irving Elementary School). Submitted by: Noel Anderson, Community Planning and Development Director Page 6 of 464 4. Resolution approving a second amendment to a Real Estate Purchase Agreement with A -Line Ventures, for the purchase of 200 East Mullan Avenue, to amend the closing date to on or before December 21, 2023. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving a Real Estate Purchase Agreement with Cedar Valley Tech Works, Inc., and approving a deed to sell real property to the City of Waterloo in the amount of $2,460.00, located northwest of 25 West Commercial Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving a Real Estate Purchase Agreement with Cedar Valley Tech Works, Inc., and approving a deed to sell real property to the City of Waterloo in the amount of $59,880.00, located southwest of 25 West Commercial Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director ORDINANCES 1. An Ordinance approving a request by Schott's Trucking, LLC, for a rezone of approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W. Airline Highway. Motion to receive, file, consider, and pass for the second time an Ordinance approving a request by Schott's Trucking, LLC, for a rezone of approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W. Airline Highway. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the Ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 2. An ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road. Motion to receive, file, consider, and pass for the second time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Page 7 of 464 November 20, 2023 The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, November 20, 2023. Roll Call. Mayor Quentin Hart in the Chair. Roll call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Grieder and Mr. Feuss. Absent: Mr. Chiles and Ms. Wilder. Prayer or Moment of Silence. Pledge of Allegiance, Belinda Creighton -Smith, Ward 4 Council member. Approval of Agenda as proposed or amended. Feuss/Grieder that the agenda, as amended, to include award of bid to Public Hearing Item No. 2, be approved. Voice vote -Ayes: Five. Motion carried. Approval of Minutes of November 6, 2023, as proposed or amended. Feuss/Grieder that the minutes for the November 6, 2023, Regular Session, be approved. Voice vote -Ayes: Five. Motion carried. Proclamation declaring November 25, 2023 as Small Business Saturday. PUBLIC COMMENTS Aaron Stacey Roberts, 411 Almond Street, shared ongoing concerns he has about past crimes. Dave Grimm, 3560 W. Donald Street, Chair of the Operations Committee for the Memorial Hall Commission, shared that the Memorial Hall Commission has concerns regarding parking. He asked that council consider the request to reopen the parking ramp access door, implement a token system at the parking ramp for patrons of the Memorial Hall, and approve their request to change Courbat Court to a one-way street from W. 4th to W. 5th. He shared that they have been working with the city for several months, which includes a traffic study, but no further action has been taken. They requested that the city include these changes in the Veterans Way project. Jim Lentfer, 810 Creston Ave., and Memorial Hall Commission member, shared his concern about a lack of handicap parking, lack of access to the parking ramp, and asked that a dumpster be moved. He stated that the messy grass and dumpster creates an eye -sore for visitors to the Memorial Hall and the brick walkway. He shared that there is no handicap Page 1 of 16 Page 9 of 464 parking even though the building has been renovated for handicap accessability. He requested the city move the dumpster thirty-five feet and concrete the grassy area next to it to allow for handicap parking. Randy Miller, 4408 Reflection Lane and Memorial Hall Commission member since 1997, shared some history of the building and reiterated that they have been working with the Mayor and city staff on some of the issues that have been discussed. He shared his hope of getting a mural put up as part of Veterans Way and has spoken with Mayor and Chawn Paige at the Center for Cultural Arts. Mayor Hart commented that he had conversations with Greg Ahlhelm, Building Official, about the process. He shared that Councilwoman Belinda Creighton -Smith has been a great advocate, working with the commissioners. He stated that his hope is that by next spring, the council will support making some creative solutions to help deal with the issues brought forth. Mary Potter, Grout Museum Representative, shared some talking points on how to talk to legislators regarding House File 718, which will impact levies for the library and museum. Mayor Hart commented that our local legislators are in support of keeping the levy separate. Jessica Rucker, Main Street Waterloo, shared that if anyone purchased a veteran banner, they are now available to be picked up at the Main Street Waterloo office. Larry Stumme, 1008 Lois Lane, thanked council persons Creighton -Smith and Chiles for working with both he and Mr. Blackwell in their quest to bring a voice to those affected by the abandoned and deteriorating buildings. He expressed his disappointment with the city's pattern of delayed negligence of deteriorating and dangerous properties on the north side of Waterloo. Michael Blackwell, Cedar Falls, shared the many things he is thankful for each day. Mr. Grieder shared that he will have a constituent forum on November 27 at 6:00 p.m. Feuss/Grieder to close public comments. Voice vote -Ayes: Five. Motion carried. CONSENT AGENDA Feuss/Nichols that the following items on the consent agenda be received and placed on file including the payment of bills for November 13, 2023, in the amount of $1,476,603.62, and November 20, 2023, in the amount of $4,108,737.20. Roll Call vote -Ayes: Five. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2023-708. Resolution approving the City of Waterloo Annual Financial Report for the Fiscal Year ended June 30, 2023, authorizing publication of the report, submission to the State of Iowa, and execution of the document by the Mayor and Finance Director. Page 2 of 16 Page 10 of 464 Resolution adopted and upon approval by Mayor assigned No. 2023-709. 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. Resolution adopted and upon approval by Mayor assigned No. 2023-710. Resolution approving the request of Jeffry Sales for a waiver for a concrete driveway, located at 133 Martin Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2023-711. Resolution approving the request of Shahid Hadayat for a waiver for an asphalt driveway, located at 2027 Falls Avenue, with the elimination of the sidewalk section for asphalt driveways. Resolution adopted and upon approval by Mayor assigned No. 2023-712. Resolution approving the request of Mike Elliott for a waiver for a concrete driveway, located at 5311 Blue Bonnet Drive, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2023-713. Resolution approving the request of Jose Galvez for a waiver for a concrete driveway, located at 419 S. Hackett Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2023-714. Resolution approving the request by Jenny L. Garcia, for tax exemptions on the construction of a new single family home valued at $544,000.00, for property located at 1845 Red Tail Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-715. Resolution approving the request by Stevan Krickovic, for tax exemptions on the construction of a new single family home valued at $305,000.00, for property located at 105 Coral Drive and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2023-716. Resolution approving the request by Monesha Jordan, for tax exemptions on the construction of a new addition to a single family home valued at $22,000.00, for property located at 229 Halstead Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2023-717. Resolution setting date of public hearing as December 4, 2023, to approve a request by the City of Waterloo on behalf of H&A, LC, to rezone approximately sixty acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-718. Page 3 of 16 Page 11 of 464 Resolution setting date of public hearing as December 4, 2023, to approve a request by Prairie Rapids II, LLC, for a Site Plan Amendment to construct a 48-unit multi -family residence building in the "S-1" Shopping Center District located east of 3121 Kimball Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-719. Resolution approving Grant Amendment No. 3, to FAA Grant No. 3-19-0094-0046-2020 for final funding as needed for the completion of various Airport projects, for a total project amount of $5,162,135.00, and authorizing the Mayor and City Attorney to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-720. Resolution approving award of bid to Cell Site Solutions, LLC, of Cedar Rapids, Iowa, in the amount of $54,950.00, approving the contract, bonds, and certificate of insurance, in conjunction with the FY2024 3221 Ansbrorough Avenue Fiber Hut, Contract No. 1096, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2023-721. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Woodruff Construction, Inc., of Waterloo, Iowa, in the amount of $3,000.00, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids Modifications Project, Contract No. 994, and receive and file a two-year Maintenance Bond. Resolution adopted and upon approval by Mayor assigned No. 2023-722. Motion approving Change Order No. 13 with Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $357,858.35, in conjunction with FY 2020 University Avenue Reconstruction Phase 3 Project, Contract No. 971, and authorizing the Mayor and City Clerk to execute said document. Motion approving Change Order No. 2 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $54,451.32, in conjunction with FY 2022 Park Avenue Bridge Replacement Project, Contract No. 1013, DOT Contract No. BRM-CHBP-8155(771)--NB-07, and authorizing the Mayor and City Clerk to execute said document. Resolution approving Completion of Project, Recommendation of Acceptance of work, and Release of Retainage in the amount of $7,250.00, for work performed by Bowker Mechanical Contractors, of Cedar Rapids, Iowa, in conjunction with the Waterloo Center for the Arts Youth Pavillion Phase 2 Boiler Replacement Project. Resolution adopted and upon approval by Mayor assigned No. 2023-723. Resolution approving the submission of a public service grant application from Firehouse Subs in the amount of $35,000.00, for tech rescue and extrication equipment. Resolution adopted and upon approval by Mayor assigned No. 2023-724 Communication from the Street Department on notice of the conclusion of employment of Page 4 of 16 Page 12 of 464 Steven Gipe, Equipment Operator I, effective October 27, 2023 with recommendation of approval of payout of $7,330.18 for unused benefits. Motion approving an Exception to Burning Yard Waste Application by George Wyth State Park, to burn locations within the park located generally at 3659 Wyth Road, between November 15, 2023 and May 2024, weather permitting. Motion to approve a Cigarette/Tobacco/Nicotine/Vapor Permit Application for Greenleaf Tobacco & Vape, 1608 University Avenue. Motion to receive and file recommendations from the Safe Neighborhoods Commission. Liquor Licenses a. M&J Caribbean Restaurant, 926 La Porte Rd., Class C Alcohol w/Sunday Sales (New ) Exp: 11/5/2024. b. Starbecks Smokehouse, 250 Westfield Ave., Suite 101, Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (New) Exp: 9/14/2024. c. Aldi #33, 1918 Schukei Rd, Class B Alcohol w/Sunday Sales (Renewal) Exp: 11 /1 /2024. d. Golf Headquarters, 1850 W. Ridgeway Ave., Suite 1, Class B Alcohol w/Sunday Sales (Renewal) Exp: 12/30/2023. e. Hy-Vee Fast and Fresh #2, 2221 Logan Ave., Class B Alcohol w/Sunday Sales (Renewal) Exp: 1/2/2025. f. Locker Room Lounge, 1918 Hawthorne Ave., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 12/31/2024. g. Neighborhood Mart, 2100 Lafayette St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/14/2024. PUBLIC HEARINGS Issuance of not to exceed $1,014,000.00 Sewer Revenue Capital Loan Notes. Grieder/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Page 5 of 16 Page 13 of 464 Grieder/Nichols to close the hearing. Voice vote -Ayes: Five. Motion carried. Grieder/Nichols Resolution Instituting Proceedings to Take Additional Action for the Issuance of not to exceed $1,014,000.00 Sewer Revenue Capital Loan Notes. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-725. Waterloo Center for the Arts Chiller Replacement Project. Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Aye: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Feuss/Nichols to close the hearing. Voice vote -Aye: Five. Motion carried. Feuss/Nichols Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-726. Feuss/Nichols to receive, file, and instruct the City Clerk to read the bids. Voice vote -Aye: Five. Motion carried. Engineering Estimate: $312,000.00 Reliable 1 Heating/AC/Plumbing, Cedar Falls, IA - 5% - $310,200 Young Plumbing & Heating Co., Waterloo, IA - 5% - $249,300 Plumb Tech, Inc., Waterloo, IA - 5% - $236,950 Bowker Mechanical Contractors, LLC, Cedar Rapids, IA - 5% - $256,000 Feuss/Nichols Resolution approving award of bid to Plumb Tech, Inc., of Waterloo, Iowa in the amount of $236,950.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Waterloo Center for the Arts Chiller Replacement Project, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-727. 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract for city -owned lots generally acquired through Iowa Code 657A. Nichols/Feuss to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Page 6 of 16 Page 14 of 464 Nichols/Feuss to close the hearing. Voice vote -Ayes: Five. Motion carried. Nichols/Feuss Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-728. Nichols/Feuss to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Five. Motion carried. Estimate: $28.48 per lot/occurrence B & B Lawn Care, Waterloo, IA - 5% - $19.46 per lot/occurrence Nichols/Feuss Resolution awarding bid to B & B Lawn Care, Inc., of Waterloo, in the amount of $19.40 per lot/occurrence, approving the contract and certificate of insurance in conjunction with the 2023- 2025 Residential/Miscellaneous Areas Snow Removal Contract for city -owned lots generally acquired through Iowa Code 657A, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-729. Request by Schott's Trucking, LLC, to rezone approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W. Airline Highway. Grieder/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Grieder/Nichols to close hearing and receive and file recommendations of approval of the Planning, Programming, and Zoning Commission. Voice vote -Ayes: Five. Motion carried. Grieder/Nichols to receive, file, consider, and pass for the first time an ordinance approving a request by Schott's Trucking, LLC, for a rezone of approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W. Airline Highway. Roll Call vote -Ayes: Five. Motion carried. Grieder/Nichols to suspend the rules. Roll Call vote -Ayes: Five. Motion failed. Grieder/Nichols to consider and pass for the third time and adopt the ordinance. Roll Call vote -Ayes: Five. Motion failed. Page 7 of 16 Page 15 of 464 Amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Forest Dillavou, 1725 Huntington Road, expressed his concern with items 5 through 13 as this will change these areas from redevelopment land to urban renewal. This is not good for the taxpayers of Waterloo as they are non -ending TIFs and the taxpayers need relief. Wayne Natham, 548 Cloverdale, supports the words spoken by Mr. Dillavou. Feuss/Boesen to close the hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety, or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-730. Mr. Boesen requested clarification on the comments provided by Forest Dillavou. Noel Anderson, Community Planning and Development Director, explained that all the plans are underneath the urban renewal portion of the state code, so we are not changing the designations from what they were before. The ones noted as slum and blight do not have a specific end time, but the rest of them are on a 20-year schedule. Mr. Boesen requested that next year, staff provide council with an opportunity to review and discuss urban renewal and redevelopment plans in advance. Noel Anderson confirmed. Amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen Page 8 of 16 Page 16 of 464 Motion to close hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-731. Amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-732. Amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Page 9 of 16 Page 17 of 464 Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-733. Amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2023-734. Amendment to the San Marnan Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-735. Amendment to the Schoitz Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. Page 10 of 16 Page 18 of 464 This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-736. Amendment to the University Avenue Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-737. Amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Five. Motion carried. Page 11 of 16 Page 19 of 464 Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-738. Request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road. Boesen/Nchols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Nichols to close the hearing and receive and file the recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Five. Motion carried. Boesen/Nichols to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road. Roll Call vote -Ayes: Five. Motion carried. Boesen/Nichos to suspend the rules. Roll Call vote -Ayes: Five. Motion failed. Boesen/Nichols to consider and pass for the second and third times and adopt the ordinance. Roll Call vote - Ayes: Five. Motion failed. RESOLUTIONS Resolution approving a three-year software contract with Polco, in the amount of $40,000.00, for the purpose of community engagement for budget simulation, CIP prioritization, and taxpayer receipt, and authorizing the Finance Director to execute said document. Nichols/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-739. Resolution approving Amendment No. 1 to the Professional Services Agreement with INVISION Architecture, LLC, of Waterloo, Iowa, originally executed on June 20, 2022, in the amount of $78,000.00, in conjunction with the FY 2024 Brynes Aquatic Center Project Agreement, and Page 12 of 16 Page 20 of 464 authorizing the Mayor to execute said document. Nichols/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-740. Resolution approving a Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in conjunction with construction -related services for the FY 2024 Byrnes Aquatic Center Project, Contract No. 177, and authorizing the Mayor to execute said documents. Nichols/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-741. Resolution approving Supplemental Agreement No. 5, to a Professional Services Agreement originally executed November 7, 2016, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $145,000.00, in conjunction with the FY 2020 University Avenue Reconstruction -Phase 3 Project, (Midway Avenue to US 63), Contract No. 971, and authorizing the Mayor to execute said document. Grieder/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-742. Resolution approving a Professional Services Agreement with AECOM of Waterloo, Iowa, in the amount of $63,900.00, in conjunction with the FY 2024 CIPP Sanitary Sewer Improvements Project, and authorizing the Mayor to execute said document. Grieder/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-743. Resolution approving a Development and Minimum Assessment Agreement with The Martin Flats, LLC, for the rehabilitation of 319 E. 4th Street into commercial and residential space, including a grant of $199,000.00, plus rebates for fifteen years at seventy percent, with a minimum assessed value of $993,060.00 upon completion, and authorizing the Mayor and City Clerk to execute said document. Grieder/Boesen Mr. Boesen commented that it is important to realize that it is not on the full $993,060, it is above the original assessed value of the tax rebates. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-744. Resolution approving electronic submission of the Tax Increment Finance (TIF) reports to the State of Iowa for Fiscal Year 2023. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor Page 13 of 16 Page 21 of 464 assigned No. 2023-745. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 East Unified Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-746. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Schoitz Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-747. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 University Avenue Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-748. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Crossroads Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-749. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Downtown Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-750. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Northeast Industrial Park Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-751. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Martin Road Waterloo Tax Increment District, and place the certification on file. Page 14 of 16 Page 22 of 464 Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-752. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 San Marnan Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-753. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Rath Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-754. Resolution approving Amendment No. 1 to the Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, originally executed June 28, 2023, in the amount of $96,100.00, in conjunction with the Waterloo Convention Center Restroom Renovation Project, and authorizing the Mayor to execute said document. Feuss/Grieder Roll Call vote -Ayes: Five.Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-755. Resolution approving a request by NADROJ Realty, LLC, for a Minor Site Plan Amendment to change a previously approved site plan to now allow for the construction of a 46,080 square foot commercial building in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive. Feuss/Grieder Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-756. Resolution approving the assignment of rebates to Self -Help Federal Credit Union in conjunction with a development agreement with Central Property Holdings, LLC, originally approved August 7, 2017 for property located at 221 Franklin Street. Feuss/Grieder Mr. Boesen questioned if we have ever done this for anyone else. Noel Anderson, Community Planning and Development Director, explained that they have done different assignment of rebates for financial purposes about four or five times before. He offered to find those projects and get them to Mr. Boesen. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor Page 15 of 16 Page 23 of 464 assigned No. 2023-757. ADJOURNMENT Feuss/Grieder that the meeting adjourn at 6:22p.m. Voice vote -Ayes: Five. Motion carried. Kelley Felchle City Clerk Page 16 of 16 Page 24 of 464 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department December 4, 2023 AGENDA ITEM TITLE Resolution approving the award of hotel/motel tax grant to the Iowa Mission of Mercy Dental Clinic in the amount of $3,000.00. 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. Hotel -Motel Tax Grant - Iowa Mission of Mercy Dental Clinic Page 25 of 464 City of Waterloo Hotel -Motel Tax Grant Payment Authorization Name of Organization: Waterloo Convention Center FEIN: 42-6005327 Payee Name for Check (if different): Mailing Address: 200 W 4th St., Waterloo, Iowa 50701 Grant Award Amount: 3,000 Grant Award Year: FY 2024 Project completion form received? YES X Approved Check Amount: 3,000 Dates of Event: Dec 13-15, 2023 NO Date received: 11/11/23 If no, please explain: Notes: This was for the IMOM (Iowa Mission of Mercy) event 11/13/23 Date Page 26 of 464 Tavis Hall From: Admin Sent: Saturday, November 11, 2023 7:51 PM To: Tavis Hall Subject: New submission from Grant Completion/Evaluation Name of Organization Waterloo Convention Center/City of Waterloo Organization FEIN 42-6005327 Name of Project/Event Iowa Mission of Mercy Dental Clinic Date/Hours of Event December 13-15, 2023 Grant Amount $3,000 Year of Grant Award 2023 Contact Person Brendon Wagner Check Payable To: Waterloo Convention Center Address Where Check Should Be Mailed 200 W 4th St Waterloo, IA 50701 United States Map It What was the total attendance at your event? 2252 Of those, how many were from outside of Black Hawk County? Around 50% Specifically, how did the event measure attendance? Patient registrations How many hotel rooms were used in Waterloo for this project/event? Unknown- but there were a number of volunteers from out of town who stayed in hotels Name of Hotel(s) Best Western, Courtyard, others Number of rooms used at each Unknown exactly as there were no specific room blocks How were the hotel totals determined? 1 Page 27 of 464 Through discussions with volunteers we learned that a number were from out of town and were staying in local hotels. How did the eventlproject have a positive impact on Waterloo? IMOM is an annual free dental clinic where dental professionals, dental manufacturers, community businesses, and community members donate labor and materials to provide zero cost dental services to anyone who requests services, without regard to ability or inability to pay. This event rotates around the state, and has not been to Waterloo in some time. They were able to provide services to over 2,000 individuals over the course of 2 days. What aspects of this event were new or innovative? Community involvement to provide services to community members who were in need of it. What marketing was done (and where) to promote the eventlproject? Word of mouth, and extensive outreach and PR efforts by the Iowa Dental Foundation, participating dental providers, and community groups. Do you consider your project a success? Why? Yes, there was a goal of serving 2,000 people, and 2,252 were actually served. Community involvement made this event a rousing success to the point that the organizers said a number of times this was the best experience they had in a community in many years. If a profit was made, how will those proceeds from the event be used? No profit was made, the grant funds are to help offset the basic costs of the Convention Center to host the event. 2 Page 28 of 464 Waterloo Convention 1111n Center Experience Waterloo 500 Jefferson St. Waterloo, IA 50701 Iowa Missions of Mercy (6452) Department Summary Operations Experience Waterloo Invoice - IMOM $3,000.00 Order Description Operations Event Default Function (10/12/2023 07:00 AM - 10/14/2023 07:00 PM) 3657 Venue Rental Grant Involce Summary Account: Amount Due: 00001675 $3,000.00 Start -End: Thu 10/12/2023 07:00 AM - Sat 10/14/2023 07:00 PM Tax Units 1.00 EA Rate $3,000.00 / EA Total Services: Total Services: Total Taxes: & Fees Total Charges: Total Payments: Total Amount Due: Charges $3,000.00 $3,000.00 $3,000.00 $0.00 $3,000.00 $0.00 $3,000.00 All catered events are subject to a 22% Management Charge. The entirety of this Management Charge is the sole property of the food/beverage service company or the venue owner/operator, as applicable, is used to cover that party's costs and expenses in connection with the catered event and the administration of the event (excluding employee tips, gratuities, and wages), and is not charged in lieu of a tip or gratuity. The Management Charge is not a tip or gratuity, nor is it purported to be a tip or gratuity, for any employee who provides service to guests (e.g., wait staff employee, service employee, service bartender, and the like), and no part of the Management Charge will be distributed (as a tip, gratuity, or otherwise) to any employee who provides service to guests. Page 29 of 464 Experience Waterloo Invoice - IMOM Iowa Missions of Mercy (6452) Start -End: Thu 10/12/2023 07:00 AM - Sat 10/14/2023 07:00 PM Page 30 of 464 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department December 4, 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 12.4.23 Page 31 of 464 Exhibit A - Council Date: 12/4/2023 PARCEL NUMBER ADDRESS SEWER STORM GARBAGE WATER 1 891219381019 100 Highland $58.58 $14.85 $68.48 $35.65 2 891336458008 1928 Plymouth $20.71 $5.25 $19.54 $12.61 Page 32 of 464 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 December 4, 2023 AGENDA ITEM TITLE Resolution approving the request by David Strong, for tax exemptions on the construction of a new twin home unit valued at $349,906.00, for property located at 3377 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lincolnshire Addition Lot 13 Page 33 of 464 ATTACHMENTS 1. CLURA 3377 Lincolnshire Rd Form 2. CLURA 3377 Lincolnshire Rd Map Page 34 of 464 of WArF Or � o to •tvl� For Office Use Only Date Received: Received by: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property fax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the 15t working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: ADDRESS: ?;.Z)77 1 f 11(0 fe. TELEPHONE: 6 ' 257 ] 6 A. What is the Address of the property being improved? SIGNATURE: EMAIL: DATE: S377 Li m4 11 Ce Rd ,7 rim What is the Legal Description of the property? (May be available at County Recorder's Office on 2" d floor of the Courthouse) L1 Vl(ol ifukie Md l fr) Id- - 13 B. Indicate desired exemption schedule: (1 or 2) 1. X One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. b. c. First Year 80% Second Year 70% Third Year 60% d. Fourth Year e. Fifth Year f. Sixth Year 50% 40% 40% C. What was the nature o the im rovement s ? Me (C Y F nyt 4-rX.) i n h o t ye D. City of Waterloo Building and Inspections Department Information: Permit Number: Gig S` 5513 Date permit was issued: [ I J i E. What was the cost of the new construction? Dicl, q0 6 g. Seventh Year 30% h. Eighth Year 30% i. Ninth Year 20% j. Tenth Year 20% Total permit(s) valuation: AU( l7 of F. Estimated or actual date of completion of this new construction? l (1 17 /(3 Page 35 of 464 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 36 of 464 3377 Lincolnshire Rd Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 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 December 4, 2023 AGENDA ITEM TITLE Resolution approving the pre -construction request by Prairie Rapids Square II, LLC, for tax exemptions on the construction of a new 48-unit multifamily residence building, for property located east of 3121 Kimball Avenue and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. The application is a pre -construction application. Therefore, the project has not been completed. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 38 of 464 Parcel "D" of Plat of Survey Doc. #2009-06842, a part of the Northwest Fractional Quarter of Section 3, Township 88 North, Range 13 West of the 5th P.M., Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. CLURA Prairie Rapids II Form 2. CLURA Prairie Rapids II Map Page 39 of 464 For Office Use ,Only Date Received: 5 Received by: (,'3 Staffto make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria; 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the 1" working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application maybe filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of duly 18, 2011 do not qualify. NAME: Prairie Rapids Square II LLC SIGNATURE: ADDRESS: 211 151 Ave. E Cedar Rapids IA 52401 EMAIL: TELEPHONE: 319-363-3900 DATE: darrylh@highdevelopment.com 10/30/23 A. What is the Address oldie property being improved? new plat with address to be assigend by City. What is the Legal Description of the property? (May be available at County Recorder's Office on 2" floor of the Courthouse) Parcel D in the DOC 7009-00A847 elev. as NW FRI QTR of Stir. 3 T 88 E. Indicate desired exemption schedule: (1 or 2) 1. 0 One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. 0 A partial exemption on the actual value added by improvements according to the following schedule: a. First Year ------ ---80% d. Fourth Year 50% g. Seventh Year 30% b. Second Year-----70% e. Fifth Year -40% h. Eighth Year-------30% c. Third Year---------60% f, Sixth Year--------40% i. Ninth Year- ---- ----20% j. Tenth Year------- 20% C. What was the nature afire improvement(s)? Construction of 48 1 bedroom apartments in 1 structure. Ort D. City of Waterloo Building and Inspections Department information: Pre, - Col s-4 l �V i? - t Permit Number: Date permit was issued: Total permit(s) valuation: E. What was the cost of the new construction? F. Estimated or actual date of completion of this new construction? Page 40 of 464 [-CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 41 of 464 3121 Kimball Avenue W. PARK' LN - Note: Base map data source i Black Hawk County. This map does not repre ent a survey, no liability is assumed for the accur cy of the data delineated herein, either expressed or impli d by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo ma es no warranty, express or implied, as to the accura y of the information shown on this map, and expres y disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded eeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information 0 37.5 75 150 225 Fee Project Location 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 December 4, 2023 AGENDA ITEM TITLE Resolution amending date of bid opening to December 14, 2023, in conjunction with the FY 2024 Titus (Midland) pump Station and Force Main Project, Contract No. 975. RECOMMENDED COUNCIL ACTION Approve amendment of date change for FY2024 Titus (Midland) Pump Station and Force Main Project Contract No 975 SUMMARY STATEMENT AND BACKGROUND INFORMATION The bid opening was set for December 7, 2023, along with a public hearing date for December 18, 2023. We would like to reset the bid opening date to December 14, 2023, and keep the public hearing set for December 18, 2023. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 43 of 464 ATTACHMENTS None Page 44 of 464 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 December 4, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as December 18, 2023, to approve a request by Castle Storage Waterloo No. One, to rezone approximately 5.87 acres from "A-1" Agricultural District and "R- 2,C-Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District, to allow for outside storage at 2551 Logan Avenue, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone approximately 5.87 acres from "A-1" Agricultural District and "R- 2,C-Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District. The eastern portion of the project was rezoned from "A-1" Agricultural District to "R-2,C-Z" Conditional Zoning District by Zoning Ordinance 4217 on January 13, 1997. At that time there was a list of conditions put on the property. One of those conditions was there would be no outside storage on the site. In 2015 the applicant made an application for a Site Plan Amendment to remove that condition. The change was recommended for approval by the Planning, Programming, and Zoning Commission. At that time, a letter of conditions needed to be signed by the applicant but never was, so the request was never forwarded to the City Council for approval, but the outside storage area was established, including on a portion of the property zoned "A-1" Agricultural District. Parking requirements for storage facilities should include 1 parking stall per two employees, and the site appears to meet the parking requirement. Hard surfacing will be required to the doors of the storage units along with driveways and parking lots. Other areas for campers, trailers, etc., also have to be hard surfaced, but the staff recommends allowing the use of other materials; however, must be maintained to a dust -free surfacing such as seal coat or recycled asphalt. With the rezoning, the previous conditions would no longer be in effect, as many of the previous conditions no longer apply; however, those that do still apply have been added as conditions to this rezone and additional conditions are being recommended by staff. The Planning Programming and Zoning Commission voted 7-0 to recommend approval of the request at their November 14, 2023 meeting. NEIGHBORHOOD IMPACT Page 45 of 464 The request would not appear to have a negative impact on the surrounding neighborhood as the storage facility has been located there since 1997. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission, which voted 7-0 to recommend approval at their November 14, 2023 meeting and notices were sent to property owners within 250 feet. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION UNPLATTED WATERLOO EAST S 10 A SE NE EXC S 125.5 FT & EXC HWY SEC 11 T 89 R 13 ATTACHMENTS 1. Staff Report - 2551 Logan Avenue 2. 2551 Logan Avenue - Al and R2CZ to C2CZ - Rezone Al to M2P - Overview Map 3. 2551 Logan Avenue - Al and R2CZ to C2CZ - Aerial Map 4. Conditions of Zoning 5. Application Page 46 of 464 November 14, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: DEVELOPMENT HISTORY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by Castle Storage Waterloo No. One to rezone approximately 5.87 acres from "A-1" Agricultural District and "R-2,C- Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District to allow for outside storage at 2551 Logan Avenue. Castle Storage Waterloo No. One (Larry P. Corkery), 2551 Logan Avenue, Wateloo, Iowa 50703 The applicant is requesting to rezone the property in question from "A-1" Agricultural District and "R-2,C-Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District to allow for outside storage. The request would not appear to have a negative impact on the surrounding neighborhood as the storage facility has been located there since 1997. The request does not appear to have a negative impact on nearby properties or land uses. The site will be accessed from Logan Avenue, which is a Principal Arterial. The nearest trail is the Donald Street trail, located 0.55 miles to the south. There are no sidewalks in the area. The surrounding residential development occurred between 1920 and 2000 and commercial development between 1995 and 2012. A portion of the area is question is currently zoned "A-1" Agricultural District and has been zoned as such since adoption of Zoning Ordinance No. 2479 in 1969. A portion of the area in question is zoned "R-2,C-Z" since being rezoned from "A-1" Agricultural District with adoption of Zoning Ordiance 4217 on January 13, 1997. Surrounding land uses and their zoning are as follows: North — Agricultural and residential zoned "A-1" Agricultural District and "R-2" One and Two Family Residence District. South — Agricultural, residence, and commercial zoned "A-1" Agricultural District, "R-3" Multiple Residence District, and "C-2" Commercial District. East — Logan Avenue/US Highway 63, agricultural land, and residences zoned "A-1" Agricultural District and "R-1" One and Two Family Residence District. West — Agricultural and vacant land zoned "A-1" Agricultural District and "R-3" Multiple Residence District. 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 1 of 6 Page 47 of 464 November 14, 2023 BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: There is no screening required in relation to this request, but a condition of approval requires solid fencing or chain link fencing with slats of the parking area and storage areas to screen the area from view. A drainage plan may be required by the Engineering Department. No portion of the property is located in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0187F, dated July 18, 2011. Lincoln High School is 1.72 miles to the southwest, George Washington Carver Academy is located 0.922 miles to the south, and East High School is 2.32 miles to the south. There is a 10" sanitary sewer line located in Logan Avenue. There is overhead utility lines located along Logan Avenue. 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 2 of 6 Page 48 of 464 November 14, 2023 Picture 1: Castle Storage Picture 2: Existing duplex on site with northern unit being used as an office. 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 3of6 Page 49 of 464 November 14, 2023 Picture 3: Office PURSE DO NOT LITTER Picture 4: Looking toward the back (west) side of he lot. 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 4 of 6 Page 50 of 464 November 14, 2023 RELATIONSHIP TO The Future Land Use Map designates this property as Commercial. COMPREHENSIVE The proposed use is in conformance with the Future Land Use Map LAND USE PLAN: for this area. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan, approved on August 21, 2023. STAFF ANALYSIS The applicant is requesting to rezone approximately 5.87 acres from ZONING "A-1" Agricultural District and "R-2,C-Z" Conditional Zoning District to ORDINANCE: "C-2,C-Z" Conditional Zoning District. The eastern portion of the project was rezoned from "A-1" Agricultural District to "R-2,C-Z" Conditional Zoning District by Zoning Ordinance 4217 on January 13, 1997. At that time there was a list of conditions put on the property. One of those conditions was there would be no outside storage on the site. In 2015 the applicant made an application for a Site Plan Amendment to remove that condition. The change was recommended for approval by the Planning, Programming, and Zoning Commission. At that time, a letter of conditions needed to be signed by the applicant but never was, so the request was never forwarded to the City Council for approval, but the outside storage area was established, including on a portion of the property zoned "A-1" Agricultural District. Parking requirements for storage facilities should include 1 parking stall per two employees, and the site appears to meet the parking requirement. Hard surfacing will be required to the doors of the storage units along with driveways and parking lots. Other areas for campers, trailers, etc., also have to be hard surfaced, but the staff recommends allowing the use of other materials; however, must be maintained to a dust -free surfacing such as seal coat or recycled asphalt. With the rezoning, the previous conditions would no longer be in effect, as many of the previous conditions no longer apply; however, those that do still apply have been added as conditions to this rezone and additional conditions are being recommended by staff. The Planning Programming and Zoning Commission voted 7-0 to recommend approval of the request at their November 14, 2023 meeting. There is no platting in relation to this request. STAFF ANALYSIS SUBDIVISION ORDINANCE: 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 5 of 6 Page 51 of 464 November 14, 2023 TECHNICAL Knutson noted the Engineering Department will need a formal site REVIEW plan and drainage plan before the request is forwarded to City COMMITTEE: Council. The first notice of violation from the Engineering Department was sent to the applicant in August of 2021 and no issues have been solved since the first letter. Schroeder asked if there is detention for the additions, to which Knutson stated there is no detention on site and no plan has been submitted for detention. STAFF Therefore, staff recommends that the request by Castle Storage RECOMMENDATION Waterloo No. One to rezone approximately 5.87 acres from "A-1" Agricultural District and "R-2,C-Z" Conditional Zoning District to "C- 2,C-Z" Conditional Zoning District to allow for outside storage at 2551 Logan Avenue, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area 3. The zoning is consistent with the Future Land Use Map for the area. With the following conditions: 1. That a minimum of a 6' tall buffer is provided to screen the parking area and storage areas from adjoining properties to the north and south and the buffer shall consist of a solid fence or chain link fence with slats. 2. Outside storage is only allowed within the areas west and south of the westerly two existing storage buildings. 3. Hard surfacing will be required to the doors of the storage units along with driveways and parking lots. Other areas for campers, trailers, etc., can be of other material; however, they must be maintained to a dust -free surfacing, such as seal coat or recycled asphalt. 4. A formal site plan and drainage plan be submitted to the Engineering Department and executed. 5. The site may be used for any use permitted in the "C-2" Commercial District except that no Alcohol Sales or Adult Entertainment will be allowed at the site. 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 6 of 6 Page 52 of 464 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 .1 2551 Logan Avenue Rezone from "A-1" & "R-2,C-Z" to "C- 2,C-Z" Castle Storage Waterloo No. One Pnnr 5'2 n£.4F4. City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 '`,STCROIXDR' 2551 Logan Avenue RALSTON RD 2551 Logan Avenue Rezone from "A-1" & "R-2,C-Z" to "C- 2,C-Z" Castle Storage Waterloo No. One V91730 gg abed Prepared By and Return To: Aric A. Schroeder, City of Waterloo. 715 Mulberry Street, Waterloo, IA 50703 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS, the owners of property in the City of Waterloo currently zoned "A-1" Agricultural District and "R- 2,C-Z" Conditional Zoning District requested to be zoned "C-2, C-Z" Conditional Commercial District, generally located at 2551 Logan Avenue, and legally described as (hereinafter "Property"): UNPLATTED WATERLOO EAST S10ASENEEXCS125..SFT& EXCHWYSEC 11 T89R 13 HEREBY agree to the following conditions on the above -described Property: 1. No less than 6' high solid screening of the parking area and storage areas from adjoining properties to the north and south, consisting of a solid fence or chain link fence with slats to screen the area from view. 2. Outside storage is only allowed within the areas west and south of the westerly two existing storage buildings. 3. Hard surfacing will be required to the doors of the storage units along with driveways and parking lots. Other areas for campers, trailers, etc., can be of other material; however, they must be maintained to a dust -free surfacing, such as seal coat or recycled asphalt. 4. A formal site plan and drainage plan be submitted to the Engineering Department and executed. 5. The site may be used for any use permitted in the "C-2" Commercial District, except that no Alcohol Sales or Adult Entertainment will be allowed at the site. NOW THEREFORE, it is agreed by the owners that any proposed change in the use or conditions of the Property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission for its recommendation to the City Council who will review and approve the proposed change to the above -described Property. These conditions have been placed on the above -described Property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant, I (we) herein declare that the conditions shall govern the entire Property as described above, which restrictions shall run with the land and be binding on the successors, heirs and assigns, and herein agree: 1) that these conditions shall not prohibit the division or subdivision of said Property in compliance with the City of Waterloo Zoning Ordinance No. 5079 as amended and the City of Waterloo Subdivision Ordinance No. 2997 as amended, however each subdivided part thereof shall be subject to the terms of these conditions, 2) that none of these conditions shall be rescinded or altered without the approval dale City Council of the City of Waterloo as outlined above. It is further understood that these conditions shall not be deemed a limitation or repeal of any other conditions, restrictions, or covenants placed on the above -described Property. 0 licant age Waterloo Corkery, Owner Agreed to this day of iIiUJ , 2023 On this aQ day of NioVeVyl}Nr, 2023, before me, the undersigned, a Notary Public in and for the State of SOW , personally appeared L ,ti-f,,S a-k to me known to be the identical person(s) named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and dee SEAL Page 1 of 1 EMILY SELIGA Commission Number 849716 My Commission Expires July 27, 2026 Conditions of Zoning — 2551 Logan Avenue APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name -- Business Name if Applicable (please print Sowa.366 t(1 esaiaer Win , eM/t 6'�j l" 4 Address: '5/ Lap, 4� Phone: S / 9 39..oco Fax: City: 1.aldCcru State: 4-� Zip: 509-03 Email: b. Status of applicant: (a) Owner L. (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: Lc- J AA5 b. Legalescription of property to be rezoned: V N 1902 7�'� l/' Jfi"7+e („<.)G 7 $ i C7 Sr G S 12 5, 5 7, $ 4- L`k c ilLuv c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zo ' g Boundary (Excluding Right of Way): e. Current zoning: K� , (- 0--1 Requested zoning: C— at G- 2 f. Reason(s) for rezoning and proposed use(s) of property: O0l S �d - g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same 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 Commissi. • and the Waterloo City Council in making the' recision. The undersigned authori = City Zoning Offic'. t r the property in que ' in in gards test. it a9 gratur= of Applicant Date wner Da e Page 56 of 464 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 December 4, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as December 18, 2023, to approve a request by the City of Waterloo to vacate an existing 50-foot sanitary sewer easement, generally located at and north of 3301 Greyhound Drive, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to vacate a 50' sanitary sewer easement located on and north of the property of the Love's Travel Center. The sanitary sewer line that was located in the easement was relocated along Titan Trail in conjunction with the construction of the Love's Travel Center. The request originally came before the Planning, Programming, and Zoning Commission back on December 1, 2015. However, the request was never forwarded to City Council due to changes in the originally planned vacate area. The Planning, Programming, and Zoning Commission voted 7-0 to recommend approval of the request at their November 14, 2023 meeting. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The item was presented to the Planning, Programming, and Zoning Commission on November 14, 2024 who voted 7-0 to recommend approval of the request. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 57 of 464 LEGAL DESCRIPTION That portion of a Sanitary Sewer Easement labeled as Easement Exhibit B in document number 2010-21260 in the Black Hawk County Recorder's Office and located in the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4), Section Six (6), Township Eight -eight (88) North, Range Thirteen (13) West of the 5th PM, now being within Lots 1 and 3, Greenbelt Centre Plat No. 7, City of Waterloo, Black Hawk County, State of Iowa, being described as follows: Commencing at the Southwest Corner of the Northwest Quarter of the Southeast Quarter of said Section Six; thence North 89°24'48" East 268.10 feet along the south line of the said Quarter Quarter to the easterly right-of-way line of Greyhound Drive and the southwest corner of said Lot 1, Greenbelt Centre Plat No. 7; thence northwesterly 261.95 feet along said right-of-way line along a curve with radius of 576.62 feet concave easterly and a long chord bearing North 13°26'27" West 259.70 feet; thence North 00°28'30" West 139.00 feet along said right-of-way line to a northwesterly corner of said Sanitary Sewer Easement Exhibit B; thence North 89°34'26" East 30.00 feet along a north line of said Easement Exhibit B to the point of beginning of this description; thence continuing North 89°34'26" East along said north line 261.31 feet; thence North 35°13'06" East 729.46 feet to the north line of said Lot 3, Greenbelt Centre Plat No. 7; thence North 89°29'00" East along said north line 61.60 feet; thence South 35°13'06" West 791.09 feet; thence South 89°34'26" West 286.95 feet; thence North 00°28'30" West 50.00 feet along a line parallel with and 30 feet normally distant from the said east right-of-way line of Greyhound Drive to the point of beginning containing 51,718 square feet (1.19 acres). ATTACHMENTS 1. 50' San Sewer easement vacate Staff Report 2. At and north of 3301 Greyhound Drive - easement Vacate - Overview Map 3. At and north of 3301 Greyhound Drive - easement vacate - aerial map 4. Greenbelt 7th Sewer Easement Vacate_DRAFT 5. Application Page 58 of 464 November 14, 2023 REQUEST: Request by the City of Waterloo to vacate an existing 50' sanitary sewer easement, generally located at and north of 3301 Greyhound Drive. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is proposing to vacate a 50' sanitary sewer easement DESCRIPTION: located on the current Love's facility as the sewer line has been relocated and the easement is no longer needed. The request does not appear to have a negative impact on the neighborhood or surrounding land use as the existing utilities and easement have been relocated. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on vehicular PEDESTRIAN TRAFFIC and pedestrian traffic movements in the area. CONDITIONS: RELATIONSHIP TO The Sergeant Road Trail is adjacent to the east of the property in RECREATIONAL TRAIL question. PLAN: RELATIONSHIP TO COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The request would appear to be in conformance with the Complete Streets policy. The site in question is zoned "B-P" Business Park District and has been since the adoption of the zoning ordinance 4899 on March 3, 2008. The surrounding properties zoning and uses as follows: North: "B-P" Business Park District- Vacant properties and commercial properties. East: "M-1" Light Industrial District- Highway 63 and commercial businesses South: "M-1" Light Industrial District- Highway 63 & Highway 20 West: "B-P" Business Park District- Greyhound Drive and vacant land. DEVELOPMENT Commercial development has been taking place for the past 15 years. HISTORY: BUFFERS/ There would not be any screening requirements for this request. SCREENING REQUIRED: DRAINAGE: There will be no effect on drainage with this request. FLOODPLAIN: The property is located within the 100-year special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 284F, dated July 18, 2011. The vacate will have no effect on the floodplain. PUBLIC /OPEN There are no parks or open spaces located within the immediate SPACES/ SCHOOLS: vicinity of the area. 12.1.15 sanitary easement vacate Deer Creek Development Page 59 of 464 November 14, 2023 Picture 1: Looking south from Titan Trail at the vacate area. Picture 2: Southern location of vacate area just north of Love's Travel Center main building. 12.1.15 sanitary easement vacate Deer Creek Development Page 60 of 464 November 14, 2023 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: There are 12" sanitary sewer lines in Titan Trail and Greyhound Drive. There are also three 48" storm sewer lines located to the east of the Love's property. Overhead power lines are located along the Sargeant Road trail to the east of the property in question. The Future Land Use Map (August 21, 2023) designates this site as Business Park: Professional Offices, Commercial with Compatible Light Industrial. The request would be in conformance with the goals and policies of the Comprehensive Plan. Also, the request would be in conformance with the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The applicant is requesting to vacate a 50' sanitary sewer easement located on and north of the property of the Love's Travel Center. The sanitary sewer line that was located in the easement was relocated along Titan Trail in conjunction with the construction of the Love's Travel Center. The request originally came before the Planning, Programming, and Zoning Commission back on December 1, 2015. However, the request was never forwarded to City Council due to changes in the originally planned vacate area. The Planning, Programming, and Zoning Commission voted 7-0 to recommend approval of the request at their November 14, 2023 meeting. There were no comments from the Technical Review Committee on this request. There is no platting in relation to this request. Therefore, staff recommends the request by the City of Waterloo to vacate an existing 50' sanitary sewer easement, generally located at and north of 3301 Greyhound Drive, be approved for the following reason(s): 1. The request would not appear to have a negative impact upon the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian or vehicular traffic conditions in the area 3. The easement and sanitary line has been relocated to a more appropriate area. 12.1.15 sanitary easement vacate Deer Creek Development Page 61 of 464 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 At and North of 3301 Greyhound Drive Easement Vacate City of Waterloo Pnnr R9 of 4R4) City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 At and North of 3301 Greyhound Drive Sanitary Sewer Easement Vacate City of Waterloo I uyc Jv vI J T Index Legend Location Description: NW 1/4 SE 1/4, Sec. 6, T88N, R13W Lot 1 & 3, Greenbelt Centre Plat No. 7 City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: Loves Travel Stop & Country Store (Lot 1) & Prairie Legacy Ventures LLC (Lot 3) Surveyor: William W. Castle Surveyor Company & Return To: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Sanitary Sewer Easement Vacate NW 1/4 SE 1/4 Section 6, Township 88 North, Range 13 West, 5th PM Lots 1 and 3, Greenbelt Centre Plat No. 7 City of Waterloo, Black Hawk County, Iowa SANITARY SEWER EASEMENT VACATE DESCRIPTION: That portion of a Sanitary Sewer Easement labeled as Easement Exhibit B in document number 2010-21260 in the Black Hawk County Recorder's Office and located in the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4), Section Six (6), Township Eight -eight (88) North, Range Thirteen (13) West of the 5th PM, now being within Lots 1 and 3, Greenbelt Centre Plat No. 7, City of Waterloo, Black Hawk County, State of Iowa, being described as follows: Commencing at the Southwest Corner of the Northwest Quarter of the Southeast Quarter of said Section Six; thence North 89°24'48" East 268.10 feet along the south line of the said Quarter Quarter to the easterly right-of-way line of Greyhound Drive and the southwest corner of said Lot 1, Greenbelt Centre Plat No. 7; thence northwesterly 261.95 feet along said right-of-way line along a curve with radius of 576.62 feet concave easterly and a long chord bearing North 13°26'27" West 259.70 feet; thence North 00°28'30" West 139.00 feet along said right-of-way line to a northwesterly corner of said Sanitary Sewer Easement Exhibit B; thence North 89°34'26" East 30.00 feet along a north line of said Easement Exhibit B to the point of beginning of this description; thence continuing North 89°34'26" East along said north line 261.31 feet; thence North 35°13'06" East 729.46 feet to the north line of said Lot 3, Greenbelt Centre Plat No. 7; thence North 89°29'00" East along said north line 61.60 feet; thence South 35°13'06" West 791.09 feet; thence South 89°34'26" West 286.95 feet; thence North 00°28'30" West 50.00 feet along a line parallel with and 30 feet normally distant from the said east right-of-way line of Greyhound Drive to the point of beginning containing 51,718 square feet (1.19 acres). Survey Notes: 1. This exhibit and description have been created to vacate a portion of an existing 50' sanitary sewer easement that was noted to be vacated on the Greenbelt Centre Plat No. 7 final plat. 2. No field survey work conducted for this exhibit and easement vacation description. Dimensions and bearings shown are from the Greenbelt Centre Plat No. 7 final plat and a Sanitary Sewer Permanent Easement per Black Hawk County Recorder's Office Doc. No. 2010-21260. 3. All dimensions are in US Survey feet and decimals thereof. 4. Vacated easement area: 51,718 square feet (1.19 acres). I hereby and my direct certify the related personal that survey this surveying work supervision document was performed and was prepared by me or under that I am a duly licensed . P RE William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2023. Pages or sheets covered by this seal : City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 200' Field Work Date: Date Drawn:10-20-2023 Sheet No. 1 of 2 f egc C4e4C4 William W. Castle, PLS City of Waterloo Engineering Department 715 Mulberry St, Waterloo, IA 50703 (319) 291-4312 GREYHOUND DRIVE 30' SANITARY SEWER EASEMENT PER EXHIBIT "C" DOC. #2010-21260 760.67' & S 00°28'30" E & L2 L3 30' SANITARY SEWER EASEMENT PER EXHIBIT "B" DOC. #2010-21260 Sanitary Sewer Easement Vacate NW 1/4 SE 1/4 Section 6, Township 88 North, Range 13 West, 5th PM Lots 1 and 3, Greenbelt Centre Plat No. 7 City of Waterloo, Black Hawk County, Iowa GREENBELT CENTRE PLAT NO. 8 LOT8 50' SANITARY SEWER EASEMENT PER EXHIBIT "B" DOC. #2010-21260 TRACT 8 LOT9 (61.60') N 89°29'00" E & 692.39' & S 89°29'00" W & TITAN TRAIL 60' ROW 362.31' & S 89°29'00" W & LOT 2 GREENBELT CENTRE PLAT NO. 7 SANITARY SEWER EASEMENT TO BE VACATED POB (261.31') (N 89°34'26" E) N 89°31'18" E $ 291.11' S (291.31') \\\\\ \\\1 (286.95' S 89°34'26" W) 286.75' $ S 89°31'18" W $ LOT 1 C1 GREENBELT CENTRE PLAT NO. 7 327.49' & N 89°28'13" E & 268.10' N & 89°24'48" E& 268.70' N $ 89°27'09" E$ POC SW CORNER NW 1/4 SE 1/4 SEC. 6-88-14 boy 422 36' & S 89°29'00" W & — — (354.60') — 50' SANITARY SEWER EASEMENT PER EXHIBIT "B" DOC. #2010-21260 30' SANITARY SEWER EASEMENT PER EASE BK 4, PG. 928 Survey Notes: 1. This exhibit and description have been created to vacate a portion of an existing 50' sanitary sewer easement that was noted to be vacated on the Greenbelt Centre Plat No. 7 final plat. 2. No field survey work conducted for this exhibit and easement vacation description. Dimensions and bearings shown are from the Greenbelt Centre Plat No. 7 final plat and a Sanitary Sewer Permanent Easement per Black Hawk County Recorder's Office Doc. No. 2010-21260. 3. All dimensions are in US Survey feet and decimals thereof. 4. Vacated easement area: 51,718 square feet (1.19 acres). co co 48/ (6.16') N 89°29'00" E & 0 100 200 Scale: 1 inch = 200 feet Plat Legend: A Section corner monument & Per Greenbelt Centre Plat No. 7 $ Per Easement Doc. #2010-21260 123.45' Record Measurement (123.45') Field Measurement LINE TABLE LI NE LENGTH (SURVEY) LENGTH (RECORD) BEARING (SURVEY) BEARING (RECORD) L1 139.00' 139.00'S N 0°28'30" W& N 0°28'46" W S L2 30.00' 30.00' S N 89°34'26" E N 89°31'18" E S L3 50.00' N 0°28'30" W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD RECORD C1 261.95' & 572.62' & 26°01'44" & N 13°26'27" W & 259.70' & City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 200' Field Work Date: Date Drawn:10-20-2023 Sheet No. 2 of ugc (f of 4C' City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way ❑✓ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement El Sale of City -Owned Property Applicant: City of Waterloo Address: 715 Mulberry Street Email: noel.anderson@waterloo-ia.org General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Sanitary sewer easement on and north of 3301 Greyhound Drive. Legal description of area to be conveyed, vacated, or encroached: Phone No.: 319-291-4366 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 vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: e a site plan and/or aerial photo of the area to be vacated if the request involves as the reason for the request. /Or 3(,23 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 66 of 464 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 December 4, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as December 18, 2023, to approve a request by the City of Waterloo to vacate approximately 1,613 square feet of city -owned alley right-of-way in the "M-1" Light Industrial District located adjacent to 54 Lane Street, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to vacate an approximately 1,613 square foot alley located adjacent to 54 Lane Street. There are no known utilities within the vacate area. The area is not needed for city right-of-way. The vacate of the alley will help redevelopment efforts for the site at 54 Lane Street. The alley currently dead ends at the building located at 54 Lane Street and does not serve a purpose as public right-of-way. The City of Waterloo recently purchased the property and intends to redevelop the property. The Planning, Programming, and Zoning Commission unanimously recommended approval of the request at their regular meeting on November 14, 2023. NEIGHBORHOOD IMPACT The request to vacate would not appear to have a negative impact on vehicular traffic conditions in the area as the alley dead ends at the 54 Lane Street property and is not used for public right-of-way. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A Page 67 of 464 ALTERNATIVE ACTION LEGAL DESCRIPTION Description — alley vacate: That part of the 20 foot alley as platted in Block 14 of Lane and Fowlers Second Addition adjoining Lots 4, 5 6 and 7, except the East 40 feet thereof. ATTACHMENTS 1. Council Packet 2. Legal Alley Vacate adjacent to 54 Lane St Page 68 of 464 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: Request by the City of Waterloo to vacate approximately 1,613 square feet of city -owned alley right-of-way in the "M-1" Light Industrial District located adjacent to 54 Lane Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to vacate an approximate 20' x 80' (1,613 square foot) alley for the future redevelopment of the property at 54 Lane Street. The request to vacate would not appear to have a negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic conditions in the area as the alley dead ends at the 54 Lane Street property and is not used for public right-of-way. There are sidewalks along both sides of Lane Street and Lafayette Street. The Cedar Valley Lakes Trail is located approximately 0.20 miles to the south of the site in question. The site is zoned "M-1" Light Industrial District and has been zoned as such since it was rezoned from "M-2" Heavy Industrial District on April 22, 1991. Surrounding land uses and their zoning are as follows: North — Residences, zoned "M-1" Light Industrial District and "R-3" Multiple Residence District South — C&A Transport, zoned "M-1" Light Industrial District. East — Waterloo Women's Center for Change and Northeast Iowa Food Bank, zoned "M-2" Heavy Industrial District West — Vacant land, zoned "M-2" Heavy Industrial District The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. The area is composed of industrial and commercial buildings built in the early 1900's and the late 1900's to early 2000's. The residences in the area were built in the late 1800's and the early 1900's. The vacate area is located within Zone X "Protected by Levee" as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0188F, dated July 18, 2011. 48 Page 69 of 464 Picture 1: Looking from Lane Street at the alley to be vacated. Picture 2: Looking from Lane Street to alley to be vacated. PUBLIC /OPEN Highland Elementary School is located approximately 0.93 49 Page 70 of 464 SPACES/ SCHOOLS: miles to the east and East High School is 0.58 miles to the northwest. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Lafayette Park is located approximately 0.38 miles to the southeast of the area. An 8" sanitary sewer is located within Lafayette Street. There are no utilities located within the alley to be vacated. The Future Land Use Map designates this area as Industrial. The request would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to vacate an approximately 1,613 square foot alley located adjacent to 54 Lane Street. There are no known utilities within the vacate area. The area is not needed for city right-of-way. The vacate of the alley will help redevelopment efforts for the site at 54 Lane Street. The alley currently dead ends at the building located at 54 Lane Street and does not serve a purpose as public right-of- way. The City of Waterloo recently purchased the property and intends to redevelop the property. There were no comments from the Technical Review Committee in relation to this request. There is no platting in relation to this request. Therefore, staff recommends the request by the City of Waterloo to vacate approximately 1,613 square feet of city - owned alley right-of-way in the "M-1" Light Industrial District located adjacent to 54 Lane Street, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2 The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area as the alley dead ends at the 54 Lane Street property. 3 The area to be vacated is not needed for public right-of- way. 50 Page 71 of 464 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 11 Q-ALMOND ST 1 R-3 'RANT-AVE-Q—O z )LEAVITT ST-g I � Q R-3 it--cn�= WILLISTONAVE! -o — Q-BERTCH AVE R-2 7-14 LIME ST-) 1- O 0 0 FOREST AVE \1_14,'3 C-21C-Z R 3 VINE ST M-1 C-1 ALBANY•ST—C-11'�_C_Z pR z w 0 GLENWOOD ST z 1C-2� M-1 FOWLER ST R-2-; C-Z �Z4TFR ST -� VINE S II W -PROSPECT AVE- 1 MULBERRY ST - ARCHER AVE BUTLER AVE- z Z 0 ALTA•VISTAAVE- INDEPENDENCE AVE- [C11 MADISONIST— �MONROE ST- POLK ST- M1 O CC O 0 U FSy- DEARBORNAVE - 1 M-1 R- ` C-1 ,C-Z 1 EIGHMEY• STT R-2 Adjacent to 54 Lane Street ROW Vacate City of Waterloo 51 f]...... 77 ..F A ..y City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 Adjacent to 54 Lane Street ROW Vacate City of Waterloo 52 Pcigc 7'2 of 4 L 4- City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant (Business Name if Applicable: G Address: 7is mu1 , Oak(;`�A ��i()3 PhoneNo.: OIL!) i 1 3�Em 1' atl: General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Ia(3 ACIteliv4- Io a,-)4 Lang. c3i Legal description of area to be conveyed, vacated, or encroached: 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 ofProperty Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The folio . ' easement shall be retained: th ' lease prov a si e plan and/or aerial photo of the area to be vacated if the request involves 1 constr e reason for the request. Applica 'Print Name *Not required for easement vacates sidewalk vacates or Encroachment Agreements kpisQ.231) /6,2D,923 Date 53 Page 74 of 464 Description — alley vacate: That part of the 20 foot alley as platted in Block 14 of Lane and Fowlers Second Addition adjoining Lots 4, 5 6 and 7, except the East 40 feet thereof. Page 75 of 464 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 December 4, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as December 18, 2023, for the sale and conveyance of city - owned property located south of 99 Mosley Street, to Leon V. Mosley and Rhonda M. Hodges Mosley, in the amount of $300.00, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to set the date of public hearing as December 18, 2023, for the sale and conveyance of City property located south of 99 Mosley Street, in the amount of $300.00, to Leon V. Mosley and Rhonda M. Hodges Mosley, and instruct the City Clerk to publish notice. Leon and Rhonda Mosley submitted a letter to the city expressing their interest to purchase the land and combine it with their property they own at 99 Mosley Street. Currently, the city is mowing the property that fronts up to Ankeny Street and conveying the land would remove the costs of city maintenance and place the land on the tax rolls. The City acquired the property in March of 2013 through the state code 657A process, and since that time, no proposals have come forth to redevelop the land for new housing. There is an easement located on a portion of the property impacting its value, which is why staff is recommending accepting the offer of $300. Title of the property will be conveyed through a Quit Claim Deed. NEIGHBORHOOD IMPACT The request would not negatively impact the area and the applicant noted he would keep it clean and maintain it. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 76 of 464 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Mansons Fourth Addition, Lot 2, Block 2, Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Offer Letter to Purchase 2. Aerial Map Page 77 of 464 w•N%. A)•(\4 8413-- ]3-35--00 ),s3 Page 78 of 464 Page 79 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as December 18, 2023, on the proposal to acquire property (right-of-way, permanent easements, and temporary easement) for the La Porte Road Reconstruction Phase I Project generally located on La Porte Road between East Shaulis Road and just north of Bopp Street, and authorizing the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is looking to move forward with the reconstruction of La Porte Road between East Shaulis Road and just north of Bopp Street, which will include the need to acquire property from abutting property owners, including some right-of-way, permanent easements, and temporary easements. Most of the acquisition areas are just temporary easements, with the right-of-way acquisitions being small areas at a couple of street intersections. The project will include federal funding, and as a federal aid project, there are certain steps that have to be followed for the acquisition, including the holding of this public hearing, to which notice must be mailed to certain impacted property owners and notice must be published. Following the public hearing, the Council will then vote on whether to proceed with he project, to make final selection of the location, to authorize funding for the public improvement project, and determine that there is a reasonable expectation the city will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits. If approved, the City of Waterloo will offer to purchase said property and easements from the property owners for no less than the fair market value of said property interests, and if negotiations are unsuccessful then the City of Waterloo will acquire the property and easements in accordance with the condemnation procedures prescribed by Iowa Law. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 80 of 464 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Notice for publication 11-14-23 2. Notice Letter mailed 11-17-23 Page 81 of 464 NOTICE OF PUBLIC HEARING FOR PROPOSED PUBLIC IMPROVEMENT Notice is hereby given that on December 18, 2023 at 5:30 p.m. in the council chambers in city hall in the City of Waterloo, Iowa, a public hearing will be held on the proposal to acquire ownership to approximately 0.009 acres, to acquire permanent easements to approximately 0.114 acres, and to acquire temporary easements over approximately 1.909 acres for the La Porte Road Reconstruction Phase 1 Project. The subject properties are generally located on La Porte Road between East Shaulis Road and just north of Bopp Street. The City of Waterloo may acquire part or all of the above -described property interests by condemnation. Following public hearing as described herein, the City of Waterloo will vote on whether to proceed with the project, to make final selection of the location, to authorize funding for the public improvement project, and determine that there is a reasonable expectation the city will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits. If approved, the City of Waterloo shall offer to purchase said property and easements from the property owners for no less than the appraised value of said property interests, and if negotiations are unsuccessful then the City of Waterloo shall acquire the property and easements in accordance with the condemnation procedures prescribed by Iowa law. Questions about the project should be directed to Aric Schroeder, Community Planning and Development, 715 Mulberry Street, Waterloo, IA 50703, phone (319) 291-4366. Kelley Felchle City Clerk Page 82 of 464 CITY OF WATERLOO 715 Mulberry St, Waterloo, IA 50703 Planning & ZoningPhone: (319) 291-4366 CITYOFWATERLOOIOWA.COM November 17, 2023 RE: Notice of intent to commence a public improvement project to construct the La Porte Road Reconstruction Phase I project from East Shaulis Road to just north of Bopp Street and to acquire property for the project Dear Property Owner or Tenant, The City of Waterloo is proposing to commence a public improvement project, which includes the reconstruction of La Porte Road from East Shaulis Road to just north of Bopp Street, and will include acquisitions of right-of- way (fee title) as well as both a permanent and temporary easements. Properties acquired for the project will be used for roadway and utility right-of-way. A Public Hearing will be held by the City Council on Monday, December 18, 2023, in the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street If the above -described project is approved by the City Council, the City of Waterloo will be required to acquire property for the project improvement. Private property or portions of private property may have to be acquired for the project, and may be acquired by purchase or condemnation. The City of Waterloo will attempt to purchase the required property by good faith negotiations, but may condemn those properties, which it is unable to purchase. The proposed location of the above -described public improvement is shown on a conceptual drawing, which is available in the office of the Planning and Zoning Department at City Hall, 715 Mulberry Street, and is available for public inspection. The City Council will also approve a preliminary or final route or site location of the proposed public improvement, and make a finding that there is a reasonable expectation that the City will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits. Just as the law grants certain entities the right to acquire private property, you, as the owner of the property, have certain rights. Please see attached for a Statement of Rights. If you have any questions on this matter, please contact Aric Schroeder at the number and address listed above. Thank you for your time. Respectfully, Aric A. Schroeder, City Planner ge NOTICE OF PUBLIC HEARING FOR PROPOSED PUBLIC IMPROVEMENT Notice is hereby given that on December 18, 2023 at 5:30 p.m. in the council chambers in city hall in the City of Waterloo, Iowa, a public hearing will be held on the proposal to acquire ownership, to acquire permanent easements, and to acquire temporary easements for the La Porte Road Reconstruction Phase 1 Project. The subject properties are generally located on La Porte Road between East Shaulis Road and just north of Bopp Street. The City of Waterloo may acquire part or all of the above -described property interests by condemnation. Following public hearing as described herein, the City of Waterloo will vote on whether to proceed with the project, to make final selection of the location, to authorize funding for the public improvement project, and determine that there is a reasonable expectation the city will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits. If approved, the City of Waterloo shall offer to purchase said property and easements from the property owners for no less than the appraised value of said property interests, and if negotiations are unsuccessful then the City of Waterloo shall acquire the property and easements in accordance with the condemnation procedures prescribed by Iowa law. You are also advised that Iowa law provides you with certain rights with respect to acquisition of your property or any interest therein. If applicable, relocation benefits may also be available to you. A statement of these rights is enclosed with this notice. Questions about the project should be directed to Aric Schroeder, Community Planning and Development, 715 Mulberry Street, Waterloo, IA 50703, phone (319) 291-4366. Dated November 17, 2023 Kelley Felchle City Clerk Page 84 of 464 STATEMENT OF PROPERTY OWNER'S RIGHTS Just as the law grants certain entities the right to acquire private property, you as the owner of the property have certain rights. You have the right to: 1. Receive just compensation for the taking of property. (Iowa Constitution, Article I, section 18) 2. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code section 6B.45; Iowa Code section 6B.54) 3. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than ten days before being contacted by the acquiring agency's acquisition agent. (Iowa Code section 6B.45) 4. An opportunity to accompany at least one appraiser of the acquiring agency who appraises your property when an appraisal is required. (Iowa Code section 6B.54) 5. Participate in good -faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code section 6B.3) 6. A determination of just compensation by an impartial compensation commission and the right to appeal its award to the district court if you cannot agree on a purchase price with the acquiring agency. (Iowa Code section 6B.4; Iowa Code section 6B.7; Iowa Code section 6B.18) 7. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry. (Iowa Code section 6B.4A) 8. Payment of the agreed upon purchase price or, if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code section 6B.25; Iowa Code section 6B.26; Iowa Code section 6B.54(11)) 9. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code section 6B.33; Iowa Code section 6B.54(10)) 10. Reimbursement of certain litigation expenses: (a) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (b) if the award on appeal in court is more than the compensation commissioners' award. (Iowa Code section 6B.33) 11. At least 90 days' written notice to vacate occupied property. (Iowa Code section 6B.54(4)) 12. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of the payments. (Iowa Code section 316.9; Iowa Code section 6B.42) The rights set out in this statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. Page 85 of 464 BURBANK SARATR GA U BROOKERIDG SO HBROOKE DR FRONTAGE RD E TOWER PARK DR LINDNER DR LEONA AVE COLD BU RAVENWOOD RD N MARNAN DR FHWA STRUCTURE NUMBER 504355 PROJECT LOCATION OLESON LANGLEY RD RD DR SOUTHTOWN ¢ BEGIN CONSTRUCTION STA 134+46.50 NOT TO SCALE (ORANGE / l OLESON RD HOLSTEIN O`L ANGO, JERSEY LN SHAULIS R WINSTON PL ( WATERLOO CORPORATE LIMITS ATERLOO CORPORATE LL LOCATION MAP PARK DR E ORANGE RD END CONSTRUCTION STA 213+30.00 BELLE o CRESTRIDGE Meyers Lake OAK RIDGE�� AFTON DR VIOLET DR ( WATERLOO CORPORATE LIMITS ) ARTVS"- IC KELLAR RD FILE NO. ENGLISH DESIGN TEAM AECOM BLACKHAWK COUNTY PROJECT NUMBER STP-U-8155(775)--70-07 SHEET NUMBER A.2 4:39:17 PM 11/10/2023 Michael.Degen c:\pwworking\aecomds20_na_2019\michael.degen@aecom.corn\d0167776\A01LaPorte Road _(775&776).dgn Page 86 of 464 Property Owner Lost Island Water Park Inc. Lost Island Real Estate LC Bamboo Ridge Campground Inc. Prime RE LLC Hilltop Kennels LLC TD Properties LLC **Mail to: Daniel E Knipp Stevana M 0 Connor Dhani Mahaveer Inc Dilip Hotels LLC Gawaam Com LLC Debra m Hekel **Mail to: Debra M. Youngblut Shri Ganapati and Bajrangbali In Shri Gayatri Ma Inc Crossroad Ford LTD ** Mail to: SROA Capital Mutual Wheel Company Inc Mailing Address Line 1 4935 Young Rd, 4935 Young Rd 4935 Young Rd 2117 Falls Ave 1403 1/2 Wilson Ave SW 1360 Holstein PI 2203 LaPorte Rd 2343 Logan Ave 1580 Redwood Lane SW 2115 LaPorte Rd 7731 Dysart Rd 307 Winding Ridge Rd 404 9th Ave SW 2751 S Dixie Hwy Suite 450 2345 4th Ave Mailing Address Line 2 Waterloo IA 50701 Waterloo IA 50701 Waterloo IA 50701 Waterloo IA 50701 Cedar Rapids 52404 Waterloo IA 50701 Waterloo IA 50702 Waterloo IA 50703 Rochester MN 55902 Waterloo IA 50702 Waterloo IA 50701 Cedar Falls 50613 Waverly IA 50677 West Palm Beach FL 33405 Moline IL 61265 Page 87 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Resolution approving award of bid to B & B Lawn Care, Inc., of Waterloo, in the amount of $19.46 per lot/occurrence, approving the contract and certificate of insurance in conjunction with the 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract for city -owned lots generally acquired through Iowa Code 657A, authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution Number 2023-729. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo through its Dilapidated Housing Task force has acquired properties over the last several years using Iowa Code 657A. A majority of the properties where demolished, with some being sold with development agreement and rehabilitated, and some still awaiting to be demolished. Lots owned by the City of Waterloo must be maintained, including snow removal. This bid will select a snow removal contractor for the lots. There are approximately 190 lots with sidewalk that require snow removal. Staff is proposing a two season contract this year. The City Council held a hearing on this on 11/20/23 and awarded a bid to B & B Lawn Care, Inc., of Waterloo, in the amount of $19.40 per lot/occurrence. There was an error on the bid tab, and the actual bid was $19.46 per lot/occurrence, so the award of contract must be redone. NEIGHBORHOOD IMPACT The request will have a positive impact on neighborhoods by ensuring City owned lots with sidewalks are cleared of snow during snow events this winter. DATA, ANALYSIS, AND STRATEGIES Property Maintenance IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 88 of 464 Nuisance abatement ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 2023-2025 Planning and Zoning Snow Removal Contract signed by contractor 2. Bid Tabulation Snow removal on city -owned lots 3. 2023-2025 Planning and Zoning Snow Removal RFB 4. 2023-2025 Planning and Zoning Snow Removal RFB Notice 5. Master Snow Removal List Updated 10-16-23 Page 89 of 464 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract This Contract for Snow removal (the "Contract") is made and entered into on November 20, 2023, by and between the City of Waterloo, Iowa (the "City"), and B & B Lawn Care Inc. (the "Contractor"). The term of the Contract shall be from November 20. 2023 through April 19, 2025. 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications for $19.46 per property per occurrence, The Contractor has been provided the current list of properties requiring snow removal under this Contract, however the list of properties may fluctuate as the City acquires or sells properties. 2. The Contract Documents shall consist of the following: a) This Contract b) Request for Bid c) Notice of Hearing and Notice to Bidders d) Signed Response (Bid) from Contractor These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall govern. 3. The Contractor agrees to commence the work within twenty-four (24) hours after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a) Contractors will abide by ordinance section 7-1-2(B)(1). Contractors will not be permitted to transfer snow onto or across any city street or alley. In the event snow is transferred into the street, it shall be removed by the Contractor. b) In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the City. c) During snow removal the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal. In the event the ice is unable to be removed the Contractor will be required to Iay down sand, salt, or a mixture of both. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in perfonning the work contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. Page 90 of 464 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (21) days' advance written notice of termination, 1 i . Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing snow removal, the Contractor must notify the City of Waterloo at least two (2) weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States Post Office registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: Planning Department Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. Page 91 of 464 14. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth above and as provided in the Contract Documents. 19. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. during the term of this Contract. IN WITNESS WHEREOF, the parties have executed this Contract for Snow Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart - Mayor Attest: Kelly Felchle -City Clerk B & B LAWN CARE INC. thori zed Representative Page 92 of 464 2023-2025 SNOW REMOVAL ON CITY -OWNED LOTS Bid Tab: November 9, 2023 Estimate: $28.48 Per Lot/Occurrence Bidder Bid Security Total Bid Amount B&B Lawn Care, Inc. Waterloo, IA 5% check $19.40 Per Lot Area/Per Occurrence Page 93 of 464 CITY OF WATERLOO, IOWA Request for Bid 2023-2025 RESIDENTIAL/MISCELLANEOUS AREAS SNOW REMOVAL CONTRACT November 2023 City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 94 of 464 SECTION I — INSTRUCTION TO BIDDERS 1.0 EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Bid must be requested in writing via email, letter, or fax, and with sufficient time allowed for a reply to reach all bidders before submission of their bids. Any interpretation or changes made to the RFB will be in the form of an addendum of the Request for Bid and will be furnished to all prospective bidders. All prospective bidders will receive email notifications of any addendums by the Project Manager. All bidders must acknowledge in the space provided on the Bid Form acknowledgement of such addendums received by the Project Manager prior to the 1:00 p.m. bid deadline set for the opening of bids. Oral explanations or instructions given before the award of the contract will not be accepted. 1.1 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. Submit sealed bid to (address exactly as stated): SEALED RFB FOR 2023-2025 RESIDENTIAL/MISCELLANIOUS AREAS SNOW REMOVAL CONTRACT City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Bids should be mailed, overnight delivery, or in -person delivery (no electronic or fax submittals). 1.2 BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the snow removal work and will furnish the required certificate(s) of insurance, and in case the successful bidder shall fail or refuse to enter into the Contract, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 1.3 LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Bid and Notice of Public Hearing and Notice to Bidders after the exact time set for closing of bids (Thursday, November 9, 2023, at 1:00 p.m.) will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. 1.4 PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Bid and Notice of Public Hearing and Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. 1.5 EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Page 95 of 464 Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. 1.6 STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Planning and Zoning Department, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Planning and Zoning Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. 1.7 EXECUTION OF AGREEMENT AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the Contract Documents. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. C. The failure of the successful bidder to execute such agreement and to supply the required certificate(s) within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re - advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City of Waterloo for a refund. SECTION II — GENERAL CONDITIONS 2.0 DEFINITIONS Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Page 96 of 464 Owner or Local Public Agency (LPA) - means the Planning and Zoning Department of the City of Waterloo. Project Manager - means the City's representative from the Planning and Zoning Department, Aric Schroeder, City Planner/Project Manager. Email address: aric.schroeder(a,waterloo-ia.org Phone: 319-291-4366 2.1 SUPERINTENDENCE BY CONTRACTOR Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. 2.2 OTHER CONTRACTS The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Planning and Zoning Department/City of Waterloo. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. 2.3 FITTING AND CORRDINATION OF THE WORK The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. 2.4 CARE OF WORK The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Planning and Zoning Department. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. 2.5 OTHER GENERAL REQUIREMENTS The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. Contractor shall not disturb (damage) existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City Forester will determine the extent of protection necessary for the trees. 2.6 PERMITS AND CODES The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Page 97 of 464 2.7 LIABILITY INSURANCE The Contractor shall at all times during the term of the Agreement maintain in full force and effect, at its own expense, Employer's Liability, Worker's Compensation, Automobile, Public Liability and Property Damage Insurance, and other insurance as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary, non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Worker's Compensation Employer's Liability Bodily Injury Liability (Except automobile) Property Damage Liability (Except automobile) Automobile Bodily Injury Liability Excess Liability Automobile Property Damage Liability Minimum Limits of Liability Statutory $500,000 $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $5,000,000 $1,000,000 each occurrence SECTION III — SPECIAL TERMS AND CONDITIONS AND SERVICE REQUIREMENTS 3.0 TERM OF CONTRACT The initial term of the Contract shall be for two (2) snow seasons, with the first snow season being the five (5) month period, anticipated to be from November 20, 2023 to April 20, 2024, and the second snow season being the five (5) month period, anticipated to be from November 18, 2024 to April 19, 2025. A Contract, approved by the City Council and signed by the mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda, and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.1 TERMS OF PAYMENT Payment to the Contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of snow events 1" or more removed from properties that snow removal occurred during the previous month. A detailed bill of completed snow removal work must be received and approved by the Planning and Zoning Department located at 715 Mulberry St., Waterloo, Iowa before payments will be made. The billing shall include: • Property addresses and/or description of where work was performed • Number of times sidewalks were cleared at each property each month • When salt/sand is used the following shall be provided: o Pounds/tons used including rate per Tons/pounds o Property address(s) or general description(s) of where it was used o Number of applications applied per month 3.2 SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary for snow removal and application of sand/ice melt for approximately 190 Residential and miscellaneous lots/areas in accordance with bid specifications. See attached Exhibit "C" for the current list of properties. Assigned areas shall have snow removed each time there is a snow event of at least 1 inch, which shall be completed within 48 hours from the end of the snow event. The bid specs require Page 98 of 464 that the full width of the sidewalk be cleared along the full width of each property (lot) down to the pavement. A good - faith attempt will need to be made to clear down to the pavement. In the event that it is impossible, because of ice or other hazard, then sand or other abrasive material, (such as Ice Melt or another approved product) may be used so pedestrian traffic is safe. Only use sand/ice melt in amounts to make pedestrian traffic safe. Do not coat sidewalk with a large amount of sand. All work must comply with the City of Waterloo Codes & Ordinances or contractor shall return to the property and make the necessary correction without additional costs to the City. All bidders should know that the list of properties fluctuates as the city is continually acquiring and selling properties. Contractor or their designee must be reachable by phone Monday through Friday 8:00 a.m. to 5:00 p.m. during the term of the Contract. 3.3 SITE CLEAN-UP Prior to each snow removal the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the City. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by snowplow & snow removal operations. This includes adding soil and seeding damaged areas as needed. 3.4 DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the City. At no time shall any snow removal equipment come in contact with any privately owned tree or shrub during snow removal. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the City. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the City. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. 3.5 REQUIRED EQUIPMENT The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment listed on the Bid Form will be verified by the Planning and Zoning Department to determine whether it is adequate for this snow removal contract. A portfolio of existing or past contracts with letters of recommendations would be helpful in verifying the bidder's qualifications. Types of snow removal equipment required for this contract: Walk -behind snow blowers Riding snow blowers Pick-up truck and/or tractor with snow blade Salt & sand applicator Shovels SECTION IV — GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY — The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. Page 99 of 464 4. COLLUSIVE PROPOSAL — The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS — All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT — Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, the Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, employees and agents, from and against any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or company whatsoever, including the parties hereto and their employees, that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of the contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEPTANCE — The City reserves the right to reject any or all Bids. The City further reserves the right to waive technicalities and formalities in Bids, as well as to accept in whole or in part such Bid where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENTY/LANGUAGE — All bid prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All bids (responses) must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 30 days after acceptance and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated herein by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposers will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the contract in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign the contract or any monies to become due thereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY — The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognizes this and waives any claim against the City of Waterloo and any of its officials, officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officials, officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. Page 100 of 464 BIDDER: Project Manager: EXHIBIT "A" SIGNATURE PAGE 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract BID FORM COMPANY NAME ADDRESS: PROJECT MANAGER NAME PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of , or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed SNOW REMOVAL, in accordance with the contract documents and for the unit price in place for the following amount: Bid Price: Price per Lot/Area per occurrence for approximately 190 Properties Written Price Per Lot/Occurrence: dollars ($ 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. The Bidder is prepared to submit a financial and experience statement upon request. Page 101 of 464 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an Affirmative Action Plan or update and an Equal Opportunity Clause, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / 8. The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment list may be submitted as a separate attachment. 9. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 10. The bidder has attached all applicable forms. 11. The City reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / / Name and Title Page 102 of 464 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. Page 103 of 464 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date Page 104 of 464 EXHIBIT "B" 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract This Contract for Snow removal (the "Contract") is made and entered into on November 20, 2023, by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor"). The term of the Contract shall be from November 20, 2023 through April 19, 2025. 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications for $ per property per occurrence. The Contractor has been provided the current list of properties requiring snow removal under this Contract, however the list of properties may fluctuate as the City acquires or sells properties. 2. The Contract Documents shall consist of the following: a) This Contract b) Request for Bid c) Notice of Hearing and Notice to Bidders d) Signed Response (Bid) from Contractor These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall govern. 3. The Contractor agrees to commence the work within twenty-four (24) hours after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a) Contractors will abide by ordinance section 7-1-2(B)(1). Contractors will not be permitted to transfer snow onto or across any city street or alley. In the event snow is transferred into the street, it shall be removed by the Contractor. b) In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the City. c) During snow removal the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal. In the event the ice is unable to be removed the Contractor will be required to lay down sand, salt, or a mixture of both. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same hattitless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. Page 105 of 464 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing snow removal, the Contractor must notify the City of Waterloo at least two (2) weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States Post Office registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: Planning Department Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. Page 106 of 464 14. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth above and as provided in the Contract Documents. 19. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. during the term of this Contract. IN WITNESS WHEREOF, the parties have executed this Contract for Snow Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart - Mayor Authorized Representative Attest: Kelly Felchle -City Clerk Page 107 of 464 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated this day of , 20 Name of Bidder By: Title: Page 108 of 464 State of ) ) ss County of ) , being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires , 20 Page 109 of 464 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, for 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract General Description The City of Waterloo has approximately 190 residential/miscellaneous properties with public sidewalk that requires periodic snow removal. Annually or semiannually, the city sends out Requests for Bid for snow removal of the sidewalk of city owned residential lots and miscellaneous areas. The bidder shall bid per unit price (per lot/per occurrence price) for all city owned properties. All bidders should know that the list of properties fluctuates as the city is continually acquiring and selling properties. SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary for snow removal and application of sand/ice melt for approximately 190 residential lots and miscellaneous areas in accordance with the bid specifications. Assigned areas shall have snow removed each time there is a snow event of at least 1 inch, which shall be completed within 48 hours from the end of the snow event. The bid specs require that the full width of the sidewalk be cleared along the full width of each property (lot) down to the pavement. A good -faith attempt will need to be made to clear down to the pavement. In the event that it is impossible, because of ice or other hazard, then sand or other abrasive material, (such as Ice Melt, sand or another approved product) may be used so pedestrian traffic is safe. RECEIVING OF BIDS Sealed bids will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 715 Mulberry Street, Waterloo, Iowa, no later than 1:00 p.m., Thursday, November 9, 2023, for the 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract, as described in the plans and specifications now on file in the City Clerk's office. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers in the City of Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa, on Thursday, November 9, 2023, at 1:00 p.m. After the opening of bids the proposals will be referred to the Planning and Zoning Department for recommendation of award, and will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the city website. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed plans, specifications and form of contract for the 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract at the City Council Meeting, Monday November 20, 2023 at 5:30 p.m. The hearing will be held in the City Council Chambers on the second floor of Waterloo City Hall. The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, Waterloo, Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the snow removal work and will furnish the required certificate(s) of insurance, and in case the successful bidder shall fail or refuse to enter into the Contract, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award one contract to the lowest responsible Bidder whose bid conforms to the Specifications listed in the Request for Bid and is most advantageous to the City, and the Planning and Zoning Department price and other factors Page 110 of 464 considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and the Planning and Zoning Department such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order of the City Council of said City of Waterloo, Iowa, on the day of , 2023. Kelley Felchle, City Clerk City of Waterloo, Iowa, Page 111 of 464 Exhibit "C" 2023-2025 Snow Removal List as of 10/16/23 Property PIN Note Between 1305 & 1311 W 2nd St 891326307003 formerly 1309 W 2nd St NW of 434 Bayard St 891326357005 formerly 430 Bayard St W of 133 University Av 891326129029 Is this parcel included in garden plot? Formerly 135 University Av. W of 133 University Av 891326129028 Is this parcel included in garden plot? Formerly 137 University Av. E of 157 University Av 891326129034 Should be in a garden plot. E of 157 University Av 891326129026 Should be in a garden plot. Consider combining these four parcels. W of 226 Leland Av 891326128015 Formerly 232 Leland Av Between 704 & 710 W 1st St 891326177011 formerly 706 W 1st St E of 139 Dawson St 891314486006 formerly 121 Cutler St, south of corner lot S side of Dawson St at Lincoln St 891314485010 N of 1003 Logan Av 891314483009 formerly 1007 Logan Av N of 130 St Albans St 891323284001 formerly 201 Lincoln St W of 318 Center St 891323229014 formerly 326 Center St SE Cor. of Conger St & Broadway St 891323204001 E of 122 W Parker St 891314433013 formerly 116 W Parker St E of 424 Dawson St 891314458011 formerly 420 Dawson St E of 851 Dawson St 891314358004 formerly 847 Dawson St S of 1015 Lincoln St 891314476008 formerly 1013 Lincoln St S of 725 Fairview Av 891323127013 formerly 717 Fairview Av E of 514 Bratnober St 891323207007 Formerly 508 Bratnober St NE of 627 W 2nd St 891326253011 formerly 623 W 2nd St W of 651 Kern St 891314381031 Formerly 663 Kern St Lafayette St between Colorado St and Indiana St 891230328011 Formerly 2265 Lafayette St, Lafayette School SW Cor. of Courtland St & Elm St 891325207006 formerly 326 Courtland St W of 1919 Lafayette St 891230157007 formerly 1915-1917 Lafayette St E of 1903 Lafayette ST 891230157008 SE of 1202 Sycamore St 891325181003 formerly 1218 Sycamore St SW of 1202 Sycamore St 891325181007 formerly 118 E 10th St SE of 1202 Sycamore St 891325181002 SE of 1202 Sycamore St 891325181004 Sycamore St sidewalk only. E 11TH ST SIDEWALK REMOVED DUE TO ROAD/BRIDGE CONSTRUCTION Between 319 & 327 Glenwood St 891324454007 Page 112 of 464 Exhibit "C" 2023-2025 Snow Removal List as of 10/16/23 Property PIN Note Between 222 & 232 Gable St 891313379004 formerly 230 Gable St Between 314 & 328 E 1st St 891323478017 formerly 320 E 1st St NE of 117 E 9th St 891325176017 formerly 121 E 9th St NE of 117 E 9th St 891325176016 corner of E 9th St and Sycamore St NE of 117 E 9th St 891325176005 NE of 117 E 9th St 891325176004 Behind 117 E 9th St 891325176012 formerly 116-118 E 8th St W of 1335 Mulberry St 891325251007 formerly 1331 Mulberry St SW Cor. of Franklin St & Linden Av 891325278006 formerly 1828 Franklin St N of 506 Elm St 891325212016 formerly 510 Elm St S of 326 Fowler St 891325211007 formerly 515 Elm St Between 868 & 876 Fowler St 891230106013 SE Cor. of Fowler St & Lane St 891325211001 formerly 302 Fowler St E of SE Cor. of Fowler St & Lane St 891325211002 formerly 304 Fowler St. Consider combining these two parcels E of 402 Fowler St 891325212002 Formerly 404 Fowler St. S of 608 Vinton St 891325227017 formerly 602 Vinton St W of 606 Independence Av 891325227001 This parcel acquired in 1988 by CLD 597197, presumably for intersection imp. Should Planning remove snow? SW Cor. of N Barclay St & Salisbury St 891324184009 This parcel acquired in 1972 by DEED 501897, presumably for road. Should Planning remove snow? N of 724 Vinton St 891324480002 formerly 728 Vinton St S of 733 Vinton St 891324479008 formerly 731 Vinton St N of 724 Vinton St 891324480001 formerly 734 Vinton St S of 749 Vinton St 891324479005 formerly 745 Vinton St N of 439 Cherry St 891324458009 formerly 449-447 Cherry St W of 718 Glenwood St 891324482001 small triangular lot west of parcel 891324482002 N of 508 Mobile St 891324477001 formerly 520 Mobile St, at dead end of Mobile Across from 81 Lafayette St 891323434003 Across from 81 Lafayette St 891323434002 Consider combining these 2 parcels. N of 221 Ash St 891324429005 S of 239 Ash St 891324429004 formerly 233 Ash St NE Cor. of Mulberry St & Oak Av 891323428020 Page 113 of 464 Exhibit "C" 2023-2025 Snow Removal List as of 10/16/23 Property PIN Note N of 235 Jackson St 891324257010 formerly 239 Jackson St Between 155 & 167 Harrison St 891323288003 E of 155 Harrison St 891323288005 E of 155 Harrison St 891323288006 W of 137 Harrison St 891323288007 Consider combining these three parcels S of the SW Cor. Of N Barclay St & Oneida St 891324183008 formerly 213 N Barclay St 400 Blk Logan Av South of 105 Lincoln St 891323285009 400 Blk Logan Av South of 105 Lincoln St 891323285010 Consider combining both parcels. Formerly 421 Logan Av W of 215 Oneida St 891324181014 formerly 211 Oneida St E of 122 Sumner St 891324179005 formerly 132 Sumner St 100 Blk Sumner St West of 211 Linn St 891324176010 formerly 121 Sumner St W of 410 Adams St 891324134009 formerly 402 Adams St E of 418 Adams St 891324134013 formerly 426 Adams St W of 519 Adams St 891324207008 formerly 509 Adams St NW Cor. of Adams St & E 4th St 891324107006 Could Leisure Services mow since it is right across from the park? S of 120 Peek St 891324208016 formerly 116 Peek St N of 806 Logan Av 891324101009 formerly 812 Logan Av W of 123 Conger St 891323228002 formerly 125 Conger St S of 328 Ricker St 891313383009 formerly 821 Manson St W of 437 Ricker St 891313381010 E of 119 Ricker St 891313356010 formerly 129 Ricker St N of 1809 E 4th St 891313356007 E of 307 Gable St 891313377012 formerly 315 Gable St 300 Blk Gable St West of 1009 Manson St 891313377010 E of 306 Charles St 891313331003 formerly 312 Charles St W of 220 Independence Av 891325202003 W of 824 Fowler St 891230106005 formerly 820 Fowler St E of 307 Adams St 891324132026 300 Blk Adams St East of 307 Adams St 891324132025 MI W of 327 Adams St 891324132024 consider combining these three parcels W of 117 Smith St 891324458021 formerly 115 Smith St E of 518 Cottage St 891324251005 formerly 520 Cottage St Page 114 of 464 Exhibit "C" 2023-2025 Snow Removal List as of 10/16/23 Property PIN Note E of 620 Fowler St 891325234005 formerly 622 Fowler St N of 902 Logan Av 891313357007 902 Logan Av 891313357008 Dunsmore house. Consider combining these two parcels E of 126 Dearborn Av 891230305006 formerly 134 Dearborn Av 700 Blk Willow St East of 522 Beech St 891324427002 formerly 710 Willow St E of 217 Independence Av 891324457014 formerly 223 Independence Av S of 415 State St 891230151008 formerly 409 State St 200 Blk Courtland St South of 206 Irving St 891325202010 formerly 211 Courtland St NE Cor. of Courtland St & Irving St 891325202011 Consider combining these two parcels N of 1804 E 4th St 891313379013 formerly 1808 E 4th St 1804 E 4th St 891313379012d Consider combining these two. Demo contract but sidewalk to remain 700 Blk Vinton St North of 711 Vinton St 891324479011 formerly 717 Vinton St 700 Blk Vinton St North of 711 Vinton St 891324479010 Consider combining these two parcels N Cor. of Sycamore St and E 9th St 891325137011 Formerly 1027 Sycamore St. Building demolished in 2021 NW of N Cor. of Sycamore St and E 9th St 891325137012 formerly 1025 Sycamore St SW of 215 E 9th St 891325137010 formerly part of 1027 Sycamore St 1000 Blk of Sycamore SE of 204 E 8th St 891325137013 consider combining these 4 parcels E of 215 Sumner St 891324177016 formerly 219 Sumner St W of 225 Sumner St 891324177015 Formerly 223 Sumner St. Consider combining these two parcels. N of 415 Lane St 891324457010 formerly 419 Lane St 00 Blk of Lane St, across street from 82 Lane St 891325251003 NE of 410 Thompson Av 891323431012 formerly 414 Thompson Av S of 326 Oak Av 891323430018 formerly 310 Oak Av SW of 406 E 10th St 891325209011 formerly 1201 Mulberry St 5 of 414 Logan Av 891324156007 formerly 408-410 Logan Av S of 114 Warneka St 891313459019 formerly 915 Newell St NE of 409 E 8th St 891325127007 formerly 411 E 8th St SE of 906 Franklin St 891325127002 E of 124 Center St 891323231002 Formerly 120 Center St. Demoed fall of 2021. 100 Blk of Sumner St West of 211 Linn St 891324176011 Formerly 115 Sumner St. Demoed summer 2021. 123 E Parker St 891313307009 Former St. Mary's nunnery (Villia). 2127 E 4th St 891313307026 Former St. Mary's church and school. Page 115 of 464 Exhibit "C" 2023-2025 Snow Removal List as of 10/16/23 Property PIN Note 1526 E 4th St 891324129013 Demoed summer 2022 1527 E 4th St 891324105007 Demoed summer 2022 100 Blk of Shilliam Av across from 209 Jackson St 891324405003 Formerly 118 Shilliam Av. Demoed fall 2021. W of 218 Cottage St 891324176002 Formerly 214 Cottage St. Demoed fall 2021. 900 Blk of Linden Av North of 751 Glenwood St 891324476004 Formerly 915 Linden St. Demoed fall 2021. 900 Blk of Linden Av North of 751 Glenwood St 891324476003 Consider combining these two parcels W of 729 Glenwood St 891324476009 Formerly 725 Glenwood St. Demoed fall 2021. W of 150 Harrison St 891323285027 Formerly 154 Harrison St. Demoed fall 2021. W of 246 Hogle St 891230308009 Formerly 242 Hogle St. Demoed fall 2021. W of 246 Hogle St 891230308008 Consider combining these two parcels SE Cor. of Merriman St & Halstead St 891324410001 Formerly 200 Merriman St. Demoed fall 2021 105 E 11th St 891325181005 Former lumber yard. Partially demoed in 2022. REMOVED FROM LIST FOR INITIAL CONTRACT DUE TO ROAD/BRIDGE CONSTRUCTION E of 305 Sumner St 891324178017 Formerly 307 Sumner St. Demoed summer 2022 E of 331 Sumner St 891324178010 Formerly 335 Sumner St. Demoed summer 2022 E of 402 Courtland St 891325208002 Formerly 408 Courtland St. Demoed summer 2022 70 Sycamore St 891323476001 Former Crystal Ice building. 90 Sycamore St 891323476002 Former Crystal Ice building. 516 Pine St 891324310002 Soon to be sold to developer to be rehabed. 521 Pine St 891324307010 Soon to be sold to developer to be rehabed. W of 508 Adams St 891324210001 E of 427 Rath St 891230303007 E of 2012 Lafayette St 891230304006 1515 Sycamore St 891325259002 former Rath Administration building E Cor. of Sycamore St & E 10th St 891325180014 NW of 1217 Sycamore St 891325180018 formerly 1211 Sycamore St. Formerly parcel 013, portion split and sold. Between 508 & 526 Locust 891326331006 formerly 520 Locust St Between 1128 & 1206 Washington St. 891325307007 Adj. to 622 W 9th St 891326432012 formerly 626-628 W 9th St W of 1129 South St 891325307024 E of 1023 South St 891326433006 formerly 1029 South St Page 116 of 464 Exhibit "C" 2023-2025 Snow Removal List as of 10/16/23 Property PIN Note NW of 1316 Washington St 891325354049 891326432010 red from State CLD 623 Pg 63. Is our department responsible to IlMigiste NE of 622 W 9th St E of 1421 Hawthorne Av 891336105018 formerly 1423 Hawthorne Av W of 1133 Bertch Av 891335226017 formerly 1131 Bertch Av SE of 1018 Wellington St 891326476006 formerly 1020 Wellington St SE of 915 Commercial St 891325153003 formerly 919-925 Commercial St (Castle Apartments) SE of 1218 Washington St 891325307032 NW Cor. of W 11th St & South St 891325307033 Consider combining these two parcels NW of 1124 Washington St 891325307003 formerly 1120 Washington St NE of 620 W 7th St 891326426007 formerly 614 W 7th St NW of 1108 Grant Av 891326481001 formerly 1100 Grant Av SW of 326 W 14th St 891325377008 formerly 328 W 14th St SE of 740 Grant Av 891326411007 Building demolished in 2021, formerly 742 Grant Av NE of 326 W 14th St 891325377006 321 W 6th St 891326283015 former Johnstone Supply. Sidewalk along W 6th 817 Bluff St 891326283016 Quonset Hut part of former Johnstone Supply. Includes sidewalk along Bluff St and W 7th St SE of 1103 Commercial St 891325155013 NW Cor. of Williston Av & US Hwy 218 891325382012 SE of 1426 Washington St 891325354011 SE of 1426 Washington St 891325354012 SE of 1426 Washington St 891325354013 Consider combining these three parcels. 232 Ricker St 891313382006 S of 232 Ricker St 891313382007 N of 208 Denver St 891326305017 207 Lafayette St 891323478013 208 Sunnyside Av 891326108007 Under demo contract, but sidewalk to remain 212 Sunnyside Av 891326108008 Under demo contract, but sidewalk to remain N of 250 Westfield Av, pt of Lot 1 of Techworks Add 891323378017 Parcel added 2/17/23 W of 306 Madison St 891230129024 Parcel added 10/16/23 SW of 321 E 1st St 891323436006 Parcel added 10/16/23 Page 117 of 464 Exhibit "C" 2023-2025 Snow Removal List as of 10/16/23 Property PIN Note E of 912 Newton St 891314351008 Parcel added 10/16/23 1335 Mulberry St 891325251006 Parcel added 10/16/23 N of 1335 Mulberry Street 891325251004 Parcel added 10/16/23 326 W 7th St 891326283003 Parcel added 10/16/23. Corner lot, sidewalk on two streets 708 W 3rd St 891326183004 Parcel added 10/16/23 1442 Sycamore St 891325261024 Former Crystal Ice building. Parcel added 10/16/23 Page 118 of 464 Community Development Board City of Waterloo, IA PRELIMINARY SPECIFICATIONS AND BID SHEET 232 Ricker Street City of Waterloo 319-291-4429 Address to be rehabilitated Owner Phone DESCRIPTION OF WORK TO BE DONE NOTE: SPECIFICATION NUMBERS TO BE FOLLOWED ARE LISTED BEFORE EACH STATEMENT INDICATING THE PARAGRAPH NUMBER OF THE GENERAL SPECIFICATIONS AND CONDITIONS SHEET If your bid proposal is over $25,000.00 minus the Lead -Based Paint Hazard Reduction Activities, all lead -based paint hazard reduction activities must be performed by Certified Abatement Contractors. Lead -Based Paint Safe Work Practices All work in contract must be completed using Safe Work Practices as required under the Iowa Department of Public Health's Lead -Safe Renovators Training Manual and be clone only by contractors who have successfully completed the 8-hour "Lead -Safe Renovators Training Program". It is assumed all painted surfaces are lead -based paint due to the fact this home was constructed prior to 1979; therefore, lead -based paint safe work practices must be used when disturbing any painted surfaces. DESCRIPTION OF WORK TO BE DONE NOTE: SPECIFICATION NUMBERS TO BE FOLLOWED ARE LISTED BEFORE EACH STATEMENT INDICATING THE PARAGRAPH NUMBER OF THE GENERAL SPECIFICATIONS AND CONDITIONS SHEET NOTE: ALL MATERIALS USED TO COMPLETE THESE LINE ITEM SPECIFICATIONS MUST MEET BUILDING CODE REQUIRMENTS OR GREATER. GM # Item Specification Contracl Rehabilitation Garage 1 Construct a 16' width by 24' length garage, per city code. ( see attached specs) . The vinyl siding, fascia, soffit and shingles are to match existing dwelling. Frame in and install a 32" new pre -hung steel entrance door with new hardware and deadbolt on wall facing house. New steel door to be set 12" off of right side of wall. Install new aluminum capping on exterior casings. Match existing size and style of existing dwelling, Match existing as close as possible. Page 119 of 464 Rehabilitation / Garage continued... 600 2 Pour new concrete slab 16'x 24' (5" thick slab with 6" high curb ) for newly constructed garage. Pour new concrete driveway 16' x 20' (5" thick) from alley to the newly constructed garage. Include a 4'x4' pad at rear service door. Note to include regrading and seeding the work area. 600 3 Frame in an opening for a 10' wide by 7' high over head door. Install new 10'x7' insulated over head door on wall side C. To include all hard ware, new door opener. Install new aluminum capping on exterior jamb match color on the existing dwelling as close as possible. 1900 4 Install new electrical from the dwelling to the newly constructed garage. Per cite code. $ 2000.2 5 Install new seamless aluminum gutters, downspouts and extensions on the newly constructed garage. Discharged will be at the end of the garage with service door. Extensions to be a minimum of 48" away from the dwelling. Match existing dwelling. Quantity 52 $ Rehabilitation SubTotal: $ Page 120 of 464 Community Development Board City of Waterloo, IA PRELIMINARY SPECIFICATIONS AND BID SHEET 232 Ricker Street City of Waterloo 319-291-4429 Address to be rehabilitated Owner Phone DESCRIPTION OF WORK TO BE DONE NOTE: SPECIFICATION NUMBERS TO BE FOLLOWED ARE LISTED BEFORE EACH STATEMENT INDICATING THE PARAGRAPH NUMBER OF THE GENERAL SPECIFICATIONS AND CONDITIONS SHEET If your bid proposal is over $25,000.00 minus the Lead -Based Paint Hazard Reduction Activities, all lead -based paint hazard reduction activities must be performed by Certified Abatement Contractors. Lead -Based Paint Safe Work Practices All work in contract must be completed using Safe Work Practices as required under the Iowa Department of Public Health's Lead -Safe Renovators Training Manual and be clone only by contractors who have successfully completed the 8-hour "Lead -Safe Renovators Training Program". It is assumed all painted surfaces are lead -based paint due to the fact this home was constructed prior to 1979; therefore, lead -based paint safe work practices must be used when disturbing any painted surfaces. DESCRIPTION OF WORK TO BE DONE NOTE: SPECIFICATION NUMBERS TO BE FOLLOWED ARE LISTED BEFORE EACH STATEMENT INDICATING THE PARAGRAPH NUMBER OF THE GENERAL SPECIFICATIONS AND CONDITIONS SHEET NOTE: ALL MATERIALS USED TO COMPLETE THESE LINE ITEM SPECIFICATIONS MUST MEET BUILDING CODE REQUIRMENTS OR GREATER. GM # Item Specification Contracl Rehabilitation Garage 1 Construct a 16' width by 24' length garage, per city code. ( see attached specs) . The vinyl siding, fascia, soffit and shingles are to match existing dwelling. Frame in and install a 32" new pre -hung steel entrance door with new hardware and deadbolt on wall facing house. New steel door to be set 12" off of right side of wall. Install new aluminum capping on exterior casings. Match existing size and style of existing dwelling, Match existing as close as possible. Page 121 of 464 Rehabilitation / Garage continued... 600 2 Pour new concrete slab 16'x 24' (5" thick slab with 6" high curb ) for newly constructed garage. Pour new concrete driveway 16' x 20' (5" thick) from alley to the newly constructed garage. Include a 4'x4' pad at rear service door. Note to include regrading and seeding the work area. 600 3 Frame in an opening for a 10' wide by 7' high over head door. Install new 10'x7' insulated over head door on wall side C. To include all hard ware, new door opener. Install new aluminum capping on exterior jamb match color on the existing dwelling as close as possible. 1900 4 Install new electrical from the dwelling to the newly constructed garage. Per cite code. $ 2000.2 5 Install new seamless aluminum gutters, downspouts and extensions on the newly constructed garage. Discharged will be at the end of the garage with service door. Extensions to be a minimum of 48" away from the dwelling. Match existing dwelling. Quantity 52 $ Rehabilitation SubTotal: $ Page 122 of 464 Title of Section TABLE OF CONTENTS Section No. PAGE Employment of Contractor 1 2 Scope of Services 2 2 Improvements 3 2 Subcontracting 4 2 Equal Employment Opportunity 5 2 Time for Performance 6 4 Insurance 7 4 Changes in the Work 8 4 Releases of Liens 9 4 Compensation 10 4 Payment for Completed Work 11 5 Provision for the Owner 12 5 Occupancy Provision 13 5 Condition of Premises 14 5 Interest of City Officials 15 5 Workmanship 16 5 Engineering Surveys, Permits and Fees 17 5 Inspection of Work 18 5 Defects after Completion 19 6 Approval by City 20 6 Non -liability of the City 21 6 Default 22 6 Termination 23 6 Notices 24 6 Domestic Preference 25 6 Signatures 7 Proceed Order 7 Bid Sheet General Specifications 1 Attached Enclosed Page 123 of 464 NEW CONSTRUCTION CONTRACT This Contract, made the day hereinafter set forth, by and between City of Waterloo hereinafter referred to as the "CITY", and Cedar Valley Renovations, hereinafter referred to as the "CONTRACTOR", WITNESSETH THAT: WHEREAS, the OWNER desires to engage the Contractor to perform certain work on the premises commonly known as 232 Ricker St. PARCEL ID 891313382006 and WHEREAS, the OWNER desires to rehabilitate, renovate, remodel and improve the aforesaid premises in accordance with standards set out by the City of Waterloo, Iowa. NOW THEREFORE, the parties hereto do mutually agree as follows: Section 1. Employment of Contractor: The owner hereby engages the Contractor with the approval of the City to perform the services and supply the materials hereinafter set forth. Section 2. Scope of Services: The Contractor shall perform all of the services and furnish all the material necessary to make the improvements described in the Contract for the aforesaid premises. Section 3. Improvements: The improvements to be made and/or constructed by the Contractor are set forth in the Plans and/or Specifications and referred to as Exhibit "A", attached hereto, made a part hereof and incorporated as a part of this Agreement. Section 4. Subcontracting: The Contractor shall not be required to employ any subcontractor against whom he has a reasonable objection. The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the Owner. Section 5. Equal Employment Opportunity: (Contracts subject to Executive Order 11246 and 11375). During the performance of this contract, the contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. The Contractor 2 Page 124 of 464 will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the City, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Orders 11246 and 11375, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Orders 11246 and 11375, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Orders 11246 and 11375, and by the rules, regulations, and orders of the Secretary of Labor of the Secretary of Housing and Urban Development pursuant thereto, and will permit access to his books, records, and accounts by the property owner, the Secretary of Housing and Urban Development, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) (g) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Orders 11246 and 11375, and such sanctions may be imposed and remedies invoked as provided in Executive Orders 11246 and 11375, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Orders 11246 and 11375 so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or 3 Page 125 of 464 purchase order as the property owner may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the property owner, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Section 6. Time for Performance: The Contractor shall, upon acceptance of this Bid and submission of evidence of satisfactory insurance coverage, begin work no later than 15 days after the Proceed Date. The contract must be satisfactorily completed 30 calendar days after the proceed date Notwithstanding the aforesaid, the Contractor is excused from performance or delay if at any time in the progress of the work by any act or neglect of the City or of any employee of either, or by any separate Contractor employed by the City, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the City shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the City may decide. When the work has been fully completed, approved by the City, and all waivers and releases of liens required by the City are submitted, final payment shall be made to the Contractor by the City. Section 7. Insurance: The Contractor shall maintain such insurance as will protect him from claims under Workmen's Compensation Acts and other employee benefits acts, from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise both out of and during operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Public liability insurance shall be written for not less than $300,000 per occurrence for injury to persons and not less than $300,000 per occurrence for damages to property. The Contractor shall save the City harmless from damages arising out of the work set forth therein. Before commencing work, Contractor shall furnish the City with certificates showing that the above insurance is in force. If any such insurance is due to expire during the construction period, the Contractor shall not permit the coverage to lapse and new certificates shall be furnished to the City. Section 8. Changes in the Work: No modifications of this Contract shall be made except in written change order signed by the Contractor and approved by the City. Section 9. Releases of Liens: The Contractor shall submit to the City a release of all mechanics and material liens prior to final payment of the consideration set forth hereafter. Section 10. Compensation: The City agrees to compensate the Contractor $21,832 for the services and the materials to be provided herein. Section 11. Payment for Completed Work: The Contractor will be paid all but ten percent (10%) of the Contract price after the work is satisfactorily completed. This ten percent 4 Page 126 of 464 of Contract price will be held for 30 days after date of the final certification of completion. Upon request of the Contractor and with approval of the City, progress payments may be made. Progress payments shall not exceed 90% of the value of the work satisfactorily completed. Payments due the Contractor will be paid within 30 days after the City receives the Contractor's invoice and satisfactory release of liens of claims for liens by subcontractors, laborers, and material suppliers for completed work or installed materials and an executed Anti -Kickback Statement. Section 12. Provision for the City: City will permit the Contractor to use at no cost existing utilities such as light, heat, power, and water necessary to the carrying out and completion of the work. Section 13. Occupancy Provision: The premises are to be occupied (unless otherwise notified by the City) during the course of the construction work. Section 14. Condition of Premises: Contractor agrees to keep the premises clean and orderly during the course of the work and remove all debris at the completion of the work. Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless stated otherwise. Section 15. Interest of Community Development Board Personnel and Local Public Officials. No members of the governing body of the City who exercises any functions or responsibilities, and no member of the City Council of the City of Waterloo, shall have any interest, direct or indirect, in this Contract. Section 16. Workmanship: The work provided hereunder by the Contractor shall be executed as directed by the plans and specifications and in the most sound, workmanlike and substantial manner, and all materials used in the construction, rehabilitation, renovating, remodeling, and improving shall be new unless otherwise expressly set forth in the specifications. Section 17. Engineering Surveys and Permits and Fees: The City shall furnish all engineering surveys as required unless otherwise specified. The Contractor shall furnish all permits and licenses for the authorization to execute said work and pay all fees incidental to acquiring same. Section 18. Inspection of Work: The City shall at all times have access to the work. If the specifications, plans, instructions, laws, ordinances, City Standards, or any public authority requires any work to be specifically inspected, tested or approved, the Contractor shall give the City timely notice of its readiness for inspection. Inspections by the City shall be promptly made. If any work should be covered up without approval or consent of the City, it must, if required by the City, be uncovered for examination at the Contractor's expense. If such work should be found not in accordance with this contract, including incorporated plans and specifications, the Contractor shall pay such costs; provided, however, if the Contractor can show that the defect was not caused by him or his subcontractors, then in that event, the City shall pay the cost of remedying such work. 5 Page 127 of 464 Section 19. Defects after Completion: Any defects that appear within One Year (1 year) from the completion of the work and arise out of defective or improper materials or workmanship will upon the direction of the City be corrected and made good by the Contractor at his/her own expense. Roof replacements for a shingled roof will carry a 3-year guarantee on contractor's workmanship and materials. Defects that appear within the time frames indicated above shall be corrected by contractor at his/her own expense. Section 20. Approval by City: This Agreement must be approved by the City before it becomes effective. Section 21. Non -liability of the City: The parties hereto agree to hold the City harmless for any damages concerning the undertaking and carrying out of this Contract. Section 22. Default: In the case of default by the Contractor, the City may procure the articles of services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Section 23. Termination: In case the Contractor fails to furnish materials or execute work in accordance with the provisions of this Contract, or fails to proceed with or complete the work within the time limit specified in this Contract, or if the provisions of the Contract are otherwise violated by the Contractor, then in any case, upon ten (10) days' written notice to the Contract, the City shall have the right to declare the Contractor in default in the performance of his obligations under the Contract. Said notice shall contain the reason for the City's intent to declare Contractor at fault and unless within ten (10) days after service of said notice, the violation shall cease or satisfactory arrangements shall be made for its correction, the Contractor, by written notice from the City may be declared in default and his right to proceed under the Contract terminated. In the event the Contractor is thus declared to be in default, the City will proceed to have the work completed, shall apply the cost of having the work completed any money due the Contractor under the Contract, and Contractor shall be responsible for any damages resulting to the City by reason of default. Section 24. Notices: Notices to be given by City to Contractor shall be considered given for the purpose of this Agreement if mailed by regular mail to Contractor at his business address. Section 25. Domestic Preference for Procurement: As appropriate and to the extent consistent with law, the non-federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The requirements of this section must be included in all sub awards including all contracts and purchase orders for work or products under this award. 6 Page 128 of 464 ACCEPTANCE SIGNATURES CEDAR VALLEY RENOVATIONS (Contractor Firm Name) 5700 BIG WOODS RD (Contractor's Address) CEDAR FALLS, IA 50613 (City, State, Zip) (Signature of Contractor) (Date of Bid) (Date of Acceptance) Attest: 7 CITY OF WATERLOO (Owner(s) Name) 620 MULBERRY ST. (Owner's Address) WATERLOO IA 50703 (City, State, Zip) (Owner's Signature) (Owner's Signature) Attest: APPROVED: Rudy D. Jones Community Development Director BY: Quentin Hart Mayor Page 129 of 464 ***************************************************************************** PROCEED ORDER TO: Contractor Date: FROM: Owner You are hereby notified to proceed with the work as listed in this contract within 15 days of the above date. Signature of Owner(s) 8 Page 130 of 464 ACQRD� CERTIFICATE OF LIABILITY INSURANCE ��. DATE(MM/DD/YYYY) 11 /14/23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brian Werner c/o FBL Financial Group Inc. 1314 9th Street SE Dyersville, IA 52040 CONTACT Brian Werner NAME: PHONE FAX (A/C, No, Ext): (563) 875-2882 (A/C, No): A ADDDRDR ESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Farm Bureau Property & Casualty Insurance Company 13773 INSURED CEDAR VALLEY RENOVATIONS LLC 5700 BIG WOODS RD CEDAR FALLS, IA 50613-9776 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY ❑ ❑ CPP6037246 06/16/2023 06/16/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100, 000 MED EXP (Any one person) $ 5, 000 PERSONAL & ADV INJURY $ 1, 0 0 0, 000 GEN'L X AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE x LIABILITY ANY AUTO OWNED X X SCHEDULED ❑ ❑ CPP6037246 06/16/2023 06/16/2024 COMBINED SINGLE LIMIT (Ea accident) $ 500,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A WC 6011859 06/16/2023 06/16/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 100, 000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Waterloo Community Development SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jon Swartz, Underwriting Vice President /1 - (Ci- ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 131 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Motion to approve Final Quantity Summary with Aspro, Inc., of Waterloo, Iowa, for a net increase of $109,285.50, in conjunction with the FY 2023 Asphalt Overlay Program, Contract No. 1073, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net increase in the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. #1073 FINAL SIGNED Page 132 of 464 Page 133 of 464 CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: FY 2023 ASPHALT OVERLAY PROGRAM CONTRACT NO. 1073 Date Prepared: November 10, 2023 AMOUNT: $109,285.50 INCREASE TO: ASPRO, INC. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated April 3, 2023. A. Description of change to be made or extra work to be done: Adjust construction quantities to actual construction quantities B. Reason for ordering change or extra work: As -built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL INCREASE $1 09,285.50 BY: ASPRO, INC. Mayor Date ATTEST: City Clerk Final Qty Adjustment CONTRACTOR BY: TITLE: Date Dice Prg7f'+ Date APPROVED: ity Engineer Date Contract No. 1073 Sheet 1 of 2 Page 134 of 464 FY 2023 ASPHALT OVERLAY PROGRAM PAY ESTIMATE NO. RETAINAGE CONTRACT NO. 1073 PAY PERIOD: 30 days after acceptance ITEM NO. ITEM DESCRIPTION UNIT ORIG. BID. QTY. FINAL QUANTITY QUANTITY DIFFERENCE ASPRO'S UNIT PRICE ASPRO'S UNIT PRICE REV. ASPRO'S TOTAL ITEM PRICE BID INCREASE / DECREASE 1 REMOVE STORM SEWER PIPE LF 32.0 2.0 (30.0) $ 55.00 $ 55.00 $ 1,760.00 $ (1,650.00) 2 STORM SEWER TRENCHED, RCP, 200D, 10-INCH LF 16.0 2.0 (14.0) $ 115.00 $ 115.00 $ 1,840.00 $ (1,610.00) 3 STORM SEWER TRENCHED, RCP, 200D, 12-INCH LF 16.0 - (16.0) $ 125.00 $ 125.00 $ 2,000.00 $ (2,000.00) 4 CONNECTION TO EXISTING PIPE EACH 4.0 - (4.0) $ 2,900.00 $ 2,900.00 $ 11,600.00 $ (11,600.00) 5 REMOVE INTAKE EACH 3.0 3.0 - $ 1,800.00 $ 1,800.00 $ 5,400.00 $ - 6 INTAKE, SW-501 EACH 3.0 2.0 (1.0) $ 6,500.00 $ 6,500.00 $ 19,500.00 $ (6,500.00) 7 INTAKE ADJUSTMENT MINOR, BOXOUT, SW-501 EACH 1.0 4.0 3.0 $ 3,750.00 $ 3,750.00 $ 3,750.00 $ 11,250.00 8 INTAKE ADJUSTMENT MINOR, BOXOUT, SW-505 EACH 6.0 6.0 - $ 4,250.00 $ 4,250.00 $ 25,500.00 $ - 9 INTAKE ADJUSTMENT MINOR, BOXOUT, SW-505, TYPE Q GRATE EACH 2.0 3.0 1.0 $ 3,750.00 $ 3,750.00 $ 7,500.00 $ 3,750.00 10 INTAKE ADJUSTMENT MINOR, UMAR, SW-501 EACH 21.0 2.0 (19.0) $ 325.00 $ 325.00 $ 6,825.00 $ (6,175.00) 11 INTAKE ADJUSTMENT MINOR, UMAR, SW-501, TYPE Q GRATE EACH 1.0 - (1.0) $ 325.00 $ 325.00 $ 325.00 $ (325.00) 12 INTAKE ADJUSTMENT MINOR, UMAR, SW-505 EACH 6.0 1.0 (5.0) $ 325.00 $ 325.00 $ 1,950.00 $ (1,625.00) 13 MANHOLE ADJUSTMENT MINOR, BOXOUT EACH 25.0 8.0 (17.0) $ 1,625.00 $ 1,625.00 $ 40,625.00 $ (27,625.00) 14 MANHOLE ADJUSTMENT MINOR, UMAR EACH 61.0 56.0 (5.0) $ 925.00 $ 925.00 $ 56,425.00 $ (4,625.00) 15 CONVERT WATER MANHOLE TO ROADBOX EACH 19.0 22.0 3.0 $ 750.00 $ 750.00 $ 14,250.00 $ 2,250.00 16 PAVEMENT, HMA, STANDARD TRAFFIC (ST) SURFACE, 1/2", PG 58-285, NO FRICTION TONS 3,699.6 3,497.73 (201.87) $ 148.85 $ 148.85 $ 550,685.46 $ (30,048.35) 17 PAVEMENT, HMA, HIGH TRAFFIC (HT) SURFACE, 1/2", PG 58-28H, NO FRICTION TONS 3,059.8 2,871.17 (188.63) $ 151.30 $ 151.30 $ 462,947.74 $ (28,539.72) 18 PAVEMENT, HMA, STANDARD TRAFFIC (ST) INTERMEDIATE, 1/2", PG 58-285 TONS 1,605.0 1,907.59 302.59 $ 147.15 $ 147.15 $ 236,175.75 $ 44,526.12 19 PAVEMENT, HMA, HIGH TRAFFIC (HT) INTERMEDIATE, 1/2", PG 58-28H TONS 1,272.9 1,799.69 526.79 $ 150.90 $ 150.90 $ 192,080.61 $ 79,492.61 20 PAVEMENT, HMA, STANDARD TRAFFIC (ST) INTERLAYER, 1/2", PG 58-28E TONS 779.5 2,049.12 1,269.62 $ 174.90 $ 174.90 $ 136,334.55 $ 222,056.54 21 PAVEMENT, HMA, HIGH TRAFFIC (HT) INTERLAYER, 1/2", PG 58-28E TONS 1,680.8 826.65 (854.15) $ 174.90 $ 174.90 $ 293,971.92 $ (149,390.84) 22 PAVEMENT, HMA, 4.0", MISC SY 4.0 12.1 8.1 $ 87.50 $ 87.50 $ 350.00 $ 708.75 23 HMA PAVEMENT SAMPLES AND TESTING LS 1.0 1.0 - $ 7,875.00 $ 7,875.00 $ 7,875.00 $ - 24 REMOVAL OF SIDEWALK SY 1,482.7 1,434.7 (48.0) $ 21.50 $ 21.50 $ 31,878.05 $ (1,032.00) 25 REMOVAL OF DRIVEWAY SY 87.5 39.2 (48.3) $ 25.00 $ 25.00 $ 2,187.50 $ (1,207.50) 26 REMOVAL OF PAVEMENT, HMA SY 4.0 12.1 8.1 $ 25.00 $ 25.00 $ 100.00 $ 202.50 27 SIDEWALK, PCC, C-4, 4" SY 888.1 787.3 (100.8) $ 54.00 $ 54.00 $ 47,957.40 $ (5,443.20) 28 SIDEWALK, PCC, C-4, 6" SY 710.8 668.1 (42.7) $ 58.50 $ 58.50 $ 41,581.80 $ (2,497.95) 29 DETECTABLE WARNING SURFACE SF 1,296.0 1,137.0 (159.0) $ 63.00 $ 63.00 $ 81,648.00 $ (10,017.00) 30 SIDEWALK CURB, BEAM LF 20.0 17.8 (2.2) $ 250.00 $ 250.00 $ 5,000.00 $ (550.00) 31 REMOVE & REPLACE PCC STAIRS LS 1.0 1.0 - $ 2,500.00 $ 2,500.00 $ 2,500.00 $ - 32 REMOVE CURB & GUTTER LF 1,601.7 1,465.4 MI (136.3) $ 26.50 $ 26.50 $ 42,445.05 $ (3,611.95) 33 CURB & GUTTER, 24-INCH WIDE, 7-INCH DEPTH, PCC, C-4 LF 328.8 23.9 (304.9) $ 52.00 $ 52.00 $ 17,097.60 $ (15,854.80) 34 CURB & GUTTER, 24-INCH WIDE, 7.5-INCH DEPTH, PCC, C-4 LF 167.9 160.9 (7.0) $ 53.00 $ 53.00 $ 8,898.70 $ (371.00) 35 CURB & GUTTER, 24-INCH WIDE, 8-INCH DEPTH, PCC, C-4 LF 407.0 258.3 (148.7) $ 54.00 $ 54.00 $ 21,978.00 $ (8,029.80) 36 CURB & GUTTER, 24-INCH WIDE, 9-INCH DEPTH, PCC, C-4 LF 575.6 726.5 150.9 $ 56.00 $ 56.00 $ 32,233.60 $ 8,450.40 37 CURB & GUTTER, 24-INCH WIDE, 10.5-INCH DEPTH, PCC, C-4 LF 174.1 220.6 46.5 $ 57.00 $ 57.00 $ 9,923.70 $ 2,650.50 38 CURB & GUTTER, 24-INCH WIDE, 11.5-INCH DEPTH, PCC, C-4 LF 22.7 24.2 1.5 $ 58.00 $ 58.00 $ 1,316.60 $ 87.00 39 CURB & GUTTER, 24-INCH WIDE, 12-INCH DEPTH, PCC, C-4 LF 52.4 51.0 (1.4) $ 59.00 $ 59.00 $ 3,091.60 $ (82.60) 40 REMOVAL OF PAVEMENT SY 144.1 111.0 (33.1) $ 25.00 $ 25.00 $ 3,602.50 $ (827.50) 41 PAVEMENT, PCC, C-4, 5", DRIVEWAY, TYPE A SY 17.7 18.0 0.3 $ 100.00 $ 100.00 $ 1,770.00 $ 30.00 42 PAVEMENT, PCC, C-4, 6", DRIVEWAY, TYPE A SY 157.6 79.0 (78.6) $ 57.00 $ 57.00 $ 8,983.20 $ (4,480.20) 43 PAVEMENT, PCC, C-4, 7" SY 122.3 66.8 (55.5) $ 67.00 $ 67.00 $ 8,194.10 $ (3,718.50) 44 PAVEMENT, PCC, C-4, 9" SY 21.8 44.2 22.4 $ 125.00 $ 125.00 $ 2,725.00 $ 2,800.00 45 SURFACE PATCH TONS 260.0 - (260.0) $ 265.00 $ 265.00 $ 68,900.00 $ (68,900.00) 46 PARTIAL DEPTH PATCHING SF 5,433.0 9,566.0 4,133.0 $ 18.50 $ 18.50 $ 100,510.50 $ 76,460.50 47 PARTIAL DEPTH CRACK REPAIR LF 386.0 338.0 (48.0) $ 23.50 $ 23.50 $ 9,071.00 $ (1,128.00) 48 GRANULAR SHOULDER TONS 20.0 4.5 (15.5) $ 39.15 $ 39.15 $ 783.00 $ (606.43) 49 CRACK AND SEAT SY 7,880.7 7,880.7 - $ 4.35 $ 4.35 $ 34,281.05 $ - 50 MILL WEDGE EACH 40.0 49.0 9.0 $ 3,150.00 $ 3,150.00 $ 126,000.00 $ 28,350.00 51 PAVEMENT SCARIFICATION SY 18,502.1 18,502.1 - $ 8.00 $ 8.00 $ 148,016.80 $ - 52 PAINTED PAVEMENT MARKINGS, SOLVENT/WATERBOURNE STA 171.42 126.63 (44.79) $ 90.00 $ 90.00 $ 15,427.80 $ (4,031.10) 53 PERMANENT TAPE MARKINGS, THERMOPLASTIC, 24-INCH WIDE, WHITE STA 2.50 2.38 (0.12) $ 1,100.00 $ 1,100.00 $ 2,750.00 $ (132.00) 54 PRECUT SYMBOLS & LEGENDS, THERMOPLASTIC EACH 7.0 7.0 - $ 700.00 $ 700.00 $ 4,900.00 $ - 55 TEMPORARY TRAFFIC CONTROL LS 1.0 1.0 - $ 19,000.00 $ 19,000.00 $ 19,000.00 $ - 56 TEMPORARY TRAFFIC CONTROL - WEST 4TH STREET (SOUTH) LS 1.0 1.0 - $ 8,000.00 $ 8,000.00 $ 8,000.00 $ - 57 TEMPORARY TRAFFIC CONTROL - KIMBALL AVENUE LS 1.0 1.0 - $ 10,000.00 $ 10,412.50 $ 10,000.00 $ 412.50 58 TEMPORARY TRAFFIC CONTROL - WEST 4TH ST/ WILLISTON AVE / CAMPBELL AVE LS 1.0 1.0 - $ 12,000.00 $ 12,000.00 $ 12,000.00 $ - 59 TEMPORARY TRAFFIC CONTROL - NEWELL STREET LS 1.0 1.0 - $ 12,000.00 $ 13,500.00 $ 12,000.00 $ 1,500.00 60 TEMPORARY TRAFFIC CONTROL - WEST PARKER STREET LS 1.0 1.0 - $ 12,000.00 $ 12,000.00 $ 12,000.00 $ - 61 RAILROAD PROTECTION INSURANCE - CANADIAN NATIONAL RAILROAD LS 1.0 1.0 - $ 7,690.00 $ 7,690.00 $ 7,690.00 $ - 62 MOBILIZATION LS 1.0 1.0 - $ 106,000.00 $ 106,000.00 $ 106,000.00 $ - 63 EROSION CONTROL, WATTLES, 9-INCH, INSTALL LF 400.0 - (400.0) $ 7.00 $ 7.00 $ 2,800.00 $ (2,800.00) 64 EROSION CONTROL, WATTLES, 9-INCH, REMOVE LF 400.0 - (400.0) $ 1.00 $ 1.00 $ 400.00 $ (400.00) 65 EROSION CONTROL, RECP, TYPE 1.A SY 500.0 - (500.0) $ 7.00 $ 7.00 $ 3,500.00 $ (3,500.00) 66 EARTHWORK, GRADE, REMOVE TOPSOIL SY 594.0 1,441.2 847.2 $ 28.00 $ 28.00 $ 16,632.00 $ 23,721.60 67 HYDRAUIC SEEDING, FERTILIZING, AND MULCHING SY 594.0 1,441.2 847.2 $ 13.60 $ 13.60 $ 8,078.40 $ 11,521.92 $ 3,183,523.98 $ 109,285.50 PAYMENTS AMOUNT Pay Estimate Pay Est. Amt. Amt. to Date 1 $ 32,566.99 $ 32,566.99 2 $ 42,693.00 $ 75,259.99 3 $ 251,219.14 $ 326,479.13 4 $ 585,807.46 $ 912,286.59 5 $ 567,686.70 $ 1,479,973.29 6 $ 283,850.66 $ 1,763,823.95 7 $ 283,543.22 $ 2,047,367.17 8 $ 320,208.26 $ 2,367,575.43 9 $ 478,221.67 $ 2,845,797.10 10 $ 262,919.95 $ 3,108,717.05 11 $ 7,864.23 $ 3,116,581.28 12 $ 11,587.72 $ 3,128,169.00 Retainage $ 164,640.48 $ 3,292,809.48 Total $ 3,292,809.48 CHANGE ORDERS: AMOUNT NONE $ - CHANGE ORDER TOTAL $ - ORIGINAL CONTRACT AMOUNT $ 3,183,523.98 CHANGE ORDER TOTAL $ - REVISED CONTRACT AMOUNT $ 3,183,523.98 FINAL QUANTITY SUMMARY $ 109,285.50 FINAL CONTRACT AMOUNT $ 3,292,809.48 FINAL QUANTITY ADJUSTMENT CONTRACT NO. 1073 SHEET 2 OF 2 Page 135 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $3,292,809.48, in conjunction with the FY 2023 Asphalt Overlay Program, Contract No. 1073, and receive and file a two-year maintenance bond. 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 Page 136 of 464 None Page 137 of 464 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of $48,142.00, in conjunction with the FY 2024 Levee Rip Rap Spraying, Contract No. 1083. 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. Cont 1083 maintenance bond Page 138 of 464 Page 139 of 464 MERCHANTS BONDING COMPANY, MERCHANTS NATIuNAl BONDING, INc. P.O. Box 14498, DES MOIN1 IA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That Landmark Turf Services, LLC Bond No. 100277166 of Dunkerton, IA as Principal, and the Merchants National Bonditut; lne. held and firmly bound unto the City of Waterloo as Surety are in the penal sum of forty-eight thousand one hundred forty-two (548,142.00 DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this t7th day of November 2023 WHEREAS, the Principal entered into a certain contract, dated the 17th day of 2023 with the November to furnish all tile material and labor necessary for the construction of FY 2024 Levee Rip Rap Spraying Contract No 1083 in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 2 years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Merchants National Bt nding,.tne. for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo as aforesaid; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work, within the period of years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law_ It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted, Any obligation beyond this shall be that of only the Principal. Approved By Landmark Turf Services. LLC Principal By ' "`—\ By 14eroltant National Bonding, Inc. CON 0304 (2/15) Samantha Trost Attorney -in -Fact Page 140 of 464 MERCHANTS BONDING COMPANY- POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively called the "Companies') do hereby make, constitute and appoint, individually, Samantha Trost their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor andlor its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 14th day of November v ; 2003 :t7, STATE OF IOWA COUNTY OF DALLAS ss. On this 14th day of November 2023 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 2023 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. dlbla MERCHANTS NATIONAL INDEMNITY COMPANY .;.3w .. ..•;��;: ,•.,,,,..,.•• A •1-:'~ -0- v.•i •a. 1933 ; e• ",,,P. .• stir • By •...... • Kim Lee Commission Number 702737 My Commission B1es April 14, 2024 7, /12 ' otary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and POA 0018 (10/22) affixed the seal of the Companies on this 14th day of November , 2023 . ;.* Q1.aORq �p. ;�0 4aP09q 92: sa= _p_ p;0_ .t-:' -o . s 2003 • y • 1933 . c; • ti• �; r•y .............. a e • Secretary Page .14.1.._o f 464 .. MERCHANTS BONDING COMPANY:,: MERCHANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 • DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 • FAX: (515) 243-3854 ADDENDUM TO BOND This Addendum is in reference to the bond(s) to which it is attached. Merchants Bonding Company (Mutual) ("Merchants") deems the digital or electronic image of Merchants' corporate seal below affixed to the bond(s) to the same extent as if a raised corporate seal was physically stamped or impressed upon the bond(s). The digital or electronic seal below shall have the same force and effect as though manually fixed to the bond(s). All terms of the bond(s) remain the same. Signed and effective March 23, 2020. MERCHANTS BONDING COMPANY (MUTUAL) fl.A �4PUq ••1• • 1933 c; • ▪ � cti• • f •• By: '477 77/1°- Larry Taylor, President Page 142 of 464 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 December 4, 2023 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work, and release of retainage in the amount of $209,361.48 for work performed by Langman Construction, Inc., of Rock Island, Illinois, in conjunction with the US Highway 63 Sanitary Sewer Upgrades, Phase 1 Project, Contract No. 1037, receive and file a two-year maintenance bond, and authorizing the Mayor to execute said documents. RECOMMENDED COUNCIL ACTION Approve resolution for acceptance of work to Langman Construction, Inc. SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving completion of project. Recommendation of Acceptance of work,and release of retainage in the amount of $ 209,361.48 for work performed by Langman Construction Inc. of Rock Island, IL in Conjunction with the US Highway 63 Sanitary Sewer Upgrades Phase 1, Cont No. 1037 received and file two year maintenance bond, and authorizing Mayor to execute said document. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 143 of 464 ATTACHMENTS 1. 2023.11_Hwy63Ph I_FinalPayPkg_Langman Page 144 of 464 AECOM November 16, 2023 Mr. Randy Bennett Waste Management Services Department 3505 Easton Avenue Waterloo, Iowa 50702 Subject: US Highway 63 Sanitary Sewer Upgrades, Phase I City of Waterloo, Iowa City Contract No. 1037 AECOM #60671367 Dear Mr. Bennett: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax The construction work for the US Highway 63 Sanitary Sewer Upgrades, Phase I project is now complete. The final pay estimate (attached), including the release of the remainder of retainage, in the amount of $209,361.48 can be paid to Langman Construction, Inc., per the requirements of the contract. Also attached are the Final Quantity Summary, Reconciliation Change Order, and a copy of the Maintenance Bond. The original contract was for $7,190,038.90. With adjustments in quantities in the field and change orders, the final contract total was $6,857,871.36. The project has a net deduction of ($332,167.54). Please let us know if you have any questions. Yours sincerely, Ginger I. L'Heureux, PE Attachment: As Noted LADCS\Projects\WTR\6067136763S Interceptor PhICRS\600_Construction_Su pport\650_Pay_Applications\PA#15ReIRetFinalQty_Langman_Hwy63 Ph I (11.23)\2023.11 _Hwy63Ph I_PA15_Memo.docx Page 145 of 464 PAY APPLICATION FOR US HIGHWAY 63 SANITARY SEWER UPGRADES, PHASE 1 City of Waterloo, Iowa Waterloo, Iowa AECOM Project No. 60671367 / 60651387 Period Ending: 10/11/23 Estimate No.: 15 & Release Retainage Contractor: Langman Construction, Inc. AECOM ITEM NO. ITEM CODE DESCRIPTION UNIT UNIT PRICE CONTRACT PROJECT TOTAL TO DATE CURRENT PERIOD %COMP TOTAL QUANTITY AMOUNT INSTALLED QUANTITY TOTAL INSTALLED AMOUNT QUANTITY JIM US HIGHWAY 63 SANITARY SEWER UPGRADES, PHASE 1 1 11,020-A MOBILIZATION LS $1,000,000.00 1.0 $ 1,000,000.00 1.00 $ 1,000,000.00 $ - 100.00% 2 8030-A TRAFFIC CONTROL L5 $7,000.00 1.0 $ 7,000.00 1.00 $ 7,000.00 $ - 100.00% 3 2010-C CLEARING AND GRUBBING L5 $25,000.00 1.0 $ 25,000.00 1.00 $ 25,000.00 $ - 100.00% 4 3010-B FOUNDATION ROCK TON $18.00 191.15 $ 3,440.70 191.15 $ 3,440.70 $ - 100.00% 5 3010-F TRENCH COMPACTION TESTING LS $5,000.00 1.0 $ 5,000.00 1.00 $ 5,000.00 $ - 100.00% 6 4010-L ABANDON, FILL AND PLUG 21 INCH SANITARY SEWER LF $15.00 2,863.0 $ 42,945.00 2,863.00 $ 42,945.00 $ - 100.00% 7 4010-H REMOVAL AND PLUG 21 INCH SANITARY SEWER LF $10.00 2,068.5 $ 20,685.00 2,068.50 $ 20,685.00 $ - 100.00% 8 4010-K ABANDON SANITARY SEWER MANHOLE EA $1,500.00 8.0 $ 12,000.00 8.00 $ 12,000.00 $ - 100.00% 9 6010-H REMOVAL SANITARY SEWER MANHOLE EA $1,000.00 7.0 $ 7,000.00 7.00 $ 7,000.00 $ - 100.00% 10 4060 CLEANING, INSPECTION AND TESTING OF SANITARY SEWER GRAVITY MAINS LS $5,000.00 1.0 $ 5,000.00 1.00 $ 5,000.00 $ - 100.00% 11 4010-A-2 18 INCH SANITARY SEWER GRAVITY MAIN -DIRECTIONAL DRILLING LF $230.00 1,123.5 $ 258,405.00 1,123.50 $ 258,405.00 $ - 100.00% 12 4010-A-1 24 INCH SANITARY SEWER GRAVITY MAIN - OPEN CUT LF $180.00 277.7 $ 49,986.00 277.70 $ 49,986.00 $ - 100.00% 13 4010-A-2 48 INCH SANITARY SEWER GRAVITY MAIN- OPEN CUT LF $615.00 6,402.35 $ 3,937,445.25 6,402.35 $ 3,937,445.25 $ - 100.00% 14 6010-A 48 INCH SANITARY SEWER GRAVITY MAIN -TRENCHLESS LF $2,000.00 0.00 $ - 0.00 $ - $ - 15 6010-A 48 INCH CIRCULAR SANITARY SEWER MANHOLE, SW-301 EA $13,000.00 4.0 $ 52,000.00 4.00 $ 52,000.00 $ - 100.00% 16 6010-A 72 INCH CIRCULAR SANITARY SEWER MANHOLE,SW-301 EA $25,000.00 0.00 $ - 0.00 $ - $ - 17 6010-A 84 INCH CIRCULAR SANITARY SEWER MANHOLE,SW-301 EA $26,000.00 2.0 $ 52,000.00 2.00 $ 52,000.00 $ - 100.00% 18 6010-A 96 INCH CIRCULAR SANITARY SEWER MANHOLE,SW-301 EA $29,000.00 6.0 $ 174,000.00 6.00 $ 174,000.00 $ - 100.00% 19 6010-A 120 INCH CIRCULAR SANITARY SEWER MANHOLE,SW-301 EA $55,000.00 1.0 $ 55,000.00 1.00 $ 55,000.00 $ - 100.00% 20 6010-A 48 INCH TEE -SECTION SANITARY SEWER MANHOLE, SW-305 EA $26,000.00 11.0 $ 286,000.00 11.00 $ 286,000.00 $ - 100.00% 21 6010-G CONNECTION TO EXISTING SANITARY MANHOLE EA $5,000.00 2.0 $ 10,000.00 2.00 $ 10,000.00 $ - 100.00% 22 7010-A 6 INCH PCC PAVEMENT SY $100.00 129.9 $ 12,990.00 129.90 $ 12,990.00 $ - 100.00% 23 7010-A 8 INCH PCC PAVEMENT SY $100.00 990.3 $ 99,030.00 990.30 $ 99,030.00 $ - 100.00% 24 7020-B 8 INCH HMA PAVEMENT SY $80.00 677.6 $ 54,208.00 677.60 $ 54,208.00 $ - 100.00% 25 7010-E 6 INCH PCC CURB AND GUTTER LF $50.00 387.1 $ 19,355.00 387.10 $ 19,355.00 $ - 100.00% 26 7030-H-2 GRAVEL SURFACING SY $15.00 334.7 $ 5,020.50 334.70 $ 5,020.50 $ - 100.00% 27 7030-B CURB AND GUTTER REMOVAL IF $10.00 394.0 $ 3,940.00 394.00 $ 3,940.00 $ - 100.00% 28 7040-H PAVEMENT REMOVAL 5Y $10.00 1,964.8 $ 19,648.00 1,964.80 $ 19,648.00 $ - 100.00% 29 9010-B SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 1SEED MIX ACRE $3,700.00 2.30 $ 8,510.00 2.30 $ 8,510.00 $ - 100.00% 30 9010-B SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 2 SEED MIX ACRE $3,700.00 8.80 $ 32,560.00 8.80 $ 32,560.00 $ - 100.00% 31 9010-B SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 4 SEED MIX ACRE $1,700.00 - $ - 0.00 $ - $ - 32 9010-B SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 5 SEED MIX ACRE $1,700.00 8.85 $ 15,045.00 8.85 $ 15,045.00 $ - 100.00% 33 9040-F-1 12" WATTLES IF $2.90 1,069.0 $ 3,100.10 1,069.00 $ 3,100.10 $ - 100.00% 34 9040-G-2-a DITCH CHECKS EA $50.00 76.0 $ 3,800.00 76.00 $ 3,800.00 $ - 100.00% 35 9040-E TEMPORARY ROLLED EROSION CONTROL PRODUCTS (RECP) SY $1.60 27,410.0 $ 43,856.00 27,410.00 $ 43,856.00 $ - 100.00% 36 9040-A-2 SWPPP REQUIREMENTS L5 $15,000.00 1.0 $ 15,000.00 1.00 $ 15,000.00 0.25 $ 3,750.00 100.00% SANITARY AND STORM SEWER DISCONNECT - DRAWINGS 10-55-01 THROUGH 10-55-06 37 6010-A STORM SEWER MANHOLE, SW-401, 48 INCH, EJ 1040 A COVER EA $3,800.00 1.0 $ 3,800.00 1.00 $ 3,800.00 $ - 100.00% 38 6010-A STORM SEWER MANHOLE, SW-401, 60 INCH, EJ 1040 A COVER EA $5,600.00 1.0 $ 5,600.00 1.00 $ 5,600.00 $ - 100.00% 39 6010-B INTAKE, SW-501 & SW-603 TYPE R GRATE EA $3,600.00 4.0 $ 14,400.00 4.00 $ 14,400.00 $ - 100.00% 40 6010-B INTAKE, SW-501 & SW-603 TYPE 6 GRATE EA $3,700.00 6.0 $ 22,200.00 6.00 $ 22,200.00 $ - 100.00% Page 146 of 464 41 6010-G CONNECTION TO EXISTING STORM SEWER STRUCTURE EA $1,200.00 1.0 $ 1,200.00 1.00 $ 1,200.00 $ - 100.00% 42 4030-B 4030-C 4030-D APRON WITH FOOTING AND GUARD, 12 INCH EA $2,400.00 1.0 $ 2,400.00 1.00 $ 2,400.00 $ - 100.00% 43 4030-B 4030-C 4030-D APRON WITH FOOTING AND GUARD, 18 INCH EA $2,700.00 1.0 $ 2,700.00 1.00 $ 2,700.00 $ - 100.00% 44 4020-A-1 STORM SEWER, DUCTILE IRON PIPE, 10-INCH DIA. - OPEN CUT LF $140.00 24.6 $ 3,444.00 24.60 $ 3,444.00 $ - 100.00% 45 4020-A-1 STORM SEWER, REINFORCED CONCRETE PIPE, 12-INCH DIA. - OPEN CUT LF $70.00 218.0 $ 15,260.00 218.00 $ 15,260.00 $ - 100.00% 46 4020-A-1 STORM SEWER, REINFORCED CONCRETE PIPE, 15-INCH DIA. - OPEN CUT LF $80.00 695.0 $ 55,600.00 695.00 $ 55,600.00 $ - 100.00% 47 4020-A-1 STORM SEWER, REINFORCED CONCRETE PIPE, 18-INCH DIA. - OPEN CUT LF $90.00 250.0 $ 22,500.00 250.00 $ 22,500.00 $ - 100.00% 48 7010-E 6 INCH PCC CURB AND GUTTER LF $50.00 - $ - 0.00 $ - $ - 49 7030-H-2 GRAVEL SURFACING SY $15.00 - $ - 0.00 $ - $ - 50 7040-H PAVEMENT REMOVAL SY $10.00 837.30 $ 8,373.00 837.30 $ 8,373.00 $ - 100.00% 51 6010-H REMOVE INTAKE EA $700.00 5.00 $ 3,500.00 5.00 $ 3,500.00 $ - 100.00% 52 4020-G REMOVAL OF STORM SEWER LF $10.00 85.00 $ 850.00 85.00 $ 850.00 $ - 100.00% 53 7040-A 3 INCH HMA PATCH SY $40.00 1,133.00 $ 45,320.00 1,133.00 $ 45,320.00 $ - 100.00% 54 2010-1 6 INCH MODIFIED SUBBASE SY $10.00 931.00 $ 9,310.00 931.00 $ 9,310.00 $ - 100.00% 55 9040-J EROSION STONE WITH ENGINEERING FABRIC TON $60.00 13.50 $ 810.00 13.50 $ 810.00 $ - 100.00% 56 9010-B HYDRAULIC SEEDING, FERTILIZING AND MULCHING ACRE $3,700.00 0.20 $ 740.00 0.20 $ 740.00 $ - 100.00% 57 CO-01 CO-1: 48-IN SANITARY SEWER GRAVITY MAIN OPEN CUT ANSBOROUGH LF $1,163.25 160.00 $ 186,120.00 160.00 $ 186,120.00 $ - 100.00% 58 CO-01 CO-1: RIPRAP, CLASS E WITH ENGINEERING FABRIC TONS $60.00 15.78 $ 946.80 15.78 $ 946.80 $ - 100.00% 59 CO-01 CO-1: PLANTS, NORWAY SPRUCE, 4-5 FEET TALL, INSTALLED EA $747.50 3.00 $ 2,242.50 3.00 $ 2,242.50 $ - 100.00% 60 CO-01 CO-1: 48-IN TEE SECTION, SW-305 MODIFIED WITH BEND AND STUB EA $40,000.00 2.00 $ 80,000.00 2.00 $ 80,000.00 $ - 100.00% 61 CO-02 CO-2: CONNECTION TO EXISTING SANITARY MANHOLE EA $5,000.00 2.00 $ 10,000.00 2.00 $ 10,000.00 $ - 100.00% 62 CO-02 CO-2:106.5LF OF 8-IN SANITARY SEWER GRAVITY MAIN LS $13,814.94 1.00 $ 13,814.94 1.00 $ 13,814.94 $ - 100.00% 63 C0-02 CO-2: TREE REMOVAL LS $2,339.84 1.00 $ 2,339.84 1.00 $ 2,339.84 $ - 100.00% 64 CO-02 CO-2: 8-IN INTERNAL DROP CONNECTION EA $2,670.73 1.00 $ 2,670.73 1.00 $ 2,670.73 $ - 100.00% 65 C0-02 CO-2: PLANTING OF THREE (3) COLORADO BLUE SPRUCE LS $2,760.00 1.00 $ 2,760.00 1.00 $ 2,760.00 $ - 100.00% Bold & Italic font represents quantity changes from Change Order 601, 802 CONTRACT TOTAL SUBMITTED TO DATE CURRENT PERIOD $ 6,857,871.36 $ 6,857,871.36 $ 3,750.00 100.00% CHANGE ORDERS NO. DESCRIPTION Item Number CHANGE ORDER AMOUNT ORIGINAL CONTRACT $ 7,190,038.90 01 REALIGNMENT, PIPE BORING REMOVAL FROM PROJECT, TREE REPLACEMENT $ (380,516.00) 02 CONNECTIONS, GRAVITY MAIN, TREE REMOVAL & TREE PLANTING $ 31,585.51 IN -FIELD QUANTITY ADJUSTMENTS various $ 16,762.95 CONTRACT TOTAL $ 6,857,871.36 THIS PAY PERIOD PAY ESTIMATE NO. 15 $ 3,750.00 STORED MATERIALS THIS PERIOD $ SUBTOTAL $ 3,750.00 RETAI NAGE THIS PERIOD 0.00% I $ TOTAL REQUESTED PAYMENT THIS PERIOD LESS RETAINAGE I $ (3,750.00) PROJECT TO DATE Pay Estimate No. 1 $ 73,866.60 Pay Estimate No. 2 $ 210,060.00 Page 147 of 464 Pay Estimate No. 3 $ 869,663.00 Pay Estimate No. 4 $ 435,265.00 Pay Estimate No. 5 $ 212,012.50 Pay Estimate No. 6 $ 982,435.00 Pay Estimate No. 7 $ 391,950.10 Pay Estimate No. 8 $ 1,066,478.20 Pay Estimate No. 9 $ 1,657,418.00 Pay Estimate No. 10 $ 745,818.53 Pay Estimate No. 11 $ 5,840.00 Pay Estimate No. 12 $ 196,769.03 Pay Estimate No. 13 $ 6,545.40 Pay Estimate No. 14 $ Pay Estimate No. 15 $ 3,750.00 WORK COMPLETED TO DATE I $ 6,857,871.36 TOTAL STORED MATERIALS TO DATE I $ - TOTAL REQUESTED PAYMENT TO DATE I $ 6,857,871.36 RETAINAGE TO DATE 0.00% I $ - TOTAL REQUESTED PAYMENT THIS PERIOD INCLUDING RETAINAGE $ 6,857,871.36 PREVIOUS PAYMENTS Pay Estimate No. 1 $ 172,401.85 Pay Estimate No. 2 $ 687,952.03 Pay Estimate No. 3 $ 1,207,979.29 Pay Estimate No. 4 $ 306,340.93 Pay Estimate No. 5 $ 256,574.04 Pay Estimate No. 6 $ 1,391,001.06 Pay Estimate No. 7 $ 298,931.11 Pay Estimate No. 8 $ 503,337.81 Pay Estimate No. 9 $ 1,061,757.11 Pay Estimate No. 10 $ 426,455.51 Pay Estimate No. 11 $ 5,548.00 Pay Estimate No. 12 $ 186,930.58 Pay Estimate No. 13 $ 6,218.13 Pay Estimate No. 14 $ 137,082.43 Previous Payment Subtotal I $ 6,648,509.87 REQUESTED PAYMENT - PAY ESTIMATE NO. i & Release Retainall $ 209,361.48 11/16/2023 Langman Construction, Inc. Date 11/15/23 Ginger L'iieuoeux, 9E, AECOM, 0r*c5Engineer Date City of Waterloo, Iowa Date LADES \ Projects \WTR\60671367_63 S_Interceptor_Ph_I_CRS\600_Construction_Support\650_Pay_Applications\PAR15ReIRetFinalQty_Langman_Hwy63Phl (11.23)\[2023.10 Hwy63Phl_PA15FinalQtyRelRet_Langman.xlsx]PA 15RelRet (Final) Page 148 of 464 FINAL QUANTITY SUMMARY US HIGHWAY 63 SANITARY SEWER UPGRADES, PHASE 1 CITY CONTRACT NO. 1037 AECOM NO. 60671367 / 60651387 ITEM NO. ITEM CODE ITEM UNIT BID PRICE ORIGINAL QUANTITY FINAL QUANTITY QUANTITY DIFFERENCE INCREASE/ DECREASE FINAL AMOUNT US HIGHWAY 63 SANITARY SEWER UPGRADES, PHASE 1 1 11,020-A MOBILIZATION LS $ 1,000,000 1.00 1.00 - $ - $ 1,000,000.00 2 8030-A TRAFFIC CONTROL LS $ 7,000 1.00 1.00 - $ - $ 7,000.00 3 2010-C CLEARING AND GRUBBING LS $ 25,000 1.00 1.00 - $ - $ 25,000.00 4 3010-B FOUNDATION ROCK TON $ 18 1,660.00 191.15 (1,468.9) $ (26,439.30) $ 3,440.70 5 3010-F TRENCH COMPACTION TESTING LS $ 5,000 1.00 1.00 - $ - $ 5,000.00 6 4010-L ABANDON, FILL AND PLUG 21 INCH SANITARY SEWER LF $ 15 2,958.00 2,863.00 (95.0) $ (1,425.00) $ 42,945.00 7 4010-H REMOVAL AND PLUG 21 INCH SANITARY SEWER LF $ 10 1,863.00 2,068.50 205.5 $ 2,055.00 $ 20,685.00 8 4010-K ABANDON SANITARY SEWER MANHOLE EA $ 1,500 9.00 8.00 (1.0) $ (1,500.00) $ 12,000.00 9 6010-H REMOVAL SANITARY SEWER MANHOLE EA $ 1,000 6.00 7.00 1.0 $ 1,000.00 $ 7,000.00 10 4060 CLEANING, INSPECTION AND TESTING OF SANITARY SEWER GRAVITY MAINS LS $ 5,000 1.00 1.00 - $ - $ 5,000.00 11 4010-A-2 18 INCH SANITARY SEWER GRAVITY MAIN -DIRECTIONAL DRILLING LF $ 230 1,123.50 1,123.50 - $ - $ 258,405.00 12 4010-A-1 24 INCH SANITARY SEWER GRAVITY MAIN - OPEN CUT LF $ 180 371.50 277.70 (93.8) $ (16,884.00) $ 49,986.00 13 4010-A-2 48 INCH SANITARY SEWER GRAVITY MAIN - OPEN CUT LF $ 615 6,213.00 6,402.35 189.4 $ 116,450.25 $ 3,937,445.25 14 6010-A 48 INCH SANITARY SEWER GRAVITY MAIN -TRENCHLESS LF $ 2,000 342.60 0.00 (342.6) $ (685,200.00) $ - 15 6010-A 48 INCH CIRCULAR SANITARY SEWER MANHOLE, SW-301 EA $ 13,000 3.00 4.00 1.0 $ 13,000.00 $ 52,000.00 16 6010-A 72 INCH CIRCULAR SANITARY SEWER MANHOLE, SW-301 * EA $ 25,000 1.00 0.00 (1.0) $ (25,000.00) $ - 17 6010-A 84 INCH CIRCULAR SANITARY SEWER MANHOLE,SW-301 EA $ 26,000 1.00 2.00 1.0 $ 26,000.00 $ 52,000.00 18 6010-A 96 INCH CIRCULAR SANITARY SEWER MANHOLE, SW-301 EA $ 29,000 5.00 6.00 1.0 $ 29,000.00 $ 174,000.00 19 6010-A 120 INCH CIRCULAR SANITARY SEWER MANHOLE, SW-301 EA $ 55,000 4.00 1.00 (3.0) $ (165,000.00) $ 55,000.00 20 6010-A 48 INCH TEE -SECTION SANITARY SEWER MANHOLE, SW-305 EA $ 26,000 11.00 11.00 - $ - $ 286,000.00 21 6010-G CONNECTION TO EXISTING SANITARY MANHOLE EA $ 5,000 1.00 2.00 1.0 $ 5,000.00 $ 10,000.00 22 7010-A 6 INCH PCC PAVEMENT SY $ 100 25.40 129.90 104.5 $ 10,450.00 $ 12,990.00 23 7010-A 8 INCH PCC PAVEMENT SY $ 100 373.80 990.30 616.5 $ 61,650.00 $ 99,030.00 24 7020-B 8 INCH HMA PAVEMENT SY $ 80 923.10 677.60 (245.5) $ (19,640.00) $ 54,208.00 25 7010-E 6 INCH PCC CURB AND GUTTER LF $ 50 95.00 387.10 292.1 $ 14,605.00 $ 19,355.00 26 7030-H-2 GRAVEL SURFACING SY $ 15 260.00 334.70 74.7 $ 1,120.50 $ 5,020.50 27 7030-B CURB AND GUTTER REMOVAL LF $ 10 95.00 394.00 299.0 $ 2,990.00 $ 3,940.00 28 7040-H PAVEMENT REMOVAL SY $ 10 1,582.30 1,964.80 382.5 $ 3,825.00 $ 19,648.00 29 9010-B SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 1 SEED MIX ACRE $ 3,700 1.10 2.30 1.2 $ 4,440.00 $ 8,510.00 30 9010-B SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 2 SEED MIX ACRE $ 3,700 7.11 8.80 1.7 $ 6,253.00 $ 32,560.00 31 9010-B SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 4 SEED MIX ACRE $ 1,700 1.10 0.00 (1.1) $ (1,870.00) $ - 32 9010-B SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 5 SEED MIX ACRE $ 1,700 7.11 8.85 1.7 $ 2,958.00 $ 15,045.00 33 9040-F-1 12" WATTLES LF $ 3 8,396.80 1,069.00 (7,327.8) $ (21,250.62) $ 3,100.10 34 9040-G-2-a DITCH CHECKS EA $ 50 30.00 76.00 46.0 $ 2,300.00 $ 3,800.00 35 9040-E TEMPORARY ROLLED EROSION CONTROL PRODUCTS (RECP) SY $ 2 27,477.30 27,410.00 (67.3) $ (107.68) $ 43,856.00 36 9040-A-2 SWPPP REQUIREMENTS LS $ 15,000 1.00 1.00 - $ - $ 15,000.00 SANITARY & STORM SEWER DISCONNECT -- DRAWINGS 10-SS-01 Through 10-SS-06 37 6010-A STORM SEWER MANHOLE, SW-401, 48 INCH, El 1040 A COVER EA $ 3,800 1.00 1.00 - $ - $ 3,800.00 38 6010-A STORM SEWER MANHOLE, SW-401, 60 INCH, EJ 1040 A COVER EA $ 5,600 1.00 1.00 - $ - $ 5,600.00 39 6010-B INTAKE, SW-501 & SW-603 TYPE R GRATE EA $ 3,600 3.00 4.00 1.0 $ 3,600.00 $ 14,400.00 40 6010-B INTAKE, SW-501 & SW-603 TYPE 6 GRATE EA $ 3,700 7.00 6.00 (1.0) $ (3,700.00) $ 22,200.00 41 6010-G CONNECTION TO EXISTING STORM SEWER STRUCTURE EA $ 1,200 1.00 1.00 - $ - $ 1,200.00 42 4030-B 4030-C 4030-D APRON WITH FOOTING AND GUARD, 12 INCH EA $ 2,400 1.00 1.00 - $ - $ 2,400.00 43 4030-B 4030-C 4030-D APRON WITH FOOTING AND GUARD, 18 INCH EA $ 2,700 1.00 1.00 - $ - $ 2,700.00 44 4020-A-1 STORM SEWER, DUCTILE IRON PIPE, 10-INCH DIA. - OPEN CUT LF $ 140 24.60 24.60 - $ - $ 3,444.00 45 4020-A-1 STORM SEWER, REINFORCED CONCRETE PIPE, 12-INCH DIA. - OPEN CUT LF $ 70 219.40 218.00 (1.4) $ (98.00) $ 15,260.00 46 4020-A-1 STORM SEWER, REINFORCED CONCRETE PIPE, 15-INCH DIA. - OPEN CUT LF $ 80 690.60 695.00 4.4 $ 352.00 $ 55,600.00 47 4020-A-1 STORM SEWER, REINFORCED CONCRETE PIPE, 18-INCH DIA. - OPEN CUT LF $ 90 253.80 250.00 (3.8) $ (342.00) $ 22,500.00 48 7010-E 6 INCH PCC CURB AND GUTTER LF $ 50 70.00 0.00 (70.0) $ (3,500.00) $ 49 7030-H-2 GRAVEL SURFACING SY $ 15 14.50 0.00 (14.5) $ (217.50) $ - 50 7040-H PAVEMENT REMOVAL SY $ 10 1,221.00 837.30 (383.7) $ (3,837.00) $ 8,373.00 51 6010-H REMOVE INTAKE EA $ 700 5.00 5.00 - $ - $ 3,500.00 52 4020-G REMOVAL OF STORM SEWER LF $ 10 107.00 85.00 (22.0) $ (220.00) $ 850.00 53 7040-A 3 INCH HMA PATCH SY $ 40 356.00 1,133.00 777.0 $ 31,080.00 $ 45,320.00 54 2010-1 6 INCH MODIFIED SUBBASE SY $ 10 356.00 931.00 575.0 $ 5,750.00 $ 9,310.00 55 9040-1 EROSION STONE WITH ENGINEERING FABRIC TON $ 60 13.00 13.50 0.5 $ 30.00 $ 810.00 56 9010-B HYDRAULIC SEEDING, FERTILIZING AND MULCHING ACRE $ 3,700 0.40 0.20 (0.2) $ (740.00) $ 740.00 ORIGINAL CONTRACT INCREASE/DECREASE $ (633,062.35) Page 149 of 464 CONTRACT MODIFICATIONS INCREASE/DECREASE 57 CO-01 CO-1: 48-IN SANITARY SEWER GRAVITY MAIN OPEN CUT ANSBOROUGH LF $ 1,163.25 160.00 160.00 0.00 $ - $ 186,120.00 58 CO-01 CO-1: RIPRAP, CLASS E WITH ENGINEERING FABRIC TONS $ 60.00 100.00 15.78 (84.22) $ (5,053.20) $ 946.80 59 CO-01 CO-1: PLANTS, NORWAY SPRUCE, 4.5 FEET TALL, INSTALLED EA $ 747.50 3.00 3.00 0.00 $ - $ 2,242.50 60 CO-01 CO-1: 48-IN TEE SECTION, SW-305 MODIFIED WITH BEND AND STUB EA $ 40,000.00 2.00 2.00 0.00 $ - $ 80,000.00 61 CO-02 CO-2: CONNECTION TO EXISTING SANITARY MANHOLE EA $ 5,000.00 2.00 2.00 0.00 $ - $ 10,000.00 62 CO-02 CO-2: 106.5 LF OF 8-IN SANITARY SEWER GRAVITY MAIN LS $ 13,814.94 1.00 1.00 0.00 $ - $ 13,814.94 63 CO-02 CO-2: TREE REMOVAL LS $ 2,339.84 1.00 1.00 0.00 $ - $ 2,339.84 64 CO-02 CO-2: 8-IN INTERNAL DROP CONNECTION EA $ 2,670.73 1.00 1.00 0.00 $ - $ 2,670.73 65 CO-02 CO-2: PLANTING OF THREE (3) COLORADO BLUE SPRUCE LS $ 2,760.00 1.00 1.00 0.00 $ - $ 2,760.00 Pay Estimate Number 1 $172,401.85 Pay Estimate Number 2 $687,952.03 Pay Estimate Number 3 $1,207,979.29 Original Contract Amount $ 7,190,038.90 Pay Estimate Number 4 $306,340.93 Original Contract Modification Amount $ (633,062.35) Pay Estimate Number 5 $256,574.04 Increase/Decrease Contract Modification $ 300,894.81 Pay Estimate Number 6 $1,391,001.06 Final Contract Amount $ 6,857,871.36 Pay Estimate Number 7 $298,931.11 Pay Estimate Number 8 $503,337.81 Overall Reduction in Cost: $ (332,167.54) Pay Estimate Number 9 $1,061,757.11 Pay Estimate Number 10 $426,455.51 Pay Estimate Number 11 $5,548.00 Pay Estimate Number 12 $186,930.58 Pay Estimate Number 13 $6,218.13 Pay Estimate Number 14 $137,082.43 Pay Estimate Number 15 (Release Retainage) $209,361.49 Total All Payments $6,857,871.36 Page 150 of 464 City of Waterloo, Iowa Waste Management Services Department 3505 Easton Ave Waterloo, IA 50702 (319) 291-4553 Contractor: Langman Construction, Inc. Attn. Brian Gaul 220-34th Avenue Rock Island, IL 61201 CHANGE ORDER Distribution: Owner Engineer Contractor Other Project Title US HIGHWAY 63 SANITARY SEWER UPGRADES, PHASE 1 Waterloo Project File No. 1037 Orig. Contract Amt. & Date $ 7,190,038.90 I 10/18/2021 Change Order No. 3 Date November 15, 2023 THE CONTRACT IS CHANGED AS FOLLOWS: This change order is to revise original quantities to match final field measured quantities. Item Description Unit Unit Cost Quantity Adjustment Value Adjustment 4 FOUNDATION ROCK TON 18.00 (1,468.85) $ (26,439.30) 6 ABANDON, FILL AND PLUG 21 INCH SANITARY SEWER LF 15.00 (95.00) $ (1,425.00) 7 REMOVAL AND PLUG 21 INCH SANITARY SEWER LF 10.00 205.50 $ 2,055.00 8 ABANDON SANITARY SEWER MANHOLE EA 1,500.00 (1.00) $ (1,500.00) 9 REMOVAL SANITARY SEWER MANHOLE EA 1,000.00 1.00 $ 1,000.00 13 48 INCH SANITARY SEWER GRAVITY MAIN - OPEN CUT LF 615.00 4.45 $ 2,736.75 15 48 INCH CIRCULAR SANITARY SEWER MANHOLE, SW-301 EA 13,000.00 1.00 $ 13,000.00 18 96 INCH CIRCULAR SANITARY SEWER MANHOLE, SW-301 EA 29,000.00 1.00 $ 29,000.00 19 120 INCH CIRCULAR SANITARY SEWER MANHOLE, SW-301 EA 55,000.00 (1.00) $ (55,000.00) 21 CONNECTION TO EXISTING SANITARY MANHOLE EA 5,000.00 1.00 $ 5,000.00 22 6 INCH PCC PAVEMENT SY 100.00 30.50 $ 3,050.00 23 8 INCH PCC PAVEMENT SY 100.00 437.30 $ 43,730.00 24 8 INCH HMA PAVEMENT SY 80.00 (245.50) $ (19,640.00) 25 6 INCH PCC CURB AND GUTTER LF 50.00 48.10 $ 2,405.00 26 GRAVEL SURFACING SY 15.00 74.70 $ 1,120.50 27 CURB AND GUTTER REMOVAL LF 10.00 55.00 $ 550.00 28 PAVEMENT REMOVAL SY 10.00 129.30 $ 1,293.00 29 SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 1 SEED MIX ACRE 3,700.00 1.20 $ 4,440.00 30 SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 2 SEED MIX ACRE 3,700.00 1.69 $ 6,253.00 31 SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 4 SEED MIX ACRE 1,700.00 (1.10) $ (1,870.00) 32 SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING - TYPE 5 SEED MIX ACRE 1,700.00 1.74 $ 2,958.00 33 12"WATTLES LF 2.90 (7,327.80) $ (21,250.62) 34 DITCH CHECKS EA 50.00 46.00 $ 2,300.00 35 TEMPORARY ROLLED EROSION CONTROL PRODUCTS (RECP) SY 1.60 (67.30) $ (107.68) 39 INTAKE, SW-501 & SW-603 TYPE R GRATE EA 3,600.00 1.00 $ 3,600.00 40 INTAKE, SW-501 & SW-603 TYPE 6 GRATE EA 3,700.00 (1.00) $ (3,700.00) 45 STORM SEWER, REINFORCED CONCRETE PIPE, 12-INCH DIA. - OPEN CUT LF 70.00 (1.40) $ (98.00) 46 STORM SEWER, REINFORCED CONCRETE PIPE, 15-INCH DIA. - OPEN CUT LF 80.00 4.40 $ 352.00 47 STORM SEWER, REINFORCED CONCRETE PIPE, 18-INCH DIA. - OPEN CUT LF 90.00 (3.80) $ (342.00) 48 6 INCH PCC CURB AND GUTTER LF 50.00 (70.00) $ (3,500.00) 49 GRAVEL SURFACING SY 15.00 (14.50) $ (217.50) 50 PAVEMENT REMOVAL SY 10.00 (383.70) $ (3,837.00) 52 REMOVAL OF STORM SEWER LF 10.00 (22.00) $ (220.00) 53 3 INCH HMA PATCH SY 40.00 777.00 $ 31,080.00 54 6 INCH MODIFIED SUBBASE SY 10.00 575.00 $ 5,750.00 55 EROSION STONE WITH ENGINEERING FABRIC TON 60.00 0.50 $ 30.00 56 HYDRAULIC SEEDING, FERTILIZING AND MULCHING ACRE 3,700.00 (0.20) $ (740.00) 58 CO-1: RIPRAP, CLASS E WITH ENGINEERING FABRIC TONS 60.00 (84.22) $ (5,053.20) TOTAL $ 16,762.95 CHANGE ORDER SUMMARY The Original Contract Sum was $ 7,190,038.90 Net Change by previously authorized Change Orders $ (348,930.49) The Contract Sum prior to This Change Order was $ 6,841,108.41 The Contract Sum will be increased by this Change Order in the amount of $ 16,762.95 The new Contract Sum including this Change Order will be $ 6,857,871.36 The Contract Time will be changed by NA The date of Final Completion as of the date of this Change Order therefore is November 01, 2023 NOT VALID UNTIL SIGNED BY THE CONTRACTOR, OWNER'S REPRESENTATIVE (if applicable) AND OWNER Contractor: Recommended By: Checked By: Langman Constr/{ctipn, I I i� AECOM WMS, City of Waterloo, IA Signature: lam,{ Signature: Signature: Name: Brian Gaul Name: Ross A. Hillsman, PE Name: Brian Bowman Title: Project Manager Title: Project Manager Title: Operations Director Date: 11/16/2023 Date: Date: L:\DC5\Projects\WTR\6067136763SInterceptorPhICRS\600_Construction_Support\650_Pay_Applications\ PAri15ReIRetFinalQty_Langman_Hwy63Phl(11.23)\[2023.10_Hwy63Phl_PA15FinalQtyRelRet_Langman.xlsx]ReconCO Page 151 of 464 /EMC Bond No. S027022 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS That Langman Construction, Inc of Employers Mutual Casualty Company 220 34th Ave PO Box 7206 Rock Island. IL 61201 as Principal, and EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa as Surety, are firmly bound unto City of Waterloo, Iowa (hereinafter called Obligee) in the Penal Sum of ��..E>,..a,,••0 S-^TM.A�E04.4-^*•-^rOMD•°-•ar^�•• ($ $6,857,871.36 ) Dollars lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal has completed a certain contract, US Highway 63 Sanitary Sewer Upgrades - Phase I, Contract No, 1037 said contract for acceptance by the Obligee. in conformity with certain specifications; and submits Whereas, a further condition of said contract is that the said principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 2 years from the date of acceptance of the work under said contract, and Whereas, the said EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa for a valuable consideration, has agreed to join with said principal in such bond or guarantee, indemnifying said Obligee. as aforesaid; Now, therefore, the Condition of This Obligation is such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop in said work, within the period of 2 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Date of Formal Acceptance of Contract: Signed and delivered this 8th November 1 20 23 November Day of 20 23 Bond Approved: Langman Construction, Inc 20 7231 (03/09) By: EMPLOYERS MUTUAL CASUALTY COMPANY Sur By: at )• LLB.. s lyn B Tu ker Attorney -in -fact Page 152 of 464 EMC P.O. Box 712 • Des Molnes, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4, Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as 'Companies", each does, by these presents. make, constitute and appoint: Ashlyn B Tucker its true and lawful attorney -in -fact, with full power and authonty conferred to sign, seal, and execute the Bid Bond In an amount not exceeding Ten Million Dollars $10,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company. and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President. the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto. bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomeyin-fact at any time and revoke the power and authority given to him or her. Attomeys•in-fact shall have power and authority, subject to the terms and limitations of the power-of•attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certificajtion as to the validity of any power•ot-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer. whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be sign d for each by their officers as shown. and the Corporate seals to be hereto affixed this 22nd day of September , 2022 . Seals SEAL ` :r C- SEAL -1 ` 1953 •,,,,, ,,v;ilni ,, .. , SEAL KATHY LOVEI9IDGE Corrrdabn Notbr71070 My Cernrniesion OO J ott R. Jean, P of Company 1 & CEO of Comp ?ident & CEO man, President ies2,3,4.5&6 aid t, Todd Strother,Executive Vice President Chief Legal Officer & Secretary of Companies 1, 2, 3, 4.5 & 6 On this 22nd day of September 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman. President, Executive Vice President, Chief Legal Officer andror Secretary, respectively. of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations: that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed. and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. CERTIFICATE I. Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of lkie Companies, and This Power of Attorney issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 8th_ day of NovembeL______ _ . 2023... Notary Publi in and for the State o _ Vice President 7854 (9-22) B024082-NA M6043 969 A 000000 "For verification of the authenticity of the Power of Attorney you may call (515) 345.7545." Page 153 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Keith Kaspari, Director of Aviation Airport Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Resolution approving Completion of Project and Acceptance of Work for work performed by Ward Diesel Filter Systems, in the amount of $22,104.00, in conjunction with the Waterloo Regional Airport ARFF Vehicle Exhaust Project, FAA AIP 3-19-0094-055, AECOM Project No. 60675091, and authorizing the Airport Director to execute said documents. RECOMMENDED COUNCIL ACTION Approve of the above request by Airport Staff. SUMMARY STATEMENT AND BACKGROUND INFORMATION This project is for the completion of the installation of two (one each) diesel exhaust filters on both City and Airport -owned fire trucks at Waterloo Regional Airport. NEIGHBORHOOD IMPACT N/A DATA, ANALYSIS, AND STRATEGIES N/A IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION N/A COMMUNITY ENGAGEMENT METHODS N/A SOURCE OF EXPENDITURES The funds for this project at 100% was derived initially by the City of Waterloo, serving as grant Sponsor, via the Federal Aviation Administration with FAA CARES Act Grant No: 48, but an internal FAA Grant issued during the summer of 2023 - No: 3-19-0094-0055 (CARES). ALTERNATIVE ACTION N/A LEGAL DESCRIPTION N/A Page 154 of 464 ATTACHMENTS 1. KK111223.ARFF Exhaust Acceptance Page 155 of 464 AECOMImagine It. AECOM Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com November 12, 2023 Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: ARFF Vehicle Exhaust Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-055 AECOM Project No. 60675091 Dear Mr. Kaspari: By this letter, we hereby state: 1. We have made a final review of the project on November 6, 2023, reviewed follow up information and recommend acceptance. 2. To the best of our knowledge and belief, based on observations of AECOM, the contractor, Ward Diesel Filter Systems has performed the work in accordance with the contract requirements in effect for the above -referenced project. 3. The total cost of the completed work is $ 22,104.00. ,, ,,, 0,0„es,'�oeessto,v :; Q '.( ''-. h DAVID B. 1, 1- W • HUGHES :2 ^ = o ; 13037 ;,� , ,.••' %, gn,uo iw, m„+�"os, illLicense I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the state of Iowa. Hughes, David (Des Digitally signed by Hughes, David (Des Moines) Moines) Date: 2023.11.12 11:42:05 -06'00' David B. Hughes No. 13037 My license renewal date is December 31, 2023. Pages or sheets covered by this seal: Date aecom.com 1/1 Page 156 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Chris Youngblut, Information Services Director Information Services Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Resolution approving a Request for Proposals for the FY2024 Fiber Optic Network Asset Management Project, Contract 1098. 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. FY 2024 FIBER OPTIC NETWORK ASSET MANAGEMENT CONTRACT 1098 Page 157 of 464 REQUEST FOR PROPOSAL F.Y. 2024 FIBER OPTIC NETWORK ASSET MANAGEMENT Waterloo Fiber City of Waterloo, IA CITY OF 9Z(4TERLOO 101NA Community of Opportunity November 2023 CONTRACT NO. 1098 City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 158 of 464 Table of Contents 1. INTRODUCTION 2. ADMINISTRATIVE INFORMATION 3. FORM AND CONTENT OF PROPOSALS 4. SCOPE OF WORK 5. SPECIFICATIONS 6. EVALUATION AND SELECTION 7. CONTRACTUAL TERMS AND CONDITIONS City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 159 of 464 SECTION 1 INTRODUCTION 1.1 Purpose The City of Waterloo, Iowa (City) and the Municipal Telecommunications Utility (MTU) of the City of Waterloo are soliciting sealed proposals for the purpose of identifying an appropriate vendor to supply fiber asset management, conduit assets and mapping software to be used to document and manage existing and planned City and Waterloo Fiber (WF) Outside Plant (OSP), allowing the City to accurately document the location and status of fiber assets within the City. The City has begun implementation of its high-speed Fiber -To -The -Premise (FTTP) 10 Gigabit Symmetrical -Passive Optical Network (XGS-PON) communications Network. The City is seeking a turnkey go -live ready system including all required software, installation materials, and professional services to implement the WF network described in this RFP. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted. Bids may be held by the City, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the responsibility of bidders, prior to awarding the contract. The City desires to establish, where possible, a direct relationship with all equipment and software manufacturers in the Proposed Solution. Therefore, any components in the Proposed Solution that are available for direct purchase by the City from the manufacturer must be quoted to allow for direct purchase. All manufacturer lead times for equipment must be included in the Proposed Solution. Scope of work service requirements are more particularly identified in Section 4 of this RFP. Specifications and compatibility requirements are more particularly identified in Section 5 of this RFP. The City has contracted the services of Magellan to manage the selection, procurement, and integration of their new network. All references to "WF", "Waterloo Fiber", and "Waterloo Fiber personnel" include City and Magellan staff by extension. The Bidder is solely responsible for ensuring all equipment, software, and services required to fully commission the network as described by this RFP and its supporting documents are included in their Proposed Solution. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 160 of 464 1.2 Definitions The City has made every effort to use industry standard terminology throughout this RFP and to provide clear definitions unique to the context. If the prospective Bidder has questions on terminology or context, it is the responsibility of the Bidder to request clarification in writing. Likewise, the Bidder should define terms that may be unclear in their proposal. The following definitions and clarifications are provided: Term 1 Definition City City of Waterloo, IA CSP (Communication Service Provider) A commercial telecommunications provider offering some combination of information, entertainment, and/or application services to retail and/or wholesale customers over a network by leveraging the infrastructure as a rich, functional platform. MTU (Municipal Telecommunications The new retail CSP created by the City of Waterloo, Utility) IA. WF (Waterloo Fiber) RFP (Request for Proposal) Proposed Solution The marketing brand of the broadband system operated by the MTU (MTU dba/WF). Consists of this requirements document with all its exhibits and attachments. Defined as all materials, software, licensing, and labor necessary to implement the turn -key system described and required by this RFP. Owner The City to include their designated project managers, staff, and consultants. Bidder A Bidder submitting a Proposed Solution purported to satisfy the requirements of the RFP. Contract The contract(s) entered into with the successful Bidder(s) as described in Section 7.1. Qualified Bidder A Bidder that has the capability in all material respects to perform the scope of work and specifications of the Contract. In determining whether a Bidder is a Qualified Bidder, the Owner may consider various factors including, but not limited to, the Bidder's competence and qualifications to provide the goods or services requested, the Bidder's integrity and reliability, the past performance of the Bidder and the best interest of the Owner. Qualified Proposal A Proposal that complies with the material provisions of this RFP. ISP (Inside Plant infrastructure All racks, cable management, power, cooling, electronics, and installation components located inside an environmentally controlled structure. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 161 of 464 OSP (Outside Plant Infrastructure) Project Completion 1 Fiber optic cable, vaults, cabinets, pedestals, splice enclosures, and installation components located underground and/or aerially on poles. Defined as the time when the Bidder has: • delivered, installed, configured, and successfully tested the proposed network, and • provided all required documentation and training, and • received final acceptance from the Owner 1.3 Overview of the RFP Process This RFP is designed to provide Bidders with the information necessary to develop a Proposed Solution. The RFP process is for the Owner's benefit and is intended to provide the Owner with competitive information to assist in the selection process. It is not intended to be comprehensive. Each Bidder is solely responsible for determining all factors affecting the design, configuration, and implementation of a comprehensive proposal that will accomplish the technical and business goals described by this RFP. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 162 of 464 1.4 RFP Schedule The Owner will make every effort to adhere to the following schedule leading to the award of a contract; however, this schedule is subject to change. Bidders will be notified of significant schedule changes: Project Calendar Anticipated Event Dates: • Issuance of the RFP December 7, 2023 • Non -Mandatory Pre -Bid Meeting December 12, 2023 • Final Submission of Bidders' Questions December 15, 2023 • Response to Bidders' Questions December 21, 2023 • Proposals Due January 4, 2023 • City consideration of proposals & approval of award of Contract January 16, 2024 Utility consideration of proposals & approval of award of Contract January 17, 2024 0_ Contract Signed and Mobilization Commences January 29, 2024 • Commence Installation February 12, 2024 • Complete Installation No Later Than TBD 1.5 Proposal Submission On behalf of the City of Waterloo and the Municipal Telecommunications Utility of the City of Waterloo, notice is hereby given that sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 4th day of January, 2024 before 1:00 p.m. for the F.Y. 2024 FIBER OPTIC NETWORK ASSET MANAGEMENT, Contract No. 1098, Proposals received after the deadline for submission of bids as stated herein shall not be considered and shall be returned to the late Bidder unopened. 1.6 Project Acceptance The Bidder must demonstrate to the Owner full and complete compliance with all requirements in the RFP and must successfully complete an Acceptance Test Plan (ATP) to validate the operational performance of the Proposed Solution to receive final acceptance for Project Completion. The Owner reserves the right to withhold final payment until the Bidder meets all requirements in this RFP to the Owner's satisfaction. The Bidder shall provide as part of their proposal a list of acceptance tests in addition to those in Section 4 that they believe best demonstrate the operation and performance of the City and WF networks as described in this RFP. The specific ATP tests and procedures to perform them will be developed jointly by the Owner and Bidder during implementation of the Proposed Solution. After completion of the network implementation, the Owner will review the scope of work in Section 4 to determine if the Proposed Solution as installed satisfies the RFP requirements. The City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 163 of 464 Owner will document in writing any deficiencies discovered, and upon the Bidder's completion or correction of these items, the Owner shall authorize final payment to the Bidder. 1.7 Deployment Strategy and Schedule The Bidder shall work with the Owner to ensure that the necessary site preparations (server installation) are made to support the February 12, 2024, Commencement Installation Date and that the necessary equipment and services are shipped/delivered in a timely manner. The Bidder shall provide in their Proposal an estimated timeline relative to the contract award date with projected milestones including equipment delivery, high level design, equipment installation, acceptance testing, and Project Completion. If applicable, no equipment shall be shipped or invoiced without prior written approval from the Owner. 1.8 Project Contract Requirements The Owner will award the Contract to the Bidder whose proposal the Owner believes will provide the best value to the Owner. The City reserves the right to reject any or all proposals, re -advertise for new proposals, and to waive informalities in the proposals submitted. Proposals may be held by the City, for a period not to exceed thirty (30) days from the day of the opening of proposals for the purpose of reviewing the proposals and investigating the responsibility of Bidders, prior to awarding the Contract. The Owner desires to establish, where possible, a direct relationship with all software manufacturers in the Proposed Solution. Therefore, any components in the Proposed Solution that are available for direct purchase by the Owner from the manufacturer must be quoted to allow for direct purchase. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 164 of 464 SECTION 2 ADMINISTRATIVE INFORMATION 2.1 Restriction on Communication From the issue date of this RFP until a Notice of Intent to Award the Contract is issued, Bidders may contact only the Issuing Officer, Michael Regan (mregan@entrustsol.com). The Issuing Officer will respond only to written questions regarding the procurement process. Questions related to the interpretation of this RFP must be submitted as provided in Section 2. Oral questions related to the interpretation of this RFP will not be accepted. Bidders may be disqualified if they contact any City of Waterloo employee or official other than the Issuing Officer about the RFP. This section shall not be construed as restricting communications related to the administration of any Contract currently in effect between a Bidder and the City of Waterloo. 2.2 Downloading the RFP from the Internet The RFP document and any addenda to the RFP will be posted at the Waterloo municipal government bids website. The Bidder is advised to check the website periodically for Addenda to this RFP, particularly if the Bidder downloaded the RFP from the Internet as the Bidder may not automatically receive addenda. It is the Bidder's sole responsibility to check daily for addenda to posted documents. 2.3 Procurement Timetable The dates provided in the procurement schedule within this RFP are provided for informational and planning purposes. The Owner reserves the right to change the dates. If the Owner changes any of the deadlines for Bidder submissions, the Owner will issue an addendum to the RFP. 2.4 Non -Mandatory Pre -Proposal Conference On behalf of the City of Waterloo and the Municipal Telecommunications Utility (MTU) of the City of Waterloo, notice is hereby given that sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 4th day of January, 2024 before 1:00 p.m. for the F.Y. 2024 FIBER OPTIC NETWORK ASSET MANAGEMENT, Contract No. 1098. Proposals received after the deadline for submission of bids as stated herein shall not be considered and shall be returned to the late bidder unopened. A Non -Mandatory Pre -Bid Meeting will be held at 10:00 am local time on December 12, 2023 join via Microsoft Teams video conference, Meeting ID: 239 517 467 582, Passcode: CrtK6F, Click here to join the meeting Inquiries should Be Directed to: Michael Regan, via email only at: mregan@entrustsol.com. All questions must be submitted via e-mail before 5:00 pm, Friday, December 15, 2023. RFP documents may be examined at the City Clerk's Office. Electronic copies of RFP documents in PDF format are available for download on the Waterloo municipal government bids website. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 165 of 464 It shall be the responsibility of the Bidder to monitor the City's website and above noted e- procurement websites for published addenda. All fully executed addendum must be returned to Owner with proposal submission. Owner will not accept faxed or emailed addenda. In Compliance with this RFP and to All the Conditions Imposed Therein and Hereby Incorporated by Reference, the Undersigned Offers, And Agrees to Furnish Services requested in the solicitation. The pre -bid conference may be recorded. Questions asked at the conference that cannot be adequately answered during the conference may be deferred. A copy of the questions and answers will be sent to Bidders who submit a letter of intent to propose and will be posted in the form of an addendum at: the Waterloo municipal government bids website. 2.5 Questions, Requests for Clarification, and Suggested Changes Bidders -are invited to submit written questions and requests for clarifications regarding the RFP. Bidders may also submit suggestions for changes to the specifications of this RFP. The questions, requests for clarifications, or suggestions must be in writing and received by Michael Regan, Issuing Officer, on or before the date and time listed within the RFP. Oral questions will not be permitted. If the questions, requests for clarifications, or suggestions pertain to a specific section of the RFP, Bidder shall reference the page and section number(s). The Owner will send written responses to questions, requests for clarifications, or suggestions received from Bidders before the date listed within the RFP. Owner's written responses will become an addendum to the RFP. If the Owner decides to adopt a suggestion that modifies the RFP, the Owner will issue an addendum to the RFP. The Owner assumes no responsibility for oral representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFP through an addendum. 2.6 Amendment to the RFP The Owner reserves the right to amend the RFP at any time using an addendum. The Bidder shall acknowledge receipt of all addenda in its Proposal. 2.7 Amendment and Withdrawal of Proposal The Bidder may amend or withdraw and resubmit its Proposal at any time before the Proposals are due. The amendment must be in writing, signed by the Bidder and received by the time set for the receipt of Proposals. Electronic mail and faxed amendments will not be accepted. Bidders must notify Michael Regan, Issuing Officer, in writing prior to the due date for Proposals if they wish to completely withdraw their Proposals. 2.8 Proposal Opening The Owner will open Proposals after the deadline for submission of Proposals has passed. The Proposals will remain confidential until the Owner has issued a Notice of Intent to Award a Contract. However, the names of Bidders who submitted timely Proposals will be publicly available after the Proposal opening. The announcement of Bidders who timely submitted Proposals does not mean that an individual Proposal has been deemed technically compliant or accepted for evaluation. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 166 of 464 Proposals will be considered by the City of Waterloo at its meeting at 5:30 pm on January 16, 2024 and the Board of Trustees of the Municipal Telecommunications Utility at its meeting at 4:00 pm on January 17, 2024, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. The Council and Board may approve awarding a Contract at said meetings, or at such other time and place as shall then be announced. 2.9 Costs of Preparing the Proposal The costs of preparation and delivery of the Proposal are solely the responsibility of the Bidder. 2.10 No Commitment to Contract The Owner reserves the right to reject any or all Proposals received in response to this RFP at any time prior to the execution of the Contract. Issuance of this RFP in no way constitutes a commitment by the Owner to award a contract. 2.11 Rejection of Proposals The Owner may reject outright and not evaluate a Proposal for reasons including, without limitation: 2.11.1 The Bidder -fails to deliver a complete Proposal. 2.11.2 The Bidder -acknowledges that a mandatory specification of the RFP cannot be met. 2.11.3 The Bidder's Proposal changes a material specification of the RFP or the Proposal is not compliant with the mandatory specifications of the RFP. 2.11.4 The Bidder's Proposal limits the rights of the Owner. 2.11.5 The Bidder -fails to include information necessary to substantiate that it will be able to meet a specification of the RFP as provided in Section 5 of this RFP. 2.11.6 The Bidder fails to timely respond to the Owner's request for information, documents, or references. 2.11.7 The Bidder -presents the information requested by this RFP in a format inconsistent with the instructions of the RFP or otherwise fails to comply with the specifications of this RFP. 2.11.8 The Bidder -initiates unauthorized contact regarding the RFP with a City employee or official other than, Michael Regan, Issuing Officer. 2.11.9 The Bidder -provides misleading or inaccurate responses. 2.11.10 The Bidder's Proposal is materially unbalanced. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 167 of 464 2.11.11 There is insufficient evidence (including evidence submitted by the Bidder and evidence obtained by the Owner from other sources) to satisfy the Owner that the Bidder -is a Qualified Bidder. 2.12 Reference Checks The Owner reserves the right to contact any reference to assist in the evaluation of the Proposal, to verify information contained in the Proposal and to discuss the Bidder's qualifications and the qualifications of any subcontractor identified in the Proposal. 2.13 Information from Other Sources The Owner reserves the right to obtain and consider information from other sources concerning a Bidder, such as the Bidder's capability and performance under other contracts, the qualifications of any subcontractor identified in the Proposal, the Bidder's financial stability, past or pending litigation, and other publicly available information. 2.14 Verification of Proposal Contents The content of a Proposal submitted by a Bidder is subject to verification. If the -Owner determines in its sole discretion that the content is in any way misleading or inaccurate, the Owner may reject the Proposal. 2.15 Proposal Clarification Process The Owner reserves the right to contact a Bidder -after the submission of Proposals for the purpose of clarifying a Proposal. This contact may include written questions, interviews, site visits, a review of past performance if the Bidder -has provided goods and/or services to the City of Waterloo or any other political subdivision wherever located, or requests for corrective pages in the Bidder's Proposal. The Owner will not consider information received from or through Bidder -if the information materially alters the content of the Proposal or the type of goods and/or services the Bidder -is offering to the Owner. An individual authorized to legally bind the Bidder shall sign responses to any request for clarification. Responses shall be submitted to the Owner within the time specified in the Owner's request. Failure to comply with requests for additional information may result in rejection of the Proposal. 2.16 Disposition of Proposals All Proposals become the property of the Owner and shall not be returned to the Bidder. Once the Owner issues a Notice of Intent to Award the Contract, the contents of all Proposals will be public records available for inspection by interested parties. 2.17 Copyright Permission By submitting a Proposal, the Bidder agrees that the Owner may copy the Proposal for purposes of facilitating the evaluation of the Proposal or to respond to requests for public records. By submitting a Proposal, the Bidder -consents to such copying and warrants that such copying will not City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 168 of 464 violate the rights of any third party. The Owner shall have the right to use ideas or adaptations of ideas that are presented in Proposals. 2.18 Release of Claims By submitting a Proposal, the Bidder agrees that it will not bring any claim or cause of action against the Owner based on any misunderstanding concerning the information provided in the RFP or concerning the Owner's failure, negligent or otherwise, to provide the Bidder with pertinent information in this RFP. 2.19 Evaluation of Proposals Submitted Proposals that are timely submitted and are not rejected will be reviewed and evaluated in accordance with Section 6 of the RFP. The Owner will not necessarily award a Contract resulting from this RFP to the Bidder offering the lowest cost. Instead, the Owner will award the Contract(s) to the Qualified Bidder(s) whose Qualified Proposal the Owner believes will provide the best value to the Owner. 2.20 Award Notice and Acceptance Period Notice of Intent to Award the Contract(s) will be sent to all Bidders submitting a timely Proposal and may be posted at the website listed within the RFP. Negotiation and execution of the Contract(s) shall be completed no later than thirty (30) days from the date of the Notice of Intent to Award or such other time as designated by the Owner. The Bidder's form of contract may be utilized and the Owner reserves the right to negotiate the terms of the agreement. If the successful Bidder fails to negotiate and deliver an executed Contract by that date, the Owner, in its sole discretion, may cancel the award and award the Contract to the remaining Bidder the Owner believes will provide the best value to the Owner. 2.21 No Contract Rights until Execution No Bidder shall acquire any legal or equitable rights regarding the Contract unless and until the Contract has been fully executed by the successful Bidder and the Owner. 2.22 Choice of Law and Forum This RFP and the Contract shall be governed by the laws of the State of Iowa. Changes in applicable laws and rules may affect the award process or the Contract. Bidders are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFP shall be brought in the appropriate Iowa forum. 2.23 No Minimum Guaranteed The Owner does not guarantee any minimum level of purchases under the Contract. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 169 of 464 SECTION 3 FORM AND CONTENT OF PROPOSALS 3.1 Explanation to Bidders Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing on or before December 7, 2023. Any interpretation made will be in the form of an addendum to the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form. Oral explanations or instructions given before the award of the Contract will not be binding. 3.2 Submission of Proposals A proposal must be sealed in a separate envelope or on a flash drive sealed in a separate envelope and marked to indicate its contents. If forwarded by mail, one envelope shall be placed in a second and mailed to the City Clerk. All proposals must be filed with the City Clerk of the City of Waterloo at her office in the City Hall before the time specified for receipt of proposals. Proposals received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no proposal received thereafter will be considered. Proposals shall address the items noted in Tasks I — V in Section 4, the Specifications included in Section 5, and the evaluation criteria identified in Section 6.3 herein. 3.3 References and Contact Information The Owner requires sufficient corporate, financial, and reference information to adequately assess the qualifications of the Bidder to sell, install, and support the Proposed Solution. The reference information will be used by the Owner to differentiate between Bidders with similar Proposed Solutions, and shall be provided in a separate document including the following information: Corporate Information The Bidder shall provide an overview of their corporate structure. The overview should address the following specific items: • Name, address, and contact information of the Company and representative • Company History and Formation • Ownership (Public or Privately Held) • Number of Employees • Organizational chart of the management and implementation teams for the project • A detailed history of all mergers or acquisitions (if applicable). • Bidder's financial condition and supporting documentation (i.e. audited annual reports, etc.) Implementation Experience City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 170 of 464 WF will operate in a competitive marketplace with experienced incumbent CSP's, therefore the Bidder's experience implementing and supporting CSP networks will be crucial to the successful launch and ongoing operation of WF. To this end, the Bidder shall provide a brief summary of their experience implementing and supporting carrier -class networks for CSP customers. The summary should address the following specific experience: • Implementations of municipal and/or commercial CSP networks • Implementations of similar network implementation • List of certifications relative to the Proposed Solution held by the implementation team • List of partner certifications relative to the Proposed Solution held by the Bidder Bidders with specialization in the proposed software manufacturers' service provider architecture are preferred. Copies of formal manufacturer -conferred certifications including the certification name, description, requirements, and date of award/renewal should be provided in the Bidder's response. The Bidder shall submit a list of three (3) CSP references who have deployed similar implementations within the last five (5) years. The reference information shall include the company name with dates of implementation along with the name, address, and phone number of the individual(s) that may be contacted at the company. Bidder shall omit all homogenous enterprise IT deployments (i.e., private corporate -centric networks) from their response and references. 3.4 Termination, Litigation, Debarment 3.4.1 The Bidder must provide the following information for the past five (5) years 3.4.2 Has the Bidder had a Contract for goods and/or services terminated for any reason? If so, provide full details regarding the termination. 3.4.3 Describe any damages or penalties assessed against or dispute resolution settlements entered into by Bidder under any existing or past Contracts for goods and/or services. Provide full details regarding the circumstances, including dollar amount of damages, penalties and settlement payments. 3.4.4 Describe any order, judgment or decree of any Federal or State authority barring, suspending or otherwise limiting the right of the Bidder to engage in any business, practice or activity. 3.4.5 A list and summary of all litigation or threatened litigation, administrative or regulatory proceedings, or similar matters to which the Bidder or its officers have been a party. 3.4.6 Any irregularities discovered in any of the accounts maintained by the Bidder on behalf of others. Describe the circumstances and disposition of the irregularities. 3.4.7 Failure to disclose these matters may result in rejection of the Proposal or termination of any subsequent Contract. The above disclosures are a continuing requirement of the Bidder. Bidder shall provide written notification to the Owner of any such matter City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 171 of 464 commencing or occurring after submission of a Proposal, and with respect to the successful Bidder, following execution of the Contract. 3.5 Acceptance of Terms and Conditions By submitting a Proposal, Bidder acknowledges its acceptance of the terms and conditions of the RFP without change except as otherwise expressly stated in its Proposal. If the Bidder takes exception to a provision, it must identify it by page and section number, state the reason for the exception, and set forth in its Proposal the specific RFP language it proposes to include in place of the provision. If Bidder's exceptions or responses materially alter the RFP, or if the Bidder submits its own terms and conditions or otherwise fails to follow the process described herein, the Owner may reject the Proposal, in its sole discretion. 3.6 Firm Proposal Terms The Bidder shall guarantee in writing the goods and/or services offered in the Proposal are currently available and that all Proposal terms, including price, will remain firm for the number days indicated on the RFP cover sheet 90 days following the deadline for submitting Proposals. 3.7 Proposal Shall Include Only Generally Available Equipment and Software a) All Bidder supplied programs and software must be field operational before the date the proposal is submitted. b) Demonstrations must utilize the proposed equipment, programs or software precisely as proposed. c) Unless otherwise specified in the specifications, all items on which a Bidder submits a proposal must be new, of the latest model or manufacture, and be at least equal in quality to that specified in the bidding documents. 3.8 Bidder Required to Identify Patented Items, and Copyrighted Text, Information, Data, or Software Included in Its Proposal; Bidder Required to Include with Its Proposal any Licenses that Owner Will be Expected to Execute. Bidders shall identify any patented equipment, processes, materials, or hardware, or any copyrighted text, information, data, or software that it proposes to supply as part of the goods or services it is required to provide under the RFP. Every Bidder shall likewise identify the licensing agent for the patented or copyrighted items, and shall provide with its proposal a copy of any licensing or user agreement that the Owner will be expected to execute for the use of patented equipment, processes, materials, or hardware, or copyrighted text, information, data, or software included in a proposal, as well as the anticipated cost to the Owner, if any, for use under a license or agreement. The Bidder to whom the Contract is awarded warrants that the intellectual property rights of third parties (e.g. copyright, trademark, or patent) will not be violated by the Bidder's or the Owner's use of any equipment, process or service provided in response to the RFP. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 172 of 464 SECTION 4 SCOPE OF WORK 4.1 Scope of Work For the purposes of this RFP, the following definition of the City of Waterloo (City) and Waterloo Fiber (WF) Outside Plant (OSP) establishes the assets to be managed with the respondent's proposed software. OSP refers to all of the physical cabling and supporting infrastructure (such as conduit, cabinets, splice boxes, tower or poles), and any associated hardware located between a demarcation point in a facility and a demarcation point in another facility or customer location. 4.2 TASK I — DESCRIBE HOW PROPOSED SOFTWARE WILL SUPPORT OSP OPERATIONS 4.2.1 OSP Asset Management The software must support the inventory and connectivity of the complete fiber network and OSP including all assets. Fiber management supports traditional fiber transport, point-to-point networks, and fiber rings networks. The software must be able to manage all OSP assets through a mapping interface and be interoperable with the fiber optic management components or extensions of the software. Software features and functions for managing conduit cannot be standalone or separate from the fiber optic management components as they are inter -related. Modular or extension based- software is acceptable as long as the modules or extensions integrate directly with other software modules or extensions. 4.2.2 Fiber Optic Network Design The solution must support the planning, engineering design, analysis, and maintenance of the OSP facility network with modeling for conduit, fiber, and other relevant equipment components, and accommodate the connectivity of the complete network from any terminating device to any inside plant (ISP) termination point. The software must provide for the management of fiber -specific assets. The software must also introduce process improvements by providing a circuit provisioning and service remediation capability by creating and optimizing alternative routes in the event of fiber faults or fiber outages and mapping "what if scenarios" for extending and/or remediating services to customers on the network. 4.2.3 Work Order Integration The software must support key business processes for work order design, execution, mapping, asset records management, and maintenance records of the entire system. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 173 of 464 As job work requests come in for service repair, provisioning, network extensions, or other changes or maintenance, staff will be required to update the geospatial network model with modifications. Attribution of network facilities as desired, including the association of compatible units, validating all edits using business rules and generating work instructions and/or prints (i.e., digital, and printed copies of work to be performed) to support the physical network changes will be necessary. 4.2.4 Field Automation For network repairs, modifications, and extensions, field automation capabilities will allow the City to dispatch field crews with corresponding job information. The software must be compatible with the City geospatial platform outlined in Section II and standard issue tablets or phones to allow mobile field crews the tools to trace networks and locate faults, validate the physical network model to the digital network model, capture inspection/status information about field equipment, and capture redlines against the digital network model representing as built changes. It is desired to have mobile software to manage field work and also enables staff to dispatch or reassign work and trouble crews. 4.2.5 Digital Image Management High -resolution imagery (both orthogonal and oblique aerial imagery) is used extensively by the City of Waterloo for a variety of different applications. Aerial imagery will be provided through .sid files from Eagleview. This imagery will be used during network maintenance and field engineering operations to help understand the location and characteristics of the physical network. The software must support large volumes of asset imagery (high resolution, large coverage, multiple -time snapshots) with a high-performance image management and retrieval system for improved productivity and quick access to images when viewing OSP assets in a mapping interface (i.e., images and photos geo-coded and "pinned" to the appropriate OSP asset). Enterprise Sharing The software must provide the tools to share the most recent information on the physical network and its attributes. These include desktop viewing and analysis tools linked to the central geo-database, as well as internet and intranet portals that may include dashboard and executive business intelligence information. 4.3 TASK II - PROVIDE A SOFTWARE FEATURES & FUNCTIONS CAPABILITY MATRIX FOR STANDALONE AND SERVER -BASED SOFTWARE In addition to the aforementioned OSP operations that the software must maintain, the software proposed should consist of: City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 174 of 464 ❖ A standalone desktop software (integrated with ESRI ArcGIS° Software); and/or • A server -based web/cloud software (integrated with ESRI ArcGIS° Server Software). ❖ Have the ability to integrate with other networking monitoring systems such as; Solar Winds, Juniper, etc., to quickly visualize faults/alarms to identify services that are impacted. The software must provide a minimum of the following features and functions: 1. Data Management a. Geo-database schema for asset data management b. OSP Facilities i. Conduit and Fiber Cable ii. Cabinets iii. Network Points iv. Managed and Unmanaged Switches v. Hand -holes vi. Splices vii. Radio transceivers used inside or outside buildings, such as wireless access points, and hardware associated with them, such as antennas and towers. viii. Traffic Controllers ix. Other Miscellaneous OSP equipment assets c. Location d. Faults e. Connectivity f. Detailed Connection and Splice Modeling g. Calculate circuit/fiber distance between two points including twist factor, index of refraction and fiber ring configurations h. Store attenuation losses, including splice and mated -connector losses i. Ability to hierarchically list fiber assets from map regions to signals on a cable j. Creation and visualization of physical connectivity between the optical fiber 2. Select and Retrieve Data for any OSP Asset a. Display geographic views of the outside plant (OSP) b. Graphical views such as map view, schematic view, rack view, etc. 3. Map Functionalities a. Measure Tool b. Go to latitude/longitude c. Decimal Degree d. X, Y coordinates e. Degree Minute Second 4. Map Navigation tools a. Zoom In b. Zoom Out City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 175 of 464 c. Pan d. Full Extent e. View Attributes using Identify Tool 5. Search Tool a. Address Based Search b. Address c. Tax ID d. Land Mark 6. Inventory Search a. Conduit b. Branch c. Joint d. Cable 7. Redlining a. Graphics Redlining b. Text Redlining 8. Query & Analyze a. What is it? b. Where is it? c. Physical attributes and capacity? d. How is it connected? e. Project details f. Lifespan (" installation date) 9. Physical Connectivity a. Calculate circuit/fiber distance between two points including twist factor and fiber ring configurations 10. Fault Tracing and Visualization a. Determines location of a fault using results of an optical time -domain reflectometer (OTDR) test b. Traces distance from equipment port to location c. Places a Fault feature at a location 11. Detail Network Tracing a. Trace from any point in any direction 12. Project Management: a. Standard analysis and reporting of OSP assets b. Reporting The Server Software shall provide the following features and functions: 13. Log -In Page that supports Microsoft or SAML-Azure Active Directory Authentication City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 176 of 464 14. Map Viewer 15. Map Functionalities: a. Measure Tool b. Go to latitude/longitude c. Decimal Degree d. X, Y coordinates e. Degree Minute Second 16. Map Navigation tools a. Zoom In b. Zoom Out c. Pan d. Full Extent e. View Attributes using Identify Tool 17. Search Tool a. Address Based Search b. Address c. Plot d. Land Mark 18. Inventory Search a. Conduit b. Branch c. Joint d. Cable 19. Redlining a. Graphics Redlining b. Text Redlining 20. Fault Tracing: - Fault location Pop -Up box consists of the following: a. Alarm type b. Location c. Distance from nearest network interconnects d. Nearest Landmark e. Latitude/Longitude 21. Report Generation City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 177 of 464 4.4 TASK III — PROVIDE SOFTWARE LICENSING COSTS PER USER Provide software license costs and annual maintenance costs for the proposed software. Provide discounts, if applicable to municipal governments. Please specify the software license type as well (e.g., per seat, concurrent user, server based, etc.) Software Costs Quantity Description Unit Cost Total Cost License Type' 'Please specify the software license type (per seat, concurrent user, server based, etc.) Maintenance Costs Quantity Description 4.5 TASK IV — PROVIDE TRAINING COSTS PER USER Unit Cost Total Cost Provide training costs per user for the software proposed. Indicate type: administrator, technical user, end user. Do not include travel and lodging costs. Training Costs Quantity Description Unit Cost Total Cost City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 178 of 464 4.6 TASK V - PROVIDE EXAMPLE PROJECT PLAN FOR SOFTWARE IMPLEMENTATION Provide an example of a step-by-step project plan that the City can use as a guideline for implementing the software. Please identify the necessary steps to fully implement all features and functions of the software proposed. Include in the plan software installation steps, configuration steps, training steps, deployment steps, and testing steps. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 179 of 464 SECTION 5 SPECIFICATIONS 5.1 Overview The Proposed Solution must include all the equipment, software, and services necessary for the Bidder to provide to the Owner a turnkey, tested, operational -ready asset management system complete with documentation and staff training. The successful Bidder shall provide the goods and services to the Owner in accordance with the specifications as provided in this RFP. Proposals must identify any deviations from the specifications of this RFP or specifications the Bidder cannot satisfy. If the Bidder deviates from or cannot satisfy the specification(s) of this RFP, the Owner may reject the Proposal. The Bidder shall be solely responsible for validating the Proposed Solution is sufficiently configured with the components and capacity required to serve the subscriber growth and service mix described in this RFP. The Bidder shall be responsible for engineering all link capacities and hardware configurations to ensure acceptable service performance and subscriber experience on the WF network. 5.2 General Description of Requirements Proposals will be accepted from qualified companies that provide commercial -off - the -shelf (COTs) GIS-based software to manage OSP assets: fiber optic network, conduit, signs and signals, (e.g., streetlights, splice cabinets, etc.) as well as miscellaneous telecommunications assets (copper, radio communications systems). In general, the following items shall be addressed by respondents, in accordance with the scope of work outlined in Section III of this RFP. 1. Demonstrate adherence to the City's Information Technology Computing and Software Standards identified in Section IIB below. PLEASE NOTE: any exceptions or deviations to IT Computing and Software Standards listed below, must be clarified, and described in the respondents RFP submission. 2. Propose software to manage the City's and Water Fiber's OSP assets and business processes identified in Section III -Scope of Work. 3. Provide software licensing costs per unit price and annual maintenance City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 180 of 464 costs for standalone desktop software (either client -server and/or web - based is acceptable) to analyze, manage, maintain, view and query complex OSP assets that meets the City's minimum specifications (refer to Section III -Scope of Work). 4. Provide licensing costs per unit price and provide annual maintenance costs for a web -based web application to analyze, manage, maintain, view and query complex OPS assets that meets the City's minimum specifications (refer to Section III -Scope of Work). 5. Provide training costs per user for the proposed software. 6. Provide an example of a step-by-step project plan that the City can use as a guideline for implementing all features and functions provided by the proposed software. 5.3 Technical Requirements — Information Technology Computing and Software Standards The software must support and run properly under the City of Waterloo's current enterprise geospatial environment identified below and listed in Table 1. All proposed software must integrate with the pre- existing geospatial platform if on -premises solution. Microsoft SQL Server 2019 enterprise edition or above; Environmental Systems Research Institute (ESRI) ArcGIS Enterprise version 10.9.1; ESRI ArcGIS Pro v2.9.x and Microsoft .NET Desktop Runtime 5.x (only for customizations and/or integration with application programming interfaces (APIs)). Any exceptions or deviations from City of Waterloo IT computing and software standards must be clearly and concisely stated in the respondents RFP submission. The City has the right to reject any RFP submission that does not meet these standards. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 181 of 464 Table 1- City of Waterloo IT Computing and Software Standards' System Authentication Browser Database Server Geospatial Databases (Geo-Databases) Geospatial Platform (GIS) GIS Web Server Office Suite Server Operating System(s) Web Application Server Workstation Operating System Standard Active Directory Edge, Chrome, or Firefox at current release Microsoft SQL Server 2019 ESRI ArcGIS Enterprise v10.9.1 ESRI ArcGIS Enterprise v10.9.1 ESRI Portal for ArcGIS v10.9.1 Microsoft 365 Microsoft Windows Server 2019 Microsoft IIS Window 10 Provider 'Software standards applicable to the Fiber Optic Network (FON) Asset Management Software request for proposal. 5.4 Warranty, Maintenance, and Technical Support For all critical components, the City and WF shall require 24x7x365 next business day (NBD) hardware maintenance, access to technical support center services, and software updates for patches and feature releases. Maintenance and support services shall be quoted for a 3-year term. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 182 of 464 SECTION 6 EVALUATION AND SELECTION 6.1 Introduction This section describes the evaluation process that will be used to determine which Proposal(s) provides the greatest benefit to the Owner. The Owner will not necessarily award the Contract to the Bidder offering the lowest cost to the Owner. Instead, the Owner will award to the Bidder whose Qualified Proposal the Owner believes will provide the best value to the Owner. 6.2 Evaluation Committee The Owner will conduct a comprehensive, fair, and impartial evaluation of Proposals received in response to this RFP. The Owner will use an evaluation committee to review and evaluate the Technical Proposals. The evaluation committee will recommend an award based on the results of their evaluation to the Owner or to such other person or entity who must approve the recommendation. 6.3 Proposal Evaluation and Scoring The evaluation of the proposals and any requested oral presentations will be based on the following criteria: Submitters should organize Proposals into the following Sections: A. Professional Qualifications B. Past Involvement with Similar Projects C. Proposed Project Team and Organization D. Complete Software Features and Functions Matrix E. Fee Proposal (include in a separate sealed envelope) F. Authorized Negotiator G. Appendices The following Section describes the elements that should be included in each of these proposal sections and the weighted point system that will be used for evaluation of the proposals. A. Professional Qualifications —10 Points 1. State the full name and address of your organization and, if applicable, the branch office or other subordinate element that will perform, or assist in performing, the work hereunder. Indicate whether it operates as an individual, partnership, or corporation. If as a corporation, include whether it is licensed to operate in the State of Iowa. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 183 of 464 2. State history of the firm, in terms of length of existence, types of services provided, etc. Identify the technical details which make the firm qualified for this work. 3. Provide specific examples of experience working with municipalities and/or similar lines -of -business (e.g., public and/or privately held fiber optic networks). B. Past involvement with Similar Projects - 10 Points The proposal must indicate proven ability to complete similar projects within the budgeted amounts. A summary of related projects is to be included in this section. A list of references for all projects described in this section must be included. The list shall include contact name, owner name, address, and phone number. C. Proposed Project Team and Organization - 5 Points The organizational structure of the Respondent will be evaluated in terms of its effective use of personnel; relevant experience and time commitment of key personnel, especially the designated Project Manager and sub -consultants (if applicable); logic of project organization; adequacy of labor commitment and resources; capability to reallocate resources as needed to meet project schedules. D. Software Features and Functions - 50 Points A detailed software features/functions matrix is to be presented which lists all software features and functions determined to be necessary to accomplish the work of this project. The matrix shall include, but not be limited to, the requirements listed in Section III of this RFP. A demonstration will be required as part of the evaluation lasting no more than 90 minutes. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 184 of 464 E. Fee Proposal - 25 Points Fee quotations shall be submitted in a separate sealed envelope with the proposal. The proposed fee must detail the costs for the software to be licensed. The fee proposed must include the total estimated cost for per unit for software as well as annual maintenance costs. Provide training costs for the software proposed. This total may be adjusted after negotiations with the City and prior to signing a formal contract, if justified. F. Authorized Negotiator 1. Include the name and phone number of persons(s) in your organization authorized to negotiate the Software licenses. G. Proposal Evaluation 1. The Selection Committee may include representatives from Information Technology Department, Public Services Area, and Field Operations Unit. Members of the Selection Committee will evaluate each proposal by the above -described criteria and point system (A through E) to select a short list of firms for further consideration. The City reserves the right to not consider any proposal which it determines to be unresponsive and deficient in any of the information requested for evaluation. A proposal with all the requested information does not guarantee the proposing firm to be a candidate for an interview. The Committee may contact references to verify material submitted by the Respondents. The City will determine whether the final scope of the project to be negotiated will be entirely as described in this RFP, a portion of the scope, or a revised scope. 2. The Committee then may schedule the interviews with the selected firms. The selected firms would then be given the opportunity to discuss in more detail their qualifications, past experience, software features and functions as well as software license costs. 3. The interview must include the project team members expected to complete a majority of work on the project, but no City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 185 of 464 more than three members' total. The interview may consist of a presentation of approximately thirty (30) minutes by the Respondent, including the person who will be the project manager on this Contract followed by approximately thirty (30) minutes of questions and answers. 4. The firm will be re-evaluated by the above criteria (A through F) after the interview. After evaluation of the software license proposals, further negotiation with the selected candidate firm will be pursued leading to the award of a Contract by Purchasing Division City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 186 of 464 SECTION 7 CONTRACT TERMS AND CONDITIONS 7.1 Contract Terms and Conditions The Contract that the Owner expects to award as a result of this RFP shall comprise all or the specifications, terms and conditions of the RFP, written clarifications or changes made by the Owner to the RFP through an amendment to the RFP in accordance with the provisions of the RFP, the offer of the successful Bidder contained in its Proposal, and any other terms deemed necessary by the Owner. No objection or amendment by a Bidder to the provisions or terms and conditions of the RFP shall be incorporated into the Contract unless the Owner has explicitly accepted the Bidder's objection or amendment in writing. The Owner reserves the right to either award a Contract(s) without further negotiation with the successful Bidder or to negotiate Contract terms with the successful Bidder if the best interests of the Owner would be served. 7.2 Contract Length The term of the Contract will be for three (3) years. The Owner shall have the sole option to renew the Contract upon the same or more favorable terms and conditions. 7.3 Insurance The Bidder shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefor, and said Bidder shall also carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Bidder shall furnish the City Clerk with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Bidder. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Bidder working under the direction of either the principal Contractor or a Subcontractor. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 187 of 464 (d) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the Bidder or by other persons, firms, or corporations. (e) The minimum protection shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit Products —Completed Operations Aggregate Limit Each Occurrence Limit Comprehensive Automobile Liability Insurance $ 5,000,000.00 $ 5,000,000.00 $ 5,000,000.00 $ 1,000,000.00 The Bidder shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" and it must be stated on the certificate. Coverage shall be written on a primary and non-contributory basis and shall include a waiver of subrogation in favor of the City of Waterloo. A certificate, or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. To the fullest extent permitted by law the Bidder shall defend, indemnify, and hold harmless the City and their agents, representatives, officers and employees ("Indemnitees") from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from or in connection with the performance of the Work, provided that any such claim, damage, loss or expense is caused in whole or in part by any act or omission of the Bidder, anyone directly or indirectly employed by it or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity or contribution which would otherwise exist as to any party or person described in the Contract Documents. In any and all claims against the Owner or any of its agents, officers or employees by any employee of the Bidder, any Subcontractor, any person directly or indirectly employed by any of them or anyone for whose acts may be liable, the indemnification obligation under this Subsection 4 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Bidder or any Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. All policies shall be in form and with insurance carriers acceptable to the City of Waterloo. Each such policy shall provide that thirty (30) days' prior written notice of cancellation must be given to City before cancellation of the policy will be effective. Bidder will take all steps required to prevent all such insurance from lapsing or being canceled. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 188 of 464 7.4 Termination and Adjustment A. If Bidder fails to fulfill its obligations under this Contract, the Owner may terminate this Contract after giving the Bidder ten days written notice to cure such failure. The ten-day cure period will begin on the date shown on the written notification from the Owner. If within the 10-day period Bidder fails to cure to the reasonable satisfaction of the Owner, then the Owner may give notice that it is terminating this Contract and Bidder shall cease all activity associated with this Contract at such time as the notification is received. The Owner has the right to set off the cost of procuring another contractor to perform or complete the Scope of Work in the event Bidder fails to perform the Work satisfactorily. B. At any time prior to completion of the Work, the Owner may, in its sole discretion, terminate the Contract by providing the Bidder written notice of its intention to terminate. Unless the notification provides otherwise, Bidder shall cease all activity associated with this Contract at the time the notification is received. If the termination is without fault of the Bidder, the Owner shall pay for Work satisfactorily performed to the date of termination and reimburse Bidder for unrecoverable expenses Bidder incurred prior to receiving the notification. 7.5 Indemnification Requirements For purposes of this section 7.5, the term "Owner" means the City of Waterloo and its elected and appointed officials, agents, employees, volunteers, and others working on its behalf. To the fullest extent permitted by law, Bidder agrees to defend, pay on behalf of, indemnify, and hold harmless the Owner against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys' fees and court costs that may be asserted or claimed against, recovered from or suffered by the Owner by reason of any injury or loss including, but not limited to, personal injury, bodily injury including death, property damage, including loss of use thereof, and economic damages that arise out of or are in any way connected or associated with Bidder's work or services under this Contract, including that of its officers, agents, employees, subcontractors and others under the control of Bidder, except to the extent caused by or resulting from the sole negligence of the Owner. Bidder's obligation to indemnify the Owner contained in this Contract is not limited by the amount or type of damages, compensation or benefits payable under any workers' compensation acts, disability benefit acts, or other employee benefits acts. The Owner shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense incurred by Bidder arising out of or in any way connected or associated with Bidder's work or services under this Contract, including that of its officers, agents, employees, subcontractors and others under control of Bidder, except to the extent caused by or resulting from the sole negligence of the Owner. Bidder expressly assumes responsibility for any and all damage caused to Owner property arising out of or in any way connected or associated with Bidder's work or services under this Contract, including its officers, agents, employees, subcontractors and others under the control of Bidder. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 189 of 464 7.6 Ownership of Documents The Bidder agrees that the Owner is the sole and exclusive owner of all designs, design plans, images, drawings, models, survey notes, reports, specifications, studies, records and other data and documents, in whatever form, prepared under this Contract (the "Design Documents"). The Bidder hereby irrevocably assigns, transfers and conveys to the Owner all right, title and interest in and to the Design Documents and all intellectual property rights and proprietary rights arising out of the Design Documents, including copyrights, patents, trademarks, and derivative works and interests. The Bidder warrants to the Owner that the Design Documents will be free from any claims or encumbrances of intellectual property or proprietary rights of the Bidder and any third party, including any employee, agent, contractor, sub -Contractor, subcontractor, subsidiary or affiliate of Bidder. Upon completion or termination of this Contract, the Bidder shall immediately turn over to the Owner all Design Documents not previously delivered to the Owner. To the extent any of the Bidder's rights in the Design Documents are not subject to assignment or transfer, including any moral rights and any rights of attribution and integrity, the Bidder hereby irrevocably and unconditionally waives such rights, and the enforcement of them, and agrees not to challenge the Owner's rights in and to the Design Documents. 7.7 Ownership of Data Any and all Owner data stored on the Bidder's servers or within the Bidder's custody is the sole property of the Owner. The Bidder, subcontractor(s), officers, agents, and assigns shall not make use of, disclose, sell, copy or reproduce the Owner's data in any manner, or provide to any entity or person outside of the Owner without the express written authorization of the Owner. In the event resulting Contract is terminated for any reason, or upon expiration, and in addition to all other rights to property set forth, the Selected Bidder shall make available to the Owner, at no cost, all Owner data stored within the system, stored on the Bidder's servers, or within the Bidder's custody, within fifteen (15) days of termination or Bidder request. In the event resulting Contract is terminated for any reason, or upon expiration, and in addition to all other rights to property set forth, the Owner shall retain ownership of all data, work products, and documentation, created pursuant to the resulting Contract. 7.8 Data Privacy and Security Bidder shall comply with all relevant federal, state, and local laws and regulations on security and privacy. Bidder shall have and follow a disaster recovery plan. Bidder shall only store and process Owner data within the continental United States. As a requirement to the Contract, the Bidder shall back up all Owner data daily to an offsite hardened facility. 7.9 Payment Terms Bidder agrees to submit monthly invoices and accept payment in the form of check or ACH. 7.10 Sales Tax City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 190 of 464 This project is subject to sales tax. City of Waterloo FIBER OPTIC NETWORK ASSET MANAGEMENT Page 191 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Paul Huting, Leisure Services Director Leisure Services Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Motion approving Change Order No. 4 with Woodruff Construction of Waterloo, Iowa, for a total decrease of $241,226.80 in conjunction with the FY 2023 Gates Park Improvements Project, Contract No. 1076, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Change Order #4 for a decrease in amount of ($241,226.80). SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 4.5 Quality of Place IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Change Order #4 - Contractor Signed Page 192 of 464 Page 193 of 464 CHANGE ORDER NO. 4 Owner City of Waterloo Date: 11/17/2023 Project Gates Park Improvements Project Owner's Contract No. 1076 Contractor: Woodruff Construction Date of Contact Start 5/30/2023 Contract Amount: $ 9,362,172.81 You are directed to make the following changes in the Contract Documents. Description: 132 Type SA Site Light Fixtures (Parking Lots) $ (4,790.00) /EA x 12 EA $ (57,480.00) 133 Type SB Site Light Fixtures (Walkways) $ (5,172.00) /EA x 34 EA $ (175,848.00) 134 Basketball Court Lighting System and Controls $ 13,852.00 /LS x 1 LS $ 13,852.00 137 Picnic Shelter Lighting and Power $ (462.50) /EA x 2 EA $ (925.00) 139 Network Connection $ (3,920.00) /LS x 1 LS $ (3,920.00) 143 Splash Pad Construction $ (12,201.80) /LS x 1 LS $ (12,201.80) 4-1 SCH40 - Conduit Deduct $ (16,010.00) /LS x 1 LS $ (16,010.00) 4-2 Splash Pad Building Drainage Pit $ 11,306.00 /LS x 1 LS $ 11,306.00 TOTAL ADDITIONS $ (241,226.80) Reason for Change Order 132 Alternative product with a reduced cost. 133 Change to Holophane fixtures. Removed GFI receptacles. Changed lighting controls from Timeclock control to Integral Photocell control. 134 Added security lighting to the two southern Musco poles for security lighting when Musco poles aren't active. 137 Revised picnic shelters lighting and outlet layout. 139 Change to smaller, lighter duty handholes. Change to twelve strand fiber (six to each building). 143 The Owner approved the Contractor deduct for the non-compliance material incorporated into the splash pad subbase. 4-1 Replace SCH80 PVC conduit with SCH40 or HDPE duct 4-2 Added drainage pit in the mechanical room of the splash pad building CONTRACT PRICE Original: Previous C.O.s (ADD/DEDUCT) This C.O. (ADD/DEDUCT) Contract Price with all approved Change Orders: 9,362,172.81 (161,420.77) (241,226.80) $ 8,959,525.24 Original Working Days Revised Working Days: CONTRACT TIME To Substantial To Final Completion Completion 2401 2401 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authoriz ACCEPTED: BY: Date 11/17/23 Date 11/17/23 AECOM - Date AECOM 60672429 4 Project No. C.O. No. Page 194 of 464 WOODRUFF CONSTRUCTION 100% Employee Owned 1717 Falls Avenue I Waterloo, IA 50701 Ph: (319] 233-3349 Fax: [319] 233-3369 6/27/2023 Updated: 9/12/2023 Updated: 9/22/2023 Michelle Sweeney AECOM 501 Sycamore St. #222 Waterloo, IA 50703 RE: FY 2023 Gates Park Improvements 820 E Donald St. Waterloo, IA 50703 SUBJ: Potential Change Order #001.2 - Electrical VE Items Dear Ms. Sweeney, Per your direction from the VE meeting discussion on 5/30/23, our discussion with K&W Electric on 6/7/23, and follow up direction from MODUS email on we are proposing the following for electrical VE Items: • Bid Item #132 Type SA Fixtures - DEDUCT $4,790.00 per fixture (QTY. 12) = ($57,480.00) Approved: MK 8/25/23 • Bid Item #133 Type SB Fixtures - • Option 1: Use 14' Lumec Fixtures - DEDUCT $2,415.00 per fixture (QTY. 34) = ($82,110.00) • Option 1 B: Use 14' Lumec Fixtures w/o GFI or plant holders to better compare Holophane model - DEDUCT $4,025.00 per fixture (QTY. 34) = ($136,850.00) • Option 2: Use 14' Holophane Fixtures - DEDUCT $4,922.00 per fixture (QTY. 34) = ($167,348.00) • Bid Item #133 Type SB Fixtures - DEDUCT lighting controls in SB Fixtures = ($8,500.00) Approved: DJ 8/24/23 • Bid Item #134 Basketball Court Push button control Musco does not recommend eliminating push button control as it is thought to causc morc damagc by not allowing pcople the ability to turn on and off the lights. No credit given at this timc Add security lighting to the two southern Musco poles for security lighting at night when the Musco poles aren't active = $13,852.00 • Bid Item #136 Electrical Power Pedestal DEDUCT Pedoc pedestal and install quad GFCI - ($1,265.00) Not Accepted: MK 8/25/23 • Bid Item #137 Picnic Shelter Lighting and Power Will nook tayo ton „ tle s any light g to finaEizo rici.,g Per updated layout drawing = ($925.00) • Bid Item #139 Network Connections - DEDUCT for smaller, lighter duty handholes = ($2,970.00) DEDUCT for 12 strand fiber (6 to each building) as confirmed with Chris Youngblut with the city = ($950.00) • Bid Item #142 Cameras and Camera Poles - Need spec on camera pole for further clarification on costs Need to know which poles have been selected before pricing (Holophane or Lumec) NM Page 195 of 464 ($12, 000) • Will need to confirm controls of new fixture before finalizing pricing Not Accepted: MK 8/25/23 • Voluntarly VE Item — Replace SCH 80 pvc conduit with SCH 40 or HDPE duct = ($16,010.00) Approved: MK 8/25/23 Our total price to perform the subject changed work will vary depending on options selected and additional information needed. When this potential change order is signed by the Owner and a copy is returned to the contractor, approval of change(s) is effective IMMEDIATELY and we will proceed with the change(s) described above. Approved changes will be included in a future contract change order. If you require additional clarification, please contact me. Thank you for your prompt response. Sincerely, WOODRUFF CONSTRUCTION, INC. Will McAllister Project Manager cc: File Owner Approval / Date Architect Approval / Date MI Page 196 of 464 2023 RITLAND+KUIPER LANDSCAPE ARCHITECTS COPYRIGHT STANDING PRE -FINISHED FACIA SEAM METAL TO MATCH DARK ROOF BRONZE ANODIZED • COLUMN WITH HIGH OPERFORMANCE FINISH PICNIC SHELTER - SIDE ELEVATION 1/4" =1'-0" STANDING SEAM METAL ROOF PRE -FINISHED FACIA TO MATCH DARK BRONZE ANODIZED WOOD LOOK METAL SOFFIT FIRST FLOOR I1 COLUMN WITH HIGH PERFORMANCE FINISH PICNIC SHELTER - FRONT ELEVATION 1/4" = 1'-0" COLUMN WITH HIGH PERFORMANCE FINISH STANDING SEAM METAL ROOF PRE -FINISHED FACIA TO MATCH DARK BRONZE ANODIZED PICNIC SHELTER - REAR ELEVATION 1/4" = 1'-0" 0'-0" FIRST FLOOR 0'-0" FIRST FLOOR I1 0'-0" SECTION - TYPICAL 1/2" = 1'-0" PREMANUFACTURED PICNIC STRUCTURE ROOF Aik 13'-0" CONCRETE SLAB - REFER TO STRUCTURAL VAPOR RETARDER, TURN UP AT SLAB EDGE ATTACH COLUMN TO FOUNDATION PIER. VERIFY W/ MANUFACTURER INSTRUCTIONS. 1/2" EXPANSION MATERIAL CONCRETE PAVING - REFER TO STRUCTURAL & CIVIL FIRST FLOOR 0'-0" VAPOR RETARDER, TURN UP AT SLAB EDGE FREE DRAINING GRANULAR FILL - REFER TO STRUCTURAL, CIVIL, AND SOIL ENGINEERING REPORT CAST -IN -PLACE CONCRETE FOOTING - REFER TO STRUCTURAL r i SEE SITE PLANS FOR CIRCUITING. .ALL DEVICES SERVING PICNIC SHELTER SHALL BE SURFACE MOUNTED AND FED WITH SURFACE MOUNTED CONDUIT. 1" CONDUIT STUBBED UP TIGHT TO COLUMN. L 3'-3" t (2) DEDICATED DUPLEXES IN A DUAL GANG BOX FA 8'-0" FA 13'-6" 3'-3" M M 20'-0" PICNIC SHELTER - FLOOR PLAN 1/4" =1'-0" KEYNOTES DESCRIPTION 01 STRUCTURAL COLUMN, FINISHED WITH HIGH PERFORMANCE PAINT. 09 ROOF OVERHANG ABOVE 11 CAST -IN- PLACE CONCRETE FOOTING - REFER TO STRUCTURAL. THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Gates Park F.Y. 2023 Improvements Waterloo, Iowa Project Leader/Landscape Architect: RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezz. A Waterloo, Iowa 50703 Phone: 319-233-8090 Civil Engineer/Surveyor: AECOM, Inc. 501 Sycamore Street, Suite #222 Waterloo, Iowa 50703 Phone: 319-232-6531 Architect: INVISION Architecture 501 Sycamore Street, #101 Waterloo, Iowa 50703 Phone: 319-233-8419 Electrical & Lighting Engineer: MODUS Engineering 214 East 4th Street Waterloo, Iowa 50703 Phone: 319-235-0650 Aquatic Designer: Water Technology, Inc. (Headquarters) 100 Park Avenue Beaver Dam, WI 53916 Phone: 920-887-7375 Issued No. Date Description Issue Date : 3/22/2023 Designed By : SPD & BV Drawn By : SPD & NB Reviewed By : BV Sheet Title PICNIC SHELTER DETAILS Category Sheet A4.20 City of Waterloo Contract No. 1076 Page 197 of 464 WOODRUFF CONSTRUCTION, LLC AMES FORT DODGE ICWA CITY 1717 Falls Avenue I Waterloo, IA 50701 Ph: (319) 233-3349 Fax (319) 233-3369 10-10-23 Michelle Sweeney AECOM 501 Sycamore St. #222 Waterloo, IA 50703 RE: FY 2023 Gates Park Improvements 820 E Donald St. Waterloo, IA 50703 SUBJ: Potential Change Order #6 — Sub Base Deduct Dear Ms. Sweeney: Per our conversation at Owner's Meeting today we are proposing the following: • A deduct of $12,201.80 is being issued for the acceptance of the already placed sub base. This cost is based off of the estimate from Lodge Construction. We obtained this quote when we were getting pricing to replace. All parties agree there is no extended warranty and/ or maintenance bond. Your written approval is required by (10-13-23). Action after that date will result in additional costs and added time, which will then be added to the above price. When this potential change order is signed by the Owner and a copy is returned to the contractor, approval of change(s) is effective IMMEDIATELY and we will proceed with the change(s) described above. Approved changes will be included in a future contract change order. If you require additional clarification, please contact me. Thank you for your prompt response. Sincerely, WOODRUFF CONSTRUCTION, LLC. (PROJECT MANAGER NAME) Project Manager cc: File J_ er Approval / 10-10-23 / Date Architect Approval / Date MN Page 198 of 464 Lodge Construction Inc. Address Reply To: Email: john@lodgeconstructioninc.com P.O. Box 459 Phone Cell: 319-290-5767 Clarksville, IA 50619 Fax: 319-296-2144 Re: Waterloo Gates Park Owner: City Of Waterloo General Contractor: Woodruff Construction Sub -Contractor: Lodge Construction Inc Project Number: 1076 Lodge Construction can offer the following deduct. Concrete sand under pool. Concrete sand is estimated at 722 tons. Material cost $12.25/Ton = $8,844.50 Trucking cost $4.65/Ton = $3,357.30 Total Deduct = $12,201.80 Sincerely John Senn 10/10/2023 Page 199 of 464 WOODRUFF CONSTRUCTION, LLC AMES I FORT DODGE' IOWA CITY 1717 Falls Avenue 'Waterloo, IA 50701 Ph: (319) 233-3349 Fax (319) 233-3369 11-10-2023 Michelle Sweeney AECOM 501 Sycamore St. #222 Waterloo, IA 50703 RE: FY 2023 Gates Park Improvements 820 E Donald St. Waterloo, IA 50703 SUBJ: Potential Change Order #8 — Drainage Pit Dear Ms. Sweeney: Per RFI#8 Waterline / manifold we are proposing the following: • Relocate splash pad supply line manifolds to anchor on west wall of pump room • Add 6' x 4' concrete drainage pit directly below manifold • Add (30) ea. ball valves in drainage pit to aid in draining splash pad water lines • Add drain to pit to discharge water into surge tank • Add 1-4000 DURAGRID fiberglass grating to cover drainage pit Concrete drainage pit (Labor) = $ 4,320.00 Concrete drainage pit (Material) = $ 861.00 Addition valving = $ 2,750.00 Drain to surge tank = $ 1,176.00 Fiberglass Grating (Labor) = $ 280.00 Fiberglass Grating (Material) = $ 891.00 GC Markup (10%) = $ 1,028.00 Total = $11,306.00 Your written approval is required by (11-15-23) When this potential change order is signed by the Owner and a copy is returned to the contractor, approval of change(s) is effective IMMEDIATELY and we will proceed with the change(s) described above. Approved changes will be included in a future contract change order. If you require additional clarification, please contact me. Thank you for your prompt response. NM Page 200 of 464 Sincerely, WOODRUFF CONSTRUCTION, LLC. Will McAllister Project Manager cc: File Owner Approval / Date Architect Approval / Date MN Page 201 of 464 Woodruff Construction 1717 Falls Avenue Waterloo, Iowa 50701 P:+13192333349 Status Open Project: 23-062 Gates Park Waterloo 820 E. Donald Street Waterloo, Iowa 50703 RFI #8: Waterline/manifold Winterization To Pamela Braaksma (Water Technologies) Josh Manry (Water Technologies) Brett VanZee (Invision Planning Architecture Interiors) David Jordan (MODUS) Sean Davies (Invision Planning Architecture Interiors) Tiffany Swayzer (MODUS) Jake Connor (MODUS) From Ryan Fischer (WOODRUFF CONSTRUCTION, INC) Iowa Date Initiated Sep 12, 2023 Due Date Sep 15, 2023 Location Splashpad Building Project Stage Course of Construction Cost Impact Yes (Unknown) Schedule Impact TBD Spec Section 13 11 46 - Pool Equipment Cost Code Drawing Number Reference Linked Drawings Received From Copies To Ryan Fischer (WOODRUFF CONSTRUCTION, INC), Logan Roberts (Select Design Build Construction), Matt Ruzicka (Select Design Build Construction) Activity Question All Replies Question from Ryan Fischer WOODRUFF CONSTRUCTION, INC on Tuesday, Sep 12, 2023 at 08:56 AM CDT Activity supply lines to waterplay features will require a drainage pit approx. -3' from finish floor to drain the lines and manifolds. Please provide details. Awaiting an Official Response Response from Jake Connor MODUS on Tuesday, Sep 12, 2023 at 10:51 AM CDT Please add WTI to the assignee list. Direction needs to come from WTI first before Modus can address any plumbing requirements. WTI Response: 6'L x 4'W Provide a concrete sump with inside dimensions of 7'L .. G'W x 3'D. Run 4" drain line from bottom of sump to balance tank link seal penetration with a 4" valve installed inside of the balance tank. Install drainage valves at supply line elbows for winterization. Provide FRP grating at top of sump. See attached markups and reference document. -Josh Manry WTI 2023.09.20 Woodruff Construction Page 1 of 1 Printed On: Sep 12, 2023 03:51 PM CDT Page 202 of 464 Page 203 of 464 This drain pipe should slope to the surge tank but NOT have the "u-shape" loop in it, that is currently showrin this detail. 2" CRUSHED STONE SLOPE TO BALANCE TANK UNDISTURBED/COMPACTED SOIL 4" (102mm) TYP DRAIN WITH STRAINER TO DRAINAGE SYSTEM. LOCATE P-TRAP BELOW FROST LINE TO PREVENT FREEZING. (BY OTHERS) (52) II I THREADED 1/2 INCH STUDS DRAIN CONNECTION AND FITTINGS (BY OTHERS) DRAIN PIT WITH ACCESS GRATE (BY OTHERS) SEE CONSTRUCTION DOCUMENTS FOR LINE RUN LENGTH TO ENSURE PROPER DRAINAGE FOR REFERENCE ONLY DETAIL A TO WATERPLAY FEATURES (BY OTHERS) 1-2% SLOPE DOWN FROM SPLASH PAD TO LOW POINT DRAIN LOW POINT DRAIN USE IN CONJUNCTION WITH SHEET NO INATERPLAY RODAK 805 CROWLEY AVE. KELOWNA, BC CANADA, VWV7G6 P. 250-979-7205 R 250-979-7215 THIRD ANGLE PROJECTION DWG ID: B0010-2622 REV. SIZE: SCALE: NTS OFEET: 3 Page 204 of 464 2023 RITLAND+KUIPER LANDSCAPE ARCHITECTS COPYRIGHT NORTH SPLASH PAD BUILDING FOUNDATION PLAN 1/4" = 1'-0" - REFERENCE TYPICAL FOUNDATION DETAILS ON SHEET S501 zzr 9 0 co 3 7/8" /,, Jr (2) (4) (5) 4'-9 3/8" 4'-9 3/8" 4'-9 3/8" 'I 4'-8" 4'-9 3/8" -3'-0" 2'-0"X1'-0" CONT FTG REINF W/ 2-#5 CONT BOT & #4 @ 18" OC TRANS 4'-9 3/8" 4'-9 3/8" 3 7/8" 8" CONC WALL REINF WI #5@16" VERT & #5@18" OC HOR M 0 9 M O 9 N 9 00 M 9 M 9 N r- O 4'-0" 4'-0" 4'-0" -3'-0" -8'-0" 2'-0"X1'-0" CONT FTG ' EINF WI 2-#5 CONT BOT & •4 @ 18" OC TRANS C2 1 r L- B2 S5.01 STEP FI-G -3'-0"TYP AT ALL INT FTGS A4 STEM FTG S5.01 7 13'-4" PROVIDE #4X1'-0" EPDXY DWLS @ 12" OC FROM SLAB TO PIT WALL (4"EMBED) \ — TYP @ STOOP S5.01 -3'-0" 4'-0" I iI I �I STEP FTG 12" THICK W/ #5 @ 12" WAY TOP& (TOC = -8'- 8" CONC FDN WALL W/#4@12"OCEW 12" THICK CONC SLAB W/ #5@12"OCEWTOP& BOT (TOC=-3'-0") 6" 1 1 1 1 1 J -3'-0" Li -8'-0" L- 8" CONC FDN WALL BELOW TOW EL = -0'-8" REINF W/ #4 @ 12"OCHOR &#4@16"VERT - TYP AT ALL INT WALLS 7 I — — 1'-4"X1'-0" CONC FTG W/ 2-#5 CONT - TYP AT ALL INT WALLS ' CONC SLAB ON RADE OVER 2'-7" FEE -DRAINING GR�NULAR FILL - TYP 5'-1 3/8" 9't 11 " 7 4'-0" 0-8"X3'-6" CONC FTG WALL W/#4@12"OCEAWAY -3'-0" 9 2'-0"X1'-0" CONT FTG REINF W/ 2-#5 CONT BOT & #4 @ 18" OC TRANS 4'-0" 4'-0" ONC SLAB OC A \ r BOT� J — 7 II II II II II II II 11 11 I� 4'-0" 9 bo 9 9 9 9 0 N 9 8" CONC ALL REINF W/ #5@ 16" VERT #5@18" OC HOR 2'-0"X1'-0" CONT FTG REINF WI 2-#5 CONT BOT & #4 @ 18 OC TRANS -3'-0" S5.01 THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Gates Park F.Y. 2023 Improvements Waterloo, Iowa Project Leader/Landscape Architect: RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezz. A Waterloo, Iowa 50703 Phone: 319-233-8090 Civil Engineer/Surveyor: AECOM, Inc. 501 Sycamore Street, Suite #222 Waterloo, Iowa 50703 Phone: 319-232-6531 Architect: INVISION Architecture 501 Sycamore Street, #101 Waterloo, Iowa 50703 Phone: 319-233-8419 Electrical & Lighting Engineer: MODUS Engineering 214 East 4th Street Waterloo, Iowa 50703 Phone: 319-235-0650 Aquatic Designer: Water Technology, Inc. (Headquarters) 100 Park Avenue Beaver Dam, WI 53916 Phone: 920-887-7375 Issued No. CO 5 RFI 8 Date 9/14/2023 10/24/2023 Description CHANGE ORDER 5 RFI 8 Issue Date : 3/22/2023 Designed By : Drawn By : Reviewed By : Sheet Title SPLASH PAD BUILDING FLOOR PLAN Category Sheet s1.10 City of Waterloo Contract No. 1076 Page 205 of 464 2023 RITLAND+KUIPER LANDSCAPE ARCHITECTS O 1— } 0 • PROVIDE DURAGRID PANEL CLIP HOLDOWN @ 2'-0" O.C. 1-4000 1-1/2" DURAGRID GRATING PROVIDE SIMPSON DROP IN ANCHOR TO RECEIVE GRATING CLIP FASTENER CONC MAT FTG- SEE PLAN FOR SIZE & REINF CONC SLAB - SEE PLAN EL -SEE PLAN 5 #4 CONT #4 DOWELS © 2'-0" OC THUS: 2'-0" 2'-0" CONC FDN WALL - SEE PLAN FOR SIZE & REINF EL -SEE PLAN IF MULTIPLE GRATE PANELS ARE REQUIRED, INSTALL DURAGRID 1-4000 INSERT CLIP HOLD-DOWNS, MODEL #758 AND 1 1/2"X1 1/2"X3/16" PVC ANGLE UNDERBAR AT MIDSPAN TO CONNECT MULTIPLE PANELS IF SUMP IS LONGER THAN 60". IF MULTIPLE PANELS ARE REQUIRED, THEY ARE TO BE EQUAL LENGTHS. (c,. SUMP PIT DETAIL 3/4" = 1'-0" C2 • GROUT CELLS SOLID @ SUMP PIT 3/8" CHAMFER,\ \\//\// / CMU WALL - SEE PLAN FOR SIZE & REINF PROVIDE DURAGRID PANEL CLIP HOLDDOWN @ 2'-0" OC 1-4000 1-1/2" DURAGRID GRATING EL -SEE PLAN Ay L3X3X1/4 CONT - W/ 1/2" HILTI KWIK HUS-EZ BOLT @ 2'-0" OC OR EQUIVALENT MASONRY DWLS TO MATCH VERT REINF 8" CONC FDN WALL W/ #5 @ 12" OC SEE PLAN FOR FTG SIZE & REINF EL -SEE PLAN IF MULTIPLE GRATE PANELS ARE REQUIRED, INSTALL DURAGRID 1-4000 INSERT CLIP HOLD-DOWNS, MODEL #758 AND 1 1/2"X1 1/2"X3/16" PVC ANGLE UNDERBAR AT MIDSPAN TO CONNECT MULTIPLE PANELS IF SUMP IS LONGER THAN 60". IF MULTIPLE PANELS ARE REQUIRED, THEY ARE TO BE EQUAL LENGTHS. SUMP PIT DETAIL B1 w w 3/8" CHAMFER as CMU WALL - SEE PLAN FOR SIZE & REINF MASONRY DWLS TO MATCH VERT REINF 1/2" EXP JT MATERIAL CONC SLAB - SEE PLAN i EL -SEE PLAN 8" CONC FDN WALL W/ #5 © 12" OC SEE PLAN FOR FTG SIZE & REINF 4 EL -SEE PLAN Atir 1,"-4 -arm edz • •• WALL & SLAB @ FDN 3/4" = 1'-0" GRID 2X6 BLOCKING BETWEEN EA TRUSS 8" BOND BEAM WITH #5 CONT WOOD DECKING & SHEATHING - SEE PLAN PRE-ENGINEERED WOOD TRUSS - SEE PLAN HOLDDOWN @ EA TRUSS 2X4 BOT PL CMU WALL - SEE PLAN FOR SIZE & REINF TYP TRUSS BEARING @ CMU WALL 1" = 1'-0" FACIA - SEE ARCH 1/4" CAP PLATE GRIND SMOOTH GRID SEE PLAN STL BEAM - SEE PLAN 1/4" BOT PL CONT 1/4 i 1/4 3/8" CAP PLATE B2 TAPERED EXTERIOR BEAM CONN A2 1" = 1'-0" SEE ARCH 2X4 CONT BOT PL Q_EL-SEE ARCH 8" BOND BEAM WITH #5 CONT GRID WOOD DECKING & SHEATHING - SEE PLAN SEE PLAN PRE-ENGINEERED WOOD TRUSS - SEE PLAN — 2X4 BLCKG BETWEEN EA TRUSS HILTI 1/2" DIA HUS SCREW © 48" O.C. OR EQUIVALENT CMU WALL - SEE PLAN FOR SIZE & REINF TYP TRUSS BEARING @ CMU WALL WOOD DECKING & SHEATHING - SEE PLAN EL -SEE PLAN 1/4 STL COL - SEE PLAN 1" = 1'-0" SEE ARCH 2X6 CONT 2X6 BLOCKING BETWEEN EA TRUSS 2'-5 7/8" HEEL 2x4 NAILER W/ 1/2" O BOLTS @ 24" OC- STAGGERED FACIA - SEE ARCH QIEL-SEE ARCH GRID WOOD DECKING & SHEATHING - SEE PLAN PRE-ENGINEERED WOOD TRUSS - SEE PLAN HOLDDOWN @ EA TRUSS SLOPED DECK OVERHANG 1" = 1'-0" 1/4" CAP PLATE GRIND SMOOTH/ (64 1" = 1'-0" SEE PLAN GRID STL BEAM - SEE PLAN 1/4" BOT PL CONT 3/8" CAP PLATE iEL-SEE ARCH 8" BOND BEAM WITH #5 CONT CMU WALL - SEE PLAN FOR SIZE & REINF WOOD DECKING & SHEATHING - SEE PLAN EL -SEE PLAN STL COL - SEE PLAN TAPERED EXTERIOR BEAM CONN FACIA - SEE ARCH STL BEAM - SEE PLAN WOOD DECKING AND SHEATHING - SEE PLAN 1/4" CAP PLATE GRIND SMOOTH/ A4� EXTERIOR BEAM CONN 1" = 1'-0" 1/4" BOT PL CONT EL -VARIES THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Gates Park F.Y. 2023 Improvements Waterloo, Iowa Project Leader/Landscape Architect: RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezz. A Waterloo, Iowa 50703 Phone: 319-233-8090 Civil Engineer/Surveyor: AECOM, Inc. 501 Sycamore Street, Suite #222 Waterloo, Iowa 50703 Phone: 319-232-6531 Architect: INVISION Architecture 501 Sycamore Street, #101 Waterloo, Iowa 50703 Phone: 319-233-8419 Electrical & Lighting Engineer: MODUS Engineering 214 East 4th Street Waterloo, Iowa 50703 Phone: 319-235-0650 Aquatic Designer: Water Technology, Inc. (Headquarters) 100 Park Avenue Beaver Dam, WI 53916 Phone: 920-887-7375 Issued No. Date Description CO 5 CO 6 9/14/2023 CHANGE ORDER 5 10/9/2023 CHANGE ORDER 6 RFI 8 10/24/2023 RFI 8 Issue Date : 3/22/2023 Designed By : Drawn By : Reviewed By : Sheet Title STRUCTURAL DETAILS Category Sheet 55.04 City of Waterloo Contract No. 1076 Page 206 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rudy Jones, Community Development Director Community Development Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Motion approving Change Order No. 1 with Rosemont Companies, LLC, of Waterloo, Iowa, in the amount of $15,000.00, in conjunction with the Community Development excavation of old foundation, 230 Gable Street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. change order 1- Rosemont Companies Page 207 of 464 Page 208 of 464 ✓ Rosemont Companies 531 Commercial -- STE. 612 -- Waterloo, IA 50701 -- (319) 321-2705 Change Order #1 November r ber i 2023 Dear: During excavation an old foundation was discovered in the same location of the new house. For structural reasons the old foundation must be removed and the old soli over excavated. Rosemont Companies proposes to provide the following scope for 230 Gable Steet. • Additional tracking of soil to and from the site • Sorting of concrete debris and other garbage fr ni clean soil prior to transfer a Clean fill for compaction • Estimated 10-15 transfers to landfill • Landfill fee • Compaction of new fill a Structural inspection of new fill • Extend garage foundation wall (typically we would stairstep the foundation so it would typically be instead of the full _Exclusions: • Anything not listed above • Engineering and testing • Asbestos abatement • Lead abatement • Mold abatement ent Work to be completed during normal business hours (73:3O Monday — Friday) Fifteen thousand no cents ($15,000.00) Proposed based on scope listed above Rosemont Companies appreciates your work, should you have any questions or concerns, please contact us at any time. Sincerely, Rosemont Companies, LL I • E, Michael Ha wort r - �•�t.�•-tea c�w�ea ��: � ��r� !ZaittS 4S3di'34i"?7 Mike Hayworth President 319-321-2705 mi eh@ro ernontcom • anies.com Approval To Proceed [Date t Page 209 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Motion to approve the appointment of Dustin Knight from the current Civil Service List to the position of Equipment Operator! in the Street Department, effective date December 18, 2023, subject to pre- employment physical and drug testing. RECOMMENDED COUNCIL ACTION Approval of new hire. SUMMARY STATEMENT AND BACKGROUND INFORMATION Dustin Knight will be replacing Steve Gipe who retired October 27, 2023 from the Street Department. This is an EOI position. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES 266-19-7100 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 210 of 464 1. EO-I3.2023 2. Personnel Req Questions - EO1-10.17.23 3. Signed Form - Gipe Retirement Page 211 of 464 CITY OF t.Att TERLOO IOWA Community of Opportunity AIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION EQUIPMENT OPERATOR I DEPARTMENT PUBLIC WORKS -STREET SALARY $28.24, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Performs semi -skilled construction, street maintenance and labor functions such as pothole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Street Department Director(s) and Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Performs routine street repairs such as pothole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 2. Assists in preparation for winter by erecting snow fence, installing plows, wings, spreaders on trucks and spraying anti -icing material. 3. Operates dump trucks, infrared asphalt heater, crack sealer, equipment with buckets like a wheel loader, backhoe, skid loader, equipment used for HMA and spray injection patching, assists in loading, hauling from street repairs and/ or plowing snow and operating snow and ice control trucks during snow emergencies up to sixteen hours a day. Operates other heavy duty and rough - riding vehicles and equipment. 4. Participates in special service programs such as emergency storm damage clean up. 5. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 6. Cleans roadside ditches of brush with weed trimming equipment or chain saws. 7. Washes vehicles, changes tires, plow blades, plow markers and general equipment and vehicle repairs. 8. General maintenance of city buildings including carpentry, plumbing, flooring, cleaning and painting. Page 212 of 464 9. Assists other departments as needed (Example would be mechanical work in the garage or picking up refuse in the Sanitation Department.) 10. Works in busy traffic areas, operating street maintenance vehicle or on foot. 11. Performs street maintenance and repairs in trenches and on uneven ground. 12. Lifts and carries items weighing up to one hundred pounds with assistance as needed. 13. Works outside in all weather conditions; works near moving vehicles and equipment and around mechanical hazards; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and traffic fumes; visibility might be poor. 14. Performs work of a repetitive nature and varied workload pace. 15. Works independently and with others with minimum supervision. 16. Attends work regularly at the designated place and time. 17. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City, and Street Department safety rules and regulations. 18. Performs all other duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of traffic and safety rules. 2. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions 3. Ability to read street signs, chemical hazard labels and written directions of supervisors. 4. Ability to safely operate a loader, dump truck, snowplow, snow and ice control truck, concrete saw, air hammer and other power tools. 5. Ability to complete daily work sheets weather written and/or the use of a computer, tablet, etc. 6. Ability to complete assigned work projects without direct supervision. 7. Ability to respond to questions and comments from the general public tactfully and politely. 8. Ability to work in a group atmosphere or independently 9. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hard hat. 2. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within 30 mile radius of Waterloo City Hall -will be given reasonable compliance period as determined by department head). Must maintain a local telephone number in order to be contacted during emergencies. 3. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires 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. 5. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. Page 213 of 464 6. Must submit to and pass Civil Service examination procedures, including equipment test and panel interview. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year related street construction experience in all types of weather conditions and knowledge of the use of a wide variety of hand tools found in street construction and maintenance work OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 3. Required to possess or obtain an Iowa Class A Commercial Drivers' License (CDL) with air brake and tanker endorsements within 6 months of employment. Good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault within a three-year period. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. 8. For applicants that meet the essential physical abilities standards, reasonable accommodations may be considered. Page 214 of 464 WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. or 11:00 p.m.-7:00 a.m. Will generally work Monday through Friday with twenty -minute paid working lunch. Will be required to respond to emergency calls on weekends, evenings and holidays. There may be significant overtime during severe snow emergencies or flooding. Employees hired in this job classification may be cross -utilized in other City departments in emergency and non -emergency situations as determined by the workload. Consequently, hours of work, including starting and ending times, work schedule, rest periods, work duties etc. will vary depending on the department to which the employee is assigned. EQUIPMENT EXAMIMATION Those applicants who meet the minimum qualifications and who have a good driving record based on City of Waterloo driver performance criteria will be required to participate in a driving test that will test skills in operating equipment used in this job classification. An individual must receive a minimum of eighty out of one hundred points to achieve a passing score on the equipment examination. This will be a pass/fail test. City of Waterloo regular employees who presently hold a Class A or B Commercial Driver's License as a requirement for their job will not be required to participate in the equipment examination. ORAL EXAMIMATION Those applicants who pass the equipment examination will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An 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 lists. Applicants who qualify as outlined and who 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 Iowa Code 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. Employment is contingent on passing a post job offer physical examination including a drug test. Failure to pass the physical or drug test will result in withdrawal of the employment offer. TESTING DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the equipment and oral examinations. EqOperl April 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 215 of 464 PERSONNEL REQUISITION Equipment Operator I The following questions are provided as guidelines to assist you in developing your rational for the position of Equipment Operator I in the Street Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Snow removal/plowing and street maintenance which includes crack sealing, repairing pot holes, HMA, concrete work and chip seal improvements. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications, however, a reduced number of operators will directly impact the ability to provide timely services for the city and its citizens. (3) How is the work of this position being accomplished now? Reduced number of operators means reduced tasks that can be completed. (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 department to meet its objectives, i.e. seal -coating, grading, ditching, maintaining shoulders, street sweeping and most importantly snow and ice control. (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. The position is directly related to providing services to the citizens in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary. These positions are assigned projects and routes critical to meet the demands of our citizen support programs. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide Page 216 of 464 (9) statistics if possible. The department workload is multi -faceted; it is driven on citizen complaints received, annual preventative maintenance, seasonal street maintenance, and storm water ordinance compliance. 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. Less equipment operators means less material loads to and from the work site, increased idle time for other personnel waiting for product, as well as an increase in snow removal overtime and less equipment available to handle snow emergencies (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As in any position, some jobs can't be completed with the timeliness expected of both the department and the customer. (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? It would not be practical to outsource the duties of the equipment operator. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? It is comparable to all building and commercial fire inspections. It is equally important. During snow emergencies, many businesses in town cannot operate without access to their businesses. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered, service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 217 of 464 PERSONNEL REQUISITION FORM Check as applicable: E To start recruiting or civil service process and/or ® To fill a vacancy n Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. a*wwrexxxxxxxxxxxxxxx*********axr,xaxxr.rr.r.r.r.r.*r.************x***************************xxxxxxxxw**** Position Title: Equipment Operator I Department: Street Department Reports To: Street Department Director Work Location: Public Works -Street Department Employment Status: ® Regular Full Time ❑ Temporary Full Time from to E Regular Part Time n Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: 177 Non -bargaining Position: ® Yes ® Yes Recommended Recruitment Sources: ❑ No ❑ Internal Posting Only ❑ No ® Internal Posting and External Advertising ❑ Yes ® No Complete the following if the requisition is to fill a vacancy: n New Position or ® Replacement Position for: Steven Gipe —Equipment Operator I (retirement) (Specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred n Promoted Date incumbent terminated employment: 10/27/23 Date of final payout: Anticipated start date:ASAP No. of hours/week: 40 Work schedule: TBA Justification of need for position: Position is budgeted and required to support Street Department operations in chip and crack sealing, general street maintenance, and snow removal. Request authorization to hire from the Civil Service List. What are the likely consequences if the position is not filled? A reduced number of employees will have a negative impact on the department's ability to complete all necessary street repairs and snow removal operations. APPROVALS Annual salary requirements: $60,882.74 Hourly Rate: $29.24 Benefits: $45.72/ $95,097.60 (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: ubmitting Department Head Date Mayor Date Chief Financial Officer Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 218 of 464 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department December 4, 2023 AGENDA ITEM TITLE Motion to approve the appointment of Chawne Paige to the position of Director of Culture and Arts in the Culture and Arts Department, effective December 6, 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. Personnel Action Form Paige Chawne 12-4-2023 2. PR questions -Director of Culture and Arts 3. CULTURE ARTS DIRECTOR DESCRIPTION 12 Page 219 of 464 Page 220 of 464 CITY OF WATERLOO PERSONNEL ACTION FORM EMPLOYEE INFORMATION MUST COMPLETE SSN#/ Employee ID # 10369 Last/First/Middle Name Paige Chawne n Bargaining ❑ Non -Bargaining Effective Date/DOH 12/06/2023 EMPLOYEE INFORMATION IF APPLICABLE ONLY COMPLETE FOR NEW HIRES AND WHEN SUBMITTING A CHANGE TO ONE OF THESE AREAS Fund/Dept #/Acty/acct(1111or1112-not needed) 010-26-4250 Grad Date / If High School Student Address City/State/Zip Email address: Cell #: Department (required) Center for Arts Job Title/Classification/Program Center for the Arts Director Hourly Rate $46.58 Shift or Squad Date of Birth Married Single Xl US Citizen Veteran ❑ White ® Black or African -American ❑ Asian ❑ Hispanic or Latino ❑ Two or More Races/Ethnicities ❑ American Indian or Alaskan Native (not Hlspanlc or Latino ❑ Native Hawaiian or Other Pacific Islander (not Hispanic or Latino) ❑ Male Female STATUS CHANGE New Department Hire Regular EE w/Benefits Part Time EE (Over 6 months) Seasonal/Temp EE (<6 months) Transfer Promotion FLSA Change Probationary/Step Increase Rate Change Budget Number A Layoff COMMENTS Move to Director to replacement to Kent ADDITIONAL PAYS ❑ Waste Water Cert. Pay - 25¢ U 2nd Shift (Laborers) - 35¢ ❑ Bldg. Cert. Pay I - 20¢ ❑ Waste Water Cert. Pay - 50¢ ❑ 3rd Shift (Laborers) - 45¢ ❑ Bldg. Cert. Pay II - 40¢ ❑ Paramedic Pay - $11.54 7 Start Police Shift- 50¢ ❑ Bldg. Cert. Pay III - 60¢ Paramedic Pay - $34.62 I I Stop Police Shift ❑ FOR PART-TIME OR SEASONAL EMPLOYEES ONLY Culture & Arts ❑ Culture & Arts 010 26 4250 ❑ Youth Pavilion 010 26 4208 SIGNATURES Department Head Date 11/30/2023 Human Resources Date Routing: Original to Human Resources by Department ❑ Input in MSS/New World Updated 10-8-2018 Human Resources Will Forward Copies After Change(s) Occur(s) to: Department and Finance Page 221 of 464 PERSONNEL REQUISITION The following questions are provided as guidelines to assist you in developing your rational for the position of Director of Cuture and Arts in the Waterloo Center for the Arts 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? Accountable for the strategic leadership and effective operation of the Waterloo Center for the Arts, Youth Pavilion, and RiverLoop requiring innovation with the capability to formulate long-term, exercise of independent judgment and initiative. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. This job requires a high level of specialized skills or knowledge that is not readily available in the existing workforce. This include specific a deep understanding of Art and Museum Education. The unique perspective and creativity of the individual in this role is critical to the success of the organization's projects and initiatives. (3) How is the work of this position being accomplished now? The work is being performed by the Interim Director of Culture & Arts and the staff. (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)? Oversees the physical operations of the Center for the Arts facilities, Youth Pavilion and RiverLoop and coordinates with City Maintenance and/or designers, architects and engineers involved with renovation and building projects. Also, Oversees selection and development of exhibits, educational programs and Page 222 of 464 classes, catalogs, promotional materials, special events, collection and conservation activities. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? We would lose revenue if this position isn't filled. This would have a debilitative effect on Waterloo Center for the Arts Revenues and Expenses. (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 is more demanding given the changes with the pandemic. (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. The City of Waterloo will severely lack with regards to ability to coordinate, direct and review all cultural and artistic programming and activities and the physical operations of the Center for the Arts, Youth Pavilion and Riverloop. There wouldn't be any leadership that could help move the Center for the Arts forward. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Combination of other staff stepping in. (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? That could be a possibility for the future. But an onsite staff leader is important given the changes in Waterloo Center for the Arts. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Page 223 of 464 One of the top priorities to fill in my administration. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position impacts several different goals but most importantly a collaboration. Without a strong Culture and Art Center we will lose our connection with so many diversified residents, creativity and it connection to people from across the world. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 224 of 464 CULTURE & ARTS DIRECTOR DEPARTMENT SALARY FL SA CIVIL SERVICE BARGAINING UNIT • WATERLOO CENTER FOR THE ARTS EXEMPT NOT INCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES Professional and administrative position under the general direction of the Mayor and City Council responsible for planning, organizing and directing the operations and activities of the Waterloo Center for the Arts, Phelps Youth Pavilion and the RiverLoop Facilities. Extensive leeway is granted for the exercise of independent judgment and initiative. Supervises and coordinates the work of professional, technical, maintenance, clerical and volunteer staff. EXAMPLES OF ESSENTIAL FUNCTIONS These functions are considered essential for successful performance in this job classification. 1. Oversees selection and development of exhibits, educational programs and classes, catalogs, promotional materials, special events, collection and conservation activities. 2. Directs Culture and Arts Commission and Friends of the Art Center activities. 3. Hires, trains, supervises, plans, organizes, directs and evaluates Center for the Arts staff in implementing the expressed goals, policies and directives of the Mayor, Council and Commission. 4. Oversees the physical operations of the Center for the Arts facilities, Youth Pavilion and RiverLoop and coordinates with City Maintenance and/or designers, architects and engineers involved with renovation and building proj ects. 5. Develops annual department operating budget and analyzes and interprets operating and financial reports for Center for the Arts; administers department purchasing, expenditures and revenues. 6. Develops and administers internal Center for the Arts policies, rules and regulations. 7. Supervises the writing and dissemination of all Center for the Arts materials. 8. Supervises the writing of grant applications, writes selected grants, oversees grant budgets, directs staff in submission of grants and final reports. 9. Supervises the organization and implementation of the annual arts and crafts sale and other fund raising events and activities. 10. Supervises the selection of materials for the Center for the Arts Library. 11. Facilitates relations between organizations residing in or meeting in the Center for the Arts as well as in the community. 12. Represents Art Center/Culture and Arts Commission in the City, State and region. 13. Investigates and responds to questions and complaints made by Center for the Arts patrons in a courteous and timely manner. 14. Develops policies and procedures designed to increase the efficiency and effectiveness of department operations. 15. Attends City Council and a variety of other meetings and activities related to Center for the Arts programs. 16. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 17. Attends meetings, conferences, workshops and training sessions and reviews publications and audio-visual materials to become and remain Page 225 of 464 current on the principles, practices and new developments in the Arts. 18. Works independently and with others with limited supervision. 19. Regular attendance on the job and at the work site is required. 20. Answers questions from and establishes and maintains effective working relationships with other City employees, City Council, Mayor, Commission members, representatives of the media and the public regarding Center for the Arts activities. 21. Performs all work duties and activities in accordance with OSHA, City and department policies, procedures and safety practices. 22. Performs other duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Comprehensive knowledge of the social, demographic and economic issues of the City and region. 2. Comprehensive knowledge of the resources and services of local public and private cultural venues and agencies. 3. Thorough knowledge of public and private grant and funding sources. 4. Thorough knowledge of administrative practices, including team building and goal setting. 5. Comprehensive knowledge of municipal budgeting principles. 6. Working knowledge of computer technology and software applications; ability to operate a personal computer using standard or customized software applications appropriate to assigned tasks. 7. Ability to coordinate, direct and review all cultural and artistic programming and activities and the physical operations of the Center for the Arts, Youth Pavilion and Riverloop. 8. Ability to interview, select, train, supervise and evaluate staff and resolve complaints, conflicts and problems with staff and the public; ability to use time, material, and staff resources effectively and efficiently. 9. Ability to communicate effectively with local businesses, civic and citizen groups and funding sources orally and in writing, using technical and non -technical language. 10. Ability to establish and maintain harmonious working relationships with subordinates, municipal officials, Culture & Arts Commission and the public. 11. Ability to understand and follow oral and/or written policies, procedures and instructions. 12. Ability to prepare and present accurate and reliable reports containing findings and recommendations. 13. Ability to use logical and creative thought processes to develop solutions according to written specifications and/or oral instructions. 14. Ability to perform a wide variety of duties and responsibilities with accuracy and speed under the pressure of time -sensitive deadlines. 15. Ability to demonstrate integrity, ingenuity and inventiveness in the performance of assigned tasks. 16. Ability to make public presentations and present self in a poised, professional and appropriate manner in a variety of situations. 17. Ability to function with independent judgment and skills to plan, organize and implement all activities of the Waterloo Center for the Arts. 18 Ability to communicate clearly and concisely orally and in writing, analyze and interpret data, review materials on a variety of department issues, give recommendations, review operating and financial statements and administrative reports and respond to questions and concerns from elected officials, the media and the public tactfully and in a clear, concise and easily understandable manner. Page 226 of 464 19. Decision -making ability to develop rules, policies, regulations, programs and budget for the department. 20. Ability to work with diverse groups of people from a broad variety of social, economic, racial, educational, ethnic and cultural backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Graduate of an accredited college or university with a Bachelor's Degree in Applied Arts, Art Education or Museum Education and a minimum of five years progressively more responsible experience in art education or museum management. OR Any equivalent combination of education, experience and training that provides the knowledge, skills and abilities necessary to perform the work. 2. Strong oral and written communication skills with particular emphasis on communicating effectively with a wide variety of individuals. 3. If operating a City vehicle, current driver's license and good driving record based on City of Waterloo driver performance criteria. Four or more moving violations within the previous three years, three or more moving violations within the previous one-year, or conviction or loss of license for OWI, 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 OWI, 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 clarity of speech and hearing or other communication capabilities that permits the employee to communicate effectively in person or on the phone. 2. Sufficient vision or other powers of observation that permits the employee to review a wide variety of written material and art objects. 3. Sufficient manual dexterity that permits the employee to operate a personal computer and related equipment. 4. Sufficient personal mobility that permits the employee to access all Culture & Arts facilities and to occasionally travel out-of-town. 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. Must establish residency within Waterloo City limits within time period as determined by Mayor. 3. Must submit to and successfully pass panel interview and subsequent interview(s) by the Mayor or his designee(s). 4. The City of Waterloo reserves the right to require a physical examination and drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of this job classification. WORK SCHEDULE Generally 8:00 a.m. to 5:00 p.m. Monday through Friday. Must also be available outside of and in addition to these hours for City Council or other meetings and activities that require the attendance of the Culture & Arts Director. Will occasionally make out -of -City trips. Minority, female & disabled individuals are encouraged to apply. A.A./E.E.O CULTURE & ARTS DIRECTOR DESCRIPTION 12 November 2012 Page 227 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department December 4, 2023 AGENDA ITEM TITLE Christopher Schmitz Board/Commission: Board of Adjustments Expiration Date: February 2, 2025 New -partial 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. Boards and Commissions Application - Christopher Schmitz Page 228 of 464 CITY 1ki t TIERLOO CITY OF WATERLOO, IOWA "'" BOARDS & COMMISSIONS APPLICATION Date: 07/05/2023 I, Christopher D. Schmitz (Name) 1, Planning and Zoning 2. , request to be appointed to (state preference): Home Phone: Cell Phone:2183102 56 Work Phone: Email Address authorchristopherdschmitz@gmail.com Home Address800 w 4th st, waterloo IA EmployerAuthor, The Weis Mansion B&B Titleowner Employer Address800 w 4th st, waterloo IA Zip Code50702 Zip Code50702 How long have you resided in Waterloo? 1 yrs Email address: S00 w 4th st, waterloo IA List current membership in organizations and offices held: many in the past, but not since relocating I am available for meetings: QA.M.]✓ P.M. Q Noon 0 Evenings I am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission:familiaritY with city government (past reporter for city govt in MN) where i was an active member in community. working with habitat and local neighborhood assoc in waterloo since moving here. extensive activity with local nonprofits and organizations in Redwood Falls/Redwood Cty MN. Was a nonprofit director for 10 yrs prior and have an eye towards logistics Additional information and comments that may not be evident from information already on this form: not currently holding offices but previous offices of president of rotary club and other rotary offices. Own 2 businesses, 1 being the city's only full service bed & breakfast (in the historic Henry Weis House) and my wife and I have gone all -in on waterloo and are looking for places where we can serve, making the city thrive References (include phone numbers): Ali Parrish, (Exec Dir Habitat for Humanity, Waterloo, IA) 319-235-9946 Sean Levesque, (Exec Dir for YFC, Willmar, MN) 320-235-0119 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 gn will remain valid and on file for one calendar year from above date. Signature Rev 02120/2020 or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor@waterloo-ia.orq; PHONE 291-4301 Page 229 of 464 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Communication from the Library Department on the notice of the conclusion of employment of Endya Johnson, Library Assistant, effective October 25, 2023 with recommendation of approval of payout of $4,140.05 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. JOHNSON PAYOUT 12-4-2023 Page 230 of 464 Page 231 of 464 CITY F WATERLOO 10 WA To; City Council Members Re Notice of Severance Department CITY HALL Library 715 MULBERRY STREET 50703 Today's Date: 11/13/2023 Effective Date: 10/25/2023 Employment Date: 10/15/2007 Job TitlelClassification This is to report that the employment of Library Assistant with the City of Waterloo has been severed by reason of: In accordance Comments: Endya C. Johnson u Retired Disability Related ONo I Resigned Termination [..[ Other Deceased I th City Policy, it is requested to allow payment which consists of the fallowing: ene t Toted tir t.r 9 l liouny fete _ Total't€ ay itlacati n-Ac reed 4,82 26,40 $ 127.25 acation- ient 144 $ 26.40 $ 3,801.60 table Sick Leeve (x) 25% $ Pzert ir'ek heave (x) 60% $ P'ersral t!€t r i $ $ Owes sick leave $ Bittirdlr 8 $26.40 $ 211.20 Total Payment $ 4,140.05; Approved by Human Resources '� • ; CQ f i' Date 11/13/2023 Date i��191.) 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: ./ a Accruals (Copy in Personnel File) Department and Human Resources [-Status Updated 6/28/11 Page 232 of 464 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Communication from the Fire Department on the notice of the conclusion of employment of Kurt Graven, Fire Engineer, effective November 14, 2023 with recommendation of approval of payout of $30,278.51 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. GRAVEN PAYOUT 12-4-2023 Page 233 of 464 Page 234 of 464 CITY OF J4IITERLOO IOWA To: City Council Members Re: Notice of Severance Department Waterloo Fire Rescue Job Title/Classification Fire Engineer Today's Date: 11/14/2023 Effective Date: 11/14/2023 Employment Date: 8/11/1997 This is to report that the employment of Kurt Graven with the City of Waterloo has been severed by reason of: 0 Retired Disability Related ❑ No [] Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: 251.00 $ 31.04 $ 7,790.78 480.00 $ 31.04 $ 14, 898.70 120.00 $ 31.04 75% $ 2, 793.51 74.00 $ 31.04 $ 2,296.88 0.50 $ 31.04 $ 15.52 80.00 $ 31.04 $ 2,483.12 $ 31.04 $ - Total Payment $ 30,278.51 Comments: 2022 Vacation = 192 hours, 2023 Vacation = 288 hours, 2024 Vacation Accrued = 251 hours Approved by Human Resources Date /f Z_S Ntkk(' 7ihe-l4- Date 11/14/2023 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Council Agenda Date: 12/4/2023 ❑ Accruals ❑Status 171-9 Page 235 of 464 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE Board of Adjustment meeting minutes of September 26, 2023. RECOMMENDED COUNCIL ACTION Approval. MEETING DATE December 4, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board of Adjustment minutes September 26, 2023 Page 236 of 464 CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES REGULAR MEETING - 4:00 P.M. SEPTEMBER 26, 2023 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson Condon at 4:00 p.m. via zoom and in -person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Brad Condon, Jeri Thornsberry, John Beckman, Craig Holdiman, and Carole Gustafson. Members present electronically were: None Members absent were: None Others present were: Aric Schroeder, Lexi Schneider, Seth Hyberger, & John Dornoff — Planning Department, and five citizens. Others present electronically were: Dave Boesen — City Council Liaison. I. Approval of the Agenda It was moved by Beckman and seconded by Gustafson to approve the agenda. Motion carried unanimously. H. Approval of the Minutes from the regular meetings on August 22, 2023. It was moved by Beckman, seconded by Thornsberry, to approve the amended minutes of the August 22, 2023, meeting, updating page 3, the last paragraph of item 2, to complete the sentence. Motion carried unanimously. III. Decision Items 1. Request by Waterloo Fiber for a Special Permit to construct a 20' X 11.5' (232 square foot) fiber shelter adjacent to Fire Station No. 6 at 3288 Ansborough Avenue in the "R-3" Multiple Residence District. Dornoff read the staff report recommending approval of the request. Condon noted it is not a very attractive building, to which Thornsberry answered that for safety, it is probably better to be nondescript. Eric Lage, Waterloo Fiber, noted he was available to answer questions. Thornsberry asked where the central office is, to which Lage responded that the offices are at Public Works facility and there will be three of these shelters around town, but this one is to cover phase 1 of the project. It was moved by Beckman, seconded by Holdiman, to approve the request by Waterloo Fiber for a Special Permit to construct a 20' X 11.5' (232 square foot) fiber shelter adjacent to Fire Station No. 6 at 3288 Ansborough Avenue in the "R-3"Multiple Residence District. Motion carried unanimously. Page 237 of 464 City of Waterloo Board of Adjustment September 26, 2023 2. Request by Archland Property I LLC (McDonald's) for a variance to allow for a 3' parking lot setback, 2' less than the 5' required in the "C-2" Commercial District located at 2222 Logan Avenue. Dornoff read the stall report recommending approval of the request. There were no comments on this request. It was moved by Thornsberry, seconded by Gustafson, to approve the request by Archland Property I LLC (McDonald's) for a variance to allow for a 3' parking lot setback, 2' less than the 5' required in the "C-2" Commercial District located at 2222 Logan Avenue. Motion carried unanimously. 3. Request by Nagle Signs on behalf of Unity Point for a variance to allow for a 96 square foot wall sign for a total signage of 156 square feet, 92 square feet more than the 64 square feet allowed in the "R-4" Multiple Residence District located at 419 East Donald Street Hyberger read the staff report recommending approval of the request. Condon stated this request points out again that the Sign Ordinance needs to be changed and that 64 square feet for a building this size is not enough. Mason Fromm, Nagle Signs, noted the proposed sign is the same size as the existing banner and the previous set of mounted letters. Fromm also noted he made two attempts to collect signatures of approval from residents and got one signature. It was moved by Holdiman, seconded by Gustafson, to approve the request by Nagle Signs on behalf of Unity Point for a variance to allow for a 96 square foot wall sign for a total signage of 156 square feet, 92 square feet more than the 64 square feet allowed in the "R-4" Multiple Residence District located at 419 East Donald Street. Motion carried unanimously. 4. Request by Signs & Design on behalf of First Baptist Church for a variance to the sign regulations to allow for a digital message board and a variance to the total square footage limit to allow total signage of 78.65 square feet, 14.65 square feet more than the 64 square feet allowed in the "R-3" Multiple Residence District located at 434 Baltimore Street (1200 West 4th Street). Hyberger read the staff report recommending approval of the request. Condon asked if the Sign Ordinance was changed when it comes to the flashing parts and if there were time limits put on new signs would that affect previously approved signs, to which Schroeder responded that any sign approved before the Ordnance was modified would become grandfathered in as having been approved before the change. Condon further stated that there had been opposition to a couple of the flashing signs for the church on Kimball and the one on Hammond, and there were restrictions put on the Hammond one, so suggested the flashing part of the Ordinance stay the same, which Schroeder responded that the size part of the Ordinance needs to be updated but the lighted signs may still need to be looked at. Condon further noted that they might not object when a person first comes around asking about it, but having it flash through their bedroom window for two or three years may make them think about whether they should have objected or not. -2 Page 238 of 464 City of Waterloo Board of Adjustment September 26, 2023 Holdiman asked where on the property this sign would be placed, to which Dornoff answered that it would be placed where the existing monument sign is at the corner of Baltimore Street and West 4th Street. Von Syhlman, Signs and Designs, confirmed that the sign would be replacing the existing monument sign at the corner. Condon asked if the applicant understood the question about the flashing and if it had come up with the applicant, to which Syhlman answered that they could talk to the church leaders to which Holdiman asked if it could be dimmed at a certain time to which Syhlman answered yes. Condon stated that he feels a limit should be put on the number of hours it is run or get an agreement for them to turn it off at night voluntarily. Bob Jenkins, 1945 West 6th Street, Chairman of the First Baptist Church, stated that they would be open to any limits on the sign as they do not want to be a problem in the neighborhood. Beckman noted that the sign company is keenly aware of the Board's concerns, and they can work with the church to come to a happy medium. Condon brought up the concerns of the neighbors on Hammond from the flashing sign, to which Gustafson noted that she lives around the block from United Methodist Church and she doesn't see any problems with the sign there, to which Condon responds that the neighbor on Hammond was very firm that the sign caused problems. Mason Fromm, Nagle Signs, noted the flashing portion can be programmed by the end user, is completely controllable, and the responsibility for that becoming a problem relies on the church and supports the variance process to weed out the people that could be going for the cheap display that does not have the programmable features where you can control when the sign displays. Fromm also noted that the signs have onboard photo eyes that will dim the sign when it gets dark or whenever the sky gets dark from a thunderstorm. There is a way to override it, but customers are told not to touch it. Holdiman stated that if the sign dims itself, there should be no concern, to which Condon responded that the sign on Hammond had to be turned off and Dornoff noted that the sign on Hammond is required to be turned off from lOpm to 6am. Thornsberry asked if it should be put in as a condition that the sign be dimmed at lOpm to which Condon stated it would be dimmed when it gets dark to which Fromm confirms. Schroeder explains how the Ordinance reads on flashing signs and internally lit signs and explains the differences. Condon states that he feels that there should be a condition added requiring the sign to be turned off or dimmed. Thornsberry noted that the sign could be changed in the future, so a stipulation should be put in that requires the sign to be dimmed or turned off at night, and Condon responded that a stipulation should be put in on all these types of requests. Gustafson noted that the representative of the church would do whatever is necessary to be a good steward of the area, to which Beckman responded that Condon wants that in writing and should be in writing from this time forward. -3 Page 239 of 464 City of Waterloo Board of Adjustment September 26, 2023 It was moved by Gustafson, seconded by Beckman, to approve the request by Signs & Design on behalf of First Baptist Church for a variance to the sign regulations to allow for a digital message board and a variance to the total square footage limit to allow total signage of 78.65 square feet, 14.65 square feet more than the 64 square feet allowed, with the condition that the sign be dimmed from 10pm to 6am located in the "R-3" Multiple Residence District at 434 Baltimore Street (a.k.a. 1200 West 41"' Street). Motion carried unanimously. 5. Request by VGM Association dba Strategic Imaging for a variance to the sign regulations to allow for a temporary banner sign longer than 60 days to allow for a banner sign to be permanently used in the "C-3" Central Business District located at 120 Jefferson Street. Schneider read the staff report recommending approval of the request. Condon asked if the applicants were requesting the sign be there forever. Bari Richter, VGM Associates Strategic Imaging, stated that the client understands that the sign cannot be up forever, and if the Board puts a parameter on approval, they would be very open to that but they were not ready to put on a timeframe yet. Beckman asked if the client has a timeframe, to which Richter stated that the client does not have a timeframe but stated that if you put on a requirement that it can only be up for two or three years, or whatever amount of time, she would be supportive of that. Thornsberry asked what the sign would be made of, to which Richter stated that the sign would be made up of banner material that would not last forever. Richter noted that the banner is for a one-year award so it should not be up for five years. Gustafson asked if there were any images showing what the banner would look like to which Richter answered that the client was not willing to show any artwork and the size has not been determined, but it would remain within the 32 square feet as that was what a permanent sign would be allowed. Thornsberry asked when the award was received, to which Richter answered they started talking about it in August. Condon suggested making the variance until December 31, 2023, to which Thornsberry suggested if the award was given in July or August, then the variance should go to the end of August 2024. Richter stated that she would have loved to present a complete packet, but that is not what she had available. Gustafson suggested that the item should be tabled until more information is provided, to which Richter stated that making the client wait another month is not preferred, but if the Board wants to see more details, then Richter will carry that information back to the client. Beckman suggested that all they can do is throw in a timeframe. - 4 Page 240 of 464 City of Waterloo Board of Adjustment September 26, 2023 It was moved by Beckman, seconded by Thornsberry, to approve the request by VGMAssociation dba Strategic Imaging for a variance to the sign regulations to allow for a temporary banner sign longer than 60 days to allow for a banner sign to be permitted from October 1, 2023, to September 30, 2024, in the "C-3" Central Business District located at 120 Jefferson Street. Motion carried unanimously. 6. Request by Superior Properties, LLC for a 1-year temporary variance to the hard surfacing requirements to allow for a granular parking surface in the "M-1" Light Industrial District located east of 3165 Airline Highway. Dornoff read the stall report recommending approval of the request. Condon asked if by granular surface it means rock, to which Dornoff said yes or something like gravel. Boesen asked who follows up at the end of the year, to which Dornoff responded that it would be planning staff who will send a letter, and then if they don't respond, it will be transferred to Code Enforcement. Dornoff noted that staff suggested an 18-month variance to the applicant, but they stated the 1-year time period is fine. Condon asked if they were planning to start soon, to which Dornoff responded that they are planning to start soon. It was moved by Thornsberry, seconded by Gustafson, to approve the request by Superior Properties, LLC for a 1-year temporary variance to the hard surfacing requirements to allow for a granular parking surface in the "M-1" Light Industrial District located east of 3165 Airline Highway. Motion carried unanimously. 7. Request by Freedom Truck & Trailer Wash for a 3-year temporary variance to the hard surfacing requirements to allow for asphalt millings in a parking area in the "B-P" Business Park District located south and west of 3124 Titan Trail. Dornoff read the staff report recommending approval of a temporary 3-year variance, with Dornoff noting it was staff who determined that it should be a 3-year variance and informed the applicant of this and that the main vehicular use areas of the property will be properly hard surfaced. Thornsberry asked who would be doing the evaluation, to which Schroeder responded it would be staff working with the engineering department. Schroeder also noted that while it is part of the Zoning Ordinance, it is the Engineering Department that has strict standards and has been hesitant to allow alternatives such as asphalt millings as there are concerns about how well it will hold up. However, it has been suggested that some of these alternatives be looked at so this will allow all parties to see how well it holds up. Schroeder explained what Asphalt Milling are and some of the concerns about it. Thornsberry asked if a condition could be put on the request that the company track the amount of traffic that uses the area, to which Schroeder responded that it would probably be difficult for the company to keep track of traffic numbers. -5 Page 241 of 464 City of Waterloo Board of Adjustment September 26, 2023 It was moved by Beckman, seconded by Thornsberry, to approve the request Freedom Truck & Trailer Wash for a 3-year temporary variance to the hard surfacing requirements to allow for asphalt millings in a parking area until September 30, 2026 with the condition that planning and engineering staff monitor once a year in the "B-P" Business Park District located south and west of 3124 Titan Trail. Motion carried unanimously. 8. Request by Jacqueline Heeney for a variance to allow for vertical metal siding on a 24' X 32' (768 square foot) accessory structure in addition to metal siding applied to an existing 24' X 26' (624 square foot) accessory structure in the "A-1" Agricultural District located at 5312 Hammond Avenue. Schneider read the staff report recommending approval of the request and gave some additional background information on the request. Condon asked if the building was put up by the applicant or a contractor, to which Schneider stated she was not sure. Thornsberry asked for clarification that a building permit was issued to the existing garage in error, to which Schneider stated that because it was only being resided, the planning department was not involved when the Building Department issued the permit, but the siding material should not have been allowed, so yes, the permit was issued in error. It was moved by Gustafson, seconded by Holdiman, to approve the request Jacqueline Heeney for a variance to allow for vertical metal siding on a 24' X 32' (768 square foot) accessory structure in addition to metal siding applied to an existing 24' X 26' (624 square foot) accessory structure in the "A-1 "Agricultural District located at 5312 Hammond Avenue. Motion carried unanimously. 9. Request by Steege Construction for a variance to allow for an accessory structure in the front yard to allow for the construction of a 20' X 11'2" (224 square foot) accessory structure in the "R-3" Multiple Residence District located at 2221 Fairway Lane. Schneider read the staff report recommending approval of the request. There were no comments on this request. It was moved by Holdiman, seconded by Thornsberry, to approve the request by Steege Construction for a variance to allow for an accessory structure in the front yard to allow for the construction of a 20' X 11'2" (224 square foot) accessory structure in the "R-3" Multiple Residence District located at 2221 Fairway Lane. Motion carried unanimously. IV. Discussion Condon asked that discussion about the December meeting be put on the next meeting agenda. The next meeting of the Board of Adjustment will be on October 24, 2023. Thornsberry asked about the permanence of the staff reports to which Schroeder stated that we keep them forever; however, many of the older ones were lost in the 2008 floods. -6 Page 242 of 464 City of Waterloo Board of Adjustment September 26, 2023 V. Adjournment It was moved by Beckman, seconded by Holdiman, to adjourn the meeting at 5:25 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II -7 Page 243 of 464 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 December 4, 2023 AGENDA ITEM TITLE Complete Streets Advisory Committee minutes of September 26, 2023. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Minutes Complete Streets 09-26-23 Page 244 of 464 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting September 26, 2023 The Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30 pm September 26, 2023, by Chairperson Cass in the Mollenhoff Conference Room at Waterloo City Hall. Roll Call: Members present: Felicia Cass, Aric Schroeder, Paul Huting, Jessica Rucker, Curtis Young, John Dornoff, Oumie Ceesay, Kyle Durant, and Dwight Diercks. Members absent were: David Sturch, Kathryn Gilbery, and Ray Feuss. Other attendees: None. It was moved by Young and seconded by Sturch to approve the minutes of the August 29, 2023, meeting. Motion carried unanimously. Agenda Items: 1. CIP • The deadline for the CIP has moved up, so the committee needs to have their recommendations in by this coming Monday. • Johnson and 7th Street is the only project that is possible in this year's sidewalk zone as most of Zone 4 which will be done this year already has sidewalks. • Budget is tighter this year. • There may only be money this year for basic street repair. • City Council is less inclined to do bigger infrastructure projects. • US Highway 63/Sergeant Road will be reconstructed next year however, any pedestrian improvements to connect up with the new sidewalks on Fletcher Street would be the responsibility of the city because the Iowa Department of Transportation does not do pedestrian and bicycle improvements. • The city will install a crossing of US Highway 63/Sergeant Road, which would include a pedestrian refuge. • The Funds to put in the sidewalk along Fletcher were paid for from savings from other projects, but most of the CIP money was used to put in a trail at the new Edison Park. • Ceesay looked at two options for sidewalk/trail from University Avenue to Janney along Ansborough Avenue. Constructing it along the east side of Ansborough Avenue would cost $43,144 while detouring along Chalmers and Janney Avenues would cost $73,408. • The concern with running it along the east side of Ansborough Avenue is that there would be no traffic light to stop traffic for people crossing at Janney. • Also concerns about using Janney and Chalmers as people will use the most direct path whether there is a sidewalk or not so they may not use the alternative route. • Discussion if Johnson Street is the only option as the others have a lower score and a higher price tag. • There were discussions on funding sources for infill projects. • Should the committee do a small project for CIP and then go for a big project with TAP? • There is about $1 million available in TAP, but the city will probably apply to TAP for the La Porte Road project, and other communities may go after it. However, the city may not need the whole $1 million from TAP for La Porte Road. • Discussion if TAP could be tied into the Gates Park project. • It was noted that going after less than $200,000 is not worth it for TAP. Page 245 of 464 Complete Streets Advisory Committee Minutes September 26, 2023 • Discussion if the proposed sidewalk along Hawthorne should be part of the La Porte Road project since it would connect with the La Porte Road trail. • When discussions were held with Anderson and Knutson, it was indicated their top projects would be Donald Street and Ridgeway Avenue, or emphasizing connections on major thoroughfares. • Discussion on which projects the Committee should ask for. • TAP will be programmed in April, and the funds will not be available until October 1, 2024. It was moved by Rucker, seconded by Young to propose the inclusion of the subsequent sidewalk infill projects in the Engineering Department's 2024-2025 Capital Improvement Program request, and to advocate for the City'spursuit of Transportation Alternatives Set Aside funding via the Black Hawk County MPO to fund these projects to the maximum extent feasible: 1) West Donald St, from Burton Ave to Cedar Bend St; 2) Johnson St, from W 7th St to Allen St; and 3) Ansborough Ave, from University Ave to Janney Ave. Motion passed unanimously. 2. Parklet Program • The city received the proposed guidelines from Main Street. • The city was already looking at the issue of alcohol in patios. • Sidewalk Patios and Parklets are being looked at for two separate Ordinances. • Concern about how the Ordinances as currently written. • Proposed rules will kill sidewalk cafes and any chance for Parklets including that only restaurants can have them and they must close at l0pm. • Concerns have been raised by the Police Department and the City Attorney. • Issues with current sidewalk patios not complying with rules. • 30% of sales come after l0pm. 3. Walnut • The proposal was presented to the Walnut Neighborhood Association, and there were lots of discussions. • There was a suggestion to close Walnut from Park Avenue to 4th Street. • The slip lane was originally constructed to access a gas station. • Concern about traffic turning from 4th Street to Walnut especially large vehicles. • Neighborhood working on fundraising. • Boys and Girls Club is interested in bump outs. • 5 to 7 members of the public will be on a committee to look into the ideas. 4. Bike and Pedestrian Improvements Near East High. • Looking at improvements around the school. • Complications and concerns from the school that is worried when kids get out at 3 pm and interact with bicycle traffic, as the main doors are very close to the street. • However, a representative from the school is interested in discussing the issues. • One of the ideas is to have a trail on the backside since the athletic fields are going to be redone. • Could work as a TAP project. 2 Page 246 of 464 Complete Streets Advisory Committee Minutes September 26, 2023 5. Upcoming Planning Commission Agenda Review • Schroeder went over the Planning Commission agenda. • Not enough right-of-way for sidewalks for a project along Jonathan Street. • Discussion if sidewalk should be put in on Jonathan Street and Tower Park Drive. It was moved by Young, seconded by Diercks to recommend that sidewalks be constructed on Jonathan Street and Tower Park Drive and dedicate the appropriate easements. Motion passed unanimously. 6. Other Project Status Updates • Ansborough Multi -Use Trail o VGM is interested in a trail on Ansborough from their building to Shaulis Road. o The bridge over US Highway 20 is not wide enough for bike lanes or trails, or even a sidewalk. Development is being planned on the area along Ansborough south of Hwy 20 and looking at requiring a trail along there could work, but getting them over the bridge will be very difficult. o May have to look to going over Kimball Avenue bridge instead, which is 1 mile east. Discussion Items: Cass announced that she will be stepping down from the committee at the end of the year so a new chairperson will be needed. Adjournment Cass adjourned the meeting at 3:25 p.m. Respectfully submitted, John Domoff Planner II 3 Page 247 of 464 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department December 4, 2023 AGENDA ITEM TITLE Leisure Services Commission Board minutes of October 10, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board Minutes 10-10-2023 Page 248 of 464 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, October 10, 2023 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. The meeting was called to order at 7:30am. Present: Council Liaison Dave Boesen, Jessica Rucker, Ellen Vanderloo, Tom Powers, Tim Moses, Tom Christensen, Allison Richter Staff: Paul Huting, Chris Dolan, Travis Nichols, Bob Etringer, JB Bolger, Todd Derifield Absent: Bob Bamsey Toni Christensen called for approval of the agenda. Motion by Jessica Rucker to approve the agenda, second by Tom Powers Ayes: All Nays: None Torn Christensen called for motion for the approval of the September 12, 2023 meeting minutes. Motion by Tom Powers to approve meeting minutes, second by Jessica Rucker. Ayes: All Nays: None Toni Christensen called for approval of the September bills. Questions were answered. Ellen Vanderloo made a motion to approve September bills, second by Tom Powers. Ayes: All Nays: None SPORTSPLEX PROPOSED RATES The Cedar Valley SportsPlex has proposed to raise facility rental and private rental rates in November 2023. Staff have been researching other gym rental rates to develop a plan of rental increases. Rates have not increased in the last three years. By raising facility and private rental rates by a small percentage, there would be an increase in revenue at an average of $35,000/year. With the rental increase, rates would not be increased 2024. Tom Powers made a motion to recommend to Council to approve the suggested increase in rates. Allison Richter made a second. Ayes: all Nayes: none SPORTSPLEX ADVERTISING PROGRAM The Cedar Valley SportsPlex has proposed a new advertisement contract. The new contract proposes multiple advertisement/marketing options for in-house use at the SportsPlex. The contract will offer options for business to purchase a large banner in black and white print, allow businesses to select location of banner placement such as field turf or gymnasium, and an option to add television screen pre -roll on SportsPlex televisions located in the facility. The new advertising/marketing contract also gives businesses the option to select duration of contract. Information was reviewed. Jessica Rucker made motion to recommend to City Council to approve the advertising agreement. Second by Allison Richter Ayes: all Nayes: none. CAPITAL IMPROVEMENTS PROGRAM Paul shared information on the requests for CIP funds that were submitted by the department. STAFF UPDATES Forestry — Todd Derifield Iowa DNR Tree Distribution is tonight. Two hundred trees will be distributed. They were sold in a week's time. Forestry crew recently completed their annual Line Clearance Arborist Certification allowing them to perform tree work on trees next to an Page 249 of 464 electrical conductor. Leisure Services partnered with Walnut Neighborhood Association again this year to plant 70 trees in the neighborhood with the help of Greenlowa AmeriCorp and Neighborhood volunteers. This planting is phase 3 of 4 and brings the total trees planted in the neighborhood to 250 in the past three years. These plantings were made possible by a grant from the Northeast Iowa Community Foundation. Sports and SportsPlex — Bob Etringer The SportsPlex will have turf replaced beginning Monday, October 16th. The SportsPlex staff is currently working through offers for this year's advertising budget. We have a couple agencies submitting quotes. The advertising plan is to promote for new members as the winter months arrive. The promotion would run November -February which is the biggest new member registration of the season. Current SportsPlex Programs include: Karate, Dance/Tumbling Current Sports Programs include: Flag Football, Youth Basketball, Mayor's League and Adult Volleyball Young Arena — Chris Dolan Waterloo Black Hawks home opener will be on Saturday October 14. The Battle of Waterloo Wrestling Tournament will take place December 14-16. The Girls Division will have 24 teams. The Boys division will have 32 teams. The East handicapped entrance concrete and asphalt repairs are complete. The City of Waterloo Public Works Department completed the work. Leisure staff is working with engineering and sign and traffic on improving parking lot signage. Construction, Projects — Travis Nichols The crew continues to do daily garbage route and restroom cleaning. They continue to do park inspections and general maintenance in parks and leisure facilities. The crew erected the shelter framing at Edison Park last Saturday. The Edison Playground is competed and open. JB's crew got the area seeded and it is coming in nicely. Water shutdown started this week and should be completed by mid -November. The Gates project is moving along and is showing a lot changes to the park. The Byrnes project is out to bid with a pre -bid meeting scheduled for Monday, October 16th. The Greenbelt project is still waiting on shelter package to be fabricated and delivered. Discussion was held about cell tower flag and Texas Street with Travis stating he would reach out to planning department Park, Golf and Downtown Area — JB Bolger Friendship Village Engineering Consultant provided renderings of the new pickleball courts and parking lot that are to be installed in Bontrager Park. Staff has provided feedback to the Consultant that some additional sidewalks are needed to connect the parking lot to the courts to comply with ADA regulations. Fliers for the Miller Park basketball court ribbon cutting event were passed around. That ribbon cutting is Monday October 23rd at 2:45pm. Final grading of the soil and seeding has been completed and staff from the school are watering the site. Gates soccer field was seeded and we are running the new irrigation system from the Gates Golf Course Superintendents Office to get that new field turf established. We have retained Cody Funk Landscape Architecture to design conceptual layouts of historic pieces of Edison School that were preserved from the school during the demolition process some years ago. We have kept those pieces in storage and hope to utilize them at the new park to honor the history of the school that once stood at that site. Golf rounds continue to look good and the golf report was included with the board packet. Page 250 of 464 The next regular Leisure Services Commission Meeting will be held Tuesday, November 14, 2023. Motion made by Jessica Rucker to adjourn the meeting, second by Ellen Vanderloo. Tom Christensen adjourned the meeting at 8:17am. J sica Rucker, Secretary Date�l\4\L .7 Page 251 of 464 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Request by the City of Waterloo on behalf of H&A, LC, to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The area of the proposed site is currently zoned "A-1" Agricultural District and has been zoned as such since adoption of Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North — Agricultural and John Deere Factory zoned "M-2,P" Planned Industrial District. South — Iowa Northern Railroad, a detention pond, and Martin Luther King, Jr. Drive zoned "M-2,P" Planned Industrial District. East — Agricultural land and a residence zoned "M-2,P" Planned Industrial District. Warren Transportation and IBP are located farther to the east. West — Industrial uses and agricultural land zoned "M-1" Light Industrial District and "M-2,P" Planned Industrial District, including the Northeast Industrial Park. The applicant is requesting to rezone approximately 60 acres of land from "A-1" Agricultural District to "M-2,P" Planned Industrial District for future industrial development. The site is located in the heart of the Northeast Industrial area, being located just east of several companies, including Gray Transportation and Ryder Logistics and to the south of the John Deere factory and west of IBP. Most of the surrounding land is zoned "M-2,P" except for the adjacent property to the west, which is zoned "M-1" Light Industrial District. A portion of the property is in the 100-year floodplain; therefore, any development in the floodplain areas would need to be at least 1 foot above the base flood elevations. However, since the land is proposed to be rezoned as a planned district, any future development will need to come to the Planning, Programming, and Zoning Commission and City Council for approval. The Planning, Programming and Zoning Commission voted 7-0 to recommend approval of the request at their November 14, 2023 meeting. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood as it is Page 252 of 464 compatible with zoning in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was heald by the Planning Programming and Zoning Commission on November 14, 2023, and voted 7-0 to recommend approval, and notices were sent to all property owners within 250 feet of the rezone area. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION The Northwest 1/4 of the Northwest Quarter of Section 21, T89N, R12W, and all that part of the Southwest 1/4 of the Northwest Quarter of said Section 21 lying Northerly of the Northerly line of the right-of-way of the Chicago Great Western Rail Road, City of Waterloo, Iowa. ATTACHMENTS 1 Staff Report - E of 2950 Newell Street 2. East of 2950 Newell - Rezone Al to M2P - Aerial Map 3. East of 2950 Newell - Rezone Al to M2P - Overview Map 4. Application Page 253 of 464 November 14, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: DEVELOPMENT HISTORY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by the City of Waterloo on behalf of H&A, LC to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to rezone the properties in question from "A-1" Agricultural District to "M-2,P" Planned Industrial District for future industrial development. The request would not appear to have a negative impact on the surrounding neighborhood as it is compatible with zoning in the area. The request does not appear to have a negative impact on nearby properties or land uses. The site will be accessed from Newell Street, which is classified as a Minor Arterial. A trail is located along Martin Luther King, Jr Drive, which is located to the south of the property in question. The surrounding commercial development was constructed between 1980 and 1997, with residential development between 1948 and 1971. The area of the proposed site is currently zoned "A-1" Agricultural District and has been zoned as such since adoption of Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North — Agricultural and John Deere Factory zoned "M-2,P" Planned Industrial District. South — Iowa Northern Railroad, a detention pond, and Martin Luther King, Jr. Drive zoned "M-2,P" Planned Industrial District. East — Agricultural land and a residence zoned "M-2,P" Planned Industrial District. Warren Transportation and IBP are located farther to the east. West — Industrial uses and agricultural land zoned "M-1" Light Industrial District and "M-2,P" Planned Industrial District including the Northeast Industrial Park. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 1 of 7 Page 254 of 464 November 14, 2023 BUFFERS/ SCREENING REQUIRED: DRAINAGE: 1 3 ter, l ' .-: MU KING JR DR There is no screening required in relation to this request. A drainage plan will not be required to be submitted until development plans are done. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 2 of 7 Page 255 of 464 November 14, 2023 FLOODPLAIN: Portions of the property are located in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0194F, dated July 18, 2011. 07/18/11 DFIRM FLOODPLAIN FLOOD ZONE 0.2 PCT ANNUAL CHANCE FLOOD HAZARD A AE AO X PROTECTED BY LEVEE PUBLIC /OPEN There are no schools in the immediate area. SPACES/ SCHOOLS: East of 2950 Newell Rezone "A-1" to "M-2,P" Page 3 of 7 Page 256 of 464 November 14, 2023 Picture 1: Looking northeast from Martin Luther King, Jr. Drive. Picture 2: Looking north from Martin Luther King, Jr. Drive. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 4 of 7 Page 257 of 464 November 14, 2023 Picture 3: Looking south from Newell Street at the rezone area. Picture 4: 2950 Newell Street. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 5 of 7 Page 258 of 464 November 14, 2023 UTILITIES: WATER, There are 24" and 36" sanitary sewer lines located on the southern SANITARY SEWER, portion of the property located adjacent to the Iowa Northern Railroad. STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Future Land Use Map designates this property as Industrial. The proposed land use is in conformance with the Future Land Use Map for this area. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan, approved on August 21, 2023. STAFF ANALYSIS The applicant is requesting to rezone approximately 60 acres of land ZONING ORDINANCE: from "A-1" Agricultural District to "M-2,P" Planned Industrial District for future industrial development. The site is located in the heart of the Northeast Industrial area, being located just east of several companies, including Gray Transportation and Ryder Logistics and to the south of the John Deere factory and west of IBP. Most of the surrounding land is zoned "M-2,P" except for the adjacent property to the west which is zoned "M-1" Light Industrial District. TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS SUBDIVISION ORDINANCE: A portion of the property is in the 100-year floodplain; therefore, any development in the floodplain areas would need to be at least 1 foot above the base flood elevations. However, since the land is proposed to be rezoned as a planned district, any future development will need to come to the Planning, Programming, and Zoning Commission and City Council for approval. At their November 14, 2023 meeting, the Planning, Programming, and Zoning Commission voted 7-0 to recommend approval of the request. There were no comments from the Technical Review Committee on this request. There is no platting in relation to this request. STAFF Therefore, staff recommends that the request by the City of Waterloo on RECOMMENDATION: behalf of H&A, LC to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 6 of 7 Page 259 of 464 November 14, 2023 3. The zoning will be consistent with much of the rest of the Northeast Industrial Area. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 7 of 7 Page 260 of 464 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 2950 Newell Street NEWELL ST Properties Proposing Rezoning East of 295o Newell Street Rezone from "A-i" to "M-2,P" City of Waterloo on behalf of H&A, LC hnnr- ?R1 of 4R N i0k'� ' E O/ s OF W A TF o �� lll. ;.„T o City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 .1 East of 295o Newell Street Rezone from "A-1" to "M-2,P" City of Waterloo on behalf of H&A, LC • APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): City of Waterloo Address: 715 Mulberry Street Phone:319-291-4366 Fax: City: Waterloo State: Iowa Zip:50703 Email: noel.anderson(cr�.waterloo-ia.ora b. Status of applicant: (a) Owner 0 (b) Other 0 (SELECT ONE): If other explain: c. Property owner's name if different than above (please print): H&A LC Address: 8101 Dysart Avenu Phone: Fax: City: Waterloo State: Iowa Zip:50701 Email: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: East of 2950 Newell Street b. Legal description of property to be rezoned: NW NW SEC 21 T 89 R 12 and ALL THAT PART OF SW NWLYING NLYOFTHE NLYLINE OFRTOFWAY OFCGV' c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning:A-t Requested zoning:M-2, P f. Reason(s) for rezoning and proposed use(s) of property: Future development g. Conditions (if any) agreed to: ii. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The fling fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same 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 mtheir decision. The undersigned authorize City Zoning Officials to enter the property in question in re . rds to e request. Signature of Applicant Date Signature of Owner Date Page 263 of 464 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Request by Prairie Rapids II, LLC, for a Site Plan Amendment to construct a 48-unit multi -family residence building in the "S-1" Shopping Center District located east of 3121 Kimball Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting a site plan amendment in order to construct a 12,524 square foot main base apartment complex. The 3-story building would have a total square footage of 37,572 square feet. The applicant is proposing a 3-story building with 48 1-bedroom units. Each unit will be approximately 650 to 750 square feet and include 1 bedroom, 1 bathroom, in -unit washer and dryer, and a balcony or patio. The building is proposed to have a white, grey, and brown fagade. The facade will be constructed out of cement board. The Zoning Ordinance normally requires two parking spaces for each dwelling unit. 50% of this requirement may be represented by garage spaces. The building will have 48-units, which requires 96 parking spaces. The site plan shows 24 new garages and 49 new parking stalls for a total of 73 spaces. Staff is in support of 73 parking stalls for this site as 1.5 parking stalls per unit are proposed and the units are all 1-bedroom apartments. The site is zoned "S-1" Shopping Center Commercial District, which allows for flexibility in requirements, including parking requirements, if approved as such as part of the Site Plan Amendment approval process. The Planning, Programming, and Zoning Commission unamminously voted to approve the request at their October 10, 2023 meeting. The Planning, Programming, and Zoning Commission approved three different proposed site plans. One site plan showed 51 total parking stalls with 24 of those being garages, another one showed 99 stalls with no garages and the last one showed 122 stalls with no garages. The applicant proposed the current site plan with 73 parking stalls after talking with staff and the Planning, Programming, and Zoning Commission. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding area, as the area is composed of commercial uses and there are multi -family units to the east of this site. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by a private drive which is served by E Ridgeway Avenue, which is classified as a Minor Arterial street. Page 264 of 464 There are sidewalks along Kimball Avenue to the west of 3121 Kimball Avenue. Sidewalks are located to the south of the site along Park Lane. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel "D" of Plat of Survey Doc. #2009-06842, a part of the Northwest Fractional Quarter of Section 3, Township 88 North, Range 13 West of the 5th P.M., Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Council Packet Page 265 of 464 October 10, 2023 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: DRAINAGE: Request by Prairie Rapids II, LLC for a Site Plan Amendment to construct a new 48-unit multi -family residence building in the "S-1" Shopping Center District located east of 3121 Kimball Avenue. Prairie Rapids II LLC, 211 1st Ave SE, Cedar Rapids, IA 52401 The applicant is requesting to construct a 12,524 square foot, 3-story building for 48 residential units, east of 3121 Kimball Avenue. The request would not appear to have a negative impact on the surrounding area, as the area is composed of commercial uses and there are multi -family units to the east of this site. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by a private drive which is served by E Ridgeway Avenue, which is classified as a Minor Arterial street. There are sidewalks along Kimball Avenue to the west of 3121 Kimball Avenue. Sidewalks are located to the south of the site along Park Lane. The site in question is zoned "S-1" Shopping Center District and has been zoned as such since the adoption of the zoning ordinance in 1969. The surrounding property zoning and their uses are as follows: North: Heritage Square commercial development zoned "S-1" Shopping Center District. East: Apartment buildings, zoned "S-1" Shopping Center District. South: Single-family homes, zoned "R-2" One and Two Family District. West: Vacant land and AutoZone, zoned "S-1" Shopping Center District. A combination of solid fencing and landscaping screening will be required along the south property line for this site. This will buffer the new multi -family building from the single-family homes to the south. 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. The applicant plans to use the existing storm water detention area to the east of the site that will share with the five exising 12-unit apartment buildings. SPA— Prairie Rapids Square II Page 1 of 8 53 Page 266 of 464 October 10, 2023 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: Commercial buildings in the area were built between 1967 and 2020. The multi -family residential complex to the east was built in 2021. The single-family homes to the south were built in the 1960's. 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. Lou Henry Elementary School is located approximately 0.46 miles to the southwest. Hoover Middle School is located approximately 0.37 miles to the southwest. Waterloo West High School is located approximately 0.3 miles to the northeast. Bontrager Park along with Dry Run Creek is located approximately 0.46 miles southeast of the property in question. UTILITIES: WATER, A 30" storm sewer is located within a 20' easement in the SANITARY SEWER, southern portion of the lot. A 24" Storm Sewer line is located STORM SEWER, ETC. within Prairie Rapids Square and along the westerly property line of the lot with the existing multi -family units. RELATIONSHIP TO The Future Land Use Map designates the area in question as COMPREHENSIVE Commercial. The proposed Site Plan Amendment conforms to LAND USE PLAN: the Future Land Use Map and Comprehensive Plan. The site is located within the Primary Growth Area. STAFF ANALYSIS — The applicant is requesting a site plan amendment in order to ZONING construct a 12,524 square foot main base apartment complex. ORDINANCE: The 3-story building would have a total square footage of 37,572 square feet. The applicant is proposing a 3-story building with 48 1- bedroom units. Each unit will be approximately 650 to 750 square feet and include 1 bedroom, 1 bathroom, in -unit washer and dryer, and a balcony or patio. The building is proposed to have a white, grey, and brown facade. The facade will be constructed out of cement board. The Zoning Ordinance requires two parking spaces for each dwelling unit. 50% of this requirement may be represented by garage spaces. The building will have 48-units, which requires 96 parking spaces. The site plan shows 24 new garages and 27 new stalls for a total of 51 spaces. Including the previous phase to the east, they would have 183 parking spaces (garages and stalls). The site will need a total of 216 parking spaces between existing and proposed. Therefore, the site plan will need to be updated to show additional parking stalls. SPA —Prairie Rapids Square II Page 2 of 8 54 Page 267 of 464 October 10, 2023 Prairie Rapids Square Phase 2 Preliminary Site Plan 0 lutziwaraormre rata Prairie Rapids Square Phase 2 Preliminary Building Elevations a g IA _j a wff ■e!Iim II tm 11_II I'•:'• I! 131!'!1111r.I=-1_I� ,m 1 Ems, mI7 11_Io mI i i 1 11 }1 11 1 11 1 11 I ling I.I Mg in i �® in 11111 1111� .r 1 111E 7` 1 1111 r. : I11i 1 11 1 CI 1 11 • 1 1 11 emr — emen !wme — e — !, •u 111 Min 1111■ rr' 1 111■ IN ! 11111 r1 ! 111■ nn ! MIN!! ! 1.irt ilc illl�i "— 1�" 1 ii� — — '�'— "— IC 1I1 I 131i -- 1111r• -. 11• Mil ii ! 1 .iii 11r :ui ! EIr uu 1 17IU%, .11 11 R11011 1i1 11 III 11 111 Il 11I 11 pI 11 111 11 '-HIGH-. PRAIRIE RAPIDS SQUARE PHASE 2 APARTMENTS simonson 1 OF 1 11 13 SPA —Prairie Rapids Square II Page 3 of 8 55 Page 268 of 464 October 10, 2023 Prairie Rapids Square Phase 2 Preliminary Floor Layout UNIT MIX & COUNT II t51. S ' '= • PRAIRIE RAPIDS SQUARE PHASE 2 APARTMENTS Simonson Wafer1. , IF0.121.2133 Prairie Rapids Square Phase 2 Preliminary Unit Design 14 15 SPA —Prairie Rapids Square II Page 4 of 8 56 Page 269 of 464 October 10, 2023 Picture 1: Looking east from AutoZone toward the existing Prairie Rapids 1. Picture 2: Looking southeast toward existing Prairie Rapids 1. SPA —Prairie Rapids Square II Page 5 of 8 57 Page 270 of 464 October 10, 2023 Picture 3: Looking south toward homes along Park Lane. Picture 4: Prairie Rapids 1. SPA —Prairie Rapids Square II Page 6 of 8 58 Page 271 of 464 October 10, 2023 Picture 5: Looking west from existing Prairie Rapids I toward AutoZone. Picture 6: Looking northwest from Prairie Rapids I toward KFC. SPA —Prairie Rapids Square II Page 7 of 8 59 Page 272 of 464 October 10, 2023 TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The Fire Department noted the site will need to be sprinkled with fire alarms and there will need to be fire department access and aerial access to the site. Secondary access is getting close to being required for this site. The area is not being subdivided as part of this request. Therefore, staff recommends that the request by Prairie Rapids II, LLC for a Site Plan Amendment to construct a new 48-unit multi -family residence building in the "S-1" Shopping Center District located east of 3121 Kimball Avenue, 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 similar residential and commercial uses. 3. The request would appear to be compatible with the surrounding commercial and residential development. And subject to the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. SPA —Prairie Rapids Square II Page 8 of 8 60 Page 273 of 464 City of Waterloo Planning, Programming and Zoning Commission October 1o, 2023 HAMPSHIRE RU RKSNIRE RD HILLTOP RD ACHAEL ❑ z Q z R-3,R-P 00 w a U co :ELSIOR co HIRE RD IVANHOE RD R-1 WILSHIRE AVE GLENCOE AVE ' WOOD AVE HILLTOP RD RACHAEL OLYMPIC ce W. SAN MARNAN DR ❑ R-4,R-Pce B-pcol. 11 OWER PA BLVD r .W. RIDGEWA VE IcL U aQ R-4 ❑ w W PARK L R-3 w R-4, C-Z HAINES AVE 2 z BARRYINGTON IQ DR x R-3 E C-2,_ � Y C-Z Z Lw CAROLINAAVE R-3 R-2,C-Z HOLM ST E. MITCHELLAVE w co Z i— BOURLAND AVE * lil OCO 0 CO TERRACE DR MORGAN RD ACADIA ST LIFESTYLE LN * E. RIDGEWAYAVE EDGEMONT AVE LORRAINE LIBERT' 0 C`1,C-Z BOURLAND AVE N CO LOCKE AVE EASLEY R-2 SARATOGA DR R-4 OUTHBROOK C-1 C-1,C—Z N MARNAN ACCESS Er 7------- m rn w0 wJ 0 CO - 0 E. TOWER PARK w DR re WISNER DR BURBANK AV PATTO CORNW{ LORRA EASTO LOC Lid 0 WIS LIN LEONd OR v GP COLUMI FR. BRUNKEN BLVD * A-1 RAVENWOOD RD L z z j Q u- LL R-2 W v H F SO.1 R=3' E. SAN M * ' NA M-1 East of 3121 Kimball Avenue Site Plan Amendment Pairie Rapids II, LLC 61 n '7A ,..1 Ar_n City of Waterloo Planning, Programming and Zoning Commission October 10, 2023 East of 3121 Kimball Avenue Site Plan Amendment Prairie Rapids II, LLC 62 Ppgc 97c n£.4F,4 Google Maps Aerial View of Prairie Rapids Square Prairie Rapids;;. 8 63 Page 276 of 464 Prairie Rapids Square Phase 2 Preliminary Building Elevations PRAIRIE RAPIDS SQUARE PHASE 2 APARTMENTS 12 67 Page 277 of 464 Prairie Rapids Square Phase 2 Preliminary Building Elevations in I (+4 0.2 (-4 :Iu " ! 1:I1 NE I or,:1111:Iil1 air ti 1110 I Ian I : 11 il 1 :1 .I u Q nOMT PLlVATIOM rrrtro& r.mrr .m[.o Wrir !me lirE UPI ��! ffiffr. .1 III■n!� Mr" Ear .__ ! ::Ir „- ! 1 Iar -- ! In '� ! III! - ! ■Ir - ® ! 1:1 ,y Y ■l :1 v1 j :1 II1 :1 N1 :1 u1 :1 vl 1: BACK LLLYAfl • HI ni v t= PRAIRIE RAPIDS SQUARE PHASE 2 APARTMENTS Waterloo, IA simonson 13 68 Page 278 of 464 Prairie Rapids Square Phase 2 Preliminary Floor Layout UNIT MIX K COUNT m . I IMST I LOOK PLAN nl:V'[LorMFAT COIU. PRAIRIE RAPIDS SQUARE PHASE 2 APARTMENTS Waterloo. IA OS.25,2022 .rvrin—faun mon seiosir 'emu - fr Y/ IMIr simonsan 1.1010111 i {f 4 IIlII Orlin —wits of 14 69 Page 279 of 464 Prairie Rapids Square Phase 2 Preliminary Unit Design BITNROOY CLOS ET NECH. BEDROOM KITCHEN 5sactra Lane LIVING 00 BALCONY TYP ONE BEDROOM UNIT PLAN - 752 sf 15 70 Page 280 of 464 Current High Properties Assets Prairie Rapids Square, Phase 1 (60 Units) 150 Rapids Square, Waterloo High Properties Website: https://www.highpropertymanagement.com/ High Properties HQ 211 1st Ave. SE, Downtown Cedar Rapids 16 71 Page 281 of 464 Prairie Rapids Square Phase 2 Prairie Rapids Square Phase 2 is a proposed $5.5M 48-unit workforce housing project that will be located one block off the intersection of Ridgeway Ave. and Kimball Ave. in Waterloo. The growing area includes shopping and services, with easy access to Interstate 380 and four lane US Hwy 20, as well as to nearby healthcare. The site is near the new redevelopment of the former original Schoitz Memorial Hospital, which has since become part of MercyOne. The original hospital site, which is across from our site just north of Ridgeway Avenue, was raised last year for redevelopment of commercial space. The hospital's land holdings on the south side of Ridgeway Ave. were previously subdivided and sold for redevelopment. Our proposed project is part of the hospital's former land holdings. Phase 2 will be constructed on a portion of the current vacant lot that is part of the overall Prairie Rapids Square development project. Phase 2 will be sited directly west of, and adjacent to, Phase 1. The initial Prairie Rapids Phase 1 project received a Workforce Housing Tax Credit ("WFHTC") award on 10/05/2015, with those initial sixty 2- bedroom units being successfully completed in late September 2018. The City of Waterloo also provided funding of $1,000 per unit, through the City's Waterloo Housing Improvement Program ("WHIP"), which qualified the project for the State's WFHTC program, as well as helped make the project financially viable. The Phase 1 units were successfully leased up, with the Property continuing to operate at near 100% occupancy much of the time since then. Current occupancy at Phase I stands at 100%, with monthly rents averaging $1,000. The planned Phase 2 project at Prairie Rapids Square will serve additional housing needs by adding sought after rental market entry level units that will be at a price point under $1,000/month, which is in demand within the Waterloo housing market. The Phase 2 site is approximately 205 ft. wide by 498 ft. deep, or 2.34 acres. The concept plans call for a 3-story building of approximately 62 ft. wide by 202 ft. long with 48 1-bedroom, 1 bath units that will be in the 650-750 SF range. There will be an elevator serving each floor, with a stairwell near each end. The site will include surface parking and detached garage parking. Each unit will have its own washer and dryer. The units will be very energy efficient, and will meet the requirements of Energy Star 3.0. As you will see on the attached aerial image, this project continues to be the definition of infill development within Waterloo. The project will continue to transform a former dilapidated parking lot in the heart of Waterloo, that is already surrounded with infrastructure, amenities, services and continued redevelopment, into a sustainable, environmentally friendly, affordable housing community. We believe the Prairie Rapids Square Phase 2 project meets the goals of the IEDA 2022 WFHTC Program, as well as the needs & goals of the Community. We are requesting full support of the project from the City of Waterloo. The site is "Shovel Ready" in every regard and has a proven Development Team with a successful track record of developing, building and managing workforce housing projects through the IEDA WFHTC Program. 72 3 Page 282 of 464 5/2/23, 8:23 AM Google Earth Camera: 8,773 m 42°27'22'N 92'23'099N 288 m httpsa/earth.google.comlweblsearch1150{Rapids+Square,}Waterloo,+IAI@42.46543927,-92.3607599,288.94155602a,11993.37524569d,35y,6 0... 1/1 Page 283 of 464 5/2/23, 8:16 AM Google Earth . l�ON i I [h= 111:411 Lr ! 11IJ11'ly Ridgeway Rapids5quare Ridgeway Cataract Ave Goggle Earth 1 l00 m Camera: 1,038 m 42°28'03"N 92°2118"W 283 m https:Ilearth.google.comlweblsearch/150+Rapids+Square,+Waterloo,+IAI@42.46756,-92.3550127,283.4173375a,754.85740975d,35y,Oh,Ot,Or1C... 111 Page 284 of 464 W RIDGEWAY AVE 20' STORM SEWER EASEMENT STORM FES 1:" RCP INV 934.3 NW SANITARY MANHOLE STORM FES 12" RCP INV 933.90 N 10' OESETB 935- GAZEBO -" \ \ \ \ STORM MANHOLE ,RIM 920.64 INV E INV W INV 913.40 S SANITARY MANHOLE STORM MANHOLE STORM MANHOLE RIM 938.85 ( G) STORM MANHOLE RIM 935.54 INV 1 INV 1 INV 1 SANITAR RIM 932 INV 8" INV 8" 30.3 " RCP 929.68 N " RCP 929.58 S MANHO 54 VC • 0.59 E VC 920.56 STORM I RIM 931 INV 927 (G) (G) TAK 62 02 S RM M NHOLE 931.': INV 10" RCP 925.91 E /INV 15" RCP 925.87 N INV 10" RCP 925.82 W 5 �1 INV 15" RCP 925.63 S STORM MANHOLE RIM 932.03 INV 12" RCP 925.43 N INV 12" RCP 925.20 E STORM INTAKE RIM 931.85 INV 12" RCP 925.08 S INV 8" HDPE 925.87 N INV 8" HDPE 925.73 E __ INV 15" HDPE 925.51 S STORM FES 12" HDPE INV 923.12 STORM MANHOLE RIM 929.62 INV 12" RCP 924.30 E INV 24" RCP 924.17 N INV 24" RCP 923.59 S STORM MANHOLE RIM 927.28 INV 24" HDPE 922.14 N INV 24" HDPE 921.99 E I I I I EXISTING \ \ \ j \ STORM PIPE I \ \\ STORM WATER \ \\\\ \ \ \ \ 24 HDPE \ \\ \ BASIN \\ \\\\ \ \ \\\ INV 921.12 W \\ \ I �STORP I 1 j 1 OVERFLOW ELEV. 923.19 1 INV 24" OVAL RCP 919.88 W STRUCTURE TOTAL PROJECT LOT AREA - 2.35 AC SANITARY MANHOLE RIM 921.74 INV 12" PVC 911.55 SW INV 12" PVC 911.l-5-N- TORM MANHOLE IM 926.64 NV 24" RCP 921.96 N NV 24" RCP 919.14 E NV 18" RCP 918.26 S ( ST) (ST) LOT INFORMATION LOT SIZE 102,280 SF (2.35 ACRES) CURRENT ZONING S-1 (SHOPPING CENTER COMMERCIAL) SETBACK REQUIREMENTS FRONT: 20' SIDE: 10' REAR: 35' BUILDING A 3 FLOORS TOTAL UNITS 16 UNITS / FLOOR 48 1-BEDROOM UNITS Site Plan for approval by City Council. 73 parking stalls shown. LEGEND PCC PAVING PCC SIDEWALK LANDSCAPING BUILDING FOOTPRINT CONIFEROUS TREE DECIDUOUS TREE NOT FOR CONSTRUCTION N:c) Z 0 Z° U Oz ° U O X ENGINEER: DRAWING LOG 0 30 60 w 0 DESCRIPTION OF CHANGES w cC PROJECT NAME: PRAIRIE SQUARE 2 RAPIDS SQUARE WATERLOO, IA 50702 CLIENT NAME: SHEET NAME: CONCEPT D DESIGN PROFESSIONAL: PROJECT NO.: Ln N 0 N SHEET NUMBER: 1 OF 1 Nov 02, 2023 - 11:31am S: PROJECTS 2022 220125 05 design civil -survey Concepts 220125 - Linework D.dwg Page 285 of 464 540' KIMBALL AVE W RIDGEWAY AVE umirriliWs 20' STORM SEWER EASEMENT FLOWAGE EASEMENT BK 544 PG 835 10' SIDE SETBACK EXISTING STORM WATER BASIN TOTAL PROJECT LOT AREA - 2.35 AC 1 110111 10' SIDE SETBACK IRO i 4 -• t -Tgair LOT INFORMATION LOT SIZE 102,280 SF (2.35 ACRES) CURRENT ZONING S-1 (SHOPPING CENTER COMMERCIAL) SETBACK REQUIREMENTS FRONT: 20' SIDE: 10' REAR: 35' BUILDING A 3 FLOORS TOTAL UNITS 16 UNITS / FLOOR 48 1-BEDROOM UNITS Previous site plan submitted to Planning, Programming, and Zoning Commission with 99 parking stalls and no garages. Approved by Commission on October 10, 2023. LEGEND PCC PAVING PCC SIDEWALK LANDSCAPING BUILDING FOOTPRINT CONIFEROUS TREE DECIDUOUS TREE NOT FOR CONSTRUCTION N lD 0 I- M Z° U Oz° U U 0 X x ENGINEER: (:) 0 30 60 DRAWING LOG w H DESCRIPTION OF CHANGES w cc PROJECT NAME: WATERLOO WFHTC WATERLOO, IOWA, 50702 CONCEPT A DESIGN PROFESSIONAL: PROJECT NO.: NJ % -1 0 fV SHEET NUMBER: 1 OF 1 Oct 03, 2023 - 3:43pm S: PROJECTS 2022 220125 05 Design Civil -Survey Base 220125 - Linework.dwg Page 286 of 464 540' KIMBALL AVE W RIDGEWAY AVE 20' STORM SEWER EASEMENT FLOWAGE EASEMENT BK 544 PG 835 EXISTING STORM WATER BASIN TOTAL PROJECT LOT AREA - 2.35 AC IRO 4558 ! 164 5 1; 1 1, -• t avow 7-11r- w 1 10' SIDE SETBACK --35'- 24' 114Jllllll III>fllllf 10' SIDE SETBACK LOT INFORMATION LOT SIZE 102,280 SF (2.35 ACRES) CURRENT ZONING S-1 (SHOPPING CENTER COMMERCIAL) SETBACK REQUIREMENTS FRONT: 20' SIDE: 10' REAR: 35' BUILDING A 3 FLOORS TOTAL UNITS 16 UNITS / FLOOR 48 1-BEDROOM UNITS Previous site plan submitted to Planning, Programming, and Zoning Commission with 122 parking stalls and no garages. Approved by Commission on October 10, 2023. LEGEND PCC PAVING PCC SIDEWALK LANDSCAPING BUILDING FOOTPRINT CONIFEROUS TREE DECIDUOUS TREE NOT FOR CONSTRUCTION O N lD Z� 0 i— Z° Oz ° U 0 X ENGINEER: 0 30 60 DRAWING LOG w H DESCRIPTION OF CHANGES w cc PROJECT NAME: WATERLOO WFHTC WATERLOO, IOWA, 50702 CONCEPT B DESIGN PROFESSIONAL: PROJECT NO.: NJ % -1 0 fV SHEET NUMBER: 1 OF 1 Oct 03, 2023 - 4:32pm S: PROJECTS 2022 220125 05 Design Civil -Survey Concepts 220125 - Linework A.dwg Page 287 of 464 Prairie Rapids Square Phase 2 Preliminary Site Plan LOT IN:Oi1MAT1ON IATICE 102280 SF (236. ACRES) CURRENT 210//116 it (SHOPPING CENTER COSSIER SCf6AOP EIE4RRDIENTS SOPIT. 17 HOE 7n Rf/n IS' WILDING 3 AI OCAS IOTA. INTS LA UNITS/ +HOCA AA ILBLDROOM VfA1S Previous Site Plan submitted to Planning, Programming, and Zoning Commission with 51 parking stalls. Approved by Commission on October 10, 2023 LEGEND D PCC PArWO ACC ISM -WAILS LANDSCAPING B ALDIN3 FOOTPR HT CCHFEROv6 TREE DE C fxKniS TREE 111111 i 8 1 OF 1 11 Page 288 of 464 Prairie Rapids Square Overall Site Plan (Phase 2 is 2.34-acre site to west; Phase 1 is 5 buildings to the east) 7 SCF RC FUNDINC III. LLC HERITAGE SOUARE REAL ESTATE. LC 379.S' 175.0 204-5' Phase 2 - 48 Units N E IOWA REAL RA PRAIRIE DS. LLC ESTATE-(N1/FST LTD 2.34 Ac. 2.00 m OVENANT MEDICAL LATER. INC. WOW WHEW! bilIFIR owl . es- - - r ir _.-.....:riven,- -+4 ... Y Y — aim LLC r 17Si O' 20'� i- 370S•� ' LOT 1 LOT 2 LOT 3 I �I SOUiiIA R N ADDITION i r i\ L07 LOT 4 �,� / LOT B \` 71 "L Illul 132 Parking Stalls sus sae Mean Nemeses. eels yr• 1 • we.▪ �R M 1 1 r 9 Page 289 of 464 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): Prairie Rapids II LLC Address: 211 1st Ave SE, Suite A Phone:_019) 363-3900 Fax: 319-363-0207 City: Cedar Rapids State: LA Zip: 52401 Email: darrylh cr,highdevelopment.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): Same Address: Same as Applicant Information Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: Approximatel, -1 RQ yards SE of the intersection of W Ridgeway Ave & Kimball Ave. b. 401 description pf-.prolaerty grportion to beamended: PARCEL D IN DOC 2009-006842 DESC AS NW FRL QTR OF SEC 3 T 88 c. Dimensions of proposed site plan amendment: Approximately 205' X 499' d. Area of proposed site plan amendment: Approximately 2.35 acres - e. Current zonin : S f. Reasons for site plan amendment and proposed use(s) of property: Appjjcantw s awarded a Workforce_ FHousng.Iax..Credii...to_construca__48 BR T_ nits_on_the vacant port.on_of he.cur ntuvea11 site..-- — g. Conditions (if any) agreed to (does not affect existing conditions unless specified)mNnne. _................. h, Other pertinent information (use reverse side if necessary) None 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 (aplit) 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 $200i(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-reftindable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any maior_change in y of the information given will require that the requestgo 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,Programmina, 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 ofperjur_y 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_Conunission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the propert�in ques 'o . in regards to the request. Signature of icant Date Si Page 290 of 464 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE FY 2024 Fiber Optic Outside Plant (OSP) Construction, Economic Development Administration (EDA) Award Number 05-79-06185, Contract No. 1086. 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 FY24 Fiber (OSP), Cont. No. 1086 Page 291 of 464 FY2024 FIBER OPTIC OUTSIDE PLANT (OSP) Cont. No. 1086 Bid Tab: November 30, 2023 Estimate: $2,503,945.31 Bidder Bid Security Total Bid Amount MP Nexlevel LLC Maple Lake MN 5% $2,433,323.79 Price Industrial Electric Robins, IA 5% $2,095,065.87 Page 292 of 464 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,014,000.00 Sewer Revenue Capital Loan Notes, Series 2023C, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes, approval of the Tax Exemption Certificate, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The notes will evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing, and equipping all or part of the Municipal Sewer System, including those costs associated with the Clarifier 3 Project. NEIGHBORHOOD IMPACT The City will use this loan to provide permanent financing for the Clarifier 3 Project. DATA, ANALYSIS, AND STRATEGIES The issuance of capital loan notes commits the city to future repayment. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The principal amounts plus interest will be required to be repaid in the future. repayment will be made from the sewer fund, using sewer fees. ALTERNATIVE ACTION The City could choose not to sell the Capital Loan Notes. Not issuing the notes would create financial Page 293 of 464 stress on the sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loan. LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (166) - PDF 8038G 2023C Sewer SRF (02280784x7F7E1) 2. Waterloo (166) - PDF Form of Note 2023C Sewer SRF (02280788x7F7E1) 3. Waterloo (166) - PDF Letter of Instruction Issuance 2023C Sewer SRF (02280772x7F7E1) 4. Waterloo (166) - Tax Exemption Certificate 2023C Sewer SRF (02278202x7F7E1) 5. Waterloo (166) - Transcript Certificate 2023C Sewer SRF (02278252x7F7E1) 6. Waterloo (166) - Authorizing Resolution 2023C Sewer SRF (02277867x7F7E1) 7. Waterloo (166) - Delivery Certificate 2023C Sewer SRF (02278251x7F7E1) 8. Waterloo (166) - Loan and Disbursement Agreement 2023C Sewer SRF (02278192x7F7E1) Page 294 of 464 Form 8038-G (Rev. October 2021) Department of the Treasury Internal Revenue Service Part I Information Return for Tax -Exempt Governmental Bonds ► Under Internal Revenue Code section 149(e) ► See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. ► Go to www.irs.gov/F8038G for instructions and the latest information. OMB No. 1545-0047 Reporting Authority Check box if Amended Return ► ❑ 1 Issuer's name City of Waterloo, State of Iowa 2 Issuer's employer identification number (EIN) 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) 715 Mulberry Street Room/suite 5 Report number (For IRS Use Only) 13 6 City, town, or post office, state, and ZIP code Waterloo, Iowa 50703 7 Date of issue December 22, 2023 8 Name of issue $1,014,000 Sewer Revenue Capital Loan Notes, Series 2023C 9 CUSIP number None 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information Bridgett Wood, Finance Manager 10b Telephone number of officer or other employee shown on 10a 319-291-4323 Part II Type of Issue (Enter the issue price.) See the instructions and attach schedule. 11 Education 12 Health and hospital 13 Transportation 14 Public safety 15 Environment (including sewage bonds) 16 Housing 17 Utilities 18 Other. Describe ► 19a If bonds are TANs or RANs, check only box 19a b If bonds are BANs, check only box 19b 20 If bonds are in the form of a lease or installment sale, check box Part III ► ► ❑ ► ❑ Description of Bonds. Complete for the entire issue for which this form is being filed. 11 12 13 14 15 16 17 1,014,000 18 21 (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield 06/01/2043 $ 1,014,000 $ 1,014,000 10.954 years 1.7500 Part IV Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest 23 Issue price of entire issue (enter amount from line 21, column (b)) 24 Proceeds used for bond issuance costs (including underwriters' discount) 25 Proceeds used for credit enhancement 26 Proceeds allocated to reasonably required reserve or replacement fund 27 Proceeds used to refund prior tax-exempt bonds. Complete Part V . . 28 Proceeds used to refund prior taxable bonds. Complete Part V . . . 29 Total (add lines 24 through 28) 30 24 14,170.00 22 -0- 23 1,014,000 25 -0- 26 -0- 27 -0- 28 -0- Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . Part V 29 30 14,170.00 999,830.00 Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) . 34 Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) ► ► 0.0000 years 0.0000 years For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 10-2021) Page 295 of 464 Form 8038-G (Rev. 10-2021) Page 2 Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35 -0- 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC). See instructions 36a -0- b Enter the final maturity date of the GIC ► (MM/DD/YYYY) c Enter the name of the GIC provider ► - 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units 37 -0- 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑✓ and enter the following information: b Enter the date of the master pool bond ► (MM/DD/YYYY) unknown c Enter the EIN of the issuer of the master pool bond ► 52-1699886 d Enter the name of the issuer of the master pool bond ► Iowa Finance Authority - see attached 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . ► ❑ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ► ❑ 41a If the issuer has identified a hedge, check here ► ❑ and enter the following information: b Name of hedge provider ► - c Type of hedge ► - d Term of hedge ► - 42 If the issuer has superintegrated the hedge, check box ► ❑ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box ► ❑✓ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box ► ❑✓ 45a If some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount of reimbursement ► b Enter the date the official intent was adopted ► (MM/DD/YYYY) Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Sinature and belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to g process this return, to the person that I have authorized above. and Consent Signature of issuer's authorized representative ' Bridgett Wood, Finance Manager Date Type or print name and title Paid Preparer Use Only Print/Type preparer's name Kristin Billingsley Cooper Firm's name ► Ahlers & Cooney, P.0 Preparer's signature Firm's address ► 100 Court Avenue, Suite 600, Des Moines, Iowa 50309 Date Check ❑ if self -employe Firm's EIN ► Phone no. PTIN d P02001942 42-1323559 515-243-7611 Form 8038-G (Rev. 10-2021) Page 296 of 464 REGISTERED REGISTERED Certificate No. 1 Principal Amount $1,014,000 Interest Rate 1.750% UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF BLACK HAWK CITY OF WATERLOO SEWER REVENUE CAPITAL LOAN NOTE SERIES 2023C Final Maturity Date Note Date June 1, 2043 December 22, 2023 The City of Waterloo, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Iowa Finance Authority, Des Moines, Iowa or registered assigns, the principal sum of ONE MILLION FOURTEEN THOUSAND DOLLARS in lawful money of the United States of America, on the maturity dates and in the principal amounts set forth on the Debt Service Schedule attached hereto and incorporated herein by this reference, with interest on said sum from the date of each advancement made under a certain Loan and Disbursement Agreement dated as of the date hereof until paid at the rate of 1.75% per annum, payable on June 1, 2024, and semi-annually thereafter on the 1st day of June and December in each year. As set forth on said Debt Service Schedule, principal shall be payable on June 1, 2024 and annually thereafter on the first day of June in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2043. Notwithstanding the foregoing or any other provision hereof, principal and interest shall be payable as shown on said Debt Service Schedule until completion of the Project, at which time the final Debt Service Schedule shall be determined and attached hereto based upon actual advancements, final costs and completion of the Project, all as provided in the administrative rules governing the Iowa Water Pollution Control Works Financing Program. Payment of principal and interest of this Note shall at all times conform to said Debt Service Schedule and the rules of the Iowa Water Pollution Control Works Financing Program. Interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Note is issued pursuant to the provisions of Sections 384.24A and 384.83 of the Code of Iowa, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with rehabilitation of Final Secondary Clarifier #3, and evidences amounts payable under a certain Loan and Disbursement Agreement dated as of the date hereof, in conformity to a Resolution of the City Council of the City duly passed and approved. For a complete statement of the revenues and funds from which and the conditions under which this Note is payable, a statement of the conditions under which additional notes or bonds of equal standing may be issued, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above -described Loan and Disbursement Agreement and Resolution. This Note is subject to optional redemption at a price of par plus accrued interest (i) on any date upon receipt of written consent of the Iowa Finance Authority or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of this Note may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity, by lot by giving thirty (30) days' notice of redemption by certified or registered mail, to the Iowa Finance Authority (or any other registered owner of the Note). This Note is also subject to mandatory redemption as set forth in Section 5 of the Agreement. Page 297 of 464 Ownership of this Note may be transferred only by transfer upon the books kept for such purpose by the City Treasurer, Waterloo, Iowa, Iowa, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Note at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the provisions for registration and transfer contained in the Note Resolution. This Note and the series of which it forms a part, Outstanding Obligations ranking on a parity therewith and any Additional Obligations which may be hereafter issued and outstanding from time to time on a parity with said Notes, as provided in the Resolution and Loan and Disbursement Agreement of which notice is hereby given and which are hereby made a part hereof, are payable from and secured by a pledge of the Net Revenues of the municipal sewer system utility (the "System"), as defined and provided in said Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Notes, and other obligations ranking on a parity therewith, as the same become due. This Note is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said Net Revenues to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Note, have been existent, had, done and performed as required by law. IN TESTIMONY WHEREOF, said City by its City Council has caused this Note to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Treasurer, with the seal of said City impressed hereon, and authenticated by the manual or facsimile signature of an authorized representative of the Registrar, the City Clerk of the City of Waterloo, Iowa, all as of the day of , 2023. Date of authentication: CITY OF WATERLOO, STATE OF IOWA This is one of the Notes described in the within mentioned Resolution, as registered by the City Treasurer CITY TREASURER, Registrar By: Mayor ATTEST: By: Registrar and Transfer Agent: City Treasurer City Treasurer Paying Agent: City Treasurer By: Authorized Signature (SEAL) Page 298 of 464 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Note and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Note on the books kept for registration of the within Note, with full power of substitution in the premises. Dated: (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or Note(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Note is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Note, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - Custodian (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Page 299 of 464 Estimated Amortization Schedule City of Waterloo Sewer Revenue Bond CS-1921096-01 Loan summy Loan Closing Date Final Disbursement Date Final Maturity Date Loan Period in Years Total Loaned Amount 0.5% Initiation Fee Net Proceeds to Borrower Annual Interest Rate Total Interest Servicing Fee Rate Total Servicing Fees Total Loan Costs Dec 22, 2023 Mar 15, 2024 Jun 1, 2043 20 $ 1,014,000.00 5,070.00 $ 1,008,930.00 1.75% 194,286.89 0.25% 27,707.70 227,064.59 Initiation Fee - P & D Payoff - Estimated Draw #1- Estimated Draw #2- Estimated Draw #3- Estimated Draw Schedule Dec 22, 2023 Dec 22, 2023 Dec 22, 2023 Jan 19, 2024 Feb 16, 2024 Held for Final Docs - Mar 15, 2024 Total Loaned Amount 5,070.00 750,000.00 200,000.00 53,930.00 5,000.00 1,014,000.00 SRF STATE REVOLVING FUND Payment Beginning Date Balance Jun 1, 2024 Dec 1, 2024 Jun 1, 2025 Dec 1, 2025 Jun 1, 2026 Dec 1, 2026 Jun 1, 2027 Dec 1, 2027 Jun 1, 2028 Dec 1, 2028 Jun 1, 2029 Dec 1, 2029 Jun 1, 2030 Dec 1, 2030 Jun 1, 2031 Dec 1, 2031 Jun 1, 2032 Dec 1, 2032 Jun 1, 2033 Dec 1, 2033 Jun 1, 2034 1,014,000.00 977,000.00 977,000.00 938,000.00 938,000.00 898,000.00 898,000.00 857,000.00 857,000.00 815,000.00 815,000.00 772,000.00 772,000.00 727,000.00 727,000.00 681,000.00 681,000.00 633,000.00 633,000.00 584,000.00 584,000.00 Dec 1, 2034 Jun 1, 2035 Dec 1, 2035 Jun 1, 2036 Dec 1, 2036 Jun 1, 2037 Dec 1, 2037 Jun 1, 2038 Dec 1, 2038 Jun 1, 2039 533,000.00 533,000.00 481,000.00 481,000.00 427,000.00 427,000.00 372,000.00 372,000.00 315,000.00 315,000.00 Dec 1, 2039 Jun 1, 2040 Dec 1, 2040 Jun 1,2041 Dec 1, 2041 Jun 1, 2042 Dec 1, 2042 Jun 1, 2043 256,000.00 256,000.00 195,000.00 195,000.00 132,000.00 132,000.00 67,000.00 67,000.00 Principal Interest 37,000.00 39,000.00 40,000.00 41,000.00 42,000.00 43,000.00 45,000.00 46,000.00 48,000.00 49,000.00 51,000.00 52,000.00 54,000.00 55,000.00 57,000.00 59,000.00 61,000.00 63,000.00 65,000.00 67,000.00 7,413.14 8,548.75 8,872.50 8,207.50 8,207.50 7,857.50 7,857.50 7,498.75 7,498.75 7,131.25 7,131.25 6,755.00 6,755.00 6,361.25 6,361.25 5,958.75 5,958.75 5,538.75 5,538.75 5,110.00 5,110.00 4,663.75 4,663.75 4,208.75 4,208.75 3,736.25 3,736.25 3,255.00 3,255.00 2,756.25 2,756.25 2,240.00 2,240.00 1,706.25 1,706.25 1,155.00 1,155.00 586.25 586.25 Servicing Total Loan Total Annual Debt Ending Fee Payment Service Balance 1,057.70 1,221.25 1,221.25 1,172.50 1,172.50 1,122.50 1,122.50 1,071.25 1,071.25 1,018.75 1,018.75 965.00 965.00 908.75 908.75 851.25 851.25 791.25 791.25 730.00 730.00 666.25 666.25 601.25 601.25 533.75 533.75 465.00 465.00 393.75 393.75 320.00 320.00 243.75 243.75 165.00 165.00 83.75 83.75 45,470.84 9,770.00 49,093.75 9,380.00 49,380.00 8,980.00 49,980.00 8,570.00 50,570.00 8,150.00 51,150.00 7,720.00 52,720.00 7,270.00 53,270.00 6,810.00 54,810.00 6,330.00 55,330.00 5,840.00 56,840.00 5,330.00 57,330.00 4,810.00 58,810.00 4,270.00 59,270.00 3,720.00 60,720.00 3,150.00 62,150.00 2,560.00 63,560.00 1,950.00 64,950.00 1,320.00 66,320.00 670.00 67,670.00 45,470.84 58,863.75 58,760.00 58,960.00 59,140.00 59,300.00 60,440.00 60,540.00 61,620.00 61,660.00 62,680.00 62,660.00 63,620.00 63,540.00 64,440.00 65,300.00 66,120.00 66,900.00 67,640.00 68,340.00 977,000.00 977,000.00 938,000.00 938,000.00 898,000.00 898,000.00 857,000.00 857,000.00 815,000.00 815,000.00 772,000.00 772,000.00 727,000.00 727,000.00 681,000.00 681,000.00 633,000.00 633,000.00 584,000.00 584,000.00 533,000.00 533,000.00 481,000.00 481,000.00 427,000.00 427,000.00 372,000.00 372,000.00 315,000.00 315,000.00 256,000.00 256,000.00 195,000.00 195,000.00 132,000.00 132,000.00 67,000.00 67,000.00 0.00 As of 10/13/2023 INVESTING IN IOWA'S WATER www.iowasrf.com Page 300 of 464 AHLERS COONEY ATTORNEYS November 21, 2023 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ahlerslaw.com Re: Waterloo, Iowa - $1,014,000 Sewer Revenue Capital Loan Notes, Series 2023C (State of Iowa Revolving Fund Loan) Dear Kelley: With this letter I am including a resolution approving and authorizing the form of Loan and Disbursement Agreement and authorizing the issuance of the above Note to the Iowa Finance Authority (the "Authority"). The resolution also incorporates by reference the form of the Tax Exemption Certificate and Loan and Disbursement Agreement. The Tax Exemption Certificate sets out in detail a number of facts, promises and obligations which must be met and agreed to by the City in order to maintain this Note as tax exempt. The Loan and Disbursement Agreement also sets forth a number of covenants and agreements on the part of the City with respect to the repayment of the Loan. I am also attaching the final closing certificates. The Transcript Certificate can be completed and dated as soon as final action has been taken. The Delivery Certificate should be executed but left undated. The original form of Note R-1 is attached and should be printed out and scanned to us along with the other documents. The Note should be manually signed by the Mayor and City Clerk on the lines indicated on page 3, the seal of the City should be impressed as indicated and the Treasurer should manually execute as the Registrar where indicated. The date of authentication and date of delivery should be left blank; both dates will be inserted as of the actual closing date of the Loan. The Tax Exemption Certificate is an important document and contains important information concerning the calculated yield on the Notes and a number of covenants and obligations on the part of the City. This certificate should be retained as a part of your permanent records. Tax exemption is based in part upon the fact that the use of the facilities to be acquired by the City with the proceeds of the Loan will be for the benefit of the public and will not be used in the private trade or business of any business or non -tax-exempt entity. The properties acquired with the WISHARD & BAILY - 1888; GUERNSEY & BAILY- 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. -1990 Page 301 of 464 November 21, 2023 Page 2 proceeds must not be sold or diverted to any private or nonpublic use unless the significance of that action is reviewed by bond counsel. We understand that the proceeds of the loan will be used for the purpose of paying costs of construction of certain improvements and extensions to the Municipal Sanitary Sewer System of the City. All of the financed facilities are expected to be owned by the City and used by the public generally, including industrial users. We understand that there are no contractual arrangements or agreements of any sort between the City and any contributing industry using the municipal system with respect to rates or use of any part of the system. We recognize that contributing industries using the system may be subject to additional surcharges above the current user charges, depending on the strength and volume of the waste they generate. However, any such surcharges must be imposed by virtue of City ordinances and apply to all entities meeting the standards set forth therein. No other charges or payments should be imposed or paid to the City by any contributing industry for wastewater treatment services or Project -related construction and acquisition activities beyond those mandated by ordinance for certain classes of users. These understandings are reflected in the Tax Exemption Certificate, so please let me know immediately if our understandings are not correct in any respect. In addition, the Tax Exemption Certificate sets forth the best knowledge and belief which the City has as of today concerning the timely expenditure of the proceeds as the City reasonably expects expenditures to occur. This Note is issued under the expectation that the City will be exempt from the requirement to rebate arbitrage earnings to the United States Government since you intend to spend the proceeds of the Note for construction purposes within two (2) years of issuance and meet the other requirements of the two-year expenditure exemption from the rebate regulations. There are a number of other general promises and commitments by the City to take or refrain from action, which are necessary to maintain the tax exemption of this Note. You should recognize that these promises and commitments are required of the City on an ongoing basis and that the possibility of some additional future action does exist. Also attached is IRS Form 8038-G -- Information Return for Tax Exempt Governmental Bond Issues. Please sign, do not date and return a hard copy with an original signature to our office for completion. We will send you a completed copy for your file at closing. Please send scans of all of the remaining documents. If you have any questions, please let us know. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM Page 302 of 464 November 21, 2023 Page 3 KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Manager, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/ encl.) Randy Bennett, Public Works Division Manager (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 02277609-1\11310-166 Page 303 of 464 TAX EXEMPTION CERTIFICATE of CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, ISSUER $1,014,000 Sewer Revenue Capital Loan Notes, Series 2023C This instrument was prepared by: Ahlers & Cooney, P.C. 100 Court Avenue, Suite 600 Des Moines, Iowa 50309 (515) 243-7611 1 Page 304 of 464 TAX EXEMPTION CERTIFICATE CITY OF WATERLOO, IOWA THIS TAX EXEMPTION CERTIFICATE made and entered into on December 22, 2023, by the City of Waterloo, State of Iowa (the "Issuer"). INTRODUCTION This Certificate is executed and delivered in connection with the issuance by the Issuer of its $1,014,000 Sewer Revenue Capital Loan Note, Series 2023C (the "Bonds"). The Bonds are issued pursuant to the provisions of the Resolution of the Issuer authorizing the issuance of the Bonds. Such Resolution provides that the covenants contained in this Certificate constitute a part of the Issuer's contract with the owners of the Bonds. The Issuer recognizes that under the Code (as defined below) the tax-exempt status of the interest received by the owners of the Bonds is dependent upon, among other things, the facts, circumstances, and reasonable expectations of the Issuer as to future facts not in existence at this time, as well as the observance of certain covenants in the future. The Issuer covenants that it will take such action with respect to the Bonds as may be required by the Code, and pertinent legal regulations issued thereunder in order to establish and maintain the tax-exempt status of the Bonds, including the observance of all specific covenants contained in the Resolution and this Certificate. ARTICLE I DEFINITIONS The following terms as used in this Certificate shall have the meanings set forth below. The terms defined in the Resolution shall retain the meanings set forth therein when used in this Certificate. Other terms used in this Certificate shall have the meanings set forth in the Code or in the Regulations. 2 Page 305 of 464 "Annual Debt Service" means the principal of and interest on the Bonds scheduled to be paid during a given Bond Year. "Bonds" means the $1,014,000 aggregate principal amount of a Sewer Revenue Capital Loan Note, Series 2023C, of the Issuer issued in registered form pursuant to the Resolution. "Bond Counsel" means Ahlers & Cooney, P.C., Des Moines, Iowa, or an attorney at law or a firm of attorneys of nationally recognized standing in matters pertaining to the tax-exempt status of interest on obligations issued by states and their political subdivisions, duly admitted to the practice of law before the highest court of any State of the United States of America. "Bond Fund" means the Sinking Fund described in the Resolution. "Bond Year", as defined in Regulation 1.148-1(b), means a one-year period beginning on the day after expiration of the preceding Bond Year. The first Bond Year shall be the one-year or shorter period beginning on the Closing Date and ending on a principal or interest payment date, unless Issuer selects another date. "Bond Yield" means that discount rate which produces an amount equal to the Issue Price of the Bonds when used in computing the present value of all payments of principal and interest to be paid on the Bonds, using semiannual compounding on a 360-day year as computed under Regulation 1.148-4. price. "Certificate" means this Tax Exemption Certificate. "Closing" means the delivery of the Bonds in exchange for the agreed upon purchase "Closing Date" means the date of Closing. "Code" means the Internal Revenue Code of 1986, as amended, and any statutes which replace or supplement the Internal Revenue Code of 1986. "Computation Date" means each five-year period from the Closing Date through the last day of the fifth and each succeeding fifth Bond Year. "Excess Earnings" means the amount earned on all Nonpurpose Investments minus the amount which would have been earned if such Nonpurpose Investments were invested at a rate equal to the Bond Yield, plus any income attributable to such excess. "Final Bond Retirement Date" means the date on which the Bonds are actually paid in full. "Governmental Obligations" means direct general obligations of, or obligations the timely payment of the principal of and interest on which is unconditionally guaranteed by the United States. 3 Page 306 of 464 "Gross Proceeds", as defined in Regulation 1.148-1(b), means any Proceeds of the Bonds and any replacement proceeds (as defined in Regulation 1.148-1(c)) of the Bonds. "Gross Proceeds Funds" means the Project Fund and any other fund or account held for the benefit of the owners of the Bonds or containing Gross Proceeds of the Bonds except the Bond Fund and the Rebate Fund. "Issue Price", as defined in Regulation 1.148-1(b), means the initial offering price of the Bonds to the public (not including bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of the Bonds were sold to the public. The Purchasers have certified the Issue Price to be not more than $1,014,000. "Issuer" means the City of Waterloo, State of Iowa. "Minor Portion of the Bonds", as defined in Regulation 1.148-2(g), means the lesser of five (5) percent of Proceeds or $100,000. The Minor Portion of the Bonds is computed to be $50,700. "Nonpurpose Investments" means any investment property which is acquired with Gross Proceeds and is not acquired to carry out the governmental purpose of the Bonds, and may include but is not limited to U.S. Treasury bonds, corporate bonds, or certificates of deposit. "Proceeds", as defined in Regulation 1.148-1(b), means Sale Proceeds, investment proceeds and transferred proceeds of the Bonds. "Project" means the acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the rehabilitation of Final Secondary Clarifier #3, as more fully described in the Resolution. "Project Fund" means the fund established in the Resolution. "Purchaser" means the Iowa Finance Authority, Des Moines, Iowa, constituting the initial purchaser of the Bonds from the Issuer. "Rebate Amount" means the amount computed as described in this Certificate. "Rebate Fund" means the fund to be created, if necessary, pursuant to this Certificate. "Rebate Payment Date" means a date chosen by the Issuer which is not more than 60 days following each Computation Date or the Final Bond Retirement Date. -4 Page 307 of 464 "Regulations" means the Income Tax Regulations, amendments and successor provisions promulgated by the Department of the Treasury under Sections 103, 148 and 149 of the Code, or other Sections of the Code relating to "arbitrage bonds", including without limitation Regulations 1.148-1 through 1.148-11, 1.149(b)-1, 1.149-d(1), 1.150-1 and 1.150-2. "Replacement Proceeds" include, but are not limited to, sinking funds, amounts that are pledged as security for an issue, and amounts that are replaced because of a sufficiently direct nexus to a governmental purpose of an issue. "Resolution" means the resolution of the Issuer adopted on December 4, 2023 authorizing the issuance of the Bonds. "Sale Proceeds", as defined in Regulation 1.148-1(b), means any amounts actually or constructively received from the sale of the Bonds, including amounts used to pay underwriter's discount or compensation and accrued interest other than pre -issuance accrued interest. "Sinking Fund" means the Bond Fund. "Tax Exempt Obligations" means bonds or other obligations the interest on which is excludable from the gross income of the owners thereof under Section 103 of the Code and include certain regulated investment companies, stock in tax-exempt mutual funds and demand deposit SLGS. "Taxable Obligations" means all investment property, obligations or securities other than Tax Exempt Obligations. "Verification Certificate" means the certificate attached to this Certificate as Exhibit A, establishing that the Purchaser will not reoffer or sell the Bonds to the public. ARTICLE II SPECIFIC CERTIFICATIONS, REPRESENTATIONS AND AGREEMENTS The Issuer hereby certifies, represents and agrees as follows: Section 2.1 Authority to Certify and Expectations (a) The undersigned officer of the Issuer along with other officers of the Issuer, are charged with the responsibility of issuing the Bonds. (b) This Certificate is being executed and delivered in part for the purposes specified in Section 1.148-2(b)(2) of the Regulations and is intended (among other purposes) to establish reasonable expectations of the Issuer at this time. 5 Page 308 of 464 (c) The Issuer has not been notified of any disqualification or proposed disqualification of it by the Commissioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Section 1.148-2(b)(2) of the Regulations. (d) The certifications, representations and agreements set forth in this Article II are made on the basis of the facts, estimates and circumstances in existence on the date hereof, including the following: (1) with respect to amounts expected to be received from delivery of the Bonds, amounts actually received, (2) with respect to payments of amounts into various funds or accounts, review of the authorizations or directions for such payments made by the Issuer pursuant to the Resolution and this Certificate, (3) with respect to the Issue Price, the certifications of the Purchaser as set forth in the Verification Certificate, (4) with respect to expenditure of the Proceeds of the Bonds, actual expenditures and reasonable expectations of the Issuer as to when the Proceeds will be spent for purposes of the Project, (5) with respect to amounts reasonably required in a reserve fund, the expectations of the Issuer as to amounts necessary to provide for unforeseen financial difficulties, (6) with respect to Bond Yield, review of the Verification Certificate, and (7) with respect to the amount of governmental and Code Section 501(c)(3) bonds to be issued during the calendar year, the budgeting and present planning of Issuer. The Issuer has no reason to believe such facts, estimates or circumstances are untrue or incomplete in any material way. (e) To the best of the knowledge and belief of the undersigned officer of the Issuer, there are no facts, estimates or circumstances that would materially change the representations, certifications or agreements set forth in this Certificate, and the expectations herein set out are reasonable. (f) No arrangement exists under which the payment of principal or interest on the Bonds would be directly or indirectly guaranteed by the United States or any agency or instrumentality thereof. (g) After the expiration of any applicable temporary periods, and excluding investments in a bona fide debt service fund or reserve fund, not more than five percent (5%) of the Proceeds of the Bonds will be (a) used to make loans which are guaranteed by the United States or any agency or instrumentality thereof, or (b) invested in federally insured deposits or accounts. (h) The Issuer will file with the Internal Revenue Service in a timely fashion Form 8038-G, Information Return for Tax -Exempt Governmental Obligations, with respect to the Bonds and such other reports required to comply with the Code and applicable Regulations. (i) The Issuer will take no action which would cause the Bonds to become "private activity bonds" as defined in Section 141(a) of the Code, including any use of the Project by any person other than a governmental unit if such use will be as other than a member of the general public. None of the Proceeds of the Bonds will be used directly or indirectly to make or finance loans to any person other than a governmental unit. 6 Page 309 of 464 (j) The Issuer will make no change in the nature or purpose of the Project except as provided in Section 6.1 hereof (k) Except as provided in Section 6.1 hereof, the Issuer will not establish any sinking fund, bond fund, reserve fund, debt service fund or other fund reasonably expected to be used to pay debt service on the Bonds (other than the Bond Fund), exercise its option to redeem Bonds prior to maturity or effect a refunding of the Bonds. (1) No bonds or other obligations of the Issuer (1) were sold in the 15 days preceding the date of sale of the Bonds, (2) were sold or will be sold within the 15 days after the date of sale of the Bonds, (3) have been delivered in the past 15 days or (4) will be delivered in the next 15 days pursuant to a common plan of financing for the issuance of the Bonds and payable out of substantially the same source of revenues. (m) None of the Proceeds of the Bonds will be used directly or indirectly to replace funds of the Issuer used directly or indirectly to acquire obligations having a yield higher than the Bond Yield. (n) No portion of the Bonds will be issued for the purpose of investing such portion at a higher yield than the Bond Yield. (o) The Issuer does not expect that the Proceeds of the Bonds will be used in a manner that would cause them to be "arbitrage bonds" as defined in Section 148(a) of the Code. The Issuer does not expect that the Proceeds of the Bonds will be used in a manner that would cause the interest on the Bonds to be includable in the gross income of the owners of the Bonds under the Code. The Issuer will not intentionally use any portion of the Proceeds to acquire higher yielding investments. (p) The Issuer will not use the Proceeds of the Bonds to exploit the difference between tax-exempt and taxable interest rates to obtain a material financial advantage. (q) The Issuer has not issued more Bonds, issued the Bonds earlier, or allowed the Bonds to remain outstanding longer than is reasonably necessary to accomplish the governmental purposes of the Bonds. (r) The Issuer has not employed a device in connection with the issuance of the Bonds to obtain a material financial advantage (based on arbitrage) apart from savings attributable to lower interest rates. The Issuer will not realize any material financial advantage (based on arbitrage or otherwise) in connection with the issuance of the Bonds, or in connection with any transaction or series of transactions connected with the issuance of the Bonds, apart from savings attributable to lower interest rates. (s) The Bonds will not be Hedge Bonds as described in Section 149(g)(3) of the Code because the Issuer reasonably expects that it will meet the Expenditure Test set forth in Section 2.5(b) hereof and that not more than 50% of the Proceeds will be invested in Nonpurpose Investments having a substantially guaranteed yield for four or more years. 7 Page 310 of 464 Section 2.2 Receipts and Expenditures of Sale Proceeds Sale Proceeds received at Closing are expected to be deposited and expended as follows: (a) $14,170.00 representing costs of issuing the Bonds and the Initiation Fee for the Loan will be used within six months of the Closing Date to pay the costs of issuance of the Bonds (with any excess remaining on deposit in the Project Fund); and (b) $999,830.00 will be deposited into the Project Fund and will be used together with earnings thereon to pay the costs of the Project and will not exceed the amount necessary to accomplish the governmental purposes of the Bonds. Section 2.2A Reimbursement Bonds (a) Not later than 60 days after payment of Original Expenditures, the Issuer has adopted an Official Intent and has declared its intention to make a Reimbursement Allocation of Original Expenditures incurred in connection with Project Segment(s) from proceeds of the Reimbursement Bonds. (b) The Reimbursement Allocation will occur on or before the later of (i) eighteen months after the Original Expenditures are paid or (ii) eighteen months after the first Project Segment is placed in service, but in no event more than three years after the Original Expenditures are paid. (c) No other Reimbursement Allocation will be made except for Preliminary Expenditures. (d) The Reimbursement Allocation has not been undertaken to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate requirements and will not employ an abusive arbitrage device under Regulation 1.148-10. (e) Within one year of the Closing Date, the Reimbursement Allocation will not be used in a manner that results in the creation of replacement proceeds, as defined in Regulation 1.148-1. (0 forth below: For purposes of Section 2.2A, the following terms shall have the meanings set (i) "Official Intent" means a declaration of intent described under Regulation 1.150-2 to reimburse Original Expenditures with the proceeds of the Bonds. (ii) "Original Expenditure" means an expenditure for a governmental purpose that is originally paid from a source other than the Reimbursement Bonds. 8 Page 311 of 464 (iii) "Preliminary Expenditures", as defined in Regulation 1.150-2(0(2), means architectural, engineering, surveying, soil tests, Reimbursement Bond issuance costs, and similar costs incurred prior to commencement of construction, rehabilitation or acquisition of a Project Segment which do not exceed 20% of the Issue Price of the portion of the Bonds that finances the Project Segment for which they were incurred. (iv) "Project Segment" means the costs, described in an Official Intent of the Issuer, incurred prior to the Closing Date to acquire, construct, or improve land, buildings or equipment excluding current operating expenses but including costs of issuing the Reimbursement Bonds. (v) "Reimbursement Allocation" means written evidence of the use of Reimbursement Bond proceeds to reimburse a fund of the Issuer for Original Expenditures paid or advanced prior to the Closing Date and incurred in connection with a Project Segment. (vi) "Reimbursement Bonds" means the portion of the Bonds which are allocated to reimburse the Original Expenditures paid prior to the Closing Date and incurred in connection with a Project Segment. Section 2.3 Purpose of Bonds The Issuer is issuing the Bonds to pay costs of the acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the rehabilitation of Final Secondary Clarifier #3. Section 2.4 Facts Supporting Tax -Exemption Classification The Bonds are considered to be governmental bonds, not subject to the provisions of the alternate minimum tax. Proceeds of the Bonds will be used for the purpose of paying costs of construction of certain improvements and extensions to the Sewer System Utility of the City, including those costs associated with the rehabilitation of Final Secondary Clarifier #3. All of the financed facilities are owned by the City and are expected to be used by the public generally, including industrial users. There are no contractual arrangements or agreements between the City and any contributing industry using the Sewer System Utility, and there are no other lease, management contract or other similar arrangements with respect to the Sewer System Utility. Contributing industries using the Sewer System Utility may be or become subject to additional surcharges above the current user charges, depending on the strength and volume of the waste they generate. All such surcharges, however, are or will be imposed by virtue of City ordinances applicable to all entities meeting the standards set forth therein. No other charges or payments will be imposed or paid to the City by any contributing industry for wastewater treatment services or Project -related construction and acquisition beyond those mandated by ordinance for certain classes of users. 9 Page 312 of 464 No amount of Proceeds of the Bonds is to be used directly or indirectly to make or finance loans to persons other than governmental units. Section 2.5 Facts Supporting Temporary Periods for Proceeds (a) Time Test. Not later than six months after the Closing Date, the Issuer will incur a substantial binding obligation to a third party to expend at least 5% of the net Sale Proceeds of the Bonds. (b) Expenditure Test. Not less than 85% of the net Sale Proceeds will be expended for Project costs, including the reimbursement of other funds expended to date, within a three- year temporary period from the Closing Date. (c) Due Diligence Test. Not later than six months after Closing, work on the Project will have commenced and will proceed with due diligence to completion. (d) Proceeds of the Bonds representing less than six months accrued interest on the Bonds will be spent within six months of this date to pay interest on the Bonds, and will be invested without restriction as to yield for a temporary period not in excess of six months. Section 2.6 Resolution Funds at Restricted or Unrestricted Yield (a) Proceeds of the Bonds will be held and accounted for in the manner provided in the Resolution. The Issuer has not and does not expect to create or establish any other bond fund, reserve fund, or similar fund or account for the Bonds. The Issuer has not and will not pledge any moneys or Taxable Obligations in order to pay debt service on the Bonds or restrict the use of such moneys or Taxable Obligations so as to give reasonable assurances of their availability for such purposes. (b) Any monies which are invested beyond a temporary period are expected to constitute less than a major portion of the Bonds or to be restricted for investment at a yield not greater than one -eighth of one percent above the Bond Yield. (c) The Issuer has established and will use the Bond Fund primarily to achieve a proper matching of revenues and debt service within each Bond Year and the Issuer will apply moneys deposited into the Bond Fund to pay the principal of and interest on the Bonds. Such Fund will be depleted at least once each Bond Year except for a reasonable carryover amount. The carryover amount will not exceed the greater of (1) one year's earnings on the Bond Fund or (2) one -twelfth of Annual Debt Service. The Issuer will spend moneys deposited from time to time into such fund within 13 months after the date of deposit. Revenues, intended to be used to pay debt service on the Bonds, will be deposited into the Bond Fund as set forth in the Resolution. The Issuer will spend interest earned on moneys in such fund not more than 12 months after receipt. Accordingly, the Issuer will treat the Bond Fund as a bona fide debt service fund as defined in Regulation 1.148-1(b). - 10 - Page 313 of 464 Investment of amounts on deposit in the Bond Fund will not be subject to arbitrage rebate requirements as the Bonds meet the safe harbor set forth in Regulation 1.148-3(k), because the average annual debt service on the Bonds will not exceed $2,500,000. (d) The Minor Portion of the Bonds will be invested without regard to yield. Section 2.7 Pertaining to Yields (a) The purchase price of all Taxable Obligations to which restrictions apply under this Certificate as to investment yield or rebate of Excess Earnings, if any, has been and shall be calculated using (i) the price taking into account discount, premium and accrued interest, as applicable, actually paid or (ii) the fair market value if less than the price actually paid and if such Taxable Obligations were not purchased directly from the United States Treasury. The Issuer will acquire all such Taxable Obligations directly from the United States Treasury or in an arm's length transaction without regard to any amounts paid to reduce the yield on such Taxable Obligations. The Issuer will not pay or permit the payment of any amounts (other than to the United States) to reduce the yield on any Taxable Obligations. Obligations pledged to the payment of debt service on the Bonds, or deposited into any reserve fund after they have been acquired by the Issuer will be treated as though they were acquired for their fair market value on the date of such pledge or deposit. Obligations on deposit in any reserve fund on the Closing Date shall be treated as if acquired for their fair market value on the Closing Date. (b) Qualified guarantees have not been used in computing yield. (c) The Bond Yield has been computed as not less than 1 750040 percent. This Bond Yield has been computed on the basis of a purchase price for the Bonds equal to the Issue Price. ARTICLE III REBATE Section 3.1 Records Sale Proceeds of the Bonds will be held and accounted for in the manner provided in the Resolution. The Issuer will maintain adequate records for funds created by the Resolution and this Certificate including all deposits, withdrawals, transfers from, transfers to, investments, reinvestments, sales, purchases, redemptions, liquidations and use of money or obligations until six years after the Final Bond Retirement Date. Section 3.2 Rebate Fund (a) In the Resolution, the Issuer has covenanted to pay to the United States the Rebate Amount, an amount equal to the Excess Earnings on the Gross Proceeds Funds, if any, at the times and in the manner required or permitted and subject to stated special rules and allowable exceptions or exemptions. Page 314 of 464 (b) The Issuer may establish a fund pursuant to the Resolution and this Certificate which is herein referred to as the Rebate Fund. The Issuer will invest and expend amounts on deposit in the Rebate Fund in accordance with this Certificate. (c) Moneys in the Rebate Fund shall be held by the Issuer or its designee and, subject to Sections 3.4, 3.5 and 6.1 hereof, shall be held for future payment to the United States as contemplated under the provisions of this Certificate and shall not constitute part of the trust estate held for the benefit of the owners of the Bonds or the Issuer. (d) The Issuer will pay to the United States from legally available money of the Issuer (whether or not such available money is on deposit in any fund or account related to the Bonds) any amount which is required to be paid to the United States. Section 3.3 Exceptions to Rebate The Issuer reasonably expects that the Bonds are eligible for one or more exceptions from the arbitrage rebate rules set forth in the Regulations. If the Bonds are ineligible, or become ineligible, for an exception to the arbitrage rebate rules, the Issuer will comply with the provisions of this Article III. A description of the applicable rebate exception(s) is as follows: • Eighteen -Month Exception The Gross Proceeds of the Bonds are expected to be expended for the governmental purposes for which the Bonds were issued in accordance with the following schedule: 1) 15 percent spent within six months of the Closing Date; 2) 60 percent spent within one year of the Closing Date; 3) 100 percent spent within eighteen months of the Closing Date (subject to 5 percent retainage for not more than one year). In any event, the Issuer expects that the 5% reasonable retainage will be spent within 30 months of the Closing Date. For purposes of determining compliance with the six-month and twelve-month spending periods, the amount of investment earnings included shall be based on the Issuer's reasonable expectations that the average annual interest rate on investments will be not more than 6%. For purposes of determining compliance with the eighteen -month spending period, the amount of investment earnings included shall be based on actual earnings. If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall comply with the arbitrage rebate requirements of the Code. • Election to Treat as Construction Bonds. The Bonds qualify as a "construction issue" as defined in Section 148(f)(4)(C)(vi) of the Code. The Issuer reasonably expects that more than 75 percent of the "available construction proceeds" ("ACP") of the Bonds, as defined in Section 148(f)(4)(C)(vi) of the Code, will be used for construction expenditures and that not less than the following percentages of the available construction proceeds will be spent within the following periods: - 12 - Page 315 of 464 1) 10 percent spent within six months of the Closing Date; 2) 45 percent spent within one year of the Closing Date; 3) 75 percent spent within eighteen months of the Closing Date; 4) 100 percent spent within two years of the Closing Date (subject to 5 percent retainage for not more than one year). In any event, the Issuer expects that the 5% reasonable retainage will be spent within a three-year period beginning on the Closing Date. A failure to spend an amount that does not exceed the lesser of (i) 3% of the issue price or (ii) $250,000, is disregarded if the Issuer exercises due diligence to complete the Project. • Election with respect to future earnings Pursuant to Section 1.148-7(f)(2) of the Regulations, the Issuer elects to use actual investment earnings of the ACP in determining compliance with the above schedule. If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall comply with the arbitrage rebate requirements of the Code. Section 3.4 Calculation of Rebate Amount (a) As soon after each Computation Date as practicable, the Issuer shall, if necessary, calculate and determine the Excess Earnings on the Gross Proceeds Funds (the "Rebate Amount"). All calculations and determinations with respect to the Rebate Amount will be made on the basis of actual facts as of the Computation Date and reasonable expectations as to future events. (b) If the Rebate Amount exceeds the amount currently on deposit in the Rebate Fund, the Issuer may deposit an amount in the Rebate Fund such that the balance in the Rebate Fund after such deposit equals the Rebate Amount. If the amount in the Rebate Fund exceeds the Rebate Amount, the Issuer may withdraw such excess amount provided that such withdrawal can be made from amounts originally transferred to the Rebate Fund and not from earnings thereon, which may not be transferred, and only if such withdrawal may be made without liquidating investments at a loss. Section 3.5 Rebate Requirements and the Bond Fund It is expected that the Bond Fund described in the Resolution and Section 2.6(c) of this Certificate will be treated as a bona fide debt service fund as defined in Regulation 1.148-1(b). As such, any amount earned during a Bond Year on the Bond Fund and amounts earned on such amounts, if allocated to the Bond Fund, will not be taken into account in calculating the Rebate Amount for the reasons outlined in Section 2.6(c) hereof. However, should the Bond Fund cease to be treated as a bona fide debt service fund, the Bond Fund will become subject to the rebate requirements set forth in Section 3.4 hereof. - 13 - Page 316 of 464 Section 3.6 Investment of the Rebate Fund (a) Immediately upon a transfer to the Rebate Fund, the Issuer may invest all amounts in the Rebate Fund not already invested and held in the Rebate Fund, to the extent possible, in (1) SLGS, such investments to be made at a yield of not more than one -eighth of one percent above the Bond Yield, (2) Tax Exempt Obligations, (3) direct obligations of the United States or (4) certificates of deposit of any bank or savings and loan association. All investments in the Rebate Fund shall be made to mature not later than the next Rebate Payment Date. (b) If the Issuer invests in SLGS, the Issuer shall file timely subscription forms for such securities (if required). To the extent possible, amounts received from maturing SLGS shall be reinvested immediately in zero yield SLGS maturing on or before the next Rebate Payment Date. Section 3.7 Payment to the United States (a) On each Rebate Payment Date, the Issuer will pay to the United States at least ninety percent (90%) of the Rebate Amount less a computation credit of $1,000 per Bond Year for which the payment is made. (b) The Issuer will pay to the United States not later than sixty (60) days after the Final Bond Retirement Date all the rebatable arbitrage as of such date and any income attributable to such rebatable arbitrage as described in Regulation 1.148-3(0(2). (c) If necessary, on each Rebate Payment Date, the Issuer will mail a check to the Internal Revenue Service Center, Ogden, UT 84201. Each payment shall be accompanied by a copy of Form 8038-T, Arbitrage Rebate, filed with respect to the Bonds or other information reporting form as is required to comply with the Code and applicable Regulations. Section 3.8 Records (a) The Issuer will keep and retain adequate records with respect to the Bonds, the Gross Proceeds Funds, the Bond Fund, and the Rebate Fund until six years after the Final Bond Retirement Date. Such records shall include descriptions of all calculations of amounts transferred to the Rebate Fund, if any, and descriptions of all calculations of amounts paid to the United States as required by this Certificate. Such records will also show all amounts earned on moneys invested in such funds, and the actual dates and amounts of all principal, interest and redemption premiums (if any) paid on the Bonds. (b) Records relating to the investments in such Funds shall completely describe all transfers, deposits, disbursements and earnings including: (i) a complete list of all investments and reinvestments of amounts in each such Fund including, if applicable, purchase price, purchase date, type of security, accrued interest paid, interest rate, dated date, principal amount, date of maturity, interest payment dates, date of liquidation, receipt upon liquidation, market value of such - 14 - Page 317 of 464 investment on the Final Bond Retirement Date if held by the Issuer on the Final Bond Retirement Date, and market value of the investment on the date pledged to the payment of the Bonds, or the Closing Date if different from the purchase date. (ii) the amount and source of each payment to, and the amount, purpose and payee of each payment from, each such Fund. Section 3.9 Additional Payments The Issuer hereby agrees to pay to the United States from legally available money of the Issuer (whether or not such available money is on deposit in any fund or account related to the Bonds) any amount which is required to be paid to the United States, but which is not available in a fund related to the Bonds for transfer to the Rebate Fund or payment to the United States. ARTICLE IV INVESTMENT RESTRICTIONS Section 4.1 Avoidance of Prohibited Payments The Issuer will not enter into any transaction that reduces the amount required to be deposited into the Rebate Fund or paid to the United States because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Bond Yield not been relevant to either party. The Issuer will not invest or direct the investment of any funds in a manner which reduces an amount required to be paid to the United States because such transaction results in a small profit or larger loss than would have resulted if the transaction had been at arm's length and had the Bond Yield not been relevant to the Issuer. In particular, notwithstanding anything to the contrary contained herein or in the Resolution, the Issuer will not invest or direct the investment of any funds in a manner which would violate any provision of this Article IV. Section 4.2 Market Price Requirement (a) The Issuer will not purchase or direct the purchase of Taxable Obligations for more than the then available market price for such Taxable Obligations. The Issuer will not sell, liquidate or direct the sale or liquidation of Taxable Obligations for less than the then available market price. (b) For purposes of this Certificate, United States Treasury obligations purchased directly from the United States Treasury will be deemed to be purchased at the market price. Section 4.3 Investment in Certificates of Deposit (a) Notwithstanding anything to the contrary contained herein or in the Resolution, the Issuer will invest or direct the investment of funds on deposit in the Gross Proceeds Fund, the - 15 - Page 318 of 464 Bond Fund, and the Rebate Fund, in a certificate of deposit of a bank or savings bank which is permitted by law and by the Resolution only if (1) the price at which such certificate of deposit is purchased or sold is the bona fide bid price quoted by a dealer who maintains an active secondary market in certificates of deposit of the same type or (2) if there is no active secondary market in such certificates of deposit, the certificate of deposit must have a yield (A) as high or higher than the yield on comparable obligations traded on an active secondary market, as certified by a dealer who maintains such a market, and (B) as high or higher than the yield available on comparable obligations of the United States Treasury. (b) The certificate of deposit described in part 2(A) of paragraph 4.3(a) above must be executed by a dealer who maintains an active secondary market in comparable certificates of deposit and must be based on actual trades adjusted to reflect the size and term of that certificate of deposit and the stability and reputation of the bank or savings bank issuing the certificate of deposit. Section 4.4 Investment Pursuant to Investment Contracts and Agreements The Issuer will invest or direct the investment of funds on deposit in the Gross Proceeds Funds, the Bond Fund, and the Rebate Fund pursuant to an investment contract (including a repurchase agreement) only if all of the following requirements are satisfied: (a) The Issuer makes a bona fide solicitation for the purchase of the investment. A bona fide solicitation is a solicitation that satisfies all of the following requirements: (1) The bid specifications are in writing and are timely forwarded to potential providers. (2) The bid specifications include all material terms of the bid. A term is material if it may directly or indirectly affect the yield or the cost of the investment. (3) The bid specifications include a statement notifying potential providers that submission of a bid is a representation that the potential provider did not consult with any other potential provider about its bid, that the bid was determined without regard to any other formal or informal agreement that the potential provider has with the issuer or any other person (whether or not in connection with the Bonds), and that the bid is not being submitted solely as a courtesy to the issuer or any other person for purposes of satisfying the requirements of paragraph (d)(6)(iii)(B)(1) or (2) of section 1.148-5 of the Regulations. (4) The terms of the bid specifications are commercially reasonable. A term is commercially reasonable if there is a legitimate business purpose for the term other than to increase the purchase price or reduce the yield of the investment. (5) For purchases of guaranteed investment contracts only, the terms of the solicitation take into account the Issuer's reasonably expected deposit and drawdown schedule for the amounts to be invested. - 16 - Page 319 of 464 (6) All potential providers have an equal opportunity to bid and no potential provider is given the opportunity to review other bids (i.e., a last look) before providing a bid. (7) At least three reasonably competitive providers are solicited for bids. A reasonably competitive provider is a provider that has an established industry reputation as a competitive provider of the type of investments being purchased. (b) The bids received by the Issuer meet all of the following requirements: (1) The Issuer receives at least three bids from providers that the Issuer solicited under a bona fide solicitation meeting the requirements of paragraph (d)(6)(iii)(A) of section 1.148-5 of the Regulations and that do not have a material financial interest in the issue. A lead underwriter in a negotiated underwriting transaction is deemed to have a material financial interest in the issue until 15 days after the issue date of the issue. In addition, any entity acting as a financial advisor with respect to the purchase of the investment at the time the bid specifications are forwarded to potential providers has a material financial interest in the issue. A provider that is a related party to a provider that has a material financial interest in the issue is deemed to have a material financial interest in the issue. (2) At least one of the three bids described in paragraph (d)(6)(iii)(B)(1) of section 1.148-5 of the Regulations is from a reasonably competitive provider, within the meaning of paragraph (d)(6)(iii)(A)(7) of section 1.148-5 of the Regulations. (3) If the Issuer uses an agent to conduct the bidding process, the agent did not bid to provide the investment. (c) The winning bid meets the following requirements: (1) Guaranteed investment contracts. If the investment is a guaranteed investment contract, the winning bid is the highest yielding bona fide bid (determined net of any broker's fees). (2) Other investments. If the investment is not a guaranteed investment contract, the winning bid is the lowest cost bona fide bid (including any broker's fees). (d) The provider of the investments or the obligor on the guaranteed investment contract certifies the administrative costs that it pays (or expects to pay, if any) to third parties in connection with supplying the investment. (e) The Issuer will retain the following records with the bond documents until three years after the last outstanding bond is redeemed: - 17 - Page 320 of 464 (1) For purchases of guaranteed investment contracts, a copy of the contract, and for purchases of investments other than guaranteed investment contracts, the purchase agreement or confirmation. (2) The receipt or other record of the amount actually paid by the Issuer for the investments, including a record of any administrative costs paid by the Issuer, and the certification under paragraph (d)(6)(iii)(D) of section 1.148-5 of the Regulations. (3) For each bid that is submitted, the name of the person and entity submitting the bid, the time and date of the bid, and the bid results. (4) The bid solicitation form and, if the terms of the purchase agreement or the guaranteed investment contract deviated from the bid solicitation form or a submitted bid is modified, a brief statement explaining the deviation and stating the purpose for the deviation. (5) For purchases of investments other than guaranteed investment contracts, the cost of the most efficient portfolio of State and Local Government Series Securities, determined at the time that the bids were required to be submitted pursuant to the terms of the bid specifications. Section 4.5 Records The Issuer will maintain records of all purchases, sales, liquidations, investments, reinvestments, redemptions, disbursements, deposits, and transfers of amounts on deposit. Section 4.6 Investments to be Legal All investments required to be made pursuant to this Certificate shall be made to the extent permitted by law. In the event that any such investment is determined to be ultra vires, it shall be liquidated and the proceeds thereof shall be invested in a legal investment, provided that prior to reinvesting such proceeds, the Issuer shall obtain an opinion of Bond Counsel to the effect that such reinvestment will not cause the Bonds to become arbitrage bonds under Sections 103, 148, 149, or any other applicable provision of the Code. ARTICLE V GENERAL COVENANTS The Issuer hereby covenants to perform all acts within its power necessary to ensure that the reasonable expectations set forth in Article II hereof will be realized. The Issuer reasonably expects to comply with all covenants contained in this Certificate. - 18 - Page 321 of 464 ARTICLE VI AMENDMENTS AND ADDITIONAL AGREEMENTS Section 6.1 Opinion of Bond Counsel; Amendments The various provisions of this Certificate need not be observed and this Certificate may be amended or supplemented at any time by the Issuer if the Issuer receives an opinion or opinions of Bond Counsel that the failure to comply with such provisions will not cause any of the Bonds to become "arbitrage bonds" under the Code and that the terms of such amendment or supplement will not cause any of the Bonds to become "arbitrage bonds" under the Code, or otherwise cause interest on any of the Bonds to become includable in gross income for federal income tax purposes. Section 6.2 Additional Covenants, Agreements The Issuer hereby covenants to make, execute and enter into (and to take such actions, if any, as may be necessary to enable it to do so) such agreements as may be necessary to comply with any changes in law or regulations in order to preserve the tax-exempt status of the Bonds to the extent that it may lawfully do so. The Issuer further covenants (1) to impose such limitations on the investment or use of moneys or investments related to the Bonds, (2) to make such payments to the United States Treasury, (3) to maintain such records, (4) to perform such calculations, and (5) to perform such other lawful acts as may be necessary to preserve the tax- exempt status of the Bonds. Section 6.3 Amendments Except as otherwise provided in Section 6.1 hereof, all the rights, powers, duties and obligations of the Issuer shall be irrevocable and binding upon the Issuer and shall not be subject to amendment or modification by the Issuer. - 19 - Page 322 of 464 IN WITNESS WHEREOF, the Issuer has caused this Certificate to be executed by its duly authorized officer, all as of the day first above written. (SEAL) Finance Director/Treasurer, City of Waterloo, State of Iowa - 20 - Page 323 of 464 EXHIBIT A VERIFICATION CERTIFICATE OF THE PURCHASER The undersigned officer of the Iowa Finance Authority (the "Purchaser"), hereby certifies as follows: 1. The Purchaser and the City of Waterloo, Iowa (the "Issuer"), have entered into a Loan and Disbursement Agreement (the "Agreement"), providing for the purchase of a $1,014,000 Sewer Revenue Capital Loan Note, Series 2023C of the City dated as of the date of delivery (the "Notes"). 2. The Agreement is in full force and effect and has not been repealed, rescinded or amended. 3. The Purchaser hereby confirms that the Notes were purchased at par and will not be reoffered to the public, the terms of purchase being as follows: Price (% of par) (do not Principal Principal include Amount Amount Interest accrued Issued Sold Rate interest) $1,014,000 None 1.75% 100% IN WITNESS WHEREOF, the Purchaser has caused this Verification Certificate to be executed by its duly authorized officer this day of , 2023. IOWA FINANCE AUTHORITY By: Its: 02278202-1\11310-166 Page 324 of 464 TRANSCRIPT CERTIFICATE I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified and acting Clerk of the City of Waterloo, Iowa, and that as such Clerk I have in my possession or have access to the complete corporate records of said City and of its City Council and officials, and that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true and complete copy of all the corporate records in relation to the authorization, issuance and disposition of a $1,014,000 Sewer Revenue Capital Loan Note, Series 2023C, of said City dated the date of delivery, and that said transcript hereto attached contains a true and complete statement of all the measures adopted and proceedings, acts and things had, done and performed up to the present time, in relation to the authorization, issuance and disposition of said Note, and that said City Council consists of a Mayor and seven (7) Council Members, and that said offices were duly and lawfully filled by the individuals listed in the attached transcript as of the dates and times referred to therein. I further certify that said City is and throughout the period of said proceedings has been governed under the Mayor/Council form of municipal government authorized by Chapter 372, Code of Iowa, under the provisions of its charter as recorded with the Secretary of State. I further certify that all meetings of the City Council of said City at which action was taken in connection with said Note were open to the public at all times in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the City Council and was duly given at least twenty-four hours prior to the commencement of the meeting by notification of the communications media having requested such notice and posted on a bulletin board or other prominent place designated for the purpose and easily accessible to the public at the principal office of the City Council all pursuant to the provisions and in accordance with the conditions of the local rules of the City Council and Chapter 21, Code of Iowa. I further certify that no City officer or employee has any interest in the contract for the sale of the Note or any matter incidental thereto, according to my best knowledge and belief. WITNESS my hand and the seal of the City hereto attached this day of , 2023, at Waterloo, Iowa. (SEAL) City Clerk, City of Waterloo, State of Iowa 1 Page 325 of 464 Finally, the below stated officers whose signatures appear hereafter are now the duly qualified and acting officials of the City, possessed of the offices as designated below, to -wit: Mayor Quentin Hart (Original Signature) City Clerk Kelley Felchle (Original Signature) Finance Director Bridgett Wood STATE OF IOWA COUNTY OF BLACK HAWK ) ) SS ) (Original Signature) Subscribed and sworn to before me by Quentin Hart, Kelley Felchle and Bridgett Wood on this day of , 2023. (SEAL) 02278252-1\11310-166 Notary Public in and for Black Hawk County, Iowa 2 Page 326 of 464 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA $1,014,000 Sewer Revenue Capital Loan Notes, Series 2023C. • Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,014,000 Sewer Revenue Capital Loan Notes, Series 2023C, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes; Approval of the Tax Exemption Certificate. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 327 of 464 December 4, 2023 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at o'clock .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 328 of 464 Council Member introduced the following Resolution entitled "A RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF WATERLOO, IOWA AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $1,014,000 SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2023C, OF THE CITY OF WATERLOO, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTES; APPROVAL OF THE TAX EXEMPTION CERTIFICATE", and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was: AYES: NAYS: Whereupon the Mayor declared the following Resolution duly adopted: Resolution No. A RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF WATERLOO, IOWA AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $1,014,000 SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2023C, OF THE CITY OF WATERLOO, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTES; APPROVAL OF THE TAX EXEMPTION CERTIFICATE WHEREAS, the City Council of the City of Waterloo, Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the municipal sewer system, sometimes hereinafter referred to as the "System", and said revenues are available for the payment of Sewer Revenue Capital Loan Notes, Series 2023C, subject to the following premises; and 2 Page 329 of 464 WHEREAS, the Issuer proposes to issue its Sewer Revenue Capital Loan Notes, Series 2023C, to the extent of $1,014,000, for the purpose of defraying the costs of the Project as set forth in Section 1 of this Resolution; and, it is deemed necessary and advisable and in the best interests of the City that a form of Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, be approved and authorized; and WHEREAS, there were previously issued $1,600,000 Taxable Sewer Revenue Capital Loan Notes, Series 2018, dated May 18, 2018; $2,077,000 Taxable Sewer Revenue Capital Loan Notes, Series 2019, dated April 19, 2019; $1,128,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020A, dated September 4, 2020; $5,138,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020B, dated September 4, 2020 (as amended on November 18, 2022 resulting in a $4,861,743.40 Taxable Sewer Revenue Capital Loan Note (Sponsored Project Amendment), Series 2022E); $19,186,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020C, dated September 4, 2020; $8,105,000 Taxable Sewer Revenue Capital Loan Notes, Series 2022A, dated May 13, 2022; $4,202,000 Taxable Sewer Revenue Capital Loan Notes, Series 2022B, dated May 13, 2022; $1,036,000 Taxable Sewer Revenue Capital Loan Notes, Series 2022C, dated May 13, 2022; $1,068,000 Sewer Revenue Capital Loan Note, Series 2022D, dated November 18, 2022; and $4,045,000 Sewer Revenue Capital Loan Notes, Series 2023B, part of each of which remain outstanding and are a lien on the Net Revenues of the System (the "Outstanding Obligations"). In the Prior Note Resolutions (as hereinafter defined) it is provided that additional revenue notes or bonds may be issued on a parity with the outstanding notes or bonds, for the costs of future improvements and extensions to the System, provided that there has been procured and placed on file with the City Clerk, a statement complying with the conditions and limitations therein imposed upon the issuance of said parity notes or bonds; and WHEREAS, the Original Purchaser of the current issue of Notes also purchased and holds the Outstanding Obligations issue and has waived any requirement in the resolution authorizing the Outstanding Obligations to obtain a "parity certificate" from an independent auditor, and hereby consents to the current issue on an equal parity to the Outstanding Obligations; and WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed $1,014,000 Sewer Revenue Capital Loan Notes, has heretofore been duly published, no objections to such proposed action have been filed, and the Issuer has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Note, and is now authorized to proceed with said issuance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Additional Obligations" shall mean any sewer revenue bonds or notes or other obligations issued on a parity with the Notes in accordance with the provisions of Section 21 hereof. 3 Page 330 of 464 • "Agreement" shall mean a Loan and Disbursement Agreement dated as of the Closing between the City and the Original Purchaser relating to the Loan made to the City under the Program. • " City Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities. • "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Loan. • "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body. • "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year. • "Governing Body" shall mean the City Council, or its successor in function with respect to the operation and control of the System. • "Independent Auditor" shall mean an independent firm of certified public accountants or the Auditor of State. • "Issuer" and "City" shall mean the City of Waterloo, Iowa. • "Loan" shall mean the principal amount allocated by the Original Purchaser to the City under the Program, equal in amount to the principal amount of the Notes. • "Net Revenues" shall mean gross earnings of the System after deduction of Current Expenses; "Current Expenses" shall mean and include the reasonable and necessary cost of operating, maintaining, repairing and insuring the System, including purchases at wholesale, if any, salaries, wages, and costs of materials and supplies, but excluding depreciation and principal of and interest on the Notes and any Parity Obligations or payments to the various funds established herein; capital costs, depreciation and interest or principal payments are not System expenses. • "Notes" or "Note" shall mean $1,014,000 Sewer Revenue Capital Loan Notes, Series 2023C, authorized to be issued by this Resolution. 4 Page 331 of 464 • "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the Notes from the Issuer at the time of their original issuance. • "Outstanding Obligations" shall mean: • Sewer Revenue Capital Loan Notes, Series 2023B, dated August 25, 2023, issued in accordance with a resolution dated August 7, 2023, $4,045,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; • Sewer Revenue Capital Loan Notes, Series 2022A, dated May 13, 2022, issued in accordance with a resolution dated April 18, 2022, $6,866,825.46 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; • Sewer Revenue Capital Loan Notes, Series 2022B, dated May 13, 2022, issued in accordance with a resolution dated April 18, 2022, $3,905,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; • Sewer Revenue Capital Loan Notes, Series 2022C, dated May 13, 2022, issued in accordance with a resolution dated April 18, 2022, $993,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; • Sewer Revenue Capital Loan Notes, Series 2022D, dated December 16, 2022, issued in accordance with a resolution dated November 21, 2022, $340.00 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; • Sewer Revenue Capital Loan Note, Series 2020A, dated September 4, 2020, issued in accordance with a resolution dated August 10, 2020, $936,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; • Sewer Revenue Capital Loan Note, Series 2020B, dated September 4, 2020, issued in accordance with a resolution dated August 10, 2020, and amended on November 18, 2022 resulting in a Series 2022E Note, $4,597,890.55 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; • Sewer Revenue Capital Loan Note, Series 2020C, dated September 4, 2020, issued in accordance with a resolution dated August 10, 2020, $17,585,170.28 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; • Sewer Revenue Capital Loan Notes, Series 2019, dated April 19, 2019, issued in accordance with a resolution dated March 25, 2019; $1,112,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; and • Taxable Sewer Revenue Capital Loan Note, Series 2018 dated May 18, 2018, issued in accordance with a resolution dated April 30, 2018, $1,185,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System. 5 Page 332 of 464 • "Parity Obligations" shall mean notes or bonds payable solely from the Net Revenues of the System on an equal basis with the Notes herein authorized to be issued and shall include Additional Obligations as authorized to be issued under the terms of this Resolution and the Outstanding Obligations. • "Paying Agent" shall mean the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's Agent to provide for the payment of principal of and interest on the Notes as the same shall become due. • "Permitted Investments" shall mean: ■ direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; • cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above paragraph); ■ obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial Assistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Government National Mortgage Association (GNMA) - U.S. Department of Housing & Urban Development (PHA's) - Federal Housing Administration ■ repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; ■ senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; • U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short- 6 Page 333 of 464 term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); ■ commercial paper which is rated at the time of purchase in the single highest classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; ■ investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; ■ pre -refunded Municipal Obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; ■ tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; ■ an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and ■ Iowa Public Agency Investment Trust. • "Prior Note Resolutions" shall mean the resolution of the City Council adopted on August 7, 2023, authorizing the issuance of the $4,045,000 Sewer Revenue Capital Loan Notes, Series 2023B dated August 25, 2023; the resolution of the City 7 Page 334 of 464 Council adopted on October 17, 2022, authorizing the issuance of the $4,861,743.40 Taxable Sewer Revenue Capital Loan Note (Sponsored Project Amendment), Series 2022E dated November 18, 2022; the resolution of the City Council adopted on November 21, 2022, authorizing the issuance of the $1,068,000 Sewer Revenue Capital Loan Notes, Series 2022D, dated December 16, 2022; the resolution of the City Council adopted on April 18, 2022, authorizing the issuance of the $1,036,000 Taxable Sewer Revenue Capital Loan Notes, Series 2022C dated May 13, 2022; the resolution of the City Council adopted $4,202,000 Taxable Sewer Revenue Capital Loan Notes, Series 2022B dated May 13, 2022; the resolution of the City Council adopted on April 18, 2022, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2022A, dated May 13, 2022; the resolution of the City Council adopted on April 18, 2022, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2022B, dated May 13, 2022; the resolution of the City Council adopted on April 18, 2022, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2022C, dated May 13, 2022; the resolution of the City Council adopted on August 10, 2020, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2020A, dated September 4, 2020; the resolution of the City Council adopted on August 10, 2020, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2020B, dated September 4, 2020; the resolution of the City Council adopted on August 10, 2020, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2020C, dated September 4, 2020; the resolution of the City Council adopted on April 30, 2018, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2018, dated May 18, 2018; and the resolution of the City Council adopted on March 25, 2019, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2019, dated April 19, 2019. • "Program" shall mean the Iowa Water Pollution Control Works Financing Program undertaken by the Original Purchaser. • "Project" shall mean the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the rehabilitation of Final Secondary Clarifier #3. • "Project Fund" shall mean the Loan Account maintained under the Program for the benefit of the Issuer, into which the proceeds of the Loan and the Note shall be allocated and held until disbursed to pay Project costs. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Registrar" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes. 8 Page 335 of 464 • "System" shall mean the municipal sewer system utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all wastewater treatment facilities, including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and all related property and improvements and extensions made by Issuer while any of the Notes or Parity Obligations remain outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Notes. • "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. • "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Notes under Section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Agreement and the Notes authorized by this Resolution shall be issued pursuant to Sections 384.24A and 384.83 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Notes of the City of Waterloo, in the County of Black Hawk, Iowa, each to be designated as "Sewer Revenue Capital Loan Note, Series 2023C", in the aggregate amount of $1,014,000, for the purpose of paying costs of the Project. The City Council, pursuant to Sections 384.24A and 384.83 of the Code of Iowa, hereby finds and determines that it is necessary and advisable to issue said Notes authorized by the Agreement and this Resolution. Section 4. Source of Payment. The Notes herein authorized and Parity Obligations and the interest thereon shall be payable solely and only out of the Net Revenues of the System and shall be a first lien on the future Net Revenues of the System. The Notes shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient for the payment of the Notes. Section 5. Note Details. Sewer Revenue Capital Loan Notes, Series 2023C, of the City in the amount of $1,014,000, shall be issued to evidence the obligations of the Issuer under the Agreement pursuant to the provisions of Sections 384.24A and 384.83 of the Code of Iowa for the aforesaid purpose. The Notes shall be designated "SEWER REVENUE CAPITAL LOAN NOTE, SERIES 2023C", be dated the date of delivery, and bear interest at the rate of 1.75% per annum from the date of each advancement made under the Agreement, until payment thereof, at 9 Page 336 of 464 the office of the Paying Agent, said interest payable on June 1, 2024, and semi-annually thereafter on the 1st day of June and December in each year until maturity as set forth on the Debt Service Schedule attached to the Agreement as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on June 1, 2024 and annually thereafter on the 1st day of June in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2043. Notwithstanding the foregoing or any other provision hereof, principal and interest shall be payable as shown on said Debt Service Schedule until completion of the Project, at which time the final Debt Service Schedule shall be determined based upon actual advancements, final costs and completion of the Project, all as provided in the administrative rules governing the Program. Payment of principal and interest on the Notes shall at all times conform to said Debt Service Schedule and the rules of the Program. The Notes shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or imprinted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Note. The Notes shall be in the denomination of $1,000 or multiples thereof and may at the request of the Original Purchaser be initially issued as a single Note in the denomination of $1,014,000 and numbered R-1. Section 6. Initiation Fee and Servicing Fee. In addition to the payment of principal of and interest on the Notes, the Issuer also agrees to pay the Initiation Fee and the Servicing Fee as defined and in accordance with the terms of the Agreement. Section 7. Redemption. The Notes are subject to optional redemption at a price of par plus accrued interest (i) on any date upon receipt of written consent of the Original Purchaser or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of the Notes may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity, by giving not less than thirty (30) days' notice of redemption by certified or registered mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. The Notes are also subject to mandatory redemption as set forth in Section 5 of the Agreement. Section 8. Registration of Notes; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The Treasurer is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article - 10 - Page 337 of 464 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer. (f) Non -Presentment of Notes. In the event any payment check, wire, or electronic transfer of funds representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted Page 338 of 464 exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated Agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Note shall surrender the Note to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Notes. Upon the adoption of this Resolution, the Mayor and City Clerk shall execute the Notes by their manual or authorized signature and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Original Purchaser. No Note shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Note a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered noteholder. Section 13. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: - 12 - Page 339 of 464 (6) (7) (6) (8) (1) (2) (3) (4) (5) (9) (9a) (10) (Continued on the back of this Bond) (11)(12)(13) (14) FIGURE 1 (Front) (15) - 13 - Page 340 of 464 (10) (Continued) (16) FIGURE 2 (Back) The text of the Notes to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF BLACK HAWK" "CITY OF CITY OF WATERLOO" "SEWER REVENUE CAPITAL LOAN NOTE" - 14 - Page 341 of 464 "SERIES 2023C" Item 2, figure 1 = Rate: 1.75% Item 3, figure 1 = Final Maturity: Item 4, figure 1 = Note Date: Item 5, figure 1 = CUSIP # - N/A Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. R-1 Item 8, figure 1 = Principal Amount: Item 9, figure 1 = The City of Waterloo, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to IOWA FINANCE AUTHORITY Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) in lawful money of the United States of America, on the maturity dates and in the principal amounts set forth on the Debt Service Schedule attached hereto and incorporated herein by this reference, with interest on said sum from the date of each advancement made under a certain Loan and Disbursement Agreement dated as of the date hereof until paid at the rate of 1.75% per annum, payable on June 1, 2024, and semi-annually thereafter on the 1st day of June and December in each year. As set forth on said Debt Service Schedule, principal shall be payable on June 1, 2024 and annually thereafter on the first day of June in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2043. Notwithstanding the foregoing or any other provision hereof, principal and interest shall be payable as shown on said Debt Service Schedule until completion of the Project, at which time the final Debt Service Schedule shall be determined and attached hereto based upon actual advancements, final costs and completion of the Project, all as provided in the administrative rules governing the Iowa Water Pollution Control Works Financing Program. Payment of principal and interest of this Note shall at all times conform to said Debt Service Schedule and the rules of the Iowa Water Pollution Control Works Financing Program. Interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Note is issued pursuant to the provisions of Sections 384.24A and 384.83 of the Code of Iowa, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with rehabilitation of Final Secondary Clarifier #3, and evidences amounts payable under a certain Loan and Disbursement Agreement dated as of the date hereof, in conformity to a Resolution of the City Council of the City duly passed and - 15 - Page 342 of 464 approved. For a complete statement of the revenues and funds from which and the conditions under which this Note is payable, a statement of the conditions under which additional notes or bonds of equal standing may be issued, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above -described Loan and Disbursement Agreement and Resolution. This Note is subject to optional redemption at a price of par plus accrued interest (i) on any date upon receipt of written consent of the Iowa Finance Authority or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of this Note may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity, by lot by giving thirty (30) days' notice of redemption by certified or registered mail, to the Iowa Finance Authority (or any other registered owner of the Note). This Note is also subject to mandatory redemption as set forth in Section 5 of the Agreement. Ownership of this Note may be transferred only by transfer upon the books kept for such purpose by the City Treasurer, Waterloo, Iowa, Iowa, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Note at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the provisions for registration and transfer contained in the Note Resolution. This Note and the series of which it forms a part, Outstanding Obligations ranking on a parity therewith and any Additional Obligations which may be hereafter issued and outstanding from time to time on a parity with said Notes, as provided in the Resolution and Loan and Disbursement Agreement of which notice is hereby given and which are hereby made a part hereof, are payable from and secured by a pledge of the Net Revenues of the municipal sewer system utility (the "System"), as defined and provided in said Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Notes, and other obligations ranking on a parity therewith, as the same become due. This Note is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said Net Revenues to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Note, have been existent, had, done and performed as required by law. IN TESTIMONY WHEREOF, said City by its City Council has caused this Note to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Treasurer, with the seal of said City impressed hereon, and authenticated by - 16 - Page 343 of 464 the manual or facsimile signature of an authorized representative of the Registrar, the City Clerk of the City of Waterloo, Iowa, all as of the day of , 2023. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Notes described in the within mentioned Resolution, as registered by the City Treasurer. CITY TREASURER By: Registrar Item 13, figure 1 = Registrar and Transfer Agent: City Treasurer Paying Agent: City Treasurer SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = (Signature Block) CITY OF WATERLOO, STATE OF IOWA By: manual Mayor ATTEST: By: manual City Clerk Item 17, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Note and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Note on the books kept for registration of the within Note, with full power of substitution in the premises. Dated: - 17 - Page 344 of 464 (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Note is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Note, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - Custodian (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act (State) Section 14. Equality of Lien. The timely payment of principal of and interest on the Notes and Parity Obligations shall be secured equally and ratably by the Net Revenues of the System without priority by reason of number or time of sale or delivery; and the Net Revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. - 18 - Page 345 of 464 Section 15. Application of Note Proceeds - Project Fund. Proceeds of the Notes shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Notes at any time that other funds of the System shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law, the Internal Revenue Code and this Resolution. Section 16. User Rates. There has heretofore been established and published as required by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges shall be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenue paid and collected for the use of the System and its services by the Issuer or any department, agency or instrumentality of the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. Section 17. Application of Revenues. From and after the delivery of any Notes, and as long as any of the Notes or Parity Obligations shall be outstanding and unpaid either as to principal or as to interest, or until all of the Notes and Parity Obligations then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Sewer Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: The provisions in the Prior Note Resolutions, whereby there was created and is to be maintained a Sewer Revenue Note Principal and Interest Sinking Fund, and for the monthly payment into said fund from the future Net Revenues of the System such portion thereof as will be sufficient to meet the principal and interest of the Outstanding Obligations, are hereby ratified and confirmed, and all such provisions inure to and constitute the security for the payment of the principal and interest on Notes hereby authorized to be issued; provided, however, that the amounts to be set aside and paid into the Sewer Revenue Note Principal and Interest Sinking Fund in equal monthly installments from the earnings shall be sufficient to pay the principal and interest due each year, not only on the Outstanding Obligations, but also the principal and interest of the Notes herein authorized to be issued. Sections 17, 19 and 21 of the Prior Note Resolutions are hereby ratified, confirmed, adopted and incorporated herein as a part of this Resolution. Except as may be otherwise provided in the above Prior Note Resolutions, proceeds of the Notes or other funds may be invested in Permitted Investments. Nothing in this Resolution shall be construed to impair the rights vested in the Outstanding Obligations. The amounts herein required to be paid into the various funds named in this Section shall be inclusive of payments required in respect to the Outstanding Obligations. The provisions of the legislation authorizing the Outstanding Obligations and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the resolution first adopted shall - 19 - Page 346 of 464 prevail until such time as the notes or bonds authorized by said resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. At such time as the Outstanding Obligations are paid and so long as the Notes or Parity Obligations remain outstanding and unpaid the same are discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the system shall be deposited and collected in a fund to be known as the Revenue Fund, and shall be disbursed only as follows: • Operation and Maintenance Fund. Money in the Revenue Fund shall first be disbursed to make deposits into a separate and special fund to pay current expenses. The fund shall be known as the Sewer Utility Operation and Maintenance Fund (the "Operation and Maintenance Fund"). There shall be deposited in the Operation and Maintenance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expenses payable on an annual basis such as insurance. After the first day of the month, further deposits may be made to this account from the Revenue Fund to the extent necessary to pay current expenses accrued and payable to the extent that funds are not available in the Surplus Fund. • Sinking Fund. Money in the Revenue Fund shall next be disbursed to make deposits into a separate and special fund to pay principal of and interest on the Notes and Parity Obligations. The fund shall be known as the Sewer Revenue Note Principal and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the Sinking Fund in any month shall be an amount equal to 1/6th of the installment of interest coming due on the next interest payment date on the then outstanding Notes and Parity Obligations, plus 1/12th of the installment of principal coming due on such Notes on the next succeeding principal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the required amount, the excess shall forthwith be withdrawn and paid into the Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Notes and Parity Obligations as the same shall become due and payable. • Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the revenues of the System, but subordinate to the Notes and Parity Obligations, and which have been issued for the purposes of extensions and improvements to the System or to retire the Notes or Parity Obligations in advance of maturity, or to pay for extraordinary repairs or replacements to the System. • Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, to pay for extraordinary repairs or replacements to the System, or may be used to pay or redeem the Notes or Parity Obligations, any of them, or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative - 20 - Page 347 of 464 basis on the loth day of each month, or on the next succeeding business day when the loth shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Section 18. Investments. Moneys on hand in the Project Fund and all of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation, or its equivalent successor, and the deposits of which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Iowa Code chapter 12C, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All investments shall mature before the date on which the moneys are required for the purposes for which the fund was created or otherwise as herein provided. The provisions of this Section shall not be construed to require the Issuer to maintain separate accounts for the funds created by this Resolution. The Sinking Fund shall be segregated in a separate account but may be invested in the same manner as other funds of the Issuer but designated as a trust fund on the books and records of the Issuer. The Sinking Fund shall not be available for any other purposes other than those specified in this Resolution. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 19. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Notes and Parity Obligations: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condition and operate it in an efficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the Governing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding Fiscal Year which are (i) adequate to pay the principal and interest requirements thereof and to create or maintain the reserves as provided in this Resolution, and (ii) not less than 110 percent of the principal and interest requirements of the next succeeding Fiscal Year. No free use of the System by the Issuer or any department, agency or instrumentality of the Issuer shall be permitted except upon the determination of the Governing Body that the rates and changes otherwise in effect are sufficient to provide Net Revenues at least equal to the requirements of this subsection. -21 - Page 348 of 464 (c) Insurance. The Issuer shall maintain insurance for the benefit of the Noteholders on the insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in an improvement fund for the benefit of the System. (d) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the System and in accordance with generally accepted accounting practices and will diligently act to cause the books and accounts to be audited and reported upon by an Independent Auditor and will provide copies of the audit report to the Department, all as provided in the Agreement. The Original Purchaser and holders of any of the Notes and Parity Obligations shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. (e) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. (f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Notes and Parity Obligations shall have been provided for in the manner provided in this Resolution; provided, however, this covenant shall not be construed to prevent the disposal by the Issuer of property which in the judgment of its Governing Body has become inexpedient or unprofitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a revolving fund to be used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Notes or Parity Obligations shall not be used to pay principal or interest on the Notes and Parity Obligations or for payments into the Sinking or Reserve Funds. (g) Fidelity Bond. That the Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or other security for the payment of service charges. (i) Budget. The Governing Body of the Issuer shall approve and conduct operations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last - 22 - Page 349 of 464 preceding Fiscal Years. Copies of such budget and any amendments thereto shall be mailed to the Original Purchaser and to the Noteholders upon request. (j) Loan and Disbursement Agreement. The Issuer will comply with the terms and conditions of the Loan and Disbursement Agreement and perform as provided thereunder. Section 20. Remedies of Noteholders. Except as herein expressly limited the holder or holders of the Notes and Parity Obligations shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Notes and interest thereon, and of the pledge of the Net Revenues made hereunder, and of all covenants of the Issuer hereunder. Section 21. Prior Lien and Parity Obligations. The Issuer will issue no other notes, bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or Net Revenues of the System having priority over the Notes or Parity Obligations. Additional Obligations may be issued on a parity and equality of rank with the Notes with respect to the lien and claim of such Additional Obligations to the Net Revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Notes or Parity Obligations which shall have matured or which shall mature not later than three months after the date of delivery of such refunding obligation and for the payment of which there shall be insufficient money in the Sinking Fund; (b) For the purpose of making extensions, additions, improvements or replacements to the System, or refunding any Outstanding Obligations, Parity Obligations or other obligations issued for such extensions, additions and improvements, if all of the following conditions shall have been met: (i) before any such Additional Obligations ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an Independent Auditor, or independent municipal advisor, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the Net Revenues of the System for the preceding Fiscal Year (with adjustments as hereinafter provided) were equal to at least 1.10 times the maximum amount that will be required in any Fiscal Year prior to the longest maturity of any of the then outstanding Notes or Parity Obligations for both principal of and interest on all Notes or Parity Obligations then outstanding which are payable from the Net Revenues of the System and the Additional Obligations then proposed to be issued. - 23 - Page 350 of 464 For the purpose of determining the Net Revenues of the System for the preceding Fiscal Year as aforesaid, the amount of the gross revenues for such year may be adjusted by an independent consulting engineer or by the Independent Auditor or Municipal Advisor, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such Additional Obligations been in effect during all of such preceding Fiscal Year. (ii) the Additional Obligations must be payable as to principal and as to interest on the same month and day as the Notes herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year. (iv) for the purposes of this Section, general obligation bonds or notes shall be refunded only upon a finding of necessity by the Governing Body and only to the extent the general obligation bonds or notes were issued or the proceeds thereof were expended for the System. (v) for purposes of this Section, "preceding Fiscal Year" shall be the most recently completed Fiscal Year for which audited financial statements prepared by a certified public accountant are issued and available, but in no event a Fiscal Year which ended more than eighteen months prior to the date of issuance of the Additional Obligations. Section 22. Disposition of Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Notes it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat as Yield Restricted any proceeds of the Notes remaining unexpended after three years from the issuance and any other funds required by the - 24 - Page 351 of 464 Tax Exemption Certificate to be so treated. If any investments are held with respect to the Notes and Parity Obligations, the Issuer shall treat the same for the purpose of restricted yield as held in proportion to the original principal amounts of each issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the Notes to be classified as arbitrage bonds under Section 148(a) and (b) the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the Notes for the purpose set forth in this Resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facilities constructed therefrom by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Notes not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the provisions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 23. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Notes from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Notes; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 24. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Notes if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Notes under applicable Federal law or regulations. Section 25. Discharge and Satisfaction of Notes. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Notes and Parity Obligations, or any of them, in any one or more of the following ways: (a) By paying the Notes or Parity Obligations when the same shall become due and payable; and - 25 - Page 352 of 464 (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the Governing Body, for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Notes or Obligations shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 26. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Notes and Parity Obligations, and after the issuance of any of the Notes no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Notes and Parity Obligations, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 27. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Obligations, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Notes or Parity Obligations; or to comply with any applicable provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Notes or Parity Obligations; (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Notes or Parity Obligations from being includable within the gross income of the holders thereof for federal income tax purposes; (c) to grant to or confer upon the holders of the Notes or Parity Obligations any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Notes; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or -26- Page 353 of 464 (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 28. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Notes and Parity Obligations at any time outstanding (not including in any case any Notes which may then be held or owned by or for the account of the Issuer, but including such Refunding Obligations as may have been issued for the purpose of refunding any of such Notes if such Refunding Obligations shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Notes, or modify the terms of payment of principal of or interest on the Notes or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Notes and Parity Obligations then outstanding; and (c) Reduce the percentage of the principal amount of Notes, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Note as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes and Parity Obligations. Any consent given by the holder of a Note pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Note during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing - 27 - Page 354 of 464 such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Notes held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Notes described in such certificate. Notwithstanding anything in this Section to the contrary, the holder or holders of 100% of the Notes and Parity Obligations may consent to any amendment of this Resolution, or waive any notices required hereunder, on such terms and under such conditions as said holders shall determine to be appropriate. Section 29. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 30. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other Ordinances, Resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Section 31. Rule of Construction. This Resolution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms and conditions of the Loan and Disbursement Agreement. In the event such construction is not possible, or in the event of any conflict or inconsistency between the terms hereof and those of the Loan and Disbursement Agreement, the terms of the Loan and Disbursement Agreement shall prevail and be given effect to the extent necessary to resolve any such conflict or inconsistency. PASSED AND APPROVED this 4th day of December, 2023. ATTEST: City Clerk Mayor - 28 - Page 355 of 464 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2023. City Clerk, City of Waterloo, State of Iowa (SEAL) 02277867-1\11310-166 Page 356 of 464 DELIVERY CERTIFICATE We, the undersigned City officials, do hereby certify that we are the officers, respectively below indicated, of a municipal corporation in the State of Iowa, known as the City of Waterloo, Iowa; that in pursuance of the provisions of Sections 384.24A and 384.83, Code of Iowa, there have been heretofore lawfully authorized and this day by us lawfully executed, issued, caused to be registered and authenticated and delivered one fully registered Sewer Revenue Capital Loan Note, Series 2023C, of said City of Waterloo, Iowa, in the amount of $1,014,000, dated the date of delivery, bearing interest at the rate of 1.75% per annum set forth on the Debt Service Schedule attached hereto and incorporated herein by this reference. The Note has been executed with the manual signature of the Mayor and the manual signature of the Clerk of said City. The Note has been delivered to: Iowa Finance Authority of Des Moines, Iowa, and has been paid for in accordance with the terms of the contract of sale and at a price of par. We further certify that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City, or the titles of the undersigned officers to their respective positions, or the validity of the Note, or the pledge of the net earnings of the municipal sewer system, (the "System"), to the payment of the Note or the power and duty of the City to construct, own and operate its System as a revenue producing undertaking and to provide, charge and apply adequate rates and charges for the full and prompt payment of the principal and interest of the Note, and that none of the proceedings or authority for the issuance of the Note has been repealed, revoked, rescinded, or modified in any manner. We further certify that each of the officers whose signatures appear on the Note were in occupancy and possession of their respective offices at the time the Note was executed and do hereby adopt and affirm their signatures appearing in the Note. We further certify that the present financial condition of the City is as follows: Total sewer revenue bonded indebtedness, including above -mentioned Sewer Revenue Capital Loan Note $46,285,226.29 All other indebtedness of any kind, payable from Sewer Revenues $0 1 Page 357 of 464 IN WITNESS WHEREOF, we have hereunto affixed our hands at Waterloo, Iowa, this day of , 2023. Mayor City Clerk Finance Director (SEAL) 02278251-1 \ 11310-166 2 Page 358 of 464 LOAN AND DISBURSEMENT AGREEMENT $1,014,000 SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2023C This Loan and Disbursement Agreement (the "Agreement") is made and entered into as of December 22, 2023, by and between the City of Waterloo, Iowa (the "Participant") and the Iowa Finance Authority, an agency and public instrumentality of the State of Iowa (the "Issuer"). WHEREAS, the Issuer, in cooperation with the Iowa Department of Natural Resources (the "Department"), is authorized to undertake the creation, administration and financing of the Iowa Water Pollution Control Works Financing Program (the "Program") established in the Code of Iowa, Sections 16.131 through 16.135 and Sections 455B.291 through 455B.299, including, among other things, the making of loans to Iowa municipalities for purposes of the Program; and WHEREAS, the Participant desires to participate in the Program as a means of financing all or part of the construction of certain wastewater treatment facilities serving the Participant and its residents; and WHEREAS, to assist in financing the Project (defined herein), the Issuer desires to make a loan to the Participant in the amount set forth in Section 2 hereof; NOW, THEREFORE, the parties agree as follows: Section 1. Definitions. In addition to other definitions set forth herein, the following terms as used in this Agreement shall, unless the context clearly requires otherwise, have the following meanings: (a) "Bonds" shall mean any State Revolving Fund Revenue Bonds that were or in the future are issued by the Issuer for the purpose of providing moneys to finance the Loan to the Participant. (b) "Code" shall mean the Internal Revenue Code of 1986, as amended, and all lawfully promulgated regulations thereunder. (c) "Project" shall mean the particular construction activities approved by the Department and being undertaken by the Participant with respect to its Wastewater Treatment System, as described in the Resolution. (d) "Regulations" shall mean the administrative rules of the Department relating to the Program, set forth in Title 567, Chapter 92 of the Iowa Administrative Code, and the administrative rules of the Issuer relating to the Program set forth in Title 265, Chapter 26 of the Iowa Administrative Code. 1 05/01/2020 Page 359 of 464 (e) "Resolution" shall mean the resolution of the City Council of the Participant providing for the authorization and issuance of the Revenue Bond, attached hereto as Exhibit B, adopted on December 4, 2023, approving and authorizing the execution of this Agreement and the issuance of the Revenue Bond (as defined herein). (f) "Wastewater Treatment System" shall mean the wastewater treatment system of the Participant, all facilities being used in conjunction therewith and all appurtenances and extensions thereto, including but not limited to the wastewater treatment system project which the Participant is financing under this Agreement. Section 2. Loan; Purchase of Revenue Bond. The Issuer agrees to purchase a duly authorized and issued sewer revenue bond or capital loan note of the Participant (the "Revenue Bond") in order to make a loan to the Participant, and will disburse proceeds as set forth herein. The Participant agrees to borrow and accept from the Issuer, a loan in the principal amount of $1,014,000 (the "Loan"). The Participant shall use the proceeds of the Loan strictly (a) to finance a portion of the costs of construction of the Project and (b), where applicable, to reimburse the Participant for a portion of the costs of the Project, which portion was paid or incurred in anticipation of reimbursement through the Program and which is eligible for such reimbursement under and pursuant to the Regulations and the Code. Section 3. Disbursements. Proceeds of the Loan shall be made available to the Participant in the form of one or more periodic disbursements as provided in this Section. The Issuer thereafter shall make disbursements of a portion of the Loan for payment of costs of the Project upon receipt of the following: (a) a completed payment request on a form acceptable to and available from the Issuer; (b) current construction payment estimates; (c) engineering service statements; (d) purchase orders or invoices for items not included within other contracts; and (e) evidence that the costs for which the disbursement is requested have been incurred. Solely with respect to the request for the final disbursement of proceeds of the Loan, the Participant shall submit to the Issuer (via the Department), in addition to items (a) through (e) above, a certification of completion and acceptance of the Project by the Participant or evidence of an acceptable settlement if the Project is subject to a dispute between the Participant and any contractor. 2 Page 360 of 464 Disbursements shall be made in a timely fashion following the receipt of the information as set forth above. Unless otherwise agreed to in writing by the Issuer, funds shall be payable to the Participant via automated clearinghouse system transfer to the account specified by the Participant. Section 4. Completion of Project. The Participant covenants and agrees (i) to exercise its best efforts in accordance with prudent wastewater treatment utility practices to complete the Project; and (ii) to provide from its own fiscal resources all monies, in excess of the total amount of Loan proceeds it receives under the Agreement, required to complete the Project. Section 5. Repayment of Loan; Issuance of Revenue Bonds. The Participant's obligation to repay the Loan and interest thereon shall be evidenced by the Revenue Bond in the principal amount of the Loan, complying in all material respects with the Regulations and being in substantially the form set forth in the Resolution, which Resolution is attached hereto as Exhibit B. The Revenue Bond shall be delivered to the Issuer as the original purchaser and registered holder thereof at the closing of the Loan. The Revenue Bond shall be accompanied by a legal opinion of bond counsel, in form satisfactory to the Issuer, to evidence the legality, security position and tax-exempt status of interest on the Revenue Bond. The parties agree that a payment of principal of or interest on the Revenue Bond shall be deemed to be a payment of the same on the Loan and a payment of principal of or interest on the Loan shall be deemed to be a payment of the same on the Revenue Bond. Unless otherwise agreed to in writing by the Issuer, all payments of principal and interest due under the Loan shall be made via automated clearinghouse transfer, from an account specified by the Participant. The Revenue Bond shall be dated the date of delivery to the Issuer, with interest and the Servicing Fee (together, the "Interest Rate" as set forth in Section 6 hereof) payable semiannually on June 1 and December 1 of each year (unless the resolution authorizing a previous series of outstanding bonds on a parity with the Revenue Bond requires interest to be paid on other interest payment dates, in which case such other dates shall apply) from the date of each disbursement of a part of the Loan from the Issuer to the Participant (which are initially expected to be on approximately the dates set forth on Exhibit A attached hereto and incorporated herein). The first repayment of principal of the Loan shall be due and payable not later than one year after substantial completion of the Project and payments of principal, interest and the Servicing Fee shall continue thereafter until the Loan is paid in full. Following the final disbursement of Loan proceeds to the Participant, Exhibit A shall be adjusted by the Issuer, with the approval of the Participant, based upon actual disbursements to the Participant under the Agreement. Such revised Exhibit A thereafter shall be deemed to be incorporated herein by reference and made a part hereof and shall supersede and replace that initially attached hereto and to the Revenue Bond. The Revenue Bond shall be subject to optional redemption by the Participant at a price of par plus accrued interest (i) on any date upon receipt of written consent by the Issuer, or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any such optional redemption of the Revenue Bond by the Participant may be made from any funds regardless of source, in whole or from time to time in part, upon not less than thirty (30) days' notice of redemption by e-mail, facsimile, certified or registered mail to the Issuer (or any other registered 3 Page 361 of 464 owner of the Revenue Bond). The Revenue Bond is also subject to mandatory redemption in the event the costs of the Project are less than initially projected, in which case the amount of the Loan shall be reduced to an amount equal to the actual Project costs disbursed. The Participant and the Issuer agree that following such adjustment, the principal amount due under the Revenue Bond shall be automatically reduced to equal the principal amount of the adjusted Loan. The Revenue Bond and the interest thereon and any additional obligations as may be hereafter issued and outstanding from time to time under the conditions set forth in the Resolution shall be payable solely and only from the Net Revenues (as defined in the Resolution) of the Wastewater Treatment System of the Participant, a sufficient portion of which has been and shall be ordered set aside and pledged for such purpose under the provisions of the Resolution. Neither this Agreement nor the Revenue Bond is a general obligation of the Participant, and under no circumstance shall the Participant be in any manner liable by reason of the failure of the aforesaid Net Revenues to be sufficient to pay the Revenue Bond and the interest thereon or to otherwise discharge the Participant's obligation hereunder. Section 6. Interest Rate, Initiation Fee and Servicing Fees. (a) The Participant agrees to pay to the Issuer, as additional consideration for the Loan, a loan initiation fee (the "Initiation Fee") equal to one-half of one percent (0.50%) of the amount of the Loan (but not to exceed $100,000.00) ($5,070), which shall be due and payable on the date of this Agreement. Unless the Issuer shall be otherwise notified by the Participant that the Participant intends to pay such Initiation Fee from other funds, and has received such other funds from the Participant on the date hereof, the Issuer shall be authorized to deduct the full amount of the Initiation Fee from the proceeds of the Loan being made hereunder, and such deduction by the Issuer shall be deemed to be an expenditure by the Participant of the Loan proceeds. (b) The Participant agrees to pay a Loan servicing fee (the "Servicing Fee") to the Issuer in an amount equal to 0.25% per annum of the principal amount of the Loan outstanding. The Servicing Fee shall be paid as described in Section 5 and Section 6(c) hereof. (c) The Loan shall bear interest at 1.75% per annum (the "Rate"). As described in Section 5, payments hereunder shall be calculated based on the Rate plus the Servicing Fee (such 2.00%, the "Interest Rate"). Section 7. Compliance with Applicable Laws, Performance Under Loan Agreement; Rates. The Participant covenants and agrees (i) to comply with all applicable State of Iowa and federal laws, rules and regulations (including but not limited to the Regulations), judicial decisions, and executive orders in the performance of the Agreement and in the financing, construction, operation, maintenance and use of the Project and the Wastewater Treatment System; (ii) to maintain its Wastewater Treatment System in good repair, working order and operating condition; (iii) to cooperate with the Issuer in the observance and performance of their respective duties, covenants, obligations and agreements under the Agreement; (iv) to comply with all terms and conditions of the Resolution; and (v) to establish, levy and collect rents, rates and other charges for the products and services provided by its Wastewater Treatment System, which rents, rates and other charges shall be at least sufficient (A) to meet the operation and maintenance expenses of 4 Page 362 of 464 such Wastewater Treatment System, (B) to produce and maintain Net Revenues at a level not less than 110% of the amount of principal and interest on the Revenue Bond and any other obligations secured by a pledge of the Net Revenues falling due in the same year, (C) to comply with all covenants pertaining thereto contained in, and all other provisions of, any bond resolution, trust indenture or other security agreement, if any, relating to any bonds or other evidences of indebtedness issued or to be issued by the Participant, (D) to pay the debt service requirements on any bonds, notes or other evidences of indebtedness, whether now outstanding or incurred in the future, secured by such revenues or other receipts and issued to finance improvements to the Wastewater Treatment System and to make any other payments required by the laws of the State of Iowa, (E) to generate funds sufficient to fulfill the terms of all other contracts and agreements made by the Participant, including, without limitation, the Agreement and the Revenue Bond and (F) to pay all other amounts payable from or constituting a lien or charge on the operating revenues of its Wastewater Treatment System. Section 8. Exclusion of Interest from Gross Income. Unless otherwise agreed to by the Issuer in writing, the Participant covenants and agrees as follows: (a) The Participant shall not take any action or omit to take any action which would result in a loss of the exclusion of the interest on the Bonds from gross income for federal income taxation as that status is governed by Section 103(a) of the Code. (b) The Participant shall not take any action or omit to take any action, which action or omission would cause its Revenue Bond or the Bonds (assuming solely for this purpose that the proceeds of the Bonds loaned to the Participant represent all of the proceeds of the Bonds) to be "private activity bonds" within the meaning of Section 141(a) of the Code. Accordingly, unless the Participant receives the prior written approval of the Issuer, the Participant shall not (A) permit any of the proceeds of the Bonds loaned to the Participant or the Project financed with such proceeds to be used, either directly or indirectly, in any manner that would constitute "private business use" within the meaning of Section 141(b)(6) of the Code, taking into account for this purpose all such use by persons other than governmental units on an aggregate basis, (B) use, either directly or indirectly, any of the proceeds of the Bonds loaned to the Participant to make or finance loans to persons other than governmental units (as such term is used in Section 141(c) of the Code) or (C) use, either directly or indirectly, any of the proceeds of the Bonds loaned to the Participant to acquire any "non -governmental output property" within the meaning of Section 141(d)(2) of the Code. (c) The Participant shall not directly or indirectly use or permit the use of any proceeds of the Bonds (or amounts replaced with such proceeds) or any other funds or take any action or omit to take any action, which use or action or omission would (assuming solely for this purpose that the proceeds of the Bonds loaned to the Participant represent all of the proceeds of the Bonds) cause the Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Code. 5 Page 363 of 464 (d) The Participant shall not directly or indirectly use or permit the use of any proceeds of the Bonds to pay the principal of or interest on any issue of State or local governmental obligations ("refinancing of indebtedness") unless the Participant shall establish to the satisfaction of the Issuer that such refinancing of indebtedness will not adversely affect the exclusion from gross income of interest on the Bonds for federal income tax purposes and the Participant delivers an opinion to such effect of bond counsel acceptable to the Issuer. (e) The Participant shall not directly or indirectly use or permit the use of any proceeds of the Bonds to reimburse the Participant for any portion of the cost of the Project unless such cost was paid or incurred by the Participant in anticipation of reimbursement from the proceeds of the Bonds or other State or local governmental borrowing in accordance with the Code, published rulings of the Internal Revenue Service and the Regulations. (f) The Participant shall not use the proceeds of the Bonds (assuming solely for this purpose that the proceeds of the Bonds loaned to the Participant represent all of the proceeds of the Bonds) in any manner which would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code or "hedge bonds" within the meaning of Section 149(g) of the Code. (g) The Participant shall comply with all provisions of the Code relating to the rebate of any profits from arbitrage attributable to the Participant, and shall indemnify and hold the Issuer harmless therefrom. Section 9. Insurance; Audits; Disposal of Property. The Participant covenants and agrees (a) to maintain insurance on, or to self -insure, the insurable portions of the Wastewater Treatment System of a kind and in an amount which normally would be carried by private companies engaged in a similar type of business, (b) to keep proper books and accounts adapted to the Wastewater Treatment System, showing the complete and correct entry of all transactions relating thereto, and to cause said books and accounts to be audited or examined by an independent auditor or the State Auditor (i) at such times and for such periods as may be required by the federal Single Audit Act of 1984, OMB Circular A-133 or State law, and (ii) at such other times and for such other periods as may be requested at any time and from time to time by the Issuer (which requests may require an audit to be performed for a period that would not otherwise be required to be audited under State law), and (c) unless the Participant has received a waiver and consent from the Issuer, it shall not sell, lease or in any manner dispose of the Wastewater Treatment System, or any capital part thereof, including any and all extensions and additions which may be made thereto, until the Revenue Bond shall have been paid in full or otherwise discharged as provided in the Resolution; provided, however, that the Participant may dispose of any property which in the judgment of its governing body is no longer useful or profitable to use in connection with the operation of the Wastewater Treatment System or essential to the continued operation thereof. Section 10. Maintenance of Documents; Access. The Participant agrees to maintain its project accounts in accordance with generally accepted accounting principles ("GAAP") as issued 6 Page 364 of 464 by the Governmental Accounting Standards Board, including GAAP requirements relating to the reporting of infrastructure assets. The Participant agrees to permit the Issuer or its duly authorized representative access to all files and documents relating to the Project for purposes of conducting audits and reviews in accordance with any of the Regulations. Section 11. Continuing Disclosure. As a means of enabling the Issuer to comply with the "continuing disclosure" requirements set forth in Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission, the Participant agrees, during the term of the Loan, but only upon written notification from the Issuer to the Participant that this Section 11 applies to such Participant for a particular fiscal year, to provide the Issuer with (i) the comprehensive audit report of the Participant, prepared and certified by an independent auditor or the State Auditor, or unaudited financial information if the audit is not available, not later than 180 days after the end of each fiscal year for which this section applies and (ii) such other information and operating data as the Issuer may reasonably request from time to time with respect to the Wastewater Treatment System, the Project or the Participant. The Participant hereby consents to the inclusion of all or any portion of the foregoing information and materials in a public filing made by the Issuer under the Rule. The Participant agrees to indemnify and hold harmless the Issuer, and its officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities, reasonable costs and expenses whatsoever (including attorney fees) which such indemnified party may incur by reason of or in connection with the disclosure of information permitted under this Section; provided that no such indemnification shall be required for any claims, damages, losses, liabilities, costs or expenses to the extent, but only to the extent, caused by the willful misconduct or gross negligence of the Issuer in the disclosure of such information. Section 12. Events of Default. If any one or more of the following events occur, it is hereby defined as and declared to constitute an "Event of Default" under this Agreement: (a) Failure by the Participant to pay, or cause to be paid, any Loan repayment (including the Servicing Fee) required to be paid under this Agreement when due, which failure shall continue for a period of fifteen (15) days. (b) Failure by the Participant to make, or cause to be made, any required payments of principal, redemption premium, if any, and interest on any bonds, notes or other obligations of the Participant (other than the Loan and the Revenue Bond), the payment of which are secured by operating revenues of the Wastewater Treatment System. (c) Failure by the Participant to observe and perform any duty, covenant, obligation or agreement on its part to be observed or performed under the Agreement or the Resolution, other than the obligation to make Loan repayments, which failure shall continue for a period of thirty (30) days after written notice, specifying such failure and requesting that it be remedied, is given to the Participant by the Issuer, unless the Issuer 7 Page 365 of 464 shall agree in writing to an extension of such time prior to its expiration or the failure stated in such notice is correctable but cannot be corrected in the applicable period, in which case the Issuer may not unreasonably withhold its consent to an extension of such time up to one hundred twenty (120) days from the delivery of the written notice referred to above if corrective action is commenced by the Participant within the applicable period and diligently pursued until the Event of Default is corrected. Section 13. Remedies on Default. Whenever an Event of Default shall have occurred and be continuing, the Issuer shall have the right to take any action authorized under the Regulations, the Revenue Bond or this Agreement and to take whatever other action at law or equity may appear necessary or desirable to collect the amounts then due and thereafter to become due under the Agreement or to enforce the performance and observance of any duty, covenant, obligation or agreement of the Participant under the Agreement or the Resolution. Section 14. Amendments. This Agreement may not be amended, supplemented or modified except by a writing executed by all of the parties hereto. Section 15. Termination. The Participant understands and agrees that the Loan may be terminated at the option of the Issuer if construction of the Project has not commenced within one year of the date of execution of this Agreement, all as set forth in the Regulations. Section 16. Rule of Construction. This Agreement is executed pursuant to the provisions of Section 384.24A of the Code of Iowa and shall be read and construed as conforming to all provisions and requirements of that statute. In the event of any inconsistency or conflict between the terms and conditions of the Revenue Bond and this Agreement or the Regulations, the parties acknowledge and agree that the terms of this Agreement or the Regulations, as the case may be, shall take precedence over any such terms of the Revenue Bond and shall be controlling, and that the payment of principal and interest on the Loan shall at all times conform to the schedule set forth on Exhibit A, as adjusted, and the Regulations. Section 17. Federal Requirements. The Participant agrees to comply with all applicable federal requirements including, but not limited to, Davis -Bacon wage requirements and the requirements relating to the use of American iron and steel products. Section 18. Application of Uniform Electronic Transactions Act. The Issuer and the Participant agree this Agreement and all documents related thereto and referenced herein may be entered into and provided for pursuant to and in accordance with Chapter 554D of the Code of Iowa. 8 Page 366 of 464 IN WITNESS WHEREOF, we have hereunto affixed our signatures all as of the date first above written. Attest: City Clerk CITY OF WATERLOO, IOWA By: Mayor [Participant Signature Page to LDA] Page 367 of 464 IN WITNESS WHEREOF, I have hereunto affixed my signature all as of the date first above written. IOWA FINANCE AUTHORITY By: Its: [IFA Signature Page to LDA] Page 368 of 464 EXHIBIT A ESTIMATED DISBURSEMENTS AND DEBT SERVICE REPAYMENT SCHEDULE Page 369 of 464 EXHIBIT B AUTHORIZATION/ISSUANCE RESOLUTION OF PARTICIPANT 02278192-1\11310-166 Page 370 of 464 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE Resolution approving the amendment to the Development Agreement with Prairie Rapids II, LLC, to include the CLURA partial tax exemption schedule, located near the southeast corner of Kimball Avenue and Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve SUMMARY STATEMENT AND BACKGROUND INFORMATION The project was recently awarded the Workforce Housing Tax Incentives with the Iowa Economic Development Authority. The amendment outlines the CLURA schedule for the project. The matching funds for the State incentive can be in the form of tax credits such as the CURA and CLURA that the City of Waterloo currently has to offer. The property in question does qualify for the infill housing policy and will be able to utilize the infill housing funds as a match for the Iowa Economic Development Authority Workforce Housing Application. Prairie Rapids Square is a 48-unit rental housing project that will be located in Waterloo with the purpose of providing much needed workforce housing. The concept plans call for a 3-story building of approximately 62 ft. wide by 202 ft. long with 48 1- bedroom, 1 bath units that will be in the 560-700 SF range. There will be an elevator at the center of each floor, with a stairwell at each end. The site will include surface parking along with 24 single stall detached garage parking. Each unit will have its own washer & dryer. The units will be very energy efficient, and will meet the requirements of Energy Star 3.0. As you will see on the attached aerial image, the Project continues to be the definition of infill development within Waterloo. The project will continue to transform a former dilapidated parking lot in the heart of Waterloo, that is already surrounded with infrastructure, amenities, services and continued redevelopment, into a sustainable, environmentally friendly, affordable housing community. We believe the Prairie Rapids Square Phase 2 project meets the goals of the IEDA 2023 WFHTC Program, as well as the needs & goals of the Community. We are requesting full support of the project from the City of Waterloo. The site is "Shovel Ready" in every regard and has a proven Development Team with a successful track record of developing, building and managing work force housing projects through the IEDA WFHTC Program. NEIGHBORHOOD IMPACT Page 371 of 464 DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuisance bonds ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel "D" of Plat of Survey Doc. #2009-06842, being a part of the Northwest Fractional Quarter of Section 3, Township 88 North, Range 13 West of the 5th P.M., in the City of Waterloo, Black Hawk County, Iowa. Commonly known as Parcel 8813-03-151-031 by the Black Hawk County Assessor's office. ATTACHMENTS 1. Prairie Rapids DA amendment 10-31-23 2. Prairie Rapids infill DA 4.28.23 3. High Development -Prairie Rapids Square Project Location Map Page 372 of 464 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , by and between Prairie Rapids II, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated May 15, 2023 (the "DA") concerning the development of property as described in the Agreement. The DA has not been filed in the land records of Black Hawk County. B. The parties desire to amend the DA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Section 4 of the DA is amended to add a new paragraph B, as follows: B. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for a 10-year tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company meets all requirements to qualify for such exemption, namely: Year 1 — 80% Year 3 — 60% Year5-40% Year 7 — 30% Year 9 — 20% Year 2 — 70% Year4-50% Year6-40% Year 8 — 30% Year 10 — 20% 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined herein will have the same meanings herein that are ascribed to them in the DA. The DA and this Page 373 of 464 Page 2 Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA PRAIRIE RAPIDS II, LLC By: By: Quentin Hart, Mayor Darryl High, Managing Member Attest: Kelley Felchle, City Clerk Page 374 of 464 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 Prairie Rapids II, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct multiple apartment buildings and related improvements on property it owns or is acquiring in the City of Waterloo, legally described on Exhibit "A" attached hereto (the "Property"), and in support of said project Company is applying to the State of Iowa for tax credits and/or other available incentives under the Workforce Housing Tax Incentives Program. B. City considers 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) 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. Improvements by Company. Company shall construct on the Property one or more multi -level apartment buildings that include a total of up to 48 one -bedroom units, completed to a finished state, including installation of driveway and sidewalks, 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 1 Page 375 of 464 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". Company estimates that the total Project cost will be approximately $5.5 million. 2. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") submitted to the City, which Plans shall be subject to approval as provided in this Section. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. City shall approve the Plans in writing if: (a) the Plans conform to the terms and conditions of this Agreement; (b) the Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (c) the Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (d) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Approval of Plans hereunder shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. The Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans in whole or in part, Company shall submit new or corrected Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans shall continue to apply until the Plans have been approved by the City; provided, however, that in any event Company shall submit Plans which are approved by City prior to commencement of construction 2 Page 376 of 464 of the Improvements. Approval of the Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans by City be deemed to constitute a waiver of any Event of Default. 4. Incentives. After the Improvements have been Substantially Completed, Company will be eligible for the following incentives (for purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed in accordance with the Plans or Modified Plans to the extent necessary for the City to issue a certificate of occupancy relating thereto): A. Grants. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 for timely completion of each unit of the Improvements, for a total maximum incentive of $240,000.00, payable within sixty (60) days after City has verified that the Improvements have been Substantially Completed. 5. 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: A. Until all of 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. 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. 6. 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. 3 Page 377 of 464 7. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 8. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence 4 Page 378 of 464 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 party. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. 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; C. 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; or (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. D. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished 5 Page 379 of 464 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. 10. 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 Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of Company 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. 11. 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. 12. 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 6 Page 380 of 464 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. 13. 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. 14. 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 211 1st Avenue SE, Suite A, Cedar Rapids I, Iowa 52401, Attention: Darryl High. 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. 15. 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. 16. 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. 7 Page 381 of 464 17. 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. 18. 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. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 21. 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. 22. 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. [signatures on next page] 8 Page 382 of 464 CITY OF WATERLOO, IOWA PRAIRIE RAPIDS II, LLC By: By: Quentin M. Hart, Mayor Darryl High Attest: Kelley Felchle, City Clerk 9 Title: Page 383 of 464 EXHIBIT "A" Legal Description of Property Parcel "D" of Plat of Survey Doc. #2009-06842, being a part of the Northwest Fractional Quarter of Section 3, Township 88 North, Range 13 West of the 5th P.M., in the City of Waterloo, Black Hawk County, Iowa. 1 Page 384 of 464 Citij of Waterloo, Iowa Hi611 Development/Prairie Rapids Square II N W+E S Page 385 of 464 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 December 4, 2023 AGENDA ITEM TITLE Resolution accepting a Public Sidewalk Easement from the Waterloo Community School District to allow for the placement of a public sidewalk along West 6th Street on school -owned property, directly adjacent to 1115 West 5th Street (Irving Elementary School). RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The Waterloo Community School District (WCSD) recently constructed a bus lane that comes off and parallels West 6th Street to the east of Irving Elementary School. Because this bus lane has been added, the current sidewalk will be moved approximately 9' further to the west to go around the lane. The dimensions of the easement are shown on Exhibit A of the agreement. NEIGHBORHOOD IMPACT This request would not appear to negatively impact the surrounding area. Reconstructing the sidewalk in a different location will ensure that there is good pedestrian connectivity in the neighborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The WCSD will be responsible for construction of the new sidewalk and future maintenance. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 386 of 464 PART OF THE VACATED STREET RIGHT OF WAY ADJACENT TO BLOCK 6, LEAVITT, JOHNSON AND MILLER ADDITION, WATERLOO, BLACK HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID BLOCK 6 AND THE SOUTHWESTERLY RIGHT OF WAY OF LOCUST STREET; THENCE N88°14'53"E 16.20 FEET ALONG THE NORTH LINE OF VACATED WEST 6TH STREET AS RECORDED IN BOOK 344, PAGE 433 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE S01°45'07"E 35.74 FEET ALONG THE EAST LINE OF SAID VACATED WEST 6TH STREET TO THE POINT OF BEGINNING; THENCE CONTINUING S01°45'07"E 165.51 FEET ALONG SAID EAST LINE; THENCE S88°14'53"W 9.00 FEET THENCE N01°45'07"W 165.51 FEET; THENCE N88°14'53"W 9.00 FEET TO THE POINT OF BEGINNING. ATTACHMENTS 1. Public Sidewalk Easement Agreement - Irving Elem 2. Public Sidewalk Easement Map - Irving Elem. Page 387 of 464 Easement for Public Sidewalk Recorders Cover Sheet Preparcr Information: ISG 217 East 2nd Street Suito 110 Des Moines, IA 50309 Return Document To: ISG 217 East 2nd Street Suite 110 Des Moines, lA 50309 Grantors: Waterloo Community School District Grantees: City of Waterloo Legal Description: k3-ha t si -Foci. tr Page 388 of 464 EASEMENT FOR PUBLIC SIDEWALK KNOW ALL PERSONS BY THESE PRESENTS: That Waterloo Community School District (herein called "Grantor"), of the County of Black Hawk, State of Iowa, ht consideration of the sum of One Dollar ($1 Al to be paid by the CITY OF WATERLOO, IOWA (herein called "City"), and outer good and valuable consideration, the receipt of which is hereby acknowledged by the Grantor, does hereby sell, grant and convey unto the City of Waterloo, Iowa, a municipal corporation, a perpetual Easement for public sidewalk right-of-way tender, over, through, aml across the following described real estate: (legal description) (hereinafter called "Easement Area") for a public sidewalk on the surface of said Easement Areas designated above as "Easement for Public Sidewalk" ilk a manner that will permit its free and unobstructed use by pedestrians for the purpose of walking on the sidewalk. This Easement shall be subject to the following terms and conditions: I, ERECTION 01? STRUCTURES PROHIBITED: Grantor and its successors and assigns shall not erect any building, structure or fence over or within the Easement Area without obtaining prior written consent of the City, 2. OBSTRUCTIONS PROHIBITED: Grantor and its successors and assigns shall not erect or cause to be placed on the Easement Areas any structure, material, device, thing or matter, or plant or permit to grow any hedge or other vegetative growth which could obstruct, impede, or otherwise interfere with the use of the Easement Area as a sidewalk. 3. CHANGE OF GRADE PROHIBITED: Grantor and its successors and assigns shall not change the grade, elevation, or contour of any part of the Easement Area without obtaining prior written consent of the City. 4. RIGHT OIL IISE AND ACCESS: The public shall have the privilege of use of the sidewalk. The City shall have the right of access from any point on the Easement Area for the purpose of maintenance, repair, replacement, or reconstruction, as determined by the City, to fuchnde removal of any obstructions or structures placed or erected in the easement area. S. MAINTENANCE AND REPAIR: The nnainteuartee of the sidewalk and the Easement Area is the sole responsibility of the Grantor, and its successors and assigns. 6. GROUNDWATER HAZARDS STATEMENT: Grantor represents and warrants that there are no known wells, solid waste disposal sites, hazardous wastes, underground storage tanks, or any other similar hazardous conditions adversely affecting the environment as required by Section 558.69 of the Code of rowa, Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever. Page 389 of 464 Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive shares, if any, in and to the interests conveyed by this Easement, Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to context. Signed this (p day of WO Ve N 20Z:3, actor 0" LON K�+� Type or legibly print/Grantor's name STATE OF IOWA ) ( ss COUNTY OF BLACK HAWK, ) On this lv r day of k3Grr, , 20A3, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 261/4.. 1 L , to me known to be the identical person(s) named in the foregoing instrument and who executed the same as his/her/their voluntary act and deed. a Notary Public in and for the State of towa *IAA A: *'o • DEBRA A.H. JACOBS COMMISSION NO. 708536 MY . MMl SkoN ' IRS Page 390 of 464 LOT Al NOE'14'53'E 16.20'- 7 / AV L. 4 il? A/204 7('V F.a.MA' 6 LOT.9 P.S.E. AREA = 1490 SQ.F7; 0.03AC 1.0 g. LOTS i 0.° 3` IRON PIPE ✓ / 1-S01°45'07"E 35.74' i --N88°14'53"E 9.00' 1 1- POINT OF 9f.•GINNING 16.2' S7REETROW LOT 7 VACATED /N ORO/NANCENO. 449.5 9OOK341 PAGE433 --1........' VACATED JOHNSONSTREET • IGAL DESCRIPTION: 1 r a u) _-.. 63.8' 1 -S88° 14'53"W 9.00' LOT 7 4 / \ 1' IRON NIJW \ I "11h UN PIPE N. \ --LOT 8 \ .MY( 7 4 .— --- LOT ,9 — _ r G IO Seele In Feat LOT JOHNSON STREET RT OF THE VACATED STREET RIGHT OF WAY ADJACENT TO BLOCK 6, LEAVITT, JOHNSON AND MILLER ADDITION, WATERLOO, BLACK HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS: C OMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID BLOCK 6 AND THE SOUTHWESTERLY RIGHT OF WAY OF I OCUST STREET; THENCE N88'14'53"E 16.20 FEET ALONG THE NORTH LINE OF THE VACATED WEST 6TH STREET AS ECORDED IN BOOK 344, PAGE 433 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE SO1'46'07"E 35.74 IIEET ALONG THE EAST LINE OF SAID VACATED WEST 6TH STREET TO THE POINT OF BEGINNING; THENCE CONTINUING g01'415'07"E 169.51 PEET ALONG SAID EAST LINE; THENCE 88B'14'53"W 9.00 FEET; THENCE NQ1'45'07"W 165.91 FEET; JJ HENCE N80'14'53"E9.OD CET TC TIIC POINT OM ACOlNNINO. EXHIBIT A -PUBLIC SIDEWLk EASEMENT NI 1`CT SLOAN WALLACE STADIUM PARK VACATED W. 6TH STREET R.O.W. WAt MOO. VIACA I,A\ OOUtt1', IO`NA FJ it El 1 OF Page 391 of 464 Page 392 of 464 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 December 4, 2023 AGENDA ITEM TITLE Resolution approving a second amendment to a Real Estate Purchase Agreement with A -Line Ventures, for the purchase of 200 East Mullan Avenue, to amend the closing date to on or before December 21, 2023. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to amend a Real Estate Purchase Agreement A -Line Ventures for the purhase of 200 East Mullan Avenue, which said amendment now provides a closing date to occur on or before December 21, 2023. The original purchase agreement was approved on July 17, 2023 and an amendment was approved by the City Council and there was amendment approved on August 21, 2023, which allowed the city to conduct a Phase II Environmental Report upon the property. NEIGHBORHOOD IMPACT No negative impact is aniticipated to the surrounding area and removal of a blighted building would help with the future development of the neighborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 393 of 464 The Northwesterly 107 feet of Lot No. 10 and the Southwesterly 15 feet of the Northwesterly 107 feet of Lot No. 7, all in Block No. 9 in the Original Plat, on the East Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1 2nd Amendment to Purchase Agreement 2. 1st Amendment to Purchase Agreement 3. Original Purchase Agreement 4. Building Picture 5. Aerial Map Page 394 of 464 AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT This Amendment is entered into as of , 2023, by and between A -Line Ventures, LC ("Seller") and City of Waterloo, Iowa ("Buyer"). WHEREAS, Buyer and Seller are parties to a certain Real Estate Purchase Agreement dated July 17, 2023 (the "Agreement") pertaining to property identified as 200 E. Mullan Avenue, Waterloo, Black Hawk County, Iowa, as further described in the Agreement; and WHEREAS, the parties desire to amend the Agreement as set forth herein. NOW, THEREFORE, the parties agree that Section 2 of the Agreement is hereby amended to provide that closing shall occur on or before December 21, 2023, as mutually agreed by the parties, subject to prior waiver or satisfaction of any conditions stated in the Agreement. This Amendment is binding on the parties and their respective personal representatives, successors and assigns. This Amendment may be signed in counterparts. IN WITNESS WHEREOF, the parties have executed this Amendment by their duly authorized representatives as of the date first set forth above. SELLER` /` A -Line Veniures BUYER City of Waterloo, Iowa Byj By: `%,Benlar n troh, Manager Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Page 395 of 464 AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT This Amendment is entered into as of August 21, LC ("Seller") and City of Waterloo, Iowa ("Buyer"). , 2023, by and between A -Line Ventures, WHEREAS, Buyer and Seller are parties to a certain Real Estate Purchase Agreement dated July 17, 2023 (the "Agreement") pertaining to property identified as 200 E. Mullan Avenue, Waterloo, Black Hawk County, Iowa, as further described in the Agreement; and WHEREAS, the parties desire to amend the Agreement as set forth herein, to permit Buyer to undertake an investigation of environmental conditions. NOW, THEREFORE, Seller does hereby give its consent to Buyer conducting a Phase II environmental assessment of the Property, and Buyer hereby agrees that it shall not terminate the Agreement based on the results of the assessment. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Buyer. Except as so amended, the Agreement shall continue unmodified in full force and effect. This Amendment is binding on the parties and their respective personal representatives, successors and assigns. This Amendment may be signed in counterparts. IN WITNESS WHEREOF, the parties have executed this Amendment by their duly authorized representatives as of the date first set forth above. SELLER BUYER A -Line Ventures, LC City of Waterloo, Iowa By: Benjamin Stroh, Manager By: aterciu2 3�Cr Quentin Hart, Mayor Attest: 7(etTy Ee(cfte 7 0 Kelley Felchle, City Clerk Page 396 of 464 REAL ESTATE PURCHASE AGREEMENT TO: A -Line Ventures, LC ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property locally known as 200 E. Mullan Avenue, Waterloo, Black Hawk County, Iowa, and identified as parcel 8913-23-477-012, legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following teiiiis and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $7,000.00, due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 120 days after approval of this Agreement by the Waterloo City Council, on a date mutually agreeable to the parties, subject to prior satisfaction or waiver of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance, if any, to the date of closing and shall bear the risk of loss or damage to the Property until the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and disclaims any representations or warranties, express or implied, with respect to the Property, including without limitation, any warranties of merchantability or fitness for a particular purpose, except for those representations and warranties expressly made by Seller in this Agreement. Buyer hereby releases Seller from any and all liability relating to Property, including without limitation, environmental conditions, except for liabilities arising from Seller's own affairs. Also see Section 10. Page 397 of 464 8. ABSTRACT AND TITLE. Seller shall, at its own expense, obtain an abstract of title to the Property continued through a date that is within 30 days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea - formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Seller shall also provide Buyer with a properly executed groundwater hazard statement if there are any wells, solid waste disposal sites, hazardous wastes, underground storage tanks, private burial sites, or septic tanks located on the Property. Any other exceptions to the warranties set forth above are fully described here or on a separate addendum attached hereto: B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes, and may have a Phase I environmental assessment completed. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. Seller shall provide to Buyer a copy of any report or information in Seller's possession with respect to environmental assessment, investigation, testing or remediation. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall, unless waived by Buyer, be contingent upon the removal 2 Page 398 of 464 of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $100 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. Notwithstanding the above, asbestos on the premises is not included in Seller's remediation duties as Buyer will remove same at its own expense in connection with demolition. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. Seller'. spouse, if lief title holder immediately dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of t for this purpose. N/A. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. nt tof,•l•, t oNIA. e'.�'re..,�...�bv ugvu.., .v xuvaia�uw u':i� j' requested by the 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 3 Page 399 of 464 18. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code {Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: A -Line Ventures, LC 401 Main Street, Ste. 218 Cedar Falls, IA 50613 Attn: Manager Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. 4 Page 400 of 464 A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. COUNTERPARTS. This Agreement may be signed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts transmitted by electronic means, shall be deemed an original and all of which together shall constitute one and the same instrument. 25. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , 2023, Buyer may retract this Agreement, and it shall then be null and void. BUYER City of Waterloo, Iowa Accepted by Seller SELLER A -Line Inures By: By: Mayor Manager Attest: City Clerk 5 Page 401 of 464 Page 402 of 464 wAT F,P 41/4 Cit11 of Waterloo, Iowa Pdye 403 of 464 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 December 4, 2023 AGENDA ITEM TITLE Resolution approving a Real Estate Purchase Agreement with Cedar Valley Tech Works, Inc., and approving a deed to sell real property to the City of Waterloo in the amount of $2,460.00, located northwest of 25 West Commercial Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to approve a Real Estate Purchase Agreement with Cedar Valley Tech Works, Inc., and approve a deed to sell real property to the City of Waterloo in the amount of $2,460.00, located northwest of 25 West Commercial Street. There is a public recreational trail on the parcel in question and this would put the trail on city owned land. The seller is responsible for updating an abstract and conveying the property by Warranty Deed. NEIGHBORHOOD IMPACT Conveyance of the property would not negatively impact the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Downtown TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Page 404 of 464 Techworks Addition, Tract G, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Purchase Agreement 2. Aerial Map Page 405 of 464 REAL ESTATE PURCHASE AGREEMENT TO: Cedar Valley Tech Works, Inc. ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property in Waterloo, Black Hawk County, Iowa, identified as parcel 8913-23-378-003, legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to restrictive covenants, ordinances and limited access provisions of record, if any, and to existing easements, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE_ The Purchase Price shall be $2,460.00, due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 120 days after approval of this Agreement by the Waterloo City Council, on a date mutually agreeable to the parties, subject to prior satisfaction or waiver of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance, if any, to the date of closing and shall bear the risk of loss or damage to the Property until the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and disclaims any representations or warranties, express or implied, with respect to the Property, including without limitation, any warranties of merchantability or fitness for a particular purpose, except for those representations and warranties expressly made by Seller in this Agreement. Buyer hereby releases Seller from any and all liability relating to Property, including without limitation, Page 406 of 464 environmental conditions, except for liabilities arising from Seller's own affairs. Also see Section 10. 8. ABSTRACT AND TITLE. Seller shall, at its own expense, obtain an abstract of title to the Property continued through a date that is within 30 days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroaclunents shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. See Exhibit "A", Exhibit "B" and Exhibit "C" attached hereto. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes, and may have a Phase I environmental assessment completed. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. Seller shall provide to Buyer a copy of any report or information in Seller's possession with respect to environmental assessment, investigation, testing or remediation. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall, unless waived by Buyer, be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 13. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 2 Page 407 of 464 14. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 15. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Cedar Valley Tech Works, Inc. 360 Westfield Avenue, Suite 200 Waterloo, IA 50701 Attn: President Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 16. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 17. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 18. ADDITIONAL PROVISIONS. 3 Page 408 of 464 A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. Subject to obtaining consent to transfer from USEPA and IDNR. 19. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 20. COUNTERPARTS. This Agreement may be signed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts transmitted by electronic means, shall be deemed an original and all of which together shall constitute one and the same instrument. 21. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller within thirty (30) days of the delivery date set forth below, Buyer may retract this Agreement, and it shall then be null and void. Delivered to Seller Accepted by Seller BUYER SELLER City of Waterloo, Iowa Cedar Valley Tech Works, Inc. By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 4 By: _\ Cary Dar Ir President Page 409 of 464 EXHIBIT "A" Environmental Matters A-1. Seller Representations. Seller states that it has provided the environmental reports, agreements, orders, documents and records associated with the Property listed on Exhibit "B" attached hereto (the "Environmental Records"). Seller makes no representation or warranty regarding the accuracy or completeness of any Environmental Record prepared by third parties. Except as disclosed in the Environmental Records or Section A-2 below, to Seller's knowledge, formed without additional inquiry beyond the Environmental Records, the Property is not contaminated with, nor threatened with contamination from outside sources by, any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority having jurisdiction over the Property and that Seller has not used the Property as a landfill or dumpsite, or for storage of hazardous substances, or has not otherwise done anything to contaminate the Property with hazardous wastes or substances. Except as disclosed in the Environment Records or Section A-2, to Seller's knowledge, formed without additional inquiry beyond the Environmental Records, the Property is not subject to any local, state or federal judicial or administrative action, investigation or order, as the case may be, regarding wells or underground storage tanks, solid waste disposal sites, or hazardous wastes or substances. The representations and warranties provided in this Section A-1 shall survive the delivery of the Deed. In addition, concurrently with delivery of the Deed, Seller shall transfer, convey, deliver and assign to Buyer of all Seller's right, title and interest in and to any and all indemnity and hold harmless agreements and other like agreements between Seller and any third -party pertaining to any environmental matters or issues pertaining to the Property, to the full extent that such agreements are assignable by Seller. A-2. Environmental Conditions. A-2.1. Pre-existing Environmental Conditions. Buyer acknowledges that prior to the purchase of the Property by Seller, the Property had been utilized as a heavy manufacturing facility for almost a century. Environmental conditions upon the Property are partially described in the Environmental Records, and include but are not limited to the presence of polyaromatic hydrocarbons in fill material throughout the Property, the possible presence of used oil and petroleum products, and the possible presence of abandoned underground storage tanks. A-2.2. RCRA Permit. The Property is subject to a US Environmental Protection Agency ("USEPA") Permit for a Hazardous Waste Management Facility (the "RCRA Permit") and to a Declaration of Environmental Covenants (the "Covenants"). The management of existing environmental conditions on the Property may include the implementation of institutional controls and engineered barriers as reasonably necessary to protect human health, safety and welfare. Buyer shall be responsible for the performance of the conditions of the RCRA Permit and Covenants and for maintaining and protecting institutional controls and/or engineered barriers as required by the RCRA Permit and Covenants to the extent that said conditions, institutional controls, and/or engineered barriers relate to the Condo Units and such implementation, compliance, and/or maintenance is reasonably within the control of Buyer. Buyer shall maintain records of any activities relating to the movement or displacement of soil or groundwater done by it or on its behalf, including but not limited to removal, replacement, fill or disposal. Buyer shall maintain a file of all records regarding environmental matters or improvements to the Property. Such records shall be readily available for review upon request by Seller, Deere and Company ("Deere"), USEPA and/or Iowa Department of Natural Resources ("IDNR"). Seller shall be permitted to copy and retain copies of any such records, in its sole discretion. Buyer shall maintain all records relating to environmental matters on the Property for a period of five (5) years after expiration or termination of any restrictive covenant and/or condition of remediation imposed by USEPA or IDNR. Page 410 of 464 Seller agrees to release Buyer of obligations required by the RCRA Permit and the Covenants if Buyer obtains its own RCRA Permit and both USEPA and IDNR release Seller and Deere of its obligations relating to the property covered by the new RCRA Permit of Buyer. The agreements and covenants contained in this Section A-2.2 shall survive the delivery of the Deed. As a condition to delivery of the Deed, Buyer will execute and deliver to Seller the Acknowledgement and Acceptance of Environmental Covenants attached to the Purchase Agreement as Exhibit "C". 2 Page 411 of 464 EXHIBIT `B" Environmental Records The following constitute the "Environmental Records": 1. Declaration of Environmental Covenants recorded in Black Hawk County, Iowa on or about November 13, 2006 as Document No. 2007-10811 2. United States Environmental Protection Agency Permit for a Hazardous Waste Management Facility. Permittee: Deere & Company. Facility Identification Number: IAD005289806 (the RCRA Permit) 3. Letter from USEPA to James Kalina and Fredrick Van Schepen Re: Environmental Issues Relative to Construction Activities at the John Deere Waterloo Works Facility, EPA I.D. No. IAD005289806 (dated November 3, 2006) 4. Letter from USEPA to James Kalina Re: Final RCRA Hazardous Waste Management Permit and Response to Comments Final Remedy Decision for SWMU 19A and Southeast AOC 1 and Response to Comments for John Deere Waterloo Works Facility, 400 Westfield Avenue, Waterloo Iowa, EPA RCRA ID No. IAD005289806 (dated October 24, 2006) 5_ Letter from Weston Solutions, Inc. to USEPA Re: Addendum No. 2, Subsurface Vapor Intrusion Pathway Evaluation, Technical Memorandum, SWMU 19A and Southeast AOC-1, Cedar Valley TechWorks Facility, Waterloo, Iowa (dated November 21, 2006) 6. Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa. Prepared by Weston Solution, Inc. (dated May 2006) 7. Revised Technical Memorandum, Human Health Risk Evaluation for the Cedar Valley TechWorks Facility. Prepared by Weston Solutions, Inc. (dated April 2006) 8. Letter from Weston Solutions, Inc_ to USEPA Re: Addendum No. 1, Revised Technical Memorandum, Human Health Risk Evaluation for the Cedar Valley TechWorks Facility, Waterloo, Iowa (dated November 16, 2006) 9. Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa (Revision 2). Prepared by Weston Solutions, Inc. (dated June 2006) 10. Indoor Air Assessment, John Deere Waterloo Works Area of Contamination -A, Waterloo, Iowa (Revision 0). Prepared by Weston Solutions, Inc. (dated June 16, 2008) 11_ Letter from USEPA to James Kalina Re: EPA I.D. No. IAD005289806 (approving Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa (Revision 2). (dated July 3, 2006) 12. USEPA Memorandum from Jeremy Johnson to Randy Rohrman Re: Revised Technical Memorandum Human Health Risk Evaluation for the Cedar Valley Techworks Facility, John Deere Waterloo Works, Waterloo, Iowa (dated May 15, 2006) 13. USEPA Fact Sheet Re: Proposed Hazardous Waste Permit Renewal and Proposed Cleanup Plan Released for Public Comment, John Deere Waterloo Works, Waterloo, Iowa (dated July 2006) 14. Letter from Weston Solutions, Inc. to USEPA Re: Addendum to Corrective Measures Implementation Work Plan, SWMU 19A and Southeast AOC-I — Revision 1, March 2008, John Deere Museum and TechWorks Campus Development, Blackhawk County — Waterloo, Iowa (dated October 25, 2012) Page 412 of 464 15. Letter from USEPA to Joseph Ruiz Re: EPA Review of Revised Addendum to Corrective Measures Implementation Work Plan — SWMU 19A and Southeast AOC-1, John Deere Waterloo Works, Waterloo, Iowa, EPA I.D. No. IAD005289806 (date January 29, 2013) 16. Letter from Weston Solutions, Inc. to USEPA Re: Addendum to Corrective Measures implementation Work Plan - Revised, SWMU 19A and Southeast AOC-1 — Revision 1, March 2008, John Deere Museum and TechWorks Campus Development, Blackhawk County — Waterloo, Iowa (dated December 21, 2012) 17. Pre -Renovation Asbestos, Lead -Based Paint and Hazardous Materials Assessment Report. Prepared by ATC Associates (dated August 10, 2012) 18. Letter from Cardno ATC to Jennifer Kakert Re: Follow-up Asbestos Containing Building Materials, Lead - Based Paint, and Hazardous Materials Re -Surveys (dated November 12, 2015) 19. Letter from ATC Associates Inc. to Bryce Henderson Re: Pre -Renovation Abatement Cost Estimates (dated August 10, 2012) 20. Corrective Measures Implementation Work Plan & Construction Quality Assurance Plan, SWMU 19A and Southeast AOC 1, John Deere Waterloo Works, Waterloo, Iowa, Facility ID No.: IAD005289806. Prepared by Weston Solutions, Inc. (dated May 2007) 21. Site Specific Health and Safety Plan, Special Provisions for Construction at Former John Deere RCRA Facility. Prepared by Weston Solutions, Inc. (dated May 2007) 22. Non -Destructive Asbestos and Hazardous Material Survey Report. Prepared by Liesch Companies (dated August 2005) 23. John Deere Cedar Valley TechWorks Limited Site Investigation Work Plan. Prepared by Terracon (dated September 28, 2006) 24. Phase I Environmental Site Assessment, John Deere Waterloo Cedar Valley TechWorks. Prepared by Terracon (dated November 6, 2006) 25. Corrective Measures Implementation Report SWMU 19A and Southeast AOC 1, John Deere Museum and TechWorks Campus Development, Blackhawk County — Waterloo, Iowa. Prepared by Weston Solutions, Inc. (dated November 2015) 26. Asbestos and Hazardous Materials Survey Report. Prepared by Liesch Companies (dated October 2005) 27. Non -Destructive Asbestos and Hazardous Materials Survey Report. Prepared by Liesch Companies (dated October 2005) 28. Phase I Environmental Site Assessment, John Deere Waterloo Cedar Valley TechWorks. Prepared by Terracon (dated November 8, 2006) 29. Environmental Covenant recorded in Black Hawk County, Iowa on or about April 25, 2023 as Document No. 2023-14277 2 Page 413 of 464 EXHIBIT "C" Assignment and Assumption of Environmental Conditions This Acknowledgement and Acceptance of Environmental Covenants is entered into as of , by and between City of Waterloo, Iowa ("City") and Cedar Valley Tech Works, Inc. ("CVTW"). WHEREAS, a Declaration of Environmental Covenants was filed in the office of the Recorder of Black Hawk County, Iowa on or about November 13, 2006 and recorded as Doc. No. 2007-10811, and an additional Environmental Covenant was filed in said office on or about April 25, 2023 and recorded as Doc. No. 2023-14277 (collectively, the "Environmental Covenants") ; and WHEREAS, City desires to take title to a portion of the Facility (as described in the Environmental Covenants) and to undertake responsibility for compliance with the Environmental Covenants. NOW, TIIEREFORE, in consideration of the mutual covenants and agreements set forth herein, parties agree as follows: 1. City Acknowledgement and Acceptance of Environmental Covenants. City hereby acknowledges receipt of a copy of the Environmental Covenants and agrees to comply with and perform all obligations thereunder as if the Grantor. City agrees to require any subsequent transferee of the Facility, or any portion thereof, to accept and comply with terms of the Environmental Covenants as provided herein and therein. 2. General. This Acknowledgement and Acceptance of Environmental Covenants is entered into pursue to . e terms of the Real Estate Purchase Agreement by and between City and CVTW dated . Capitalized terms used herein but not otherwise defined shall have the meaning set fo in said Agreement and/or the Environmental Covenants. IN WITNESS WHEREOF, the parties have entered into this Assignment and Assumption of Environmental Conditions by their duly authorized representatives as of the date first set forth above. CEDAR VALLEY TECH WORKS, INC. CITY OF WATERLOO, IOWA By: I Cary Darrah, President Quentin Hart, Mayor By: Attest: Kelley Felchle, City Clerk Page 414 of 464 Techworks Addition, Tract G CEDAR VAL LEY TECH WORK iNC Jaed] Va1ve$2.4E0 View Report I Aicnomet y Lrnagre Address Change I Google MwE Page 415 of 464 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 December 4, 2023 AGENDA ITEM TITLE Resolution approving a Real Estate Purchase Agreement with Cedar Valley Tech Works, Inc., and approving a deed to sell real property to the City of Waterloo in the amount of $59,880.00, located southwest of 25 West Commercial Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to approve a Real Estate Purchase Agreement with Cedar Valley Tech Works, Inc., and approve a deed to sell real property to the City of Waterloo in the amount of $59,880.00, located northwest of 25 West Commercial Street. There is a 30 stall parking lot on the land in question and it could be utilized for future development in the area. The seller is responsible for updating an abstract and conveying the property by Warranty Deed. NEIGHBORHOOD IMPACT Conveyance of the property would not negatively impact the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Downtown TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Page 416 of 464 Techworks Addition, Lot 4, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Purchase Agreement 2. Aerial Map Page 417 of 464 REAL ESTATE PURCHASE AGREEMENT TO: Cedar Valley Tech Works, Inc. ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property in Waterloo, Black Hawk County, Iowa, identified as parcel 8913-23-377-008, legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to restrictive covenants, ordinances and limited access provisions of record, if any, and to existing easements, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $59,880.00, due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 120 days after approval of this Agreement by the Waterloo City Council, on a date mutually agreeable to the parties, subject to prior satisfaction or waiver of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance, if any, to the date of closing and shall bear the risk of loss or damage to the Property until the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and disclaims any representations or warranties, express or implied, with respect to the Property, including without limitation, any warranties of merchantability or fitness for a particular purpose, except for those representations and warranties expressly made by Seller in this Agreement. Buyer hereby releases Seller from any and all liability relating to Property, including without limitation, environmental conditions, except for liabilities arising from Seller's own affairs. Also see Section 10. Page 418 of 464 8. ABSTRACT AND TITLE. Seller shall, at its own expense, obtain an abstract of title to the Property continued through a date that is within 30 days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. See Exhibit "A", Exhibit "B" and Exhibit "C" attached hereto. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes, and may have a Phase I environmental assessment completed. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. Seller shall provide to Buyer a copy of any report or information in Seller's possession with respect to environmental assessment, investigation, testing or remediation. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall, unless waived by Buyer, be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 13. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 14. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon 2 Page 419 of 464 thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 15. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Cedar Valley Tech Works, Inc. 360 Westfield Avenue, Suite 200 Waterloo, IA 50701 Attn: President Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 16. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 17. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 18. ADDITIONAL PROVISIONS. A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. 3 Page 420 of 464 B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. Subject to obtaining consent to transfer from USEPA and IDNR. 19. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof 20. COUNTERPARTS. This Agreement may be signed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts transmitted by electronic means, shall be deemed an original and all of which together shall constitute one and the same instrument. 21. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller within thirty (30) days of the delivery date set forth below, Buyer may retract this Agreement, and it shall then be null and void. Delivered to Seller BUYER City of Waterloo, Iowa Accepted by Seller l l SELLER Cedar Valley Tech Works, Inc. By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Cary Darrah, President 4 Page 421 of 464 EXHIBIT "A" Environmental Matters A-1. Seller Representations. Seller states that it has provided the environmental reports, agreements, orders, documents and records associated with the Property listed on Exhibit "B" attached hereto (the "Environmental Records"). Seller makes no representation or warranty regarding the accuracy or completeness of any Environmental Record prepared by third parties. Except as disclosed in the Environmental Records or Section A-2 below, to Seller's knowledge, formed without additional inquiry beyond the Environmental Records, the Property is not contaminated with, nor threatened with contamination from outside sources by, any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority having jurisdiction over the Property and that Seller has not used the Property as a landfill or dumpsite, or for storage of hazardous substances, or has not otherwise done anything to contaminate the Property with hazardous wastes or substances. Except as disclosed in the Environment Records or Section A-2, to Seller's knowledge, formed without additional inquiry beyond the Environmental Records, the Property is not subject to any local, state or federal judicial or administrative action, investigation or order, as the case may be, regarding wells or underground storage tanks, solid waste disposal sites, or hazardous wastes or substances. The representations and warranties provided in this Section A-1 shall survive the delivery of the Deed. In addition, concurrently with delivery of the Deed, Seller shall transfer, convey, deliver and assign to Buyer of all Seller's right, title and interest in and to any and all indemnity and hold harmless agreements and other like agreements between Seller and any third -party pertaining to any environmental matters or issues pertaining to the Property, to the full extent that such agreements are assignable by Seller. A-2. Environmental Conditions. A-2.1. Pre-existing Environmental Conditions. Buyer acknowledges that prior to the purchase of the Property by Seller, the Property had been utilized as a heavy manufacturing facility for almost a century. Environmental conditions upon the Property are partially described in the Environmental Records, and include but are not limited to the presence of polyaromatic hydrocarbons in fill material throughout the Property, the possible presence of used oil and petroleum products, and the possible presence of abandoned underground storage tanks. A-2.2. RCRA Permit. The Property is subject to a US Environmental Protection Agency ("USEPA") Permit for a Hazardous Waste Management Facility (the "RCRA Permit") and to a Declaration of Environmental Covenants (the "Covenants"). The management of existing environmental conditions on the Property may include the implementation of institutional controls and engineered barriers as reasonably necessary to protect human health, safety and welfare. Buyer shall be responsible for the performance of the conditions of the RCRA Permit and Covenants and for maintaining and protecting institutional controls and/or engineered barriers as required by the RCRA Permit and Covenants to the extent that said conditions, institutional controls, and/or engineered barriers relate to the Condo Units and such implementation, compliance, and/or maintenance is reasonably within the control of Buyer. Buyer shall maintain records of any activities relating to the movement or displacement of soil or groundwater done by it or on its behalf, including but not limited to removal, replacement, fill or disposal. Buyer shall maintain a file of all records regarding environmental matters or improvements to the Property. Such records shall be readily available for review upon request by Seller, Deere and Company ("Deere"), USEPA and/or Iowa Department of Natural Resources ("IDNR"). Seller shall be permitted to copy and retain copies of any such records, in its sole discretion. Buyer shall maintain all records relating to environmental matters on the Property for a period of five (5) years after expiration or termination of any restrictive covenant and/or condition of remediation imposed by USEPA or IDNR. Page 422 of 464 Seller agrees to release Buyer of obligations required by the RCRA Permit and the Covenants if Buyer obtains its own RCRA Permit and both USEPA and IDNR release Seller and Deere of its obligations relating to the property covered by the new RCRA Permit of Buyer. The agreements and covenants contained in this Section A-2.2 shall survive the delivery of the Deed. As a condition to delivery of the Deed, Buyer will execute and deliver to Seller the Acknowledgement and Acceptance of Environmental Covenants attached to the Purchase Agreement as Exhibit "C". 2 Page 423 of 464 EXHIBIT "B" Environmental Records The following constitute the "Environmental Records": 1. Declaration of Environmental Covenants recorded in Black Hawk County, Iowa on or about November 13, 2006 as Document No. 2007-10811 2. United States Environmental Protection Agency Permit for a Hazardous Waste Management Facility. Permittee: Deere & Company. Facility Identification Number: IAD005289806 (the RCRA Permit) 3. Letter from USEPA to James Kalina and Fredrick Van Schepen Re: Environmental Issues Relative to Construction Activities at the John Deere Waterloo Works Facility, EPA I.D. No. IAD005289806 (dated November 3, 2006) 4. Letter from USEPA to James Kalina Re: Final RCRA Hazardous Waste Management Permit and Response to Comments Final Remedy Decision for SWMU 19A and Southeast AOC 1 and Response to Comments for John Deere Waterloo Works Facility, 400 Westfield Avenue, Waterloo Iowa, EPA RCRA ID No. IAD005289806 (dated October 24, 2006) 5. Letter from Weston Solutions, Inc. to USEPA Re: Addendum No. 2, Subsurface Vapor Intrusion Pathway Evaluation, Technical Memorandum, SWMU 19A and Southeast AOC-1, Cedar Valley TechWorks Facility, Waterloo, Iowa (dated November 21, 2006) 6. Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa. Prepared by Weston Solution, Inc. (dated May 2006) 7. Revised Technical Memorandum, Human Health Risk Evaluation for the Cedar Valley TechWorks Facility. Prepared by Weston Solutions, Inc. (dated April 2006) 8. Letter from Weston Solutions, Inc. to USEPA Re: Addendum No. 1, Revised Technical Memorandum, Human Health Risk Evaluation for the Cedar Valley TechWorks Facility, Waterloo, Iowa (dated November 16, 2006) 9. Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa (Revision 2). Prepared by Weston Solutions, Inc. (dated June 2006) 10. Indoor Air Assessment, John Deere Waterloo Works Area of Contamination -A, Waterloo, Iowa (Revision 0). Prepared by Weston Solutions, Inc. (dated June 16, 2008) 11. Letter from USEPA to James Kalina Re: EPA I.D. No. IAD005289806 (approving Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa (Revision 2). (dated July 3, 2006) 12. USEPA Memorandum from Jeremy Johnson to Randy Rohrman Re: Revised Technical Memorandum Human Health Risk Evaluation for the Cedar Valley Techworks Facility, John Deere Waterloo Works, Waterloo, Iowa (dated May 15, 2006) 13. USEPA Fact Sheet Re: Proposed Hazardous Waste Permit Renewal and Proposed Cleanup Plan Released for Public Comment, John Deere Waterloo Works, Waterloo, Iowa (dated July 2006) 14. Letter from Weston Solutions, Inc. to USEPA Re: Addendum to Corrective Measures Implementation Work Plan, SWMU 19A and Southeast AOC-1 — Revision 1, March 2008, John Deere Museum and TechWorks Campus Development, Blackhawk County — Waterloo, Iowa (dated October 25, 2012) Page 424 of 464 15. Letter from USEPA to Joseph Ruiz Re: EPA Review of Revised Addendum to Corrective Measures Implementation Work Plan — SWMU 19A and Southeast AOC-1, John Deere Waterloo Works, Waterloo, Iowa, EPA I.D. No. IAD005289806 (date January 29, 2013) 16. Letter from Weston Solutions, Inc. to USEPA Re: Addendum to Corrective Measures Implementation Work Plan - Revised, SWMU 19A and Southeast AOC-1 — Revision 1, March 2008, John Deere Museum and TechWorks Campus Development, Blackhawk County — Waterloo, Iowa (dated December 21, 2012) 17. Pre -Renovation Asbestos, Lead -Based Paint and Hazardous Materials Assessment Report. Prepared by ATC Associates (dated August 10, 2012) 18. Letter from Cardno ATC to Jennifer Kakert Re: Follow-up Asbestos Containing Building Materials, Lead - Based Paint, and Hazardous Materials Re -Surveys (dated November 12, 2015) 19. Letter from ATC Associates Inc. to Bryce Henderson Re: Pre -Renovation Abatement Cost Estimates (dated August 10, 2012) 20. Corrective Measures Implementation Work Plan & Construction Quality Assurance Plan, SWMU 19A and Southeast AOC 1, John Deere Waterloo Works, Waterloo, Iowa, Facility ID No.: IAD005289806. Prepared by Weston Solutions, Inc. (dated May 2007) 21. Site Specific Health and Safety Plan, Special Provisions for Construction at Former John Deere RCRA Facility. Prepared by Weston Solutions, Inc. (dated May 2007) 22. Non -Destructive Asbestos and Hazardous Material Survey Report. Prepared by Liesch Companies (dated August 2005) 23. John Deere Cedar Valley TechWorks Limited Site Investigation Work Plan. Prepared by Terracon (dated September 28, 2006) 24. Phase I Environmental Site Assessment, John Deere Waterloo Cedar Valley TechWorks. Prepared by Terracon (dated November 6, 2006) 25. Corrective Measures Implementation Report SWMU 19A and Southeast AOC 1, John Deere Museum and TechWorks Campus Development, Blackhawk County — Waterloo, Iowa. Prepared by Weston Solutions, Inc. (dated November 2015) 26. Asbestos and Hazardous Materials Survey Report. Prepared by Liesch Companies (dated October 2005) 27. Non -Destructive Asbestos and Hazardous Materials Survey Report. Prepared by Liesch Companies (dated October 2005) 28. Phase I Environmental Site Assessment, John Deere Waterloo Cedar Valley TechWorks. Prepared by Terracon (dated November 8, 2006) 29. Environmental Covenant recorded in Black Hawk County, Iowa on or about April 25, 2023 as Document No. 2023-14277 2 Page 425 of 464 EXHIBIT "C" Assignment and Assumption of Environmental Conditions This Acknowledgement and Acceptance of Environmental Covenants is entered into as of POO/witty/ rt' , by and between City of Waterloo, Iowa ("City") and Cedar Valley Tech Works, Inc. ("CVT ) WHEREAS, a Declaration of Environmental Covenants was filed in the office of the Recorder of Black Hawk County, Iowa on or about November 13, 2006 and recorded as Doc. No. 2007-10811, and an additional Environmental Covenant was filed in said office on or about April 25, 2023 and recorded as Doc. No. 2023-14277 (collectively, the "Environmental Covenants") ; and WHEREAS, City desires to take title to a portion of the Facility (as described in the Environmental Covenants) and to undertake responsibility for compliance with the Environmental Covenants. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, parties agree as follows: 1. City Acknowledgement and Acceptance of Environmental Covenants. City hereby acknowledges receipt of a copy of the Environmental Covenants and agrees to comply with and perform all obligations thereunder as if the Grantor. City agrees to require any subsequent transferee of the Facility, or any portion thereof, to accept and comply with terms of the Environmental Covenants as provided herein and therein. 2. General. This Acknowledgement and Acceptance of Environmental Covenants is entered into pursuant to t a terms of the Real Estate Purchase Agreement by and between City and CVTW dated ri . Capitalized terms used herein but not otherwise defined shall have the meaning set fort in said Agreement and/or the Environmental Covenants. IN WITNESS WHEREOF, the parties have entered into this Assignment and Assumption of Environmental Conditions by their duly authorized representatives as of the date first set forth above. CEDAR VALLEY TECH WORKS, INC. By: ZA_.(..e ,)-A-- Cary DarraW, President CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Page 426 of 464 Page 427 of 464 Techworks Addition, Lot 4 al „so • 391323377008 CEDAR VALLEY TECH WORKS INC ;Deed] Valoa $54r,1389 Vievr Resort I PictomecryIrnag I Addres ChanRe I Google Me 5232247.31, 3647260.10 C+ Page 428 of 464 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 December 4, 2023 AGENDA ITEM TITLE An Ordinance approving a request by Schott's Trucking, LLC, for a rezone of approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W. Airline Highway. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Request by Schott's Trucking, LLC for a rezone of approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W Airline Highway. The proposed rezone area is currently zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North and South— Agricultural, rural homes, vacant lots, zoned "A-1" Agricultural District. East — Vacant land and homes zoned "A-1" Agricultural District and "R-1" One and Two Family Residence District. West — Vacant land, church, and rural homes, zoned "A-1" Agricultural District and, "R-3" Multiple Residence District. The Future Land Use Map designates this area as low density residential. This rezoning request is not in conformance with the Future Land Use Map and Comprehensive Plan for this area, but the plan is a general guide, and the proposed use of the site would not appear to be out of character with the area. Due to the rural nature of the area. The City is in support of this request because it will have minimal impact on the surrounding area. The applicant has been running a trucking business at this location for over two years without any complaints from neighbors. Mr. Schott previously worked for John Deere, but now he transports products/materials needed for John Deere to produce its tractors. The Zoning Ordinance allows for the operation of a home occupation, but the business has expanded past the limits for a home occupation. The Planning and Zoning Commission unanimously approved the request at their regular meeting on October 10, 2023. Therefore, staff recommends the request by Schott's Trucking, LLC for a rezone of approximately Page 429 of 464 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W Airline Highway, be approved for the following reasons: 1. The request will not have a negative impact on the surrounding area. 2. There has been no opposition to this request. And subject to the following conditions: 1. The use of the property shall be limited to a trucking business, or any use permitted in the "C- 1" Commercial District. With the condition that no alcohol sales or Adult Entertainment will be allowed at the site. 2. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc NEIGHBORHOOD IMPACT The site in question is 840 feet west of the West Airline Highway and Angles Drive intersection. W Arline Highway is a Principal Arterial. The proposed rezone should not have a significant impact on traffic and pedestrian conditions in the area. The area to be rezoned is not located in the 100-year floodplain as established by the Federal Emergency Management Association (FEMA) Flood Insurance Rate Map dated July 11, 2011. There are no storm sewer or sanitary sewer mains in the immediate vicinity. However there is a 12" water main along West Airline Highway. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION A part of the West Half of the Southeast quarter of Section 2, Township No. 89 North, Range 13 West of the Fifth Principle Meridian, Black Hawk County, Waterloo, Iowa, described as follows: Commencing at the Southwest Corner of the Southeast Quarter of said Section No.2; thence North 90 degrees 00 Minutes East along the South line of said Southeast Quarter 264.30 feet; thence North 0 degrees 00 minutes East 60 feet to that North right-of-way line of Iowa Highway No. 57 (now Airline Highway) and point of beginning; thence continuing North 0 degrees 00 minutes East 337.48 feet; thence North 90 degrees 00 minutes East 379.03 feet; thence South 0 degrees 00 minutes East 337.48 feet to the North right-of-way line of Iowa No. 57 (now Airline Highway) thence along said Page 430 of 464 right-of-way line South 86 degrees 38 minutes West 170.29 feet; thence South 90 degrees 00 minutes West 173.30 feet; thence North 74 degrees 22 minutes West 37.10 feet to the point of beginning. The South Line of the Southeast Quarter of Section No. 2, Township No. 89 North, Range No. 13 West is assumed to bear North 90 degrees 00 minutes East. ATTACHMENTS 1. City Council Packet Page 431 of 464 November 20, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: DEVELOPMENT HISTORY: BUFFERS/ SCREENING: DRAINAGE: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by Schott's Trucking, LLC for a rezone of approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W Airline Highway. Schott's Trucking, LLC, 438 W Airline Highway, Waterloo, IA 50703 The applicant is requesting to rezone the site to allow for a trucking business. The proposed rezone will not have a negative impact on the surrounding neighborhood. The area is mostly rural with only a few homes nearby. The site in question is 840 feet west of the West Airline Highway and Angles Drive intersection. W Arline Highway is a Principal Arterial. The proposed rezone should not have a significant impact on traffic and pedestrian conditions in the area. Residential properties built between 1909 and 2016. No screening would be required for this request. A drainage plan is not required in relation to this request. There are no trails in the immediate vicinity. The proposed rezone area is currently zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North and South —Agricultural, rural homes, vacant lots, zoned "A- 1" Agricultural District. East — Vacant land and homes zoned "A-1" Agricultural District and "R-1" One and Two Family Residence District. West — Vacant land, church, and rural homes, zoned "A-1" Agricultural District and, "R-3" Multiple Residence District. A-1 to C-1,C-Z 438 W Airline Highway Page 1 of 5 Page 432 of 464 November 20, 2023 FLOODPLAIN: The area to be rezoned is not located in the 100-year floodplain as established by the Federal Emergency Management Association (FEMA) Flood Insurance Rate Map dated July 11, 2011. PUBLIC /OPEN There are no schools or parks within the immediate vicinity. SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER There are no storm sewer or sanitary sewer mains in the immediate vicinity. However there is a 12" water main along West Airline Highway. A-1 to C-1,C-Z 438 W Airline Highway Page 2 of 5 2 Page 433 of 464 November 20, 2023 Picture 1: 438 West Airline Highway Picture 2: Home located across the street from 438 West Airline Highway. A-1 to C-1,C-Z 438 W Airline Highway Page 3 of 5 3 Page 434 of 464 November 20, 2023 Picture 3: Existing dilapidated barn. Picture 4: 438 West Airline Highway. A-1 to C-1,C-Z 438 W Airline Highway Page 4 of 5 4 Page 435 of 464 November 20, 2023 RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The Future Land Use Map designates this area as low density residential. This rezoning request is not in conformance with the Future Land Use Map and Comprehensive Plan for this area, but the plan is a general guide, and the proposed use of the site would not appear to be out of character with the area. Due to the rural nature of the area. The City is in support of this request because it will have minimal impact on the surrounding area. The applicant has been running a trucking business at this location for over two years without any complaints from neighbors. Mr. Schott previously worked for John Deere, but now he transports products/materials needed for John Deere to produce its tractors. The Zoning Ordinance allows for the operation of a home occupation, but the business has expanded past the limits for a home occupation. The Planning and Zoning Commission unanimously approved the request at their regular meeting on October 10, 2023. There is no platting required for this request. Therefore, staff recommends the request by Schott's Trucking, LLC for a rezone of approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W Airline Highway, be approved for the following reasons: 1. The request will not have a negative impact on the surrounding area. 2. There has been no opposition to this request. And subject to the following conditions: 1. The use of the property shall be limited to a trucking business, or any use permitted in the "C-1" Commercial District. With the condition that no alcohol sales or Adult Entertainment will be allowed at the site. 2. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. A-1 to C-1,C-Z 438 W Airline Highway Page 5 of 5 5 Page 436 of 464 City of Waterloo City Council November 20, 2023 438 West Airline Highway Rezone "A-1" to "C-i,C-Z" BJ Schott 6 City of Waterloo City Council November 20, 2023 M-2 BURTONAV -GROVER CT —n 55 i r z C-2 m - 1I 0 0 �ETERS DF?0 M-1 tROCA LN -AJ1------- - FA-1— A-1 R-1 _ W 2 C-jC=Zi -LUCASST- z Q �W o � 0 Q •M DLAND ST- m o z R-1 R-P 0 z = ems g R-2,C-Z O9p� STONE QUARRY. RD sZ-1 k W BIG ROCK RD C-2 R' 1 R-4 n R-3 IL I WAIRLINE HWY M-2,P R-4 i C-1 63 A-1 R-1— —A 1 I rC-Z C-1 —LOWDER RD 0 C=1 1I C2, C-Z L I R-1 C-11'Z R-2 R=1 [R-2,C_Z ASHLAND AV 7OOMNOl1O0 1 R-3 C-2 E BIG ROCK RD R-4 R-1 RALSTON RD C- 2— C-P A-1 E AIRLINE HWY R-4,R-P C-P n1 TC-P Q to m 4 D/NG- MEsr R-4—R-2'C-Z. ?. R-4 r_ ti cr C-P I I E.`DONALD ST IP w R-3 R-2 1 gr—W.,DALE ST- R-4 -E.-DALE ST 1 438 West Airline Highway Rezone from "A-1" to "C-i,C-Z" BJ Schott 7 Pgge 4' of aka Area to be Rezoned R-3 y. WAIRLINE HWY •v • v •••• Y _ V wwwwwwwww • 0 4'3 1 t ) Page 439 of 464 Prepared By and Return To: Aric A. Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS, the owners of property in the City of Waterloo currently zoned "A-1" Agricultural District and requested to be zoned "C-1, C-Z" Conditional Commercial District, generally located at 438 W Airline Highway, and legally described as (hereinafter "Property"): "Exhibit A" HEREBY agree to the following conditions on the above -described Property: 1. The use of the property shall be limited to a trucking business, or any use permitted in the "C-1" Commercial District, except that no alcohol sales or Adult Entertainment will be allowed at the site. NOW THEREFORE, it is agreed by the owners that any proposed change in the use or conditions of the Property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission, for its recommendation to the City Council who will review and approve the proposed change to the above -described Property. These conditions have been placed on the above -described Property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant, I (we) herein declare that the conditions shall govern the entire Property as described above, which restrictions shall run with the land and be binding on the successors, heirs and assigns, and herein agree: 1) that these conditions shall not prohibit the division or subdivision of said Property in compliance with the City of Waterloo Zoning Ordinance No. 5079 as amended and the City of Waterloo Subdivision Ordinance No. 2997 as amended, however each subdivided part thereof shall be subject to the terms of these conditions, 2) that none of these conditions shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above. It is further understood that these conditions shall not be deemed a limitation or repeal of any other conditions, restrictions, or covenants placed on the above -described Property. Agreed to this /q day of ( b r , 2023 Property Owners and Rezone Applicant On this 11 day of (fA-jb6r, 2023, before me, the undersigned, a Notary Public in and for the State of .fr-kun , personally appeared j ,SC�'1,6f- to me known to be the identical person(s) named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and dee SEAL /OWN EMILY SELIGA Commission Number 849716 My Commission Expires July 27, 2026 Notary Public ' and for the St e of Iowa Page 1 of 1 Conditions of Zoning — 438 W Airline Highway 9 Page 440 of 464 ayc c J1 I Exhibit A Except Any Legal Highways A part of the West Half of the Southeast Quarter of Section No. 2, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Waterloo, Iowa, described as follows: Commencing at the Southwest Corner of the Southeast Quarter of said Section No. 2; thence North 90 degrees 00 minutes East: along the South line of said Southeast Quarter 254.30 feet; thence North 0 degrees 00 minutes East 60.00 feet to the North right-of-way line of Iowa Highway No. 57 (now Airline Highway) and the point of beginning; thence continuing North 0 degrees 00 minutes East 337.48 feet; thence North 90•degrees 00 minutes East 379.03 feet; thence South 0 degrees 00 minutes East 337.48 feet to the North right- of-way line of Iowa Highway No. 57 (now Airline Highway); thence along said right-of-way line South 86 degrees 38 minutes West 170.29 feet; thence South 90 degrees 00 minutes West 173.30 feet; thence North 74 degrees 22 minutes West 37.10 feet to the point of beginning. The South line of the Southeast Quarter of Section No. 2, Township No. 89 North, Range No. 13 West is assumed to bear North 90 degrees 00 minutes East. 10 Page 441 of 464 Date: 09/10/2023 - 1:39 PM Design Name: Post Frame Design Design ID: 304059166287 System V Estimate ID: 24186 Estimated price: $19,311.72 'Today's estimated price, future pricing may go up or down. Tax, labor, and delivery not included. ME A'DS Design &Buy - POST FRAME How to recall and purchase a saved design at home OR 1. On Menards.com, enter "Design & Buy" in the search bar 2. Select the Buildings Designer 3. Recall your design by entering Design ID: 304059166287 4. Follow the on -screen purchasing instructions How to purchase at the store 1. Enter Design ID: 304059166287 at the Design -It Center Kiosk in the Building Materials Department 2. Follow the on -screen purchasing instructions. 1 1/2" }fly 7' 10 1/2" 9' 10 1/2" 10' 1 22' 22' 26' u 26' 8' 1-A N vi x in 22' FLOOR PLAN 8' 8' * 7' 10 1/2" 1.4----1 1/2" 22' 22' SV 1 3'x6'8" 2 I ■ 8' 4 0' 22' 22' 24' 26' 24'■ m co x 22' 22' 1 B 22' 8' ■ 7' 10 1/2" 4' 10 1/2" 12' 6' 6' 10 1/2" }1 I —1 1/2' For other design systems search "Design & Buy" on Menards.com Pag11 of 7 Page 442 of 464 Design #: 304059166287 Estimate #: 24186 Store: WATERLOO Elevation Views Post Frame Building Estimate Date: Sep 10, 2023 1:39:29 PM LL For other design systems search "Design & Buy" on Menards.com Page 443 of 464 Design #: 304059166287 Estimate rt: 24186 Store: WATERLOO Post Frame Building Estimate Date: Sep 10, 2023 1:39:29 PM Congratulations, you have taken the first step towards making your new post frame building a reality! • You have selected Menards to provide you with superior products produced by Midwest Manufacturing that will meet your needs. For a more detailed look at these premium products visit us on the web at www.midwestmanufacturing,com. `Delivery charge is not included in price. Items ordered to complete your building from vendors other than Midwest Manufacturing are not available for pickup from the plant. For other design systems search "Design & Buy" on Menards.com Pacld33 of Page 444 of 464 Design #: 304059166287 Estimate #: 24186 Store: WATERLOO MENARDS Building Information 1. Building Use: Code Exempt 2. Width: 30 ft 3. Length: 40 ft 4. Inside Clear Height: 16 ft 5. Floor Finish: Concrete 6. Floor Thickness: 4 in 7. Post Foundation: Post Embedded 8. Post Embedment Depth: 4 ft 9. Footing Pad Size: 14 in x 4 in Wall Information 1. Post Spacing: 2. Post Type: 3. Girt Type: 4. Exterior Wall Panel: 5. Exterior Wall Color: 6. Trim Color: 7. Gable Accent: 8. Sidewall A Eave Light: 9. Sidewall B Eave Light: 8 ft Columns Flat Pro -Rib White White No None None 10. Wall Fastener Location: In the Flat 11. Bottom Trim: Yes 12. Gradeboard Type: 2x8 Treated Gradeboard Interior Finish 1. Wall Insulation Type: 2. Wall Liner Type: 3. Roof Condensation Control: None None None Post Frame Building Estimate Date: Sep 10, 2023 1:39:29 PM Roof Information 1. Pitch: 2. Truss Spacing: 3. Roof Type: 4. Roof Color: 5. Ridge Options: 6. Roof Fastener Location: 7. Endwall Overhangs: 8. Sidewall Overhangs: 9. Fascia Size: 10. Soffit Color: 11, Skylight Size: 12. Ridge Vent Quantity: 13. Ceiling Liner Type: 14. Purlin Placement: 15. Ceiling Insulation Type: Accessories 1. Outside Closure Strip: 2. Inside Closure Strip: 3. Gable Vent Type: 4. Cupola Size: 5. Gutters: 6. End Cap: 7. Mini Print: 4/12 8 ft Pro -Rib White Universal Ridge Cap On the Rib 1ft 1ft 4 in Fascia White None None None On Edge None Standard Standard None None No No Email Only For other design systems search "Design & Buy" on Menards.com Pac)l of Page 445 of 464 Design #: 304059166287 Estimate #: 24186 Store: WATERLOO Doors & Windows Post Frame Building Estimate Date: Sep 10, 2023 1:39:29 PM Name Service Door Service Door Overhead Door Service Door Size 36"x80" 36"x80" Wall 1-B 1-C 12` x 14' 1-D 36"x80" 1-D Floor type (concrete, dirt, gravel) is NOT included in estimated price. The floor type is used in the calculation of materials needed. Labor, foundation, steel beams, paint, electrical, heating, plumbing, and delivery are also NOT included in estimated price. This is an estimate, It is only for general price information. This is not an offer and there can be no legally binding contract between the parties based on this estimate. The prices stated herein are subject to change depending upon the market conditions, The prices stated on this estimate are not firm for any time period unless specifically written otherwise on this form. The availability of materials is subject to inventory conditions. MENARDS IS NOT RESPONSIBLE FOR ANY LOSS INCURRED BY THE GUEST WHO RELIES ON PRICES SET FORTH HEREIN OR ON THE AVAILABILITY OF ANY MATERIALS STATED HEREIN. All information on this form, other than price, has been provided by the guest and Menards is not responsible for any errors in the information on this estimate, including but not limited to quantity, dimension and quality. Please examine this estimate carefully. MENARDS MAKES NO REPRESENTATIONS, ORAL, WRITTEN OR OTHERWISE THAT THE MATERIALS LISTED ARE SUITABLE FOR ANY PURPOSE BEING CONSIDERED BY THE GUEST. BECAUSE OF WIDE VARIATIONS IN CODES, THERE ARE NO REPRESENTATIONS THAT THE MATERIALS LISTED HEREIN MEET YOUR CODE REQUIREMENTS, THE PLANS AND/OR DESIGNS PROVIDED ARE NOT ENGINEERED. LOCAL CODE OR ZONING REGULATIONS MAY REQUIRE SUCH STRUCTURES TO BE PROFESSIONALLY ENGINEERED AND CERTIFIED PRIOR TO CONSTRUCTION. For other design systems search "Design & Buy" on Menards.com Pag1355 of 7 Page 446 of 464 L z H IN,LaU a3YZi8 i5NVd 1331S 31WMACNa Nr4m03 G? VNm 37,ViIS T1YMOhl3 9xS nld-L I"Il ////J /JJ////// // E` p n z NI1W1d 300 16 Page 447 of 464 2r6 BLOCKING NAILER (1)-EACH - S'OE OF COLUMN BLOCKING 1 /"-2*G BLOCKING NAILER SECU4L RED ro (AN / ROCKING $1TH 30d T.H.S. NAILS 0 12' O.C. (EACH SIDE OE COLUIJN BLOCK!I(G) 12" 12" N-2k6 C£t1TER BLOCK SECURED TO COLUMN WITH 30d T.H.S. NNLS 0 8' 0.C, ENDWALL COLUMN BLOCKING DETAIL ENDWALL COLUMN DLoCKING DETAIL An A, ENGINEERING SERVICES 137i x.Lo ate Lau cum. n 1,7Eq (no n+-seas J 17 Page 448 of 464 G 3NDI3OIff NVVY103 TTFS&QAE3 COO I0 ra �p 0 f' 00 r1 m 1z n 0 z zkl i `•3•rhT'T� 1/4 Z -I IJ > o> yr, z m zA 0 gw p �n CL fl x'7 ' rn m N 3. en SO 2 o0() In g nip m 19 r c Z - H �0 NO 0 •r 0C z n7 18 Page 449 of 464 Midwest Manufacturing Tnlss: P3035 fahName: PF STOCK Gate: 02/16117 ' 12:22:51 Page: 1 of 1 SPAN PITCH QIY OEIL 01111 CANTL CANTR PLYS SPACING WGTJPLY 30.0-0 4 /12 1 0.0-0 0-0-0 04.0 0-0-0 1 96 in 16911.13 3 8-1-14 6-10-2 8-1.14 fi•10 2 8.1-14 ` 15.0•0 —I 7x10- 21-10-2 30-0-0 71 Y O _L. F�518- 4 I." 20281 274 / 12 4 5x10IAS 18- 1 l 1 T 0-E-0 0 6- Grioli5-i8- S 6- 0-0-0 10-5-4 10-5-4 1 19-6-12 30-0-0 All plates show to be Eagle 20 unless otherwise tamed. Loading (psl} TCLL: TABLE TCOL; 4(rake) BCLL: 0 BCOL: 3 General Bldg Code: IBC201V TP11-2014 Rep llbrInc retseNo Lumbar D.O.L.: 11SSe CSI TC: 0.67(4-5) BC: 0,64 (8-1) Web: 0.74(2.8) Deflection Li (too) Allowed Ver1TL: 0,63in L/550 (6-7) L/120 Vend-L: 0.47 in L/743 (6-7) L/ISO Herr1L: 0.21 in 5 I1uanIlUn JT Bra Combs Bra WsdlNigd lsrq Width Mac Rwcr Mao Cray Irp1111 Mar WIn1 Up ill Max maul Mao Hor;r. 1 1 5,5 in 5.98 in 4.706 IN -315 Ike-31511e -3211u 5 1 5.5 in 5.98 in 4,706 Its • -315 Its-3151h; - Eerring wham -era tray be requirai at the following bavings: Erg k Sw Ete,slc Metal 'Bearing Enhancer' derail for s6p.t4ly-af4pccil'sc bmrira block(o) oral i mrcclors: 5 THIS TRUSS AXALY/HD POR THE FOLLOWING LOADING CONDITIONS; CJSL (PSP) TCLL (PSP) TCDL (PSP) BCDL (PSP) TOTAL (PSP) (MAX.) O.C. Spacing EI,C, Purlin Spacing 40 24 4 5 33 9r-0" Sheathed orPurliris at 10-0-0, Purlin design by Others. 50 30 4 5 39 8'-0" Sheathed DrPUrlins at 10-0-0, Rodin dtsigm by Others. 70 40 4 5 39 6'-0" Sheathed orl'urlins at 10-0-0, Purlin design by Others Material TC: SYP 74082.02x 8 BC: SPP 210C/1.82c 6 Web: SPP 02 2 x 4 ex(spl: SPP St.) 2 a 4: 2-8, 4-4 Loads 1) This scab hat h`m do' igrrd for the efforts TABLE pc' grou d 91ow 1014, Ten- in Category 1.15. Unventiiathi. Unobstructed slippery surface. 2)116.;:sus; h a heart duroigrrd for The efiecls Unclosed, C7nblelliip, Risk Gtlogory1, h = 1511, 3) Minintun: dlnragt bilk; Wading has nos hem 4) In acme&rte with IBC 1607.1, minimum 5) This truss if designees as an agricultural bears BCSI-10 for iaclallatinn and lemponry bating. Member Forces Tst.t.Aixxx FC 1-7 0536 .I)589 lit, o f hdarred oral unbalencal slow leads C, Bxpl,uec Catepry Fully p 1f the roof canfignraliun differs of wire] loads in accordance wlh ASCE7 Tod End Zeno Tr735, Both old w 0(ers€dcrei, applied In eceor7U eo with IBC 1607,1 nCU.'sda rat apply, which for the purposes of this program limbs ED,naC>,eaa eu31foc,1103a0eopr.fuze,iffiE:at 7-1 0MS-9,1030e ,pacing TC: Porlir$ m24" CC, Purlindoiign EC: Purling at 12(3" OC, Purlin design far hipVgablei in accordance with ASCE7 1 (CC n 0.9), R€sk Gaugtlry 1 (1 = 0.63), from hip/gable, Bui 11Srg pv12:oe Ehn11 - 10 with the following tsar defined DOL - 1.60 i3 defined as a slrvclure !hat reprcents frctou a.B1 34 ub35 .9.135 IN by Others. by (E.e.r5. - 10 with the tolluwiag w.er de5rel inlul: Thermos Corxlition Unl'.00led (CI •- 1.2), DOL- verify mow lords. ilpul: 105 mph (Fachtrni), Eopaetre C, alma Lanni to pwple and property. Sec ftew). Only foam pens tw lydar vo rk,aalr.dit6H0 5 Obis .10 a95 the 110 ISfi 0.136 967Sa4 (d011011.E 0671 *02See [•371 e<1 31 0010 9,935lit I-i5la�,l�- Web JSI 1 0.95,2 Notes 1) Unless 2) When 3) The ' 4)11013165 5) Wilding 6) Dosign 71 Creep 8) 71,e 9) LI511oJ 2-a 0.739 -2,371 I1c 3-d o.67S 2,735 err 0.a,3,3 0.95,4 0.31e,5 • 0.95,6 holed ulherwise, d0 not color alter lh{s tru5;1'-a; been chosen for gaol iv fabrication allaance for This roof ernes Designer shall verity self weight Designer shall verify *elf weight nssurnes minimum 2r_ (orrticll orientation, bin bran considered in the analysis "SYP' luld strewn in the' \falcrial Summery" wind uplift rtnclions howl an MWCRS 3 6 46% 7.7SS QS 6 0.713 -7,171 Rs - 0.93,7-0.e7,nr919-0.91 any truss member or plate without prior xisumnco inspection, the Double Polygon 150 !; Mg- 1.00). of the buds and other deal Io'4 materials of the Truss and other dead load materials risually gn41W) put lrs a1L,chel of ells hays. ohms indicates tlw new SPUR Only 1cud ing. approval from n Profess6ral Pngineer. Method {fir '5P1 1-200WC1'1p1r 30,111 d3 cal O605 Al TCI)1. 4 pit, tb eel mco.1 BCDL 5 NE Io the7C al plain spring shown with design va1aes eflcolive Inns 1, 2013 were be. .I a1 le1412-10d nuts. ueai. ALL PERSONS FA11R1CATINO, BANT)1.B G, ERECTING OR INSTALLING ANY TRUSS ETASEal UPON THIS TRUSS DESIGN DRAWING ARE INSTRUCTED ID 11E111R TO ALL OPTHU INSTRUCTIONS, LIMITATIONS AND QUALEP!CATIONS SET FORT,! IN THE BAOLE METAL PRODUCT'S DESIGN NOTES ISSUED WITH THIS DESIGN AND AVAILABLE PROM EAGLE UPON R1OQUBST. DIaSEJN VALID ONLY WHEN PAGE, META,. CONNECTORS ARE USED. True[3uild3l Software y5.5,2.253 Eagle Metal Products I73143. 7X 75134 19 Page 450 of 464 IrIII)WEST I7606 212TH s 1. Bloontsfteld, IA 52537 PH: &11 661 3499 Truss: p3Oo 3obNv[r: new pfcods Datc: 1072271E 1312 21 Ptgc l of t SPA)% 30A11 PITCH QTY OFLL 01111 CANEL GANTR PLYS SPACINC3 1WTITIPIN 4 /32 I 0410 0-OI1 0-00 0.0-) I 48 in 141 Lbs 30s1-0 6.0-0 7.i-0 0-0.0 e-0-0 15.940 412 8-0-0 r7 I I 7-0-0 8-0-0 'L2.0.0 30-0-0 5rs - 5v 3,14 1 14-0 01- 14 0 (J-=- O 700 - .�xr,4. rYXY. 3r.4 I 4yi -c *)3rYkf «fx4: re74'.- y 14-0-0 0-0-0 0 0-0 1 0-0 All plates drown lobe Eiile 20 unlesoollio, isc rioted. Loading (psf) TI`IL: 30 Srow;PJPg1:2y5O T1=DL: 4 BCLI.: 0 BCCL: 5 General Bldg Ccrz: IBC2315' TP1 1-1197 Rep hfir lrrreax: No hunter IDOL.: 115 % 22.0-0 30-0-0 CSI Summary 71 : 0A9(2-31 BC: 0.31(6-9) 0Vib: 0.33 (2-5) Deflection LI Hoe) Allowed Vert Ili 903n L/594 (6-7) L727r V'ertLL gin L7549 5 Li369 Hers IL 0 Reardon Summary Erg Combo Ere, Wit, Rod Er.-VV53h T4az React Alan (]raw Uplft ,Size 1,IVVRSUEL•ft MaxCCC Uplift Man UVInt Man I- 1 3`.0 in 92/. 1,424 he - -:r17 ISs -511 roe -511 be 221in ] 3Yii❑ ]VIA 437IN . ] 36.011.1 141A 1,394 be - -sQ' b3 -533 hi -511 he -221bs 1 3Y13a N/A 2420. -143 be -o&s -143 he -3)31M 1 3,:9in 1JA albs -195bs -16Ios -195he-317Jbs 1 3Y7 in 900%. 1,963 bs-3751x, -471 I , -471Abs 1,297Ere l /,60 in 141A 1,0391.s-35011,3 -437 In: -437 be -1,2731bs 7s'Iaterlal Summary TL' SPF02.2n6 BC SPF i'22.2 15ie55 SPF St i 2if 4 Bracing Summary TC Braein I'VE.. at24" 0:.Puda detii aby Caere. EC Bra Cm; 5tis2. or Pa —Poem 30-0-0, Taxan d3, O4.re Loads Summary a Mistrals his been deagr.Sfn-the e{fecrs of balloted and utba/fced:fn.-loads fon h s'gat•lesiaccerdvrzuihASCE7- 10aiio the follecn* wet defined inpin 50 ralgmni wra•lraa T-r-eisCaiegory C, E4wntc Caiespsyrana9y E4ro-ad(Co=1.0),REcCa!egarylQ=O.Ffi), Them al Ctint n VI 6tus(CI =IA), DOI, 1.15. If the f0of con0gtxatim dffetsfremL{'g>_hk.Buie I:bsgrra ,balleer3(y v bads 7: This truss bs Lseeo dodged fcr the efie vs of tthhard, io accadzrrcuiihASCE7. 10 r ih Ea fo3miii gear: &Sued igs: 105 rnph(Fauaed), Fzpviue C, Ercio-ed, GabM-Ep, 2'10 Casagccyf, 11-11=L=209, End Zone Tom Bothu3 websca'2.F1 00L 1-60 3) \lizm'rnderagx.1ic srat.gbasbeen appie3inacrr.kne uiil IH C 1697.1 Member Forces Summary IV1-1 OM-1.4 Fi Its eC Tilts nd.•Yrs: frets, tt) Fa. CS: laare ra,i race, Mn reaps. fated d akrrrl 6ea nrt ant Exrr1 Cny1ro, gle[d lest 0F0I5 ae „,.. is ue: t 4e 2-J 0,798 4,6491it 114 0.798 -1,649 Is 145 0.787 i;th0. 1 W4 29 0111 -] 27-. 99 0.315 -1.274 IS: 4-10 0 331 -1 _74:h 10-6 0.325 43741ts 1 Notes: I) Urksnotd oierw:2q do cot on or ater any trnnmember or pIarewi±xulri:r approval foom a Prefeedono I E.,0zet. 7i Ahic Qmr area has4Yeo de.ged is a Li,*area urn Opd Ann hoe hadand axpsf firm deed bid, oaf tf_e inveder\rriralutb< and relictkali teen&sged tic a 0 id &ad bad 3) Wren d7is inns bas been el.s,aert fn: yaa5ry assuacce kere ba,tie FSfstir,7Lv%r, Calf tLc:16,1 pa TFI 1-20-12/A3.4 rh:2I we./ 4) Btildig L6s4fr di -ill verify :elf urigtr of the truss ar63 ee ce. dca3lea d mteriass 33 rn areed TL'DL4 pet 5) 13 tildig stIf of1ta tons and vier de adcadmaterials do and once- a3B CDT-5 psf. 6)L.* acetone .,rnnienrca_e7(flat re. rdlien,v-nuaL'y gxdrd)pnrlys anarbed torte op ofL' LL'atprEospacig shmla with at leas 2-10,i caws 7)Brace tcrtnm ansfdwifaan: oved d:eaifogK7442'.per Bracing Strain ry S) At kart are uvh of the, trues hie been defIgreiwith a paredrail nets web. ARpulpoils on soh weirs shag be. Ica cr3liter aEyprr[eo.fodic to tie pllr. vide tnns Lateral k2ces41331 be uibn6- of ea rh webpr.] 5) CoeCor.p Las tear c msrra cd a dro gully eb of ibis 0 us= . ID) I•-. ln3L1:ee lateral tracing recNed p00Fecdivar to the pre of tbetNS;]:e04Rrthe. miclisr3(e:e.stoma) ortHrd p5J15(my 1R9), Inacbg try vents. See BC51-B3 for adfn:�rl cram rn. 1I) Din toccgadw,re.acdons ingniybadsaxe, Tecill eau -odors 6othe be.ar'ngto-face stjeiree5, 1;cry need toheoaidacl 17)1304 w:idvo5i7 reac4ms hired en MWVFRS & C&C Loadct 13) Bon orn cl;lyd io tte Open area of &lirtruss meets L9691n-1'nn Iea3 a s)1J240 for taxi !rad daflet&nn,,iota. ekLLPER000s1SFABRICATING, H NDI/N'3,ERECIIIIOORMST:AILIiGANYTRUSSBASE)0912ITHISTRUSSDESIOIID2.A\\1 t3AREBISTRIII.IEl)T9P.24075STOAIi- OP1r1EIfSTRUM IO71•d,LL1.f1LV1101S AND QUALIFICATIONS EEFFO.'00411I711E EAGLE. MEP.1L ra.onue DESION NOT -CS ISSU OWOTIiTiESO2IQI4AO4D MAILABLE FROM EAGLE TON REQUEST D"OSIG1 A5AL1DONLY WHEN EAGLE 1 tLTALC0171 FU(S ARE USED. TtusBuild (' Soft wale v5.5.2.220 E::BIc nLadl Ruiuris Ds! o,)X 75114 20 Page 451 of 464 -4 7‘ •\ 7 < 4 Pi) 21 Page 452 of 464 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name — Business Nanie if Applicable (please print): Address: 413 L , c'.,N, t..,..f Phone: 3 \e\-.L\ cf.)- a -) 3 SS. Fax: City: L../3“\ c 1 U State: Kati.,,, c, Zip: 5 b `1 Email: 6 c.rr ogSem-A c`gs?6 Mc.�.\ b. Status of applicant: (a) Owner }i (�) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): ‘(.11-- 5 Gk o Address L)3 cd. l,J . 1 t ';.r \aw Phone: 31`\-LV\ ' G "l3 Fax: City: e, \olr Stafe: c,.5 c. Zip: 6 U'7 b 3 Email:3 C.1•ro1sc.i.,N-c, ctQt-.:-c Qtr.c•.:\ 2. PROPERTY INFORMATION: a. General location of property to be rezoned: cc. ILAAK b. Legal description of property to be rezoned:5 .e c c:\n.t cvve c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): t`{itcsc.t�✓ d. Area of Proposed Zonin Bound ` y (Excluding Right of Way): q Nt 3 eu ikz e. Current zoning: —[ Requested zoning: f!_, i [.. Zir 1 f- Reason(s) for rezoning and proposed use(s) of property: c.ct, r\ A 5 rv‘ 4., \\ \-c c,, c_\ ; y\ t,, C0tvi at.hy laim"` �v. c c s G.'(flVr(� -' - C�'-e,r\0 } / L�` co(- ICG.\\5LI Conditions (if any) agreed to: g- h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same 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. Signature of Applicant Date Signature of Owner Date 22 Page 453 of 464 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 4, 2023 AGENDA ITEM TITLE An ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith is a request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road, and instruct the City Clerk to publish notice. The applicant is requesting to rezone a 0.74 acre parcel for the future development of industrial uses. The site has an existing home on the property. The home will be demolished to prepare the site for future industrial development. The existing "A-1" Agricultural District zoning allows uses such as agricultural farming, truck gardening, stables, grain elevators, parks, etc. Due to the location and size of this lot, it will be better fit for industrial development. The surrounding area is composed of many industrial -type businesses. The Planning, Programming, and Zoning Commission recommended approval of the request at their regular meeting on October 10, 2023. Therefore, staff recommends that the request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The area will provide another site for industrial or commercial businesses. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood, which mostly consists of industrial development. Page 454 of 464 DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION That part of the East One-half of the Southeast Quarter of Section 32, Township 89 North, Range 13 West of the 5th P.M., in Black Hawk County, Iowa described as follows: Commencing at a point on the East line of Section 32 which is 1,180.5 feet North of the Southeast corner of said Section 32; thence West 200 feet; thence North 200 feet; thence East 200 feet, thence South 200 feet to the point of beginning, except that part conveyed to the City of Waterloo, Iowa in 569 LD 609. ATTACHMENTS 1. Council Packet Page 455 of 464 October 10, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: PUBLIC /OPEN SPACES/ SCHOOLS: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road. City of Waterloo, 715 Mulberry St, Waterloo, IA, 50703. The applicant is requesting to rezone the property in question to be compatible with the surrounding area, which is composed of commercial and industrial uses. The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of industrial development. The request to rezone 1318 Martin Road would not appear to have a negative impact upon pedestrian and traffic conditions in the area. The site will be accessed from Martin Road, which is classified as a Local Street. There are no sidewalks or trails in the nearby vicinity. There are no schools located within the vicinity of the rezone area. The area of the proposed site is currently zoned "A-1" Agricultural District and has been zoned as such since it was rezoned from "U-1" Unclassified on June 15, 1998. Surrounding land uses and zoning are as follows: North — Cardinal Construction, zoned "M-2,P" Planned Industrial District. South — Headwater Wholesale LLC, Denso International America Inc., and other industrial uses zoned "M-2,P" Planned Industrial District. East —O'Neal Steel, zoned "M-1" Light Industrial District. West — Cardinal Construction and vacant land, zoned "M-2,P" Planned Industrial District. 1318 Martin Road Rezone "A-1" to "M-2,P" Pa3Oof 6 Page 456 of 464 October 10, 2023 1.i tf r �R 2• L - ,} are!' votr ' tp F."; ,. —`,.E. # •.!�',. ,.C� I ,.E. fir''.,: Wit` DEVELOPMENT The surrounding development was constructed between 1981 and HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: A drainage plan will be required with the construction of future development. 2022. There is no screening required in relation to this request. 1318 Martin Road Rezone "A-1" to "M-2,P" Pa31of6 Page 457 of 464 October 10, 2023 Picture 1: New commercial buildings to the south of 1318 Martin Road. Picture 2: Cardinal Construction located north of the rezone area. 1318 Martin Road Rezone "A-1" to "M-2,P" Pa32of 6 Page 458 of 464 October 10, 2023 Picture 3: Existing home that will be demolished. Picture 4: Existing Garage 1318 Martin Road Rezone "A-1" to "M-2,P" Pa33of 6 Page 459 of 464 October 10, 2023 FLOODPLAIN: The property is partially located in Zone AE (100 year floodplain) which is a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. Any new construction will be required to meet minimum floodplain requirements. Legend 07/18/11 DFIRM FLOODPLAIN FLOOD_ZONE 02 PCT ANNUAL CHANCE FLOOD HAZARD A AE AO X PROTECTED BY LEVEE 1318 Martin Road Rezone "A-1" to "M-2,P" Pa34of 6 Page 460 of 464 October 10, 2023 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS SUBDIVISION ORDINANCE: There is 4" storm sewer drain tile located under Martin Road. An 8" sanitary sewer line is located to the west of Martin Road south of the site in question. The Future Land Use Map designates this property as Industrial. The proposed land use is in conformance with the Future Land Use Map for this area. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan adopted August 21, 2023. The applicant is requesting to rezone a 0.74 acre parcel for the future development of industrial uses. The site has an existing home on the property. The home will be demolished to prepare the site for future industrial development. The existing "A-1" Agricultural District zoning allows uses such as agriculture farming, truck gardening, stables, grain elevators, parks, etc. Due to the location and size of this lot, it will be better fit for industrial development. The surrounding area is composed of many industrial type business. There were no comments from the Technical Review Committee on this request. There is no platting in relation to this request. STAFF Therefore, staff recommends that the request by the City of Waterloo RECOMMENDATION to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The area will provide another site for industrial or commercial businesses. 1318 Martin Road Rezone "A-1" to "M-2,P" Pa35of 6 Page 461 of 464 City of Waterloo Planning, Programming and Zoning Commission October 1o, 2023 8 PARKHAVEN DR a a Li- J chi MEADOWBROOK LN z MARTIN RD DEVOHIRE DR 1318 Martin Road Rezone from Ai to M2,P City of Waterloo 36 f7...... AG') ..f AI City of Waterloo Planning, Programming and Zoning Commission October 10, 2023 1318 Martin Road Rezone from "Ai" to "M-2,P" City of Waterloo 37 Pnnr- 4RZ of 4R NO' ,p WAT�P 0. o ) T- 0 ` ita...""` ,n0 g• APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name -- Business Name if Applicable (please print): Cifc\ o L)04e1" & AddreSg: '115 IIL, ll,pti� S4— Phone((Jt1,9(1j - ` 6,6 Fax: City: L,.,` leAN1pp J State: iA Zip: )7( 3 Email: b. Status of applicant: (a) Owner )( (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: 1 S6 f 1(6d'j yt ()eta b. Legal description of property to be rezoned: 60 /7k6,44-e 6 to I60 Lt) fku- 4- jai; ' er SQ T *I il 13 �� n Ft- on C 1i,ie, psi'. 010 5 4-1- Is at sr, (or - - - - - - -- - Li+ 4 4- ... ie ) n L P g e. Dimensions of Proposed Zoning Boundary (Ex uding Right of Way): ' lc ! % 569 d. Area of Proposed Zoning Boundary (Excluding Right of Way): (39,00e)SY e. Current zoning: A-1 Requested zoning: li 9 Q f. Reason(s) for rezoning and proposed use(s) of property: /Q4Cti 50 rOtt 04 7p y1 f aal t.l�-e1 ( -£LL1-tire c veto ,?mPs'2- 04 )vt�iuk tts( 1 ,rr-e rnaJ tie -le Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same 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'us'9-by. the Waterloo Planning, Programming, and Zonin'C`on'mission and the Waterloo City Council in m ing:their decision. The undersigned authorize City Zoning Officialsrt6 efter the property in question in -re ga he req e�t. Signature of Applicant P21, 23 Date Signature of Owner 2 2?. 23 Date 38 Page 464 of 464