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Council Packet - 4/15/2024
CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, April 15, 2024 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 630 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, Ward 2 Council Member. Approval of Agenda, as proposed or amended. Approval of Minutes of April 1, 2024, Regular Council Session and Special Session as Page 2 of 630 proposed or amended. 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 setting date of public hearing as May 6, 2024, for an amendment to the FYE 2024 Budget, and instruct the City Clerk to publish notice. 3. Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Municipal Band in the amount of $23,000.00. 4. Resolution approving the award of hotel/motel tax council discretionary funds to the North End Arts and Music Fest in the amount of $5,000.00. 5. Resolution setting date of public hearing as May 6, 2024, to approve the request by the City of Waterloo to rezone approximately 2.17 acres from "M-2" Heavy Industrial District to "C-P" Planned Commercial District, located at 1515 Sycamore Street, to allow for redevelopment of the Rath Administration Building into eighty-seven affordable senior housing units, and instruct the City Clerk to publish notice. 6. Resolution setting date of public hearing as April 29, 2024, to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 to update terms and regulations as they apply to the floodplain regulations, and instruct the City Clerk to publish notice. 7. Resolution setting date of public hearing as May 6, 2024, to approve a request by Cedar Valley Lawn Care for a Site Plan Amendment for a new commercial building in the "C-2" Commercial District and "C-2, C-Z" Conditional Zoning District located south of 4121 Alexandra Drive, and instruct the City Clerk to publish notice. 8. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as May 2, 2024, and date of public hearing as May 6, 2024, in conjunction with the FY 2024 11th Street Railroad Crossing Repair Project, Contract No. 1107, and instruct the City Clerk to publish notice. 9. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as May 2, 2024, and date of public hearing as May 6, 2024, in Page 3 of 630 conjunction with the FY 2024 Rainbow Drive Railroad Crossing Repair Project, Contract No. 1108, and instruct the City Clerk to publish notice. 10. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as May 2, 2024, and date of public hearing as May 6, 2024, in conjunction with the FY 2025 Sidewalk Ramp and Trail Repair Program - Zone 4, Contract No. 1106, and instruct the City Clerk to publish notice. 11. Resolution setting date of public hearing as May 6, 2024, for the sale and conveyance of city -owned property located at 708 W. 3rd Street, in the amount of $1.00, to Iowa Heartland Habitat for Humanity, including approval of a Development Agreement for the construction of a single-family home and a grant of $5,000.00 for infill housing development, and instruct the City Clerk to publish notice. 12. Resolution setting date of public hearing as May 6, 2024, for the sale and conveyance of city -owned property located at 708 W 3rd Street, in the amount of $500.00, to Tramaun Allen, including approval of a Development Agreement for the construction a shed and fence, and instruct the City Clerk to publish notice. 13. Resolution setting date of public hearing as May 6, 2024, for the sale and conveyance of city -owned property located south of 3620 Wagner Road, in the amount of $1.00, to 3 Stooges LLC, including approval of a Development Agreement and Minimum Assessment Agreement with a minimum assessed value of $500,000.00 for the construction of two commercial buildings, and instruct the City Clerk to publish notice. 14. Resolution approving award of bid to Boulder Contracting of Grundy Center, Iowa, in the amount of $53,650.00, approving the contract, bond, and certificate of insurance, in conjunction with the Waterloo Convention Center Parking Ramp Repairs, and authorizing the Mayor and City Clerk to execute said documents. 15. Resolution approving acceptance of improvements of Edison Addition, submitted by Earthworx Civil Solutions, LLC, and performed by Big Hand Pepper, LLC, and file two-year maintenance bond. 16. Resolution approving a variance to lift the truck embargo for the 700 - 1200 blocks of Cedar Bend Street and the 2000 - 2900 blocks of Burton Avenue through December 15, 2024, for the FY 2024 Broadway Street Reconstruction Project, Contract No. 1095. 17. Resolution temporarily lowering the speed limit on Broadway Street from Donald Street to Airport Boulevard from 55 mph to 35 mph for the FY 2024 Broadway Street Reconstruction Project, Contract No. 1095. 18. Motion to approve Final Quantity Summary, Change Order No. 8, with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $248,825.82, in conjunction with the FY 2019 University Avenue Reconstruction - Phase 2 Project, Contract No. 934, and authorizing the Mayor and City Clerk to execute said document. 19. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $8,727,069.83, in conjunction with the FY 2019 University Avenue Reconstruction - Phase 2, Contract No. 934, and receive and file a two-year maintenance bond. Page 4 of 630 20. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Hambly & Sons of Waterloo, Iowa, in the amount of $16,750.00, in conjunction with the CARES Maintenance Terminal Duct Cleaning Project, Project No. 3- 19-0094-048. 21. Motion to approve Change Order No. 2 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $0.00, in conjunction with the Waterloo Convention Center Restroom Renovation Project, and authorizing the Mayor to execute said document. 22. Motion approving Change Order No. 1 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $14,090.05, in conjunction with CARES Maintenance Hangar No. 4 Mold Remediation Project, Project No. 3-19-0094-048, and authorizing the Mayor and City Clerk to execute said document. 23. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peters Construction Corporation, of Waterloo, Iowa, in the amount of $113,032.15, in conjunction with the CARES Maintenance Hangar No. 4 Mold Remediation Project, Project No. 3-19-0094-048. 24. Motion approving Change Order No. 2 with FM Controls, Inc., of Fort Dodge, Iowa, for a net increase of $2,550.00, in conjunction with CARES HVAC Controls Project, Project No. 3-19- 0094-048, and authorizing the Mayor and City Clerk to execute said document. 25. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by FM Controls of Fort Dodge, Iowa in the amount of $141,620.00, in conjunction with the CARES HVAC Controls Project, Project No. AIP 3-19-0094-054. 26. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, in the amount of $164,500.00, in conjunction with the CARES CCTV Project, Project No. 3-19-0094-054. 27. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, in the amount of $46,074.00, in conjunction with the CARES Maintenance Misc. Lighting Project, Project No. 3-19-0094-048-2020. 28. Motion to approve Change Order No. 1 with Lodge Construction, Inc., of Clarksville, Iowa, for a net decrease of $77.00, in conjunction with CARES ARFF Station Parking Project, Project No. 3-19-0094-055, and authorizing the Mayor and City Clerk to execute said document. 29. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $165,992.00, in conjunction with the CARES Pave ARFF Parking Area Project, Project No. 3-19-0094-055. 30. Motion to approve the appointment of Jeff Wolff from the Civil Service List to the position of Combination Inspector II in the Building Department, effective April 29, 2024. 31. Motion to approve the appointment of Tim Troyer from the current Civil Service List to the position of Combination Inspector II, in the Building Department, effective April 29, 2024. Page 5 of 630 32. Motion to approve the appointment of Morganne Kayser to the position of Office Coordinator/Bookkeeper, for the Leisure Services Department, effective April 16, 2024. 33. Motion to approve appointment of Olivia Henke from the current Civil Service List to the position of Engineering Technician in the Engineering Department, effective May 13, 2024, pending pre -employment physical and drug testing. 34. Motion to approve appointment of Carson Lee from the current Civil Service List to the position of Engineering Technician in the Engineering Department, effective May 13, 2024, pending pre -employment physical and drug testing. 35. Motion approving appointment of Nancy Higby to the position of Deputy City Clerk in the City Clerk's Office, effective April 16, 2024. 36. Communication from the Police Department on the notice of the conclusion of employment of Albert Bovy, Police Officer, effective April 1, 2024, with recommendation of approval of payout of $17,833.44 for unused benefits. 37. Motion to receive and file Airport Board minutes of February 28, 2024. 38. Motion to receive and file Leisure Services Commission Board minutes of February 13, 2024. 39. Katy Susong, Board/Commission: Waterloo Airport Board, Expiration Date: June 30, 2024, [New Partial]. 40. Laura Gleissner, Board/Commission: Cultural and Arts Commission, Expiration Date: April 15, 2027, [New]. 41. Liquor Licenses a. Jim's Food, 437 Sullivan Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 4/14/2025. b. HyVee Food Store #1, 2834 Ansborough Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 3/23/2025. c. HyVee Food Store #2, 2181 Logan Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 3/23/2025. d. Lucky Wife Wine Slushies, 1022 Alabar Ave., Special Class C Alcohol w/Sunday Sales (New *5-day) Exp: 5/13/2024. e. Ray's Supermarket, 1975 Franklin St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 3/2/2025. f. Singlespeed Brewing Co., 325 Commercial St., Class C Alcohol w/Sunday Sales and a 1-day extended Outdoor Service (New) Exp: 8/10/2024. g. Waterloo Bucks, 850 Park Rd., Special Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 1/1/2025. h. Elena's Steakhouse, 126 E. Ridgeway, Ste A, Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (New) Exp: 3/31/2025. 42. Motion approving Application for Fireworks Display: Page 6 of 630 a. 6th of July Mayor's Show, Park Avenue Bridge (or) 5th Street Bridge on July 6, 2024, beginning at 9:30 p.m. b. VGM Annual Conference, Lost Island Theme Park on June 11, 2024, beginning at 9:30 p.m. c. My Waterloo Days, Parking Avenue Parking Ramp on June 8, 2024, beginning at 9:30 p.m. 43. Exception to Burning Yard Waste Application by Hawkeye Community College to burn prairie grasses on around the main HCC campus located at 1501 E. Orange Rd, between April 8 and May 10, 2024 from 9:00 a.m. to 5:30 p.m. 44. Bonds. PUBLIC HEARINGS 1. Approval of FY 2025 budget for the budget year ending June 30, 2025. 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 approving the FY2025 budget including total property tax askings of $53,138,500 and a levy rate of $22.08917 for the budget year ending June 30, 2025. Submitted by: Bridgett Wood, Finance Director 2. 2024-2026 Waste Water Treatment Plant and Lagoon Mowing/Spraying Contract. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. Resolution approving award of bid to Adams Outdoor Contracting of Waterloo, Iowa in the amount of Option A Mowing: $14,367.84; Weed Control $4,995.98, Option B Mowing: $2,375,88; Weed Control $2,400.00, Option C: $11,310.00, approving the contract, bonds, and certificate of insurance, in conjunction with the 2024-2026 Waste Water Treatment Plant and Lagoon Mowing/Spraying Contract, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Randy Bennett, Public Works Division Manager 3. 2024-2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract for city -owned lots generally maintained by the Planning and Zoning Department. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids and refer to the Planning and Page 7 of 630 Zoning Department for review. Submitted by: Noel Anderson, Community Planning and Development Director 4. Sale and conveyance of city -owned property located at 1515 Sycamore Street in the amount of $1.00, including a Development Agreement with Gearheart Moore Holdings, LLC. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of city -owned property located at 1515 Sycamore Street to Gearheart Moore Holdings, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement with Gearheart Moore Holdings, LLC, with grant payment of each six-month property tax installment, less $5,000.00 for each installment for a period of fifteen years, infill housing incentive of $5,000.00 per unit, and cooperation from the City for the company securing a $1,500,000.00 state Brownfield/Grayfield Tax Credit, for the renovation of the former Rath Administration Building, with a minimum assessed value of $1,335,410.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. Sale and conveyance of approximately 93.7 acres of city -owned property located east of 4342 Ansborough Avenue at the southeast corner of Ansborough Avenue and Highway 20 interchange, in the amount of $1.00, including a Development Agreement with PWM Companies, LLC, and rescinding Resolution 2023-658 in its entirety. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of city -owned property located east of 4342 Ansborough Avenue at the southeast corner of Ansborough Avenue and Highway 20 to PWM Companies, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with PWM Companies, LLC, for the development of approximately 93.7 acres of city -owned property, rescind Resolution 2023- 658 in its entirety, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving an agreement with Recollect Software of Portland, Oregon, in the amount of $36,446.60 for the first year and $31,446.60 for subsequent years two and three of a thirty -six-month contract, for the Sanitation Department, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 2. Resolution establishing a Residential Handicap Parking Policy. Page 8 of 630 Submitted by: Mohammad Elahi, Traffic Operations Director 3. Resolution approving an Iowa Department of Transportation Federal -Aid Agreement for Transportation Alternatives Program (TAP) Project funds, in conjunction with the FY 2024 La Porte Road Improvements, Phase I, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 4. Resolution approving an agreement with 3-GIS LLC, for Fiber Optic Network Asset Management Software, in the amount of $111,850.00 over three years, in conjunction with the FY 2024 Fiber Optic Network Asset Management RFP, Contract No. 1098, and authorizing the Mayor and Telecommunications Director to execute said document. Submitted by: Chris Youngblut, Information Services Director 5. Resolution approving a Permanent and Temporary Easement Agreement for $1,785.87 with Dustin L. Greiman and Amber M. Greiman, related to the construction of a sanitary sewer along East Orange Road, located northeast of 6101 Kimball Avenue between Kimball Avenue and Highway 21, and authorizing Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution accepting a Public Sidewalk Easement from the Waterloo Community School District to allow for the placement of a public sidewalk along Western Avenue on school - owned property, located at 1115 West 5th Street (Irving Elementary School). Submitted by: Noel Anderson, Community Planning and Development Director 7. Resolution to approve an Amendment to the Development Agreement with LG Companies, LLC, originally executed on April 21, 2021, in conjunction with the development of property located near 1012 Fletcher Avenue, to allow LG Companies, LLC to construct drainage improvements across and beneath adjacent city property, approve reimbursement for one- half of the cost, $1,600.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 8. Resolution for a phased Development and Minimum Assessment Agreement with Short Enterprises, LLC, and Daniel M. Williams, to construct two forty -foot by one hundred eighty - foot mini -storage buildings, with a minimum assessed value of $525,570.00, and property tax rebates of fifty percent for five years, located west of 1250 West Airline Highway, in the East Waterloo Unified TIF District, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 9. Resolution approving a Professional Services Agreement with HDR Engineering, Inc., of Omaha, Nebraska, in the amount of $7,788.00, in conjunction with the Roundabout Traffic Analysis for Hammond Avenue and E. Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Mohammad Elahi, Traffic Operations Director Page 9 of 630 10. Resolution approving Supplemental Agreement No. 1 with Entrust Solutions Group (Magellan), of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber -to - the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer ORDINANCES 1. An ordinance amending the City of Waterloo Traffic Code by adding Subsection (80b) Nancy Road to Section 553, No Parking Here to Corner. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Traffic Code, by adding Subsection (80b) Nancy Road, No parking on the East side of the 800 block in a southerly direction from Rachael Street, to section 553, No Parking Here to Corner. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt the ordinance. Submitted by: Randy Bennett, Public Works Division Manager 2. An ordinance amending the City of Waterloo Traffic Code section 552, No Parking Between Signs, Rachael Street. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Traffic Code, by deleting subsection (16) Rachael Street to section 552, No Parking Between Signs, in its entirety, and inserting in lieu thereof a new subsection (16) Rachael Street to section 552, No Parking Between Signs as follows: Subsection (16) Rachael Street, North side in the 300 and 400 blocks; and North side in the 400 and 500 block. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt the ordinance. Submitted by: Mohammad Elahi, Traffic Operations Director 3. An ordinance amending the City of Waterloo Code of Ordinances by repealing Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, is hereby repealed and a new Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, and enacting in lieu thereof a new Section 7. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, is hereby repealed and a new Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, and enacting in lieu thereof a new Section 7. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Page 10 of 630 Submitted by: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 11 of 630 April 1, 2024 Special Session Harold E. Getty Council Chambers Roll Call. Members present: Mayor Pro Tem Ray Feuss in the Chair. Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Simon and Mr. Feuss. Ms. Wilder was absent. Approval of Agenda as proposed or amended. Boesen/Chiles that the agenda, as proposed, be approved. Voice vote -Ayes: Six. Motion carried. PUBLIC HEARINGS Hearing on Proposed Property Taxation for FY2025. Boesen/Chiles to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor Pro Tem called for written and oral comments. Glenn Anderkay, 316 Prospect Blvd., commented that he is opposed to the increase in taxes and said that the City of Waterloo needs to focus on improving the school system and student performance. Forest Dillavou, 1725 Huntington Road, commented that workers at John Deere are being laid off and the cost of living is high. He shared that the city should not take money out of TIF for development, it should release funds out of TIF for property tax relief. He encouraged the council to hold the cost down for taxpayers. Craig Loffredo, 1128 Ridgemont Road, shared that he received the letter and saw that his property taxes went up over 20 percent and requested clarification of the numbers shown in the letter. Bridgett Wood, Finance Director, explained the the tax listed in the letter is a dollar amount and not a percentage. Boesen/Nichols to close the hearing and receive and file oral comments. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT Boesen/Nichols Page 1 of 2 Page 12 of 630 that the council adjourn at 4:42 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 2 of 2 Page 13 of 630 April 1, 2024 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, April 1, 2024. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Simon, Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance - Kelley Felchle, City Clerk. Approval of Agenda as proposed or amended. Feuss/Nichols that the agenda, as proposed or amended, be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of March 18, 2024, Regular Session, as proposed or amended. Feuss/Nichols that the minutes of March 18, 2024, Regular Session, as proposed, be approved. Voice vote - Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. LC Smith, 416 Oliver Street, Michael Blackwell, 5125 Millenium Drive, Cedar Falls and Larry Stumme, 1008 Lois Lane. Feuss/Wilder to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Feuss/Nichols that the following items on the consent agenda be received and placed on file, including payment of bills for March 25, 2024, in the amount of $4,555,090.13, and April 1, 2024, in the amount of $1,509,411.78. Roll Call vote -Ayes: Seven. 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. 2024-164. Page 1 of 9 Page 14 of 630 Resolution approving a request by Natasha Lash for tax exemptions on the construction of a new twin home unit valued at $269,900.00, for property located at 4148 Omaha Avenue, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2024-165. Resolution setting date of public hearing as April 15, 2024, to approve the FY 2025 budget, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-166. Resolution setting the date of public hearing as April 15, 2024, for the sale and conveyance of City -owned property to Gearheart Moore Holdings, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement for renovation of the former Rath Administration Building, and instruction the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-167. Resolution setting date of public hearing as April 15, 2024, for the sale and conveyance of approximately 93.7 acres of city -owned property to PWM Companies, LLC, in the amount of $1.00, including a Development Agreement, with a grant schedule for reimbursement of infrastructure improvements, located east of 4342 Ansborough Avenue at the southeast corner of the Ansborough Avenue and Highway 20 Interchange, for the construction of commercial buildings, rescinding Resolution 2023-658, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-168. Resolution setting date of public hearing as May 6, 2024, to approve proposed repairs, in conjunction with the FY 2025 Sidewalk Inspection and Repair Program — Zone 4, and approve a request to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-169. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 18, 2024, and date of public hearing as May 6, 2024, in conjunction with the FY 2025 Levee Rip Rap Spraying Project, Contract No. 1104, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-170. Resolution approving award of bid to Aspro, Inc., of Waterloo, Iowa, in the amount of $3,819,933.40, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2024 Asphalt Overlay Program, Contract No. 1099, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2024-171. Resolution approving an application from the City of Waterloo, Iowa, to the Black Hawk Metropolitan Planning Organization, for a Carbon Reduction Program funding grant for the North Elk Run Road Widening project. Resolution adopted and upon approval by Mayor assigned No. 2024-172. Page 2 of 9 Page 15 of 630 Resolution approving submission of an application to the Black Hawk County Metropolitan Area Transportation Policy Board for Surface Transportation Block Grant Program Funding Grant application, in the amount of $1,702,458.00, in conjunction with the Ridgeway Avenue and Hammond Avenue Intersection Roundabout Project. Resolution adopted and upon approval by Mayor assigned No. 2024-173. Resolution approving submission of the Iowa Grade Crossing Surface Repair Fund application, along with the Iowa Northern Railway, to the Iowa Department of Transportation, in conjunction with the 11th Street Railroad Crossing Surface Repair Project, with the City being responsible for the cost of traffic control and twenty -percent of the construction cost, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2024-174. Resolution approving a grant award with HUD, Office of Lead Hazard Control and Healthy Homes, in the amount of $1,999,991.00, in conjunction with Community Development, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2024-175. Motion to approve Change Order No. 11 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $72,112.07, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 1 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $6,038.00, in conjunction with the Waterloo Convention Center Restroom Renovation Project, and authorizing the Mayor to execute said document. Motion approving the appointment of Kyle Frost from the current Civil Service List to the position of Sewer Maintenance Worker in the Waste Management Services Department, effective April 2, 2024, pending pre -employment physical and drug testing. Communication from the Police Department on the notice of the conclusion of employment of Mitchell McGee, Police Officer, effective March 15, 2024, with recommendation of approval of payout of $16,982.38 for unused benefits. Communication from the Waste Management Services Department on the notice of the conclusion of employment of Howard Brooks, Waste Water Operator, effective March 21, 2024, with recommendation of approval of payout of $1,827.60 for unused benefits. Exception to Burning Yard Waste Application by William Beck to burn invasive grass species on Page 3 of 9 Page 16 of 630 a former pasture located at 1994 Newell, between August 15 and October 15, 2024. Motion to receive and file Community Development minutes of March 19, 2024. Liquor Licenses a. Hometown Foods, 1010 E Mitchell Avenue, Class E Alcohol w/Sunday Sales (Renewal) Exp: 4/30/2025. b. Mughal, Inc., 735 Logan Avenue, Class E Alcohol w/Sunday Sales (Renewal) Exp: 4/23/2025. PUBLIC HEARINGS 2025-2026 Complaint mowing with complaint snow removal. Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Feuss/Nichols to close the hearing. Voice vote -Ayes: Seven. Motion carried. Feuss/Nichols Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-176. Feuss/Nichols to receive, file, and instruct the City Clerk to read the bids. Voice vote -Ayes: Seven. Motion carried. Engineer's Estimate: $65,000.00; Alt. A (Vacant Lots) Price per occurrence; Alt. B (Dilapidated Structures) Price per occurrence; Alt. C (Complaint Properties) Price per man hour; Alt. D (Snow Removal Complaint Properties) Price per man hour P&J Lawn Care, Waterloo, IA - 5% security - Bid: Alt. A: $1,700.00; Alt. B: $1,700.00; Alt. C: $65.00; Alt. D: $110.00 Adams Outdoor Contracting, Inc., Waterloo, IA 5% security - Bid: Alt. A: $2,699.00; Alt. B: $2,699.00; Alt. C: $299.96; Alt. D: $145.75 Page 4 of 9 Page 17 of 630 Feuss/Nichols Resolution approving award of bid to P&J Lawn Care of Waterloo, Iowa Option A: $1,700.00, Option B: $1,700.00 per occurrence, Option C: $65.00 per man-hour, and Option D: $110.00 per man-hour, approving the contracts, bonds, and certificates of insurance, in conjunction with the FY 20245-2026 Complaint Mowing with Complaint Snow Removal Contracts, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-177. RESOLUTIONS Resolution approving a Professional Service Agreement with Invision of Waterloo, Iowa, in the amount of $65,000.00, in conjunction with the Public Market Renovations Project, and authorizing the Mayor to execute said document. Nichols/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-178. David Dryer, 3145 W. 4th Street, questioned what is needed to make this building habitable. Noel Anderson, Community Planning and Development Director, shared that improvements are needed to the HVAC unit. Resolution approving a Development and Minimum Assessment Agreement with River Plaza Investments, LLC, for renovation of an existing commercial building into no less than 56 residential units with a $5,000.00 infill housing incentive per unit, having a minimum assessed value of $6,730,000.00, with rebates of fifty percent for ten years, located at 10 West 4th Street, in the Downtown TIF District, and authorizing the Mayor and City Clerk to execute said document. Nichols/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-179. Forest Dillavou, 1725 Huntington Road, questioned if the residential housing units would be paying taxes to the general fund. Noel Anderson, Community Planning and Development Director, provided an overview of the agenda item. Mr. Boesen commented that the city needs to reconsider parking requirements in C-3 zoning districts downtown. Resolution approving a Professional Services Agreement with HR Green, in an amount not to exceed $125,500.00, to perform professional consulting services as a qualified environmental professional to assist with the management and implementation of a CERCLA Section 104(K) Cleanup Grant from the Environmental Protection Agency pertaining to environmental cleanup of former Rath buildings at 1442 Sycamore Street, and authorizing the Mayor to execute said document. Page 5 of 9 Page 18 of 630 Nichols/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-180. David Dryer, 3145 W. 4th Street, questioned why this is our responsibility since we just sold the property. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Resolution approving an Amendment to the Development Agreement with Waterloo Development Corporation, originally executed September 5, 2023, amending the anticipated budget from $2,895,704.00 to $3,163,958.50 in section 6 and the grant maximum amount from $2,695,704.00 to $2,963,958.50, and authorizing Mayor and City Clerk to execute said documents. Boesen/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-181. Resolution approving an Amendment to the Development Agreement with FDP WTC, LLC, originally executed January 11, 2016, to change the assessed value to $8,000,000.00, forgive interest payments during the pandemic, and authorizing the Mayor and City Clerk to execute said document. Boesen/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-182. Resolution approving the Real Property Charitable Donation Agreement with FDP WTC, LLC for approximately 2.25 acres within the Techworks Campus, and authorizing Mayor and City Clerk to execute said document. Boesen/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-183. Resolution approving the Cost -Share Grant Contract with the Iowa Department of Agriculture and Land Stewardship, for the Water Quality Initiative Program grant amount of $400,000.00, in conjunction with the FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract No. 1062, and authorizing the Mayor and City Clerk to execute said document. Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-184. Resolution approving Supplemental Agreement No. 1, with AECOM, of Waterloo, Iowa, in the amount of $49,500.00, in conjunction with the FY 2024 Martin Luther King Jr. Drive Wetland A Restoration Project, Contract No. 1109, and authorizing the Mayor and City Clerk to execute said document. Page 6 of 9 Page 19 of 630 Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-185. Resolution approving a Professional Services Agreement Amendment No. 1, with HR Green, in the amount not to exceed $84,000.00, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document. Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-186. Mr. Simon questioned if item 7 would help with water runoff concerns. Jamie Knutson, City Engineer, provided an overview of the project. Mr. Simon questioned the estimated time frame. Jamie Knutson commented it could be from one month to six months depending on property acquisitions. Mr. Boesen complimented the staff for an extremely well written grant. Resolution approving Supplemental Agreement No. 1 with Entrust Solutions Group (Magellan), of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. Feuss/Boesen to postpone the resolution to our next meeting. Voice vote -Ayes: Seven. Motion carried. Resolution approving Supplemental Agreement No. 9 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, originally executed October 10, 2016, in an amount not to exceed $9,000.00, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek Project, Contract No. 922, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-187. Resolution approving Sourcewell Contract No. 020221-SAM with SamSara Software of San Francisco, California, in the amount of $13,572.50 for the first year, and payments thereafter of $13,432.50 annually for a 36-month term, in conjunction with fleet tracking software for the Public Works Street Department, and authorizing the Mayor to execute said document. Boesen/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-188. Page 7 of 9 Page 20 of 630 David Dryer, 3145 W. 4th Street, questioned if this would include all city vehicles. Randy Bennett, Public Works Division Manager, provided an overview of the item. Resolution Approving Distribution of Preliminary Official Statement for $5,280,000* General Obligation Capital Loan Notes, Series 2024B; $720,000* Taxable General Obligation Capital Loan Notes, Series 2024C; and $20,000,000* General Obligation Capital Loan Notes, Series 2024D (*Dollar Amounts Subject to Change). Boesen/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-189. Resolution accepting a Professional Services Proposal from Advanced Environmental Testing and Abatement, Inc., in the amount of $13,490.00, for asbestos removal in the northeast section of the library, and authorizing the Mayor to execute said document. Nichols/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-190. Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement originally executed on March 20, 2023, with AECOM Technical Services of Waterloo, Iowa, in an amount not to exceed $21,000.00, in conjunction with conceptual design and visual renderings of proposed improvements at Riverfront Stadium, and authorizing the Mayor to execute said documents. Nichols/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-191. ORDINANCES An ordinance amending the payment of fees under the Rental Housing Code. Feuss/Nichols to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Subsection 5A(2), Payment of Fees, of Chapter 7, Rental Housing, Title 9, Building Regulations, and amending Subsection 6A(2) of Chapter 7, Rental Housing, Title 9 Building Regulations. Roll Call vote -Ayes: Seven. Motion carried. Feuss/Nichols to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried. Feuss/Nichols to receive, file, consider, and pass for the second and third times and adopt said ordinance. Roll Call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor Page 8 of 9 Page 21 of 630 assigned No. 5755. OTHER COUNCIL BUSINESS Hearing and Order Assessing Civil Penalty to the Snack Shack, 4335 Texas Street, Waterloo, Iowa 50702, for sale of tobacco to minor violation -first offense. Motion to open the hearing. Motion to close the hearing. Motion to approve an order assessing civil penalty to the Snack Shack, 4335 Texas Street, Waterloo, Iowa 50702, for sale of tobacco to minor violation -first offense. Feuss/Nichols to open the public hearing. Voice vote -Ayes: Seven. Motion carried. Martin Petersen, City Attorney, provided background on this motion. Feuss/Nichols to close the public hearing. Voice vote -Ayes: Seven. Motion carried. Feuss/Nichols to approve an order assessing a civil penalty to the Snack Shack, 4335 Texas Street, Waterloo, Iowa 50702, for the sale of tobacco to minor violation -first offense. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT Feuss/Simon that the council adjourn at 6:24 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 9 of 9 Page 22 of 630 NOTICE OF PUBLIC HEARING - AMENDMENT OF CURRENT BUDGET City of WATERLOO Fiscal Year July 1, 2023 - June 30, 2024 The City of WATERLOO will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2024 Meeting Date/Time: 5/6/2024 05:30 PM Contact: Bridgett Wood Phone: (319) 291-4323 Meeting Location: City Hall - Council Chambers 715 Mulberry St Waterloo, IA 50703 There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above. A detailed statement of: additional receipts, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be available at the hearing. Budget amendments are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult https://dom.iowa.gov/local-gov-appeals. REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 45,178,924 0 45,178,924 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 45,178,924 0 45,178,924 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 13,065,256 0 13,065,256 Other City Taxes 6 20,546,255 1,300,000 21,846,255 Licenses & Permits 7 1,524,035 7,911 1,531,946 Use of Money & Property 8 1,883,200 339,490 2,222,690 Intergovernmental 9 49,477,110 9,548,881 59,025,991 Charges for Service 10 37,447,343 1,547,373 38,994,716 Special Assessments 11 308,000 0 308,000 Miscellaneous 12 10,555,889 3,330,308 13,886,197 Other Financing Sources 13 41,406,000 98,995 41,504,995 Transfers In 14 36,327,805 308,090 36,635,895 Total Revenues & Other Sources 15 257,719,817 16,481,048 274,200,865 EXPENDITURES & OTHER FINANCING USES Public Safety 16 41,365,846 1,960,554 43,326,400 Public Works 17 35,240,701 3,378,019 38,618,720 Health and Social Services 18 366,250 14,630 380,880 Culture and Recreation 19 13,088,276 595,789 13,684,065 Community and Economic Development 20 21,151,678 2,637,256 23,788,934 General Government 21 12,124,184 2,403,473 14,527,657 Debt Service 22 14,678,350 0 14,678,350 Capital Projects 23 52,403,483 8,395,511 60,798,994 Total Government Activities Expenditures 24 190,418,768 19,385,232 209,804,000 Business Type/Enterprise 25 61,065,823 840,326 61,906,149 Total Gov Activities & Business Expenditures 26 251,484,591 20,225,558 271,710,149 Transfers Out 27 36,327,805 308,090 36,635,895 Total Expenditures/Transfers Out 28 287,812,396 20,533,648 308,346,044 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 -30,092,579 -4,052,600 -34,145,179 Beginning Fund Balance July 1, 2023 30 128,428,659 0 128,428,659 Ending Fund Balance June 30, 2024 31 98,336,080 -4,052,600 94,283,480 Explanation of Changes: To budget for additional grant funds received and spent, health insurance expense, anticipated capital projects expense, including those funded with donations, grants and tax increment revenue. 04/12/2024 02:10 PM Paae 1 of 1 Page 23 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department AGENDA ITEM TITLE MEETING DATE April 15, 2024 Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Municipal Band in the amount of $23,000.00. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Waterloo Municipal Band has submitted an application for a Hotel -Motel Discretionary Funds Grant requesting $23,000.00 to support their upcoming 2024 municipal band season. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 2024 Hotel Motel Discretionary Application Page 24 of 630 2. Tax exempt 3. w9 Page 25 of 630 City Council Discretionary Hotel -Motel Grant Application Waterloo, Iowa The City Waterloo Iowa is offering grants to non-profit entities for projects and community events that support tourism, our quality of life and which bring people to the downtown. These grant funds are made possible through the hotel/motel tax funds received by the City of Waterloo. By city ordinance 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. If you are interested in applying for funding please complete the application. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Municipal Band Name of facility/project Summer band concert season (eight concerts) Contact person Julie Anderson Email jannra56@gmail.com Address of organization or person completing application: Street 4308 Granite Ridge Rd City Cedar Falls State Iowa Zip 50613 Phone 319-239-3686 Fax: 2. What is the mission of your organization? The Waterloo Municipal Band celebrates the tradition of community bands by engaging local musicians to present an annual series of free outdoor public band performances within Waterloo, Iowa and by facilitating other musical events throughout the Cedar Valley. The tentative 2024 season will include concerts on June 6 - Concert Opener June 13 - Flag Retirement Ceremony with American Legion June 20 - TBA June 27 - Special Tribute to Bill Shepherd former conductor Page 26 of 630 July 3 - Patriotic Tribute (note Wed. Concert due to holiday) July 11 - TBA July 18 - Iowa Trombones, guest artistes July 25 - Irish Fest Tribute 3. How long has your organization been in existence? Band was established in 1926 4. How many staff members and/or volunteers are involved in this organization and the project? Two librarians, 8 board members, One personnel manager, conductors, 48 band members 5. Please indicate all the categories that your projects supports: Category 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life 6. Please provide a detailed statement of how your project fits into one or more of the above listed 4 categories? Through its efforts the Waterloo Municipal Band - promotes appreciation for band music among a diverse public; - provides opportunities for local musicians to perform professionally; - supports economic development by bringing people downtown; - supports quality of life by providing entertaining and educational music programs; - encourages a sense of community and civic pride. The Waterloo Municipal Band is committed to enhance the life of our community through our outdoor concert series. Page 27 of 630 Our project will continue to promote the arts in our community by providing an annual series of free outdoor public band performances We invite guest artists within our community to perform. We connect with other organizations in our concert series. i.e. Waterloo Legion, Iowa Trombones, Cedar Falls Symphony, Iowa Irish Fest, etc. 7. If your project has or will continue for more than one year, please explain your plans for financial sustainability? Because the concerts are free for all audience members, no money is generated. In Iowa, Municipal/community concert bands are funded by cities. 8. Give an estimate of how you plan to measure the success of the project: — The size and growth of our audience measures our success. — The enthusiasm within the community for our concerts. — The involvement and commitment of our band members. 9. Describe specifically how the proposed project will be marketed. Newspaper announcements, electric signboards, posters, public announcements, website, Facebook. For our 2024 season we are planning to focus on our social media presence. Our goal is to increase our community interest through Facebook, instagram, website and other social media sites. 10. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. (See budget summary below) There are no additional funding sources other than an occasional small donation; most individual donations are less than $20. The hotel/motel tax grant is the main budget income source. 11. Please include in your submitted materials: • Tax exempt status 501 C 3 is attached • W-9 form 12. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Detail if your intended goals for the project were met? • Detail how the funds were spent? Page 28 of 630 ************************************************************************************* BUDGET SUMMARY: Total Project Cost 8 concerts at a cost of approximately $2650/concert 48 players per concert @ $50 per player 1 conductor @ $250 $ 21, 200.00 Rehearsal/concert space at Waterloo Center for the Arts $ 1,000.00 Includes set up and tear down for each concert and office space Purchase and upgrade of equipment/music $ 1,000.0 In -Kind Services Hotel/Motel Tax Grant Request $ -0- $ 23,200.00 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Grant Funds from the City of Waterloo. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel/Motel Tax Grant funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, know full and well that if this program/project does not transpire, recommendation by the Waterloo City Council funding will be withdrawn. My organization will be responsible for refunding any portion of funds already received. Julie Anderson February 8, 2024 Julie Anderson, president 02/08/2024 Signature of Applicant Date Page 29 of 630 Waterloo Community Concert Band E I N: 42-1423453 I Waterloo, Iowa, United States Publication 78 Data Organizations eligible to receive tax --deductible charitable contributions. Users may rely on this list in determining deductibility of their contributions. On Publication 78 Data List: Yes Deductibility Code: PC 0 Form 990-N (e-Postcard} Organizations who have filed a 990-N (e-Postcard: annual electronic notice. Most small organizations that receive Less than $50,000 fall into this category. A Tax Year 2021 Form 990-N (e-Postcard) Tax Period: 2021(OW1. 2021-108f31{2022) EIN: 42-1423453 Organization Name (Doing Business as): WATERLOO COMMUNITY CONCERT BAND Mailing Address: 225 Commercial Street Waterloo, IA 50701 United States Principal Officer's Name and Address: Bard Mackey 225 Commercial Street Waterloo, IA 50701 United States Gross receipts not greater than: $50,000 Organization hasterm:nated: No Webslte URL: www.waterloobandia.org V Tax Year 2020 Form 990-N (e-Postcard) v Tax Year 2019 Form 990-N (e-Postcard) v Tax Year 2018 Form 990-N (e-Postcard) v Tax Year 2017 Form 990-N (e-postcard) Page 30 of 630 Form W-9Request (Rev. November2017) Department of the Treasury Internal Revenue Service for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Waterloo Community Concert Band 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 4 Exemptions certain entities, instructions Exempt payee Exemption code (if any) (Applies to accounts (codes apply only to not individuals; see on page 3): code (if any) • Individual/sole proprietor or • C Corporation • S Corporation • Partnership . Trust/estate single -member LLC company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) appropriate box in the line above for the tax classification of the single -member owner. is classified as a single -member LLC that is disregarded from the owner unless the owner is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single from the owner should check the appropriate box for the tax classification of its owner. ► ► . Limited liability Note: Check the LLC if the LLC another LLC that is disregarded IS Other (see instructions) from FATCA reporting Do not check of the LLC is -member LLC that maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 225 Commercial Street Requester's name and address (optional) 6 City, state, and ZIP code Waterloo, IA 50701 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Social security number or Employer identification number 4 2 1 4 2 3 4 5 3 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Here Signature of U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) Page 31 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving the award of hotel/motel tax council discretionary funds to the North End Arts and Music Fest in the amount of $5,000.00. 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. North End Arts & Music Fest - H/M Application Page 32 of 630 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization North End Cultural Center, Inc. Name of facility/project North End Arts and Music Fest Contact person R. Allen Hays Email aIlen.hays[a uni.edu Address of organization or person completing application: Street PO Box 2761 City Waterloo State IA Zip 50704 Phone 319-266-8406 Fax: 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. The purpose of the North End Music and Arts Festival is to revive artistic interest and activity in the northeast neighborhoods of Waterloo, Iowa, an area that has been traditionally disadvantaged but which, nonetheless, has a rich history in the visual arts and in music. This has traditionally been an area in which new immigrants to the community could settle and create their own unique communities. This was certainly true of African Page 33 of 630 Americans, who began moving to Waterloo in significant numbers during and after World War I. Racial segregation concentrated them in a small area of the northeast side, but within that area they created a rich cultural and community life. For example, the African American chapter of the Elks Club hosted concerts by many famous jazz musicians, including Duke Ellington and Louis Armstrong. More recently, Latinx immigrants have placed their unique stamp upon the community. This community currently suffers from ongoing economic deprivation and periodic violence. The legacy of racism for many people of color is a lack of confidence in their own capacities and the capacities of their community. The purpose of the North End Music and Arts Fest is to create a sense of pride, excitement and confidence in this community by highlighting its cultural roots and showcasing its current artistic achievement. As an established yearly event, it not only contributes to this new confidence in the community but also brings favorable attention to the community's accomplishments within the metropolitan area and within the state. The Festival was held for the first time on September 26, 2009, on the grounds of Jubilee United Methodist Church at 4"' and Newell Streets. Since then, the Fest has continued to grow and to attract quality artists. We have demonstrated that we can attract quality performers to the North End Arts Fest, and we have substantially increased our audience from the 2009 through 2023, with total attendance in the range of 1,500 to 2,000. For the past three years, we have also sponsored a community parade and coordinated with the annual drum corps competition. This has increased our attendance substantially. 3. What is the mission of your organization? The mission of the North End Cultural Center, Inc. is to restore pride in the diverse cultures on Waterloo's North End, by showcasing the artistic gifts and talents of its residents. 4. How long has your organization been in existence? 15 years 5. How many staff members and/or volunteers are involved in this organization and the project? The organizing committee has approximately 10 members. We anticipate that about 15- 20 more volunteers will assist with the actual event. We pay a modest stipend to our performance coordinator and our parade coordinator, but there are no other paid staff members. Page 34 of 630 6. Please indicate all the categories that your projects supports: ❑ Category 1 — Supports tourism and heads on beds x Category 2 -- Supports and assists community events ❑ Category 3 — Brings people downtown x Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. We plan to hold the Thirteenth Annual North End Arts and Music Fest on Saturday, July 13, 2024, in Ferguson Field Park in east Waterloo. We will also continue to coordinate the Fest with a community parade and drill team competition. KBBG has sponsored this parade in the past but we took over management of it in 2021. The parade enables drill teams to provide excellent public performances, prior to their participation in a competition later that day. It enables local organizations to showcase themselves, and it provides a great feeder into the Fest. The parade will start at 10 AM on the 13th, ending at Ferguson Field at about 11:30 AM, just before the fest starts at Noon. For the past two years, we have established a collaboration with the Gallagher Bluedorn Performing Arts Center at UNI, as part of their community outreach efforts. They have provided us with the stage and sound at no cost and will continue to do so in 2024 The Fest has become a regular and important cultural feature of the community. Thus, it fits into Category 2. This year, we will continue our policy of selecting several locally prominent performers, each of whom has his or her own following, rather than have a single headliner. There will also be multiple opportunities for music, poetry, and dance from North End youth and amateur adults. In addition to musical and spoken word performances on stage, local painters and other visual artists are provided the opportunity to display and sell their wares. By providing positive activities and a positive image for the North End, it definitely supports Category 4, improving the quality of life. The physical location of the event is in or close to downtown Waterloo. This makes it likely that attendees will pass through the downtown area and patronize restaurants. Thus, the activity supports Category 3. Over the past 5 years, we have increased our emphasis on youth activities. We have a number of performers under 18, including middle school kids who have completed the summer Hip Hop Literacy Program which is also operated by the North End Cultural Page 35 of 630 Center, Inc. The program uses hip hop writing and performance to teach literacy skills and each year the kids perform their creations at the Fest. We also have performances by local drum corps and we feature a range of visual arts activities for youth, in partnership with the Youth Art Team. We have also encouraged more community organizations and businesses to provide booths and displays. In this way, they are able to present their services and products to the community. 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. We have been successful in attracting support from area businesses and local foundations. We will continue to seek support from those donors. We will also solicit donations from individuals and recognize them for different levels of financial support. Our website is already set up to solicit such donations. This year we will be supported by the Community Foundation. We believe that it is important for this to be a free event, so that it will be open to as many in the community as possible. Therefore, ongoing public support will be necessary to make the festival a success. 9. Give an estimate of how you plan to measure the success of the project. As we have done in previous years, we will conduct an extensive de -briefing and evaluation of the event by committee members. We will seek feedback from both artists and audience members. Since we want to preserve it as a free event, we cannot use ticket sales to track attendance, but we will establish a counting procedure to give us a clear idea of how successful we are in increasing attendance in 2022. As just noted, the parade is an excellent feeder for the event. We also measure our performance by the increasing diversity and breadth of community participation. We continue to reach out to new individual and group performers who are contributing their artistic visions to our community. Finally, it should be noted that we have received very favorable media coverage for previous events, and we will continue to strive for extensive and favorable publicity. 10. Describe specifically how the proposed project will be marketed. Print media Waterloo/Cedar Falls Courier Des Moines Register Pulse Magazine Web media Travel Iowa.com Page 36 of 630 easterniowatourism.org waterloocvb.org uni.edu North End Arts and Music Fest website Electronic media Radio -KOEL, KUNI Television - PSAs and advance news coverage on KWWL, KGAN, and KCRG, Presentations on Waterloo and Cedar Falls local access channels plus PSAs on other channels. Other media Yard signs Billboards Posters (local and statewide) Participation in local events My Waterloo Days Sturgis Falls Juneteenth Celebration Word of mouth — presentations at churches, other civic organizations, community and neighborhood meetings. In addition to the above, we plan targeted outreach to organizations in other communities who are interested in cultural affairs and diversity. Recruiting one or two performers from other communities (while preserving the essentially local character of the performances) could help build an out of town audience for the event. Page 37 of 630 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Item Waterloo Hotel/Motel Discretionary Grant Request Community Foundation and Other Support Total Artists $3,300 $2700 $6,000 Coordinator $1,500 $1,500 Sound equipment and technicians 0 In Kind by Gallagher Bluedorn Stage and generators In Kind by Gallagher Bluedorn Sanitation $500 $500 Visual Arts Expenses $1,000 $1,000 Tent and equipment rental $ 1200 $1200 Kids activities $500 $500 Parade expenses $1000 $1000 Event insurance $300 $300 Miscellaneous production expenses $1000 $1,000 Brochures and posters (design and printing) $1000 $1,000 Newspaper/radio ads/Billboards $500 $400 $500 Social Media $400 Totals $5,000 $9900 $14,900 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. Page 38 of 630 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx*xxxxxxxxxxxxxxxxd:xxxxXx*Xxxxxxxxxxxxxxxxxxxxxxxxxxxxx BUDGET SUMMARY: Total Project Cost $ 14,900 Additional Funding Sources $ 9,900 In -Kind Services $ Hotel/Motel Tax Grant Request $ 5,000 Please note: Additional Funding Sources, In -Kind Services and hotel/Motel Tax Grant Request inns? equal Total Project Cost. I have reviewed this Application for• Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. ft /.at.)-1 Signature of Applicant Date Page 39 of 630 Form -'9 (Rev. December 2014) Department ol the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. North End Cultural Center, Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: [ndividuaVsole or a C Corporation ii S Corporation p ❑ Trust/estate ❑proprietor ❑ p ❑ Partnership single -member LLC R Limited liability Enter the S=S P=partnorship) ► 4 Exemptions (codes apply only to certain entities, not individuals; see Instructions on page 3): Exempt payee code (if any) company. tax classification (C=C corporation, corporation, Note. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box In the line above for the fax classification of the single -member owner. Exemption from FATCA reporting code (if any) ❑ Other (see instructions) ► WPp!ks roscccunrsma'nrOle doufsMe the us1 5 Address {number, street, and apt. or suite no.) PO Box 2761 Requester's name and address (optional) 6 City, state, and ZIP code Waterloo IA 50704 7 List account numbers) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid 1 social security number backup withholding. For individuals, this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a - - TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. or Employer identification number 4 6 1 0 6 7 1 0 7 Part Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. Sign Here Signature of U.S. person ,ry U.Sperson Y. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release It) is at www.frs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) Date ► /11 7z02-`-/ • Foidn 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. 1f you do rrof return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S, trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev, 12-2014) Page 40 of 630 MttHAII WitiRuv bk 42015 IWITtt /4ti CULTURAL CENTER INC Y6 tAViD 11 kN8ON to, 829 Idihk Mt:tit; TA 50613 DEPARTMT OV THN TIWASM Kmployet Jitflk i fat tiilNumborl 46-1061101 OliNt 1105328470S01A Cbt1tat2L Peet:kW-it MITCHM p VITELE Contact Telephone Numhort (811) 82t,00 Accounting Period Ending! December 31 Public charity Eitatus 110(b)(1)cA)(vA) FOttl 990 qoquited! NoPs Effective Date of Exemption October 8, 2010 contlJbotibn Deductibility! Yes Addehdum Appliest No 100 :31360 Apphtanti i@ dEe Pibbtd Lb ilifbrit ybti that uptin review oe your application it tAX !Kehipt SEAEUS Wo h&ve determined that tn.1 are eompt ftom VederAl incomo tax 501(t)(1) of the internal Revenue tode, Contributions tc, you ar ledUeibit Under section IVO of the Code, You art aLtie qualitiod to v000lve A);,tuEib1e beiluests, devises) ttanbfers di' it undtt Mt?.(2Lidll 2055, n(q- il§ Of the Code, nocause this lcter could hoip rvklto Any quogrinti yoUr eriApt. 8taLIA) ybU should keep it in your pemantnt tkrdq, tibhsexempt under ithUh1ic publiccharities order the section SOA(t)(3) of the code 'cleo furtho.r (21,1t@bih0 or private fuundatiohu. We det,o,rminod thakt you Aee Cdde section(s) listed in the heading uf thib qedbi4 bee enclosed PUblitation 4221-0C) Compliative Outdo L H.ti (1) Publa fdt bin O helpful information about yout responst1iiIitAo(4 AA fth kL tittahltation. Page 41 of 630 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 April 15, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as May 6, 2024, to approve the request by the City of Waterloo to rezone approximately 2.17 acres from "M-2" Heavy Industrial District to "C-P" Planned Commercial District, located at 1515 Sycamore Street, to allow for redevelopment of the Rath Administration Building into eighty-seven affordable senior housing units, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone a 2.17 acre parcel to "C-P" Planned Commercial District to allow for 80 new affordable senior housing units in the former Rath Administration Building. The "C-P" zoning will be compatible with the existing commercial and industrial properties surrounding the site. The Rath Administration Building is listed on the National Register of Historic Places. Redevelopment of the site will be beneficial for the City of Waterloo, as the old, dilapidated structure will be used to help seniors have affordable housing and would save the historic structure from demolition. Rezoning the land to a Planned Commercial District is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the redeveloped sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition to residential sites is done in a way that is beneficial to their homes and businesses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The "C-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any changes to the development would require to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high -quality development that this is proposed to be rezoned. Page 42 of 630 Senior housing requires 1 parking space for every 2 units plus 5 spaces per every 40 units or part therefore, so with the proposed 87 units, 50 parking spaces would be required. The site has an existing parking area that will hold at least 36 parking spaces. It is not yet clear if the developers propose to reconstruct or expand the parking area. The Planning, Programming, and Zoning Commission will make a recommendation on this request at their regular meeting on April 9, 2024. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood. The use will be a good addition to the area which currently consists of the Human Services Campus, the Cedar Valley Fish Market, Veridian Credit Union and other commercial and industrial uses. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 1 through 12, Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; and all of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Council Packet Page 43 of 630 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: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: April 9, 2024 Request by the City of Waterloo to rezone approximately 2.17 acres from "M-2" Heavy Industrial District to "C-P" Planned Commercial District in order to allow for redevelopment of the Rath Administration Building into up to 87 affordable senior housing units located at 1515 Sycamore Street. City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. The applicant is requesting to rezone the property in question to allow for the building to be redeveloped into up to 87 new affordable senior housing units. The request would not appear to have a negative impact on the surrounding neighborhood. The use will be a good addition to the area which currently consists of the Human Services Campus, the Cedar Valley Fish Market, Veridian Credit Union and other commercial and industrial uses. The request to rezone the site in question would not appear to have a negative impact upon pedestrian and traffic conditions in the area. The site is surrounded by Lafayette Street, which is classified as a collector street and Elm Street, Division Street, and Sycamore Street, which are classified as local streets. There are sidewalks surrounding the development along all streets. Highland Elementary School is located approximately 0.92 miles to the northeast and Expo Alternative High School is located approximately 0.93 miles to the northeast of the site in question. East High School is approximately 0.7 miles to the northwest of the site. The Human Services Campus to the north was constructed between 2010 and 2012. The other commercial and industrial development in the area was built between 1926 and 1999. There is no screening required in relation to this request. A drainage report including detention will need to be submitted with a site plan to the Engineering Department. The property is located within Zone X (Protected by Levee) which is not 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. 1515 Sycamore St Rezone "M-2" to "C-P" Page 1 of 5 Page 44 of 630 April 9, 2024 Picture 1: Existing Rath Building. Picture 2: Looking east at current parking lot. 1515 Sycamore St Rezone "M-2" to "C-P" Page 2 of 5 Page 45 of 630 April 9, 2024 Picture 3: Looking northeast from the Rath Administration building. Picture 4: Front of Rath Administration Building. 1515 Sycamore St Rezone "M-2" to "C-P" Page 3 of 5 Page 46 of 630 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS ZONING ORDINANCE: April 9, 2024 A 30" sanitary sewer is located within Elm Street and a 15" sanitary sewer line is located within Lafayette Street. A 4" drain tile for storm sewer and an 8" sanitary sewer line are located within Sycamore Street. A 15' electrical easement is located on the subject property for an overhead power line. The area of the proposed site is currently zoned "M-2" Heavy Industrial District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Waterloo Women's Center for Change, Northeast Iowa Food Bank, and Operation Threshold, zoned "M-2" Heavy Industrial District. South — Crystal Distribution and vacant building, zoned "M-1" Light Industrial District. East — Cedar Valley Fish Market, zoned "M-2" Heavy Industrial District. West —C&A Transport, zoned "M-1" Light Industrial District and "M-2" Heavy Industrial District. The Future Land Use Map designates this property as Industrial. The proposed land use is not in conformance with the Future Land Use Map for this area. However, the Future Land Use Map is to be used as a guide in making land use decisions. 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 2.17 acre parcel to "C-P" Planned Commercial District to allow for up to 87 new affordable senior housing units in the former Rath Administration Building. The "C-P" zoning will be compatible with the existing commercial and industrial properties surrounding the site. The Rath Administration Building is listed on the National Register of Historic Places. Redevelopment of the site will be beneficial for the City of Waterloo, as the old, dilapidated structure will be used to help seniors have affordable housing and would save the historic structure from demolition. Rezoning the land to a Planned Commercial District is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the redeveloped sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition to residential sites is done in a way that is beneficial to their homes and businesses. 1515 Sycamore St Rezone "M-2" to "C-P" Page 4 of 5 Page 47 of 630 TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS SUBDIVISION ORDINANCE: STAFF RECOMMENDATION April 9, 2024 These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The "C-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any changes to the development would require to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high -quality development that this is proposed to be rezoned. Senior housing requires 1 parking space for every 2 units plus 5 spaces per every 40 units or part therefore, so with the proposed 87 units, 54 parking spaces would be required. The site has an existing parking area that will hold at least 36 parking spaces. It is not yet clear if the developers propose to reconstruct or expand the parking area. The Engineering Department noted that a site plan with drainage shown will need to be reviewed. The Building Department stated building plans will be needed. Weliver explained the building will likely need to be sprinkled and will need to meet all other fire and building codes. There is no platting in relation to this request. Therefore, staff recommends that the request by the City of Waterloo to rezone approximately 2.17 acres from "M-2" Heavy Industrial District to "C-P" Planned Residence District in order to allow for redevelopment of the Rath Administration Building into up to 87 affordable senior housing units located at 1515 Sycamore 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. 3. The request would bring 80 new affordable senior housing units to Waterloo. And subject to the following condition: 1. That the following site plan meets all applicable city codes, regulations, etc. including but not limited to parking, landscaping, drainage, etc. 1515 Sycamore St Rezone "M-2" to "C-P" Page 5 of 5 Page 48 of 630 City of Waterloo Planning, Programming and Zoning Commission April 9, 2024 2-z DANE ST C-2 6 </) I ti G)—> >--ROBYLN - c) a ¢ Z wU co — m—c m ALMOND ST—, PINE ST C=2� C-2;C-Z / N. ti --BERTCH AVE -O o R-3 0 co ONEIDA ST-2 co U LIME ST C=2C-ZZ M-1 VINE ST WILLISTONI AVE'C_2 — }— 1218 0) p FOREST AVE w cr HAWTHORNE AVE � O 1 a) W R-2 11. oo _'3 i o g ¢ Q R-2-C Z Cr Z LIB IRTYAVE 1 O PATTON AVE O -2- 0 it co Lu O = ¢ 1- ¢ CO z m 1-- cn =� U . WILLOW ST cIS=R-3 Lid 1.1 R'3 ro ALBANY ST f 1THER KING; JR. DR �C-2 l 'DOUGLAS ST -rio I ,MP J� — GLEN WOODST sy BYRONAVE -Co- 1— co GLENNYAVE z0 ¢ coUW ZQ-2 II ¢ C-1 I MADISONST— R=1I1, ` 1 ' MONROE ST—Jr R-P R-2rC Z R-2,C-2—POLE ST R=3 i �J� I c M -1 SOUTH VIEW DR— R-2 NORTHF 0 cc 11.1 O J INDEPENDENCE AVE' I0 m o0 o n MArc OB, R-3 Ef.QE)k)R z CD z 0) 0) S.) •4WJRADR C,1, C-Z -SHULTZ ST1 R=2;C-Z M-1 k W II co W •PROSPECT AVE ¢ I I z _Q I-ALTA VISTA AVE Or7 ct co O 2 M-1 M `FOWLER ST 7 C_Z C-2 C-2,C-Z FREN H ST -2 1515 Sycamore Street Rezone from "M-2" to "R-4, R-P" City of Waterloo AA L ron City of Waterloo Planning, Programming and Zoning Commission April 9, 2024 1515 Sycamore Street Rezone from "M-2" to "R-4,R-P" City of Waterloo rnnr -n of IC; 6/11/2022 2:53:15 PM POSSIBLE ADDITION OF EXIT UNIT 1 660 SF i UNIT 3 651 SF UNIT 2 855 SF uuuy�uuuuuuuuuuuuuuu 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNIT 4 800 SF n UNIT 5A 669 SF ALTERNATE: COMBINE FOR POTENTIAL TYPE "B" UNIT Community Room 520 SF 1111- Fitness \ 390 SF Mgmt. 305 SF VV/\\\\\\V VVVVVVVVVVV VVVVVVVVVVV2/2V UNIT 20 786 SF (SUB -STANDARD) UNIT 21 625 SF J UNIT 19 640 SF MV UNIT 7 872 SF UNIT 5B 626 SF UNIT 6 627 SF 1 1 1 1 1 1 1 1 A A UNIT 8 648 SF UNIT 9 648 SF UNIT 10 630 SF UNIT 14 614 SF UNIT 15 606 SF CDLOWER LEVEL "B" 1/16" = 1'-0" n n n n AAAAAA A. A. UNIT 27 894 SF > LLJ UNIT 28 664 SF UNIT 11 679 SF UNIT 12 653 SF UNIT 13 630 SF COMMON USE 732 SF OR POTENTIAL UNIT UNIT 29 800 SF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNIT 30 800 SF UNIT 34 800 SF 111•1m UNIT 31 625 SF UNIT 32A 800 SF Igr ler Igr rIgr Igr Igr UNIT 32B 661 SF UNIT 33 625 SF UNIT 35 800SF UNIT 36 800 SF MAIN LEVEL "B" 1/16" = 1'-0" nnnnnnnn UNIT 16 866 SF UNIT 18 800 SF E2 UNIT17 603 SF (SUB -STD.) UNIT 22 625 SF UNIT 23 800 SF UNIT 24 800 SF STOR. 242 SF UNIT 37 625 SF 1 1 UNIT "79" 440 SF (STUDIO) UNIT 26 661 SF UNIT 26 626 SF UNIT 25 661 SF UNIT 42 800 SF UNIT 38 846 SF UNIT 39 849 SF UNIT 41 800 SF UNIT 40 625 SF UNIT 39B 632 SF UNIT 46 847 SF UNIT 43 800 SF r UNIT 44 625 SF UNIT 45 625 SF UNIT 47 661 SF UNIT 49 626 SF 1 UNIT 50 661 SF FLOOR PLAN YIELD STUDY 'B' AREA TYPE LEGEND HORIZONTAL CIRCULATION 1 BD/1 BA VERTICAL CIRCULATION AMENITY 2 BD/1 BA STUDIO UNITS TYPE "A" UNITS TYPE "B" UNITS LOWER LEVEL 1 BD/1 BA UNITS 2 BD/1 BA UNITS 660 SF 651 SF 648 SF 648 SF 630 SF 614 SF 606 SF 679 SF 653 SF 630 SF 640 SF 625 SF 625 SF 603 SF 661 SF 626 SF 661 SF 669 SF 626 SF 627 SF FLOOR TOTAL: 12,782 SF AVG.: 639.1 SF MAIN LEVEL 855 SF 800 SF 872 SF 786SF 800 SF 800 SF 800 SF 866 SF FLOOR TOTAL: 6,579 SF -20 UNITS AVG.: 822.4 SF -8 UNITS 1 BD/1 BA UNITS 2 BD/1 BA UNITS 664 SF 625 SF 661 SF 625 SF 625 SF 632 SF 625 SF 625 SF 625 SF 661 SF 626 SF 661 SF FLOOR TOTAL: 7,655 SF AVG.: 637.9 SF -12 UNITS STUDIO UNITS 440 SF-1 UNIT FLOOR TOTAL: 440 SF AVG.: 440.0 SF GRAND TOTALS 894 SF 800 SF 800 SF 800 SF 800 SF 800 SF 800 SF 847 SF 846 SF 849 SF 800 SF 800 SF 800 SF FLOOR TOTAL: 10,636 SF AVG.: 818.2 SF 1BD/1BA UNITS GRAND TOTAL (ALL FLOORS): 42 UNITS GRAND TOTAL (ALL FLOORS): 26,665 SF AVG. (ALL FLOORS): 634.9 SF 2BD/1BA UNITS GRAND TOTAL: 43 UNITS GRAND TOTAL: 35,015 SF AVG.: 814.3 SF *NOTE: (2) STUDIO UNITS NOT INCLUDED IN CALCULATION; TOTAL UNIT COUNT INCLUDING STUDIO UNITS IS 87. -13 UNITS REGISTERED TRADE NAME OF INTELLIGENT LINE A+D, LLC 0 � U O CD LO U W CV = �U u) CO Os Uq ( X Z LLI Y NG REDEVELOPMENT 0 J ISSUE DATE NO CALEB BULAND, ARCHITECT I MO 2009005509 XXXCX JOB NO. FLOOR PLAN YIELD STUDY "B"- LOWER LEVEL & MAIN LEVEL A3 © COPYRIGHT EXACT ARCHITECTS, LLC 2015 Page 51 of 630 6/11/2022 2:53:15 PM UNIT 51 800 SF UNIT 53 800 SF UNIT 52 800 SF X X X X X Amenity UNIT 54 800 SF UNIT 55A e 625 SF UNIT 55B 622 SF UNIT 56 800 SF LE IEE UNIT 57 800 SF Amenity XXXXX X 1 4 i r UNIT 58 800 SF SECOND FLOOR "B" 1/16" = 1'-0" (X®XXX\ \ \ / /XXXXX UNIT 75 800 SF UNIT 76 800 SF UNIT 77 630 SF UNIT 79 928 SF XXXXXXXXXXXXXX> UNIT 62 625 SF UNIT 61 602 SF (SUB -STD.) UNIT 63 440 SF (STUDIO) ; v vvvXXXXXXXXXXXXXXXXXXXXXX UNIT 69 800 SF UNIT 68 625 SF VVXXXI X IX1 Y`1 fl UNIT 60 800 SF UNIT 64 885 SF UNIT 59A 625 SF UNIT 59B 625 SF UNIT 61 614 SF (SUB -STD.) UNIT 65 800 SF UNIT 67 800 SF UNIT 66 625 SF UNIT 70 797 SF X UNIT 71 800 SF UNIT 72 800 SF UNIT 75 751 SF (SUB -STD.) UNIT 78 >< 856 SF >< UNIT 74 783 SF (SUB -STD.) UNIT 73 800 SF d THIRD FLOOR "B" 1/16" = 1'-0" FLOOR PLAN YIELD STUDY 'B' AREA TYPE LEGEND HORIZONTAL CIRCULATION 1 BD/1 BA TYPE "A" UNITS SECOND LEVEL VERTICAL CIRCULATION 2 BD/1 BA TYPE "B" UNITS AMENITY STUDIO UNITS 1 BD/1 BA UNITS 625 SF 622 SF 602 SF 625 SF 625 SF 625 SF 614 SF 625 SF 625 SF FLOOR TOTAL: 5,588 SF AVG.: 620.9 SF -9 UNITS STUDIO UNITS 440 SF 1 UNIT FLOOR TOTAL: 440 SF AVG.: 440.0 SF THIRD LEVEL 2 BD/1 BA UNITS 800 SF 800 SF 800 SF 800 SF 800 SF 800 SF 800 SF 800 SF 885 SF 800 SF 800 SF 800 SF 797 SF 800 SF 800 SF 800 SF 783 SF 751 SF FLOOR TOTAL: 14,416 SF AVG.: 800.9 SF 18 UNITS 1 BD/1 BA UNITS 2 BD/1 BA UNITS 630 SF 1 UNIT FLOOR TOTAL: 630 SF AVG.: 630.0 SF 800 SF 800 SF 856 SF 928 SF FLOOR TOTAL: 3,384 SF AVG.: 846.0 SF -4 UNITS REGISTERED TRADE NAME OF INTELLIGENT LINE A+D, LLC NG REDEVELOPMENT 0 J ISSUE DATE NO CALEB BULAND, ARCHITECT I MO 2009005509 0( JOB NO. FLOOR PLAN YIELD STUDY "B"- 2ND & 3RD LEVEL A4 0 © COPYRIGHT EXACT ARCHITECTS, LLC 2015 Page 52 of 630 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): Ci lc tthke Chl) Addrds : 7/ I �Gtl r r `� S Phone: (3l9 91)-116 Fax: City: Lattedco State: VA Zip: 5(1703 Email: b. Status of applicant: (a) Owner )X (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: 15 ) �c161 y (fe b. Legal description of property to be rezoned: e. AMi- i`c Yi rl_O{e,") )-) o. (3) d i all all oir 0119 'In NA 11 c. e. f. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): Area of Proposed Zoning Boundary (Excluding Right of Way): 9, 17 Current zoning: Al -R Requested zoning: _ Reas9n(s) for rezoning and proposed use(s) of property: 7() , I tl f2le �tJ 1/ i 0 y ��o e tz3i i'1CJj t u; 5 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 (5750 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 PIanning, 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 at If information on this request and submitted along i 's true and correct. All information submitted will . used : Waterloo Planning, Programming, and Zoni and the Waterloo City Cou r eir de4on. he undersigned authorize Ci oninthe property in ques '.n in regds to 1, e requ Signature of Appli Signature of Owner Date Page 53 of 630 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 April 15, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as April 29, 2024, to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 to update terms and regulations as they apply to the floodplain regulations, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the Zoning Ordinance that will update terms, definitions, and regulations as they apply to the floodplain regulations to make them meet DNR minimum requirements, which a community must adopt to be compliant and remain a participating member in the National Flood Insurance Program. FEMA has prepared a new set of floodplain maps for Black Hawk County, including all jurisdictions within Black Hawk County. The new floodplain maps will become effective May 8, 2024, and FEMA requires that the community adopt the new maps and updated regulations prior to the effective date to remain program compliant. NEIGHBORHOOD IMPACT The regulations are minimum requirements from FEMA and the DNR and will keep the community compliant with and remain a participating member in the National Flood Insurance Program (NFIP). Not being a participating member in the NFIP would mean the city would not be eligible for Public Assistance funding after a disaster, and property owners would not be alible to purchase flood insurance under the NFIP. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning, Programming, and Zoning Commission will hold a public hearing on the amendment on April 9th, and the Council will hold a public hearing on May 6th. SOURCE OF EXPENDITURES Page 54 of 630 N/A ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Zoning amendments (floodplain) 04-09-24 final draft Page 55 of 630 CITY OF ktj L WATERLOO Planning & Zoning MEMORANDUM 715 Mulberry St, Waterloo, IA 50703 0 Phone: (319) 291-4366 t. CITYOFWATERLOOIOWA.COM To: Planning, Programming and Zoning Commission From: Aric A. Schroeder, City Planner Date: 3/25/24 RE: Proposed Zoning Ordinance Amendment: Floodplain Regulations and Map. Staff is proposing an amendment to the Zoning Ordinance that will update terms and definitions as they apply to the floodplain regulations to make the regulations compliance with the DNR Model Ordinance, which are the minimum requirements that a community must adopt to be compliant and remain a participating member in the National Flood Insurance Program. FEMA has prepared a new set of floodplain maps for Black Hawk County, including all jurisdictions within Black Hawk County. The new floodplain maps will become effective May 8, 2024, and FEMA requires that the community adopt the map and updated regulations prior to the effective date to remain program compliant. Please let Planning staff know if you have any questions or need any additional information regarding the proposed amendment. Amendment to the City of Waterloo Zoning Ordinance Changes and Updates to the City of Waterloo Zoning Ordinance to refer to the new floodplain maps, and to make changes to the floodplain requirements to meet minimum floodplain require- ments provided by FEMA and the IDNR, including: - Section 10-3-1 Definitions, editing and adding definitions to meet minimum floodplain re- quirements - Section 10-4-5 Establishment of Official Flood Plain Zoning Map, adding proper reference to the new floodplain maps and the map effective date of May 8, 2024. - Section 10-22-2(C) Floodway Performance Standards, changes to meet minimum floodplain re- quirements - Section 10-23-3 Floodway Fringe District, changes to meet minimum floodplain requirements - Section 10-22-4(B) General Floodplain District Conditional Uses, changes to meet minimum floodplain regulations - Section 10-22-5(A) Shallow Flooding District Permitted Uses, changing word "use" to "develop- ment" to meet minimum floodplain requirements. - Section 10-22-5(B) Shallow Flooding District Performance Standards, changes to meet minimum floodplain requirements - Section 10-30-1(B) Flood Plain Development Permit, changes to meet minimum floodplain re- quirements - Section 10-33-1 Information to be Obtained or Maintained, changes to meet minimum floodplain requirements Ordinance No. Amending Ordinance No. 5079 Planning and Zoning Commission Hearing: City Council Approval: Page 57 of 630 CHAPTER 1 TITLE AND PURPOSE 10-1-1 TITLE AND PURPOSE. CHAPTER 1 TITLE AND PURPOSE [Ordinance 3196, 2/22/82] 10-1-1 TITLE AND PURPOSE. A. Title. This Ordinance shall be known and may be cited and referred to as the "Zoning Ordi- nance" of the City of Waterloo, Iowa. B. Purpose. The purpose of this Ordinance shall be to promote the health, safety, morals, order, convenience, prosperity and general welfare; to conserve and protect the value of property throughout the City and to encourage the most appropriate use of land; to lessen con- gestion in the streets; to prevent the over- crowding of land; to avoid undue concentra- tion of population; and to facilitate the ade- quate provision of transportation, water, sewerage, schools, parks and other public requirements. C. Authority. This Ordinance is adopted in accordance with the City of Waterloo Comprehensive Plan, as amended, and as permitted and spe- cifically authorized in Chapter 414, City Zon- ing, Code of Iowa, as amended. CHAPTER 2 INTERPRETATION OF STANDARDS 10-2-1 INTERPRETATION OF STANDARDS. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes. Where provisions or requirements of this Ordinance conflict, the most restrictive provision or requirements applies, unless otherwise specified. 10-2-2 INTERPRETATION PERTAINING TO FLOOD PLAIN MANAGEMENT. [Ordinance 3487, 6/15/87] In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes. Where provisions or requirements of this Ordinance conflict, the most restrictive provision or requirement applies, unless oth- erwise specified. [Ordinance 5049, 6/20/11] CHAPTER 3 DEFINITIONS [Ordinance 3175, 12/14/81] [Ordinance 3378, 12/17/84] 10-3-1 DEFINITIONS. For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural and the plural number includes the singular; the word "shall" is mandatory, the word "may" is permissive; and the word "person" includes a firm, association, organi- zation, partnership, trust, company, or corpo- ration as well as an individual; the words "used" or "occupied" include the words in- tended, designed, or arranged to be used or occupied. The word "lot" includes the words plot or parcel. 1 Page 58 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Abutting: Having property or district lines in common, adjoining. [Ordinance 5417, 8/28/17] Accessory Structure: A structure located on the same lot with the principal use or principal structure, occupied by or devoted to an accessory use, or on an abutting vacant lot when legally combined to the lot with the principal use or principal structure with a recorded restrictive covenant. Where an ac- cessory structure is attached to the principal structure in a substantial manner, as by a wall or roof, such accessory structure shall be considered part of the principal structure, and subject to all yard requirements con- tained herein. Accessory Use: A use customarily inci- dental and subordinate to the principal use or structure and located on the same lot there- with. In no case shall such accessory use dominate, in area, extent, or purpose the principal lawful use or structure. Actuarial Rates: Or "risk premium rates" are those rates established by the Administra- tor pursuant to individual community stud- ies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the accepted actuari- al principles. Actuarial rates include provi- sions for operating costs and allowances. Adjacent: Nearby, not distant, may or may not have common property or district lines. Adult Businesses/Adult Uses: [Ordinance 3642, 5/1/89] The following definitions shall govern the interpretation of the regulations of adult uses. 1. Adult book or video store. An estab- lishment having twenty-five (25) per- cent or more of the retail floor space presently being used by said business or twenty-five (25) percent or more of the gross business income derived from or attributable to printed matter, pictures, slides, records, audio tapes, video tapes or motion picture films, which are distinguished or character- ized by an emphasis on matter depict- ing, describing or relating to "speci- fied sexual activities" or "specified anatomical areas," as hereinafter de- fined. A building or portion thereof, that engages in the renting, selling, presen- tation, publication, or distribution of adult products as described herein shall not publicly display such mate- rials and/or products so that they are described, displayed, visible, or ad- vertised from the exterior of the build- ing if said use is to be operated as a non -adult book or video store with less than twenty-five (25) percent of floor space/ gross income as described herein. 2. Adult cabaret. Any establishment which excludes minors by virtue of age wherein the entertainment is dis- tinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified ana- tomical areas." 3. Adult conversation parlor. Any estab- lishment which excludes minors by reason of age and which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or char- acterized by an emphasis on "speci- fied sexual activities" or "specified anatomical areas." 4. Adult health/sport club. A health/sport club which excludes mi- nors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual ac- tivities" or "specified anatomical are- as." 2 Page 59 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 5. Adult massage parlor. A massage par- lor which restricts minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "speci- fied anatomical areas." 6. Adult mini -motion picture theater. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or descrip- tion of "specified sexual activities" or "specified anatomical areas" for ob- servation by patrons therein. 7. Adult motion picture theater. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such build- ing or portion of a building as a pre- vailing practice excludes minors by virtue of age, or if such material is dis- tinguished or characterized by an emphasis on the depiction or descrip- tion of "specified sexual activities" or "specified anatomical areas" for ob- servation by patrons therein. 8. Adult steam room/bathhouse facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the pur- pose of pleasure, bathing, relaxation, reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a build- ing restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distin- guished or characterized by an em- phasis on "specified sexual activities" or "specified anatomical areas." 9. Adult uses. Adult uses include, but are not limited to, adult book and video stores, adult motion picture theaters, adult mini -motion picture theaters, adult massage parlors, adult steam room/bathhouse facilities, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, and other premises, enterprises, busi- nesses, private clubs/establishments or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified ana- tomical areas" which are capable of being seen by members of the public. No adult use shall display, describe or make visible from the exterior of the premises any product, medium of communication, or activity that de- picts or describes "specified sexual ac- tivities" or "specified anatomical are- as." 10. Protected uses. Protected uses as here- in defined. 11. "Specified anatomical areas" shall in- clude the following: a. Less than completely and opaque- ly covered: (a) human genitals, (b) pubic region; (c) buttock, and (d) female breast below a point im- mediately above the top of the areola; and b. Human male genitals in a discern- ible rigid state even if completely and opaquely covered. 12. "Specified sexual activities" shall in- clude the following: a. Human genitals in a state of sexu- al stimulation or arousal; b. Acts of human masturbation, sex- ual intercourse or sodomy; or 3 Page 60 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. c. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Alcohol Sales Uses: The following defini- tions shall govern the interpretation of the regulation of alcohol sales uses: 1. Alcohol - Protected Uses: Protected uses as herein defined. 2. Alcohol Sales: The sale of alcohol and alcoholic beverages, as each such term is defined in Chapter 123 of the Iowa Code, including but not limited to (i) liquor, beer or wine in closed contain- ers intended for off -premise con- sumption, and (ii) liquor, cocktails, shots, wine, beer and any part of an alcoholic beverage intended for on - site consumption. 3. Alcohol Sales Use: Any business that derives income from alcohol sales. Alcohol sales uses shall be classified as one of the following: a. Incidental Alcohol Sales Use, which shall include (i) a club or hotel or motel as such terms are defined in Section 3-2-2 of the Code of Ordinances, (ii) an open- air event of not more than five days' duration that is open to the general public, (iii) golf courses and publicly owned sports com- plexes or facilities, (iv) non-profit educational institutions or muse- ums hosting special events in support of the organization, or (v) other similar incidental alcohol sales uses as determined by the City Planner or designee. No reg- ulations under this Ordinance that are applicable to alcohol sales uses generally shall apply to an inci- dental alcohol sales use. b. Limited Alcohol Sales Use (off - premise consumption), which shall include an alcohol sales use such as a convenience store, gas station, grocery store, or pharmacy, pro- vided that more than sixty (60) percent of its gross income is de- rived from, and more than seven- ty-five (75) percent of its retail floor space is devoted to, the sale of merchandise, services for on - premises enjoyment, food, and beverages other than alcoholic beverages, in either case not in- cluding the sale of tobacco prod- ucts, lottery tickets, or pumped vehicle fuels such as gasoline, die- sel and similar products, and pro- vided further that not more than twenty-five (25) percent of its gross income as so determined is derived from the sale of alcoholic beverages other than beer or wine. c. Limited Alcohol Sales Use (on - premise consumption), which shall include (i) a restaurant that is an alcohol sales use, provided that more than fifty (50) percent of its gross income shall be derived from the sale of prepared food and non-alcoholic beverages, and (ii) an alcohol sales use providing facility and product or services rental, such as a bowling alley, in which case more than fifty (50) percent of its gross income shall be derived from the facility, prod- uct, or service rental and the sale of prepared food and non- alcoholic beverages. This use clas- sification shall not include dance halls, night clubs or similar facili- ties that provide no or limited rentals, prepared food or product sales other than alcoholic beverag- es. For purposes of this Ordi- nance, any alcohol sales use with on -premise consumption that fails 4 Page 61 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. to meet the gross income stand- ards stated above shall be classi- fied as a bar/tavern/night club and regulated as a non -limited al- cohol sales use (on -premise con- sumption). d. Non -Limited Alcohol Sales Use (off -premise consumption), which shall include any alcohol sales use for off -premise consumption that does not meet the definition of ei- ther an incidental alcohol sales use or a limited alcohol sales use (off - premise consumption), commonly known as a liquor store or similar establishment. e. Non -Limited Alcohol Sales use (on -premise consumption), which shall include any alcohol sales use with on -premise consumption that does not meet the definition of ei- ther an incidental alcohol sales use or a limited alcohol sales use (on - premise consumption), commonly known as a bar, tavern, night club, dance hall or similar establish- ment. Alley: A public way, other than a street, affording secondary means of access to abut- ting property. Animals, Farm: Animals other than household pets, such as livestock, that, where permitted, are kept and maintained for com- mercial production and sale, family food or by-product production, and/or educational or recreational purposes. Animals, Household Pet: Includes, but is not limited to, dogs, cats, rabbits (when housed within a dwelling), birds, hamsters, and other similar animals kept for family en- joyment or companionship, and not for commercial or economic reasons. See also "Kennel". [Ordinance 5417, 8/28/17] Animals, Livestock: Includes, but is not limited to, horses, cows, pigs, sheep, chickens and poultry (excluding roosters), goats, os- triches, rheas, emus, farm deer, and other similar animals that are typically raised for meat, wool, eggs, milk or other functional or economic uses. Roosters, camel, guinea, fal- con, or any exotic animals as determined in the reasonable discretion of the City Planner or designee shall be prohibited within the City of Waterloo. Swine (including pot belly pigs) shall be prohibited within the City of Waterloo except as provided in Section 5-1-2 of the Code of Ordinances [Ordinance 5417, 8/28/17] Amendment: A change, supplement, re- vision or reclassification in the Zoning Ordi- nance. An amendment can take three (3) forms: (1) a comprehensive revision or modi- fication of the zoning text and map; (2) a text change in zone requirements; and (3) a change in the map, i.e., the zoning desig- nation of a particular parcel or parcels. Apartment: A dwelling unit in a multiple dwelling. Apartment Hotel: A building containing both dwelling units and rooming units, used primarily for permanent occupancy. Apartment House: See Dwelling, Multi- ple. Appurtenant Structure: A structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the princi- pal structure. Auction Establishments: Any property or structure devoted to public auction or sales, two (2) or more times a year, for selling of private property or consigned goods, ex- cept as provided in Section 3-4A-2 of the City Code. Base Flood: The flood having one (1) percent chance of being equaled or exceeded 5 Page 62 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. in any given year. (See One Hundred (100) Year Flood). [Ordinance 5049, 6/20/11] Base Flood Elevation (BFE): The eleva- tion floodwaters would reach at a particular site during the occurrence of a base flood event. Basement: A story having part but not more than one-half (1/2) of its average height below grade. A basement is counted as a sto- ry for the purpose of height regulations. A basement may be used as a habitable floor subject to the requirements of the currently adopted Building Code. For floodplain man- agement purposes only, a basement shall mean any enclosed area of a building having its floor or lowest level below ground level (subgrade) on all sides. [Ordinance 5049, 6/20/11] Bed and Breakfast: A building other than a hotel where, for compensation, meals or lodging are provided on a short-term basis. Short-term shall be defined as two weeks or less. Billboard: "Billboard" as used in this Ordinance shall include all structures regard- less of the material used in the construction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure is placed on the wall or painted on the wall it- self, pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboard are located. Also referred to as an Off -Premise Advertising Sign. [Ordinance 5395, 04/10/17] Board of Adjustment: A Board, who un- der appropriate conditions and safeguards, makes special exceptions to the terms of the Ordinances in harmony with its general pur- pose and intent. This is to be done in accord- ance with general or specific rules therein contained and provide that any property owner aggrieved by the action of the City in adoption of such regulations and restrictions may petition the said Board directly to modi- fy regulations and restrictions as applied to such property owners. Boarding or lodging House: A building other than a hotel where for compensation, meals or lodging and meals are provided for three (3) or more persons. Borrow Pit: Any place or premises where dirt, soil, sand, gravel, or other materi- al is removed below the grade of surround- ing land, for any purpose other than that nec- essary and incidental to site grading or build- ing construction on the same property or con- tiguous property of the same ownership. [Or- dinance 5288, 06/15/15] Building: Any structure designed or in- tended for the support, enclosure, shelter, or protection of persons, animals or property, but not including signs or billboards. Building, Height of The vertical distance from the average grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. Building Line: A line, usually fixed paral- lel to the lot line, beyond which a building cannot extend under the terms of the Zoning Ordinance. See also "Setback, Required". Bulk Stations: Distributing stations commonly known as bulk or tank stations commonly used for the storage and distribu- tion of flammable liquids or liquefied petro- leum products where the aggregate capacities of all storage tanks is more than twelve thou- sand (12,000) gallons. This however is not limited to flammable liquids, but also could contain milk, syrups, vinegars and non- flammable chemicals. Carport: A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides. For the purposes of this Ordinance, a carport at- tached to a principal building shall be con- 6 Page 63 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. sidered as part of the principal building and subject to all yard requirements herein. Car Wash: A building or portion thereof containing facilities for washing automobiles or trucks, using production -line methods with a chain conveyor, blower, steam - cleaning device, or other mechanical devices or providing space, water, equipment or soap for the complete or partial hand washing of such automobiles or trucks, whether by oper- ator or by customer. Cellar: That portion of a building having more than one-half (1/2) of its average height below grade. A cellar is not included in com- puting the number of stories for the purpose of height measurement. A cellar may be used as a habitable floor subject to the require- ments of the currently adopted Building Code. Channel: A natural or artificial water- course of perceptible extent, with a definite bed and banks to confine and conduct con- tinuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of a defined chan- nel. Child Day Care Center: See Day Nursery or Nursery School. Clinics: A building or buildings used by physicians and/or dentists, osteopaths, chi- ropractors and allied professions for out- patient care of persons requiring such profes- sional service. Commission: Where found in this Ordi- nance, unless otherwise indicated, this shall mean the City of Waterloo Planning, Pro- gramming and Zoning Commission. Common Land: A parcel or parcels of land, together with the improvements there- on, whether retained in private ownership for the shared use and enjoyment of the owners and occupants of the individual building units in a planned unit development, or dedi- cated to the general public. Comprehensive Plan: The document or series of documents prepared and adopted by the Commission and City Council setting forth the policies for the future growth and development of the community. It serves as the guide for many growth related decisions, including land use changes, zoning changes, growth management and capital improve- ments programming. Condominium: Individual ownership of a unit in a multi -unit structure with certain parts of a building which would normally be used by all occupants such as yard, founda- tions, basements, floors, walls, roofs, hall- ways, stairways, elevators and all other relat- ed common elements. Conditional Zoning: The attachment of special conditions of a rezoning request which are not specifically spelled out in the text of the Zoning Ordinance (Section 10-5-1 (N))• Day Care: Day Care, as used in this Or- dinance, shall be defined as either Family or Group Day Care, as defined by the Code of Iowa: 1. Family Day Care means a person or program which provides child day care to fewer than seven (7) children at any one time or fewer than twelve (12) children at any one time for a pe- riod of less than two (2) hours, but shall not do so unless the home does not provide care at any one time for more than six (6) children who are not attending school full time on a regular basis. In determining the number of children cared for at any one time in a registered or unregistered day care home, if the person who operates or establishes the home is a child's par- ent, guardian, relative, or custodian and the child is not attending school full time on a regular basis, the child 7 Page 64 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. shall be considered to be receiving child day care from the person and shall be counted as one of the children cared for in the home. 2. A Group Day Care means a facility providing child day care for more than six (6) but fewer than twelve (12) children, with no more than six (6) children at one time being less than six (6) years of age. [Ordinance 3755, 12/10/90] Day Care Center, Adult: Any private agency, institution, establishment or place which provides supplemental care and/ or educational work, other than lodging over- night, for six (6) or more unrelated individu- als. Deck: A non -enclosed platform structure without a solid floor system and without a roof. Said platform will be comprised of a permeable plank or board system for the flooring. For decks located in the front yard, if a wall is built, it will be comprised of a non - solid spindle or board design with openings between boards to provide that no more than sixty (60) percent of the wall area is enclosed. For decks not located in the front yard, if a solid wall is built, it shall not extend more than forty-two (42) inches above the floor of the deck. Structures not meeting the defini- tion of a deck shall be considered an unen- closed porch or an addition, and shall meet the requirements as such. [Ordinance 4386, 10/18/99] Delayed Deposit Service Use: Any indi- vidual, group of individuals, partnership, association, corporation, or any other busi- ness unit or legal entity that, for a fee, accepts a check dated subsequent to the date it was written or accepts a check dated on the date it was written and holds the check for a period of time prior to deposit or presentment pur- suant to an agreement with, or any represen- tation made to, the maker of the check, whether express or implied. The purposes of this chapter, "check" means a check, draft, share draft, or other instrument for the pay- ment of money Such uses are also known as payday lenders. Department of Natural Resources (DNR): Where found in the Ordinance pertaining to flood management, this shall mean the Iowa Department of Natural Resources (IDNR), the State agency that has underlying flood plain permit authority for the State of Iowa. [Ordinance 3487, 6/15/87] [Ordinance 5049, 6/20/11] Development: Any man-made change to improved or unimproved real estate, includ- ing but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations, or storage of equipment or materials. Drive -In Establishment: See Restaurant. Dwelling: Any building or portion there- of which is designed or used exclusively for residential purposes but not including a tent, cabin, trailer, mobile home, recreational vehi- cle, or similar motor vehicle. Dwelling, Multiple: A residence de- signed for or occupied by three (3) or more families, with separate bathroom or cooking facilities for each. Dwelling, Row: Any one of two or more attached dwellings in a continuous row, each such dwelling designed and erected as a unit on a separate lot and separated from one an- other by an approved wall or walls. Such dwellings shall be required to maintain a compatible exterior appearance of both sides in terms of the colors and types of siding, roofing landscaping and other additions such as shutters, doors, and windows. Any minor changes shall be similar in design to the de- sign of the adjoining dwelling unit. Further- more, any type of damage or destruction to the dwelling unit, as a part or whole, which activates an insurance policy shall be first applied to the replacement, repair, and 8 Page 65 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. maintenance of the dwelling unit. All new structures or existing converted structures shall be required to meet all applicable codes and ordinances regarding building, fire, wa- ter and utility connections, subdivision, etc. [Ordinance 4618, 6/16/03] For the purposes of this Ordinance such individual unit on a sep- arate lot shall not have to meet minimum bulk requirements, including lot area, lot width, lot frontage, dwelling width, and side yard setback, however the overall row dwell- ing and total area for all lots to said row dwelling shall meet all minimum bulk re- quirements. [Ordinance 5288, 06/15/15] Dwelling, Single -Family: A detached res- idence designed for or occupied by one fami- ly only. Dwelling, Two -Family: A residence de- signed for or occupied by two (2) families on- ly, with separate bathroom or cooking facili- ties for each. All residences must meet build- ing and zoning regulations for proper design, separation, density, parking, etc. for the number of dwelling units, including resi- dences that are converted to add additional units. Dwelling Units: A room or group of rooms which are arranged, designed or used as living quarters for the occupancy of one family containing bathroom or kitchen facili- ties. Existing Construction: For floodplain regulation only, any structure for which the "start of construction" commenced before 07/03/85, the effective date of the first flood - plain management regulations adopted by the City of Waterloo. May also be referred to as "existing structure". [Ordinance 5049, 6/20/11] Factory -Built Home Park or Subdivision: A parcel or contiguous parcels of land divid- ed into two or more factory -built home lots for rent or sale. [Ordinance 3487, 6/15/87] Any such development that will classify the struc- tures as non -real estate will require a Special Permit, as a mobile home park or subdivi- sion. [Ordinance 5049, 6/20/11] Factory -Built Home Park or Subdivision, Existing: A factory -built home park or subdi- vision for which the construction of facilities for servicing the lots on which the factory — built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community. Factory -Built Home Park or Subdivision, Expansion of Existing: The preparation of additional sites by the construction of facili- ties for servicing the lots on which the facto- ry -built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Factory -Built Home Park or Subdivision, New: A factory -built home park or subdivi- sion for which the construction of facilities for servicing the lots on which the factory - built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the first floodplain management regulations adopted by the community. Factory -Built Housing: A factory -built structure designed for long-term residential use. For the purposes of these regulations, factory -built housing consists of three (3) types: modular homes, mobile homes, and manufactured homes. Factory -Built Structure: Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facili- ties for installation or assembly and installa- tion, on a building site. For the purpose of this Ordinance, including floodplain man- 9 Page 66 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. agement, factory -built homes include mobile homes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. [Ordinance 5049, 6/20/11] Family: One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over four (4) persons. This provision shall not re- strict children under foster care or exchange students. Family Home: Family home providing care for the mentally or physically dependent under Iowa Code Chapter 135C or as a child foster care facility under Iowa Code Chapter 237 to provide room and board, personal care, rehabilitation services, and supervision within a family home for not more than eight (8) mentally or physically dependent indi- viduals. [Ordinance 3959, 7/26/93] [Ordinance 4554, 6/3/02] Family Home shall also refer to homes for other individuals protected by the Fair Housing Amendments Act. Farm: An area comprising thirty-five (35) acres or more which is used for the growing of usual farm products, such as vegetables, fruits, and grain and their storing on the area, as well as for the raising thereon of the usual farm poultry and farm animals. The term "farming" includes the operation of such area for uses for treating or storing the food pro- duce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities and such accessory uses do not include the feed- ing of garbage or offal to swine or other ani- mals. Farm, Hobby: See Urban Animal Hobby Farm (UAHF). [Ordinance 5417, 8/28/17] Farm House: A house located on land operated as a farm which is, or will be, occu- pied by a person engaged in agriculture on that same unit. Fast Food: See Restaurant. Feed Lot: Any parcel of land or premises on which the principal use is the concentrat- ed feeding within a confined area of cattle, hogs, or sheep. After January 1, 2018 no new feed lot shall be established, and no existing feed lot shall be expanded in area, except those meeting Urban Animal Hobby Farm (UAHF) requirements. [Ordinance 5417, 8/28/17] Fence, Non -Residential: A barrier and/or structure erected accessory to a non- residential use and not located in an "R" Dis- trict intended to provide security, mark a boundary or a means of landscaping with no portion of fence extending onto adjacent property or right-of-way. No such fence shall be constructed of salvaged material or use barbed wire, concertina wire, or similar wire closer than six (6) feet to the ground ex- cept a fence used purely for agricultural pur- poses. [Ordinance 4508, 9/4/01] Fence, Residential: A barrier and/or structure erected accessory to a residential use or in an "R" District intended to provide security, mark a boundary, or as a means of landscaping with no portion of fence extend- ing onto adjacent property or right-of-way. Such fence shall be constructed of materials commonly used for landscape fencing such as masonry block, lumber, chain link, but shall not include corrugated sheet metal, slats, tarp, cloth, mesh or similar coverings, barbed wire, concertina wire or similar wire, salvage material, or electrified. [Ordinance 4508, 9/4/01] [Ordinance 5395, 04/10/17] Five Hundred (500) Year Flood: A flood, the magnitude of which has a two -tenths (0.2) percent chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every five hundred (500) years. Flood: A temporary rise in the channel flow or stage that results in overflow of streams or rivers or from the unusual and 10 Page 67 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. rapid runoff of surface waters from any source that results in water overflowing and inundating normally dry lands adjacent to thc channel. [Ordinance 3393, 6/10/85]A gen- eral and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid run- off of surface waters from any source. Flood Elevation Determinations: A de- termination of the water surface elevations of the 100 Year Flood; that is, the level of flood- ing that has a one percent (1 %) chance of oc- currence in any given year. Flood Insurance Rate Map (FIRM): The official map prepared as part of (but pub- lished separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zone applicable to the community. [Ordinance 3393, 6/10/85] Flood Insurance Study (FIS): A study ini tiatcd, funded and published by the Federal Insurance Administration for the purpose of evaluating in detail the existence and severity of flood hazards, providing thc City with the nccc,sary information for adopting a flood plain management program; and establishing actuarial flood insurance rates. [Ordinance 3393, 6/10/85]A report published by FEMA for a community issued along with the com- munity's Flood Insurance Rate Map(s) (FIRM). The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM. Flood Plainplain: The relatively flat arca of low lands adjoining the channel of a river, stream, or watercourse which has been or may be covered by floodwatcrAny land area susceptible to being inundated by water as a result of a flood. Flood Plain Management: The operation of an overall program of corrective and pre- ventive measures for reducing flood damage, including but not limited to emergency pre- paredness plan, flood control works and flood plain management regulations. Flood Protection System: Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard." Such a system typical- ly includes levees or dikes. These specialized modifying works are those constructed in conformance with sound federal engineering standards. Flood Proofing: Any combination of structural and non-structural additions changes or adjustments to structures, includ- ing utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of re- sisting hydrostatic and hydrodynamic loads and the effect of buoyancy. Floodway: The channel of a river or stream and those portions of the flood -plains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows associated with thc Regulatory Flood, so that confinement of flood flows to the floodway area will not cumulatively in- crease the water surface elevation of the base flood by more than one (1) footrcsult in sub stantially higher flood levels and flow vcloci tic:,. [Ordinance 3393, 6/10/85] Floodway Fringe: The land adjacent to a body of water between the Floodway and the outer (landward) limits of the flood as de- fined by the Regulatory Flood as delineated on the official flood plain zoning map. [Ordi- nance 3393, 6/10/85] Floor Area: Is the area included within the surrounding exterior walls of building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exte- rior walls shall be the useable area under the horizontal projection of the roof or floor above. 11 Page 68 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Floor Area Ratio: The gross floor area of all buildings on a lot divided by the lot area on which the building or buildings are locat- ed. Floor Space: As to adult uses and alcohol sales uses for which this Ordinance imposes a limitation on allowable floor space dedicated to such uses, the percentage of floor space so used shall be determined by a fraction, the numerator of which is the total square foot- age of interior retail floor space occupied by free-standing adult materials or alcohol products and by shelving, counters and other displays on which such adult materials and alcohol products are stored, stacked, ar- ranged, displayed or otherwise advertised for sale or available for rental or purchase, and the denominator is the total square footage of interior retail floor space in the establish- ment. No area that is not within an enclosed structure shall be included in determining retail floor space. Retail floor space includes enclosed display cases. The numerator shall include one-half of the open floor space be- tween shelving, counters, cases and other displays, and all floor space lying beneath and within the outer edges of any shelving, counter, case or other display, regardless of the actual floor space that is physically occu- pied. Foster Child Care: Care and education of not more than five (5) children unrelated to the residents by blood or adoption. Freestanding Commercial Parking Lot: A parking area that is the principal permitted use of a property and is not primarily acces- sory to any other principal permitted use. [Ordinance 5288, 06/15/15] Front Lot Line: The narrowest dimension of the lot lines abutting a street, or the lot line that the principal structure faces if no lot line abuts a street, public or private. For double frontage lots, the front lot line shall be the street lot line that the principal structure faces or is addressed from. Gaming Facility: A facility for the use of gaming, pari-mutuel gaming, gambling, and/or the entertainment through use of games, including but not limited to, poker, roulette, slot machines, blackjack, and other games of chance, etc. This definition shall include those gaming facilities both licensed by the State of Iowa Racing & Gaming Com- mission and other gaming facilities which may not be licensed by the State of Iowa Rac- ing & Gaming Commission. [Ordinance 4735, 10/18/04] Garage, Private: An enclosed structure intended for and used for the parking of the private motor vehicles of the families resident upon the premises. For the purposes of this Ordinance, a garage attached to a principal structure shall be considered as part of the principal structure and subject to all yard re- quirements contained herein. Gas Stations: Any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles and may include such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, anti -freeze, motor vehicle accesso- ries, and other items customarily associated with the sale of such products; for the render- ing of services and making of adjustments and replacement to motor vehicles, and the washing, waxing, and polishing of motor ve- hicles, as incidental to other services ren- dered; and the making of repairs to motor vehicles except those of major type. Repairs of a major type are defined to be spray paint- ing, body, fender, clutch, transmission, dif- ferential, axle, spring and frame repairs, ma- jor overhauling of engines, requiring the re- moval of engine cylinder head or crankcase pan, repairs to radiators requiring the remov- al thereof, or complete recapping or retread- ing of tires. Group Home: A facility that is not regu- lated under Chapters 135C or 237 of the Iowa Code or other state law and which, regardless of size, provides living arrangements with 12 Page 69 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. shared use of kitchen and/or bathrooms for individuals not related to the owner, tenant or administrator within the third degree by blood, marriage or adoption and who either are (a) receiving frequently recurring person- al assistance and/or daily -living activities from home or community -based services be- cause they are unable to adequately or properly care for themselves by reason of physical or mental disability, illness or dis- ease, (b) in need of temporary housing due to abuse, homelessness or emergency need or (c) a group of people who do not meet the definition of family under this Ordinance but who occupy a single dwelling unit as a single housekeeping unit. A group home shall also include substance abuse facilities and juve- nile centers, but does not include a bed and breakfast, boarding or lodging house, room- ing house, or halfway (rehabilitation) house, as such terms may be defined in this Ordi- nance. A group home may be one of the fol- lowing types: 1. Voluntary supervised. This group home is occupied by individuals not placed therein involuntarily and shall be supervised 24 hours a day, 7 days a week, and the organ- ization needs to demonstrate funding for such supervisory per- sonnel. [Ordinance 4554, 6/3/0212. 2. Voluntary unsupervised. This group home is occupied by indi- viduals not placed therein invol- untarily and lacks 24-hour super- vision. [Ordinance 4554, 6/3/02] 3. Involuntary supervised. This group home shall be supervised 24 hours a day, 7 days a week, and the organization needs to demon- strate funding for such superviso- ry personnel. For this definition, "involuntary" means that some- one in a position of legal authority has sent the individual(s) to the group home. [Ordinance 4554, 6/3/02] Habitable Floor: Any floor used for liv- ing, which includes working, sleeping, eat- ing, cooking or recreation or combination thereof. A floor used only for storage purpos- es is not a "habitable floor." Halfway (Rehabilitation) House: An es- tablishment for adolescents convicted as adults or adults who are serving a deferred judgment, are in a pre-trial status, or have been institutionalized or jailed for various reasons and released to a facility that pro- vides shelter, supervision and short-term re- habilitative services; usually not licensed by state or local agency but may be subject to provisions of local building and health codes. Facility usually sponsored by health or wel- fare agency, or sectarian organization. [Ordi- nance 4554, 6/3/02] Health/Sport Clubs: A non -medical ser- vice establishment intended to maintain or improve the physical condition of persons. Contains exercise facilities, game equipment, steam baths, saunas, tanning equipment and/or similar facilities. Highest Adjacent Grade: The highest nat- ural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure: [Ordinance 4125, 9/11/95] Any structure that is: 1. Listed individually in the National Historic Register of Historic Places (a listing maintained by the De- partment of Interior) or prelimi- narily determined by the Secretary of the Interior as meeting the re- quirements for individual listing on the National Register; 2. Certified or preliminarily deter- mined by the Secretary of the Inte- rior as contributing to the historic 13 Page 70 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic dis- trict; 3. Individually listed on the State In- ventory of Historic Places; 4. Individually listed on the local in- ventory of historic places. Home Occupation: A home occupation is an accessory use of a dwelling unit, conduct- ed entirely within the dwelling unit, carried on by one or more persons, all of whom re- side within the dwelling unit and where no persons living outside the home are em- ployed other than resident and domestic help. The use is clearly incidental and sec- ondary to the use of the dwelling for resi- dence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind; and any indoor storage, con- struction, alterations, or electrical or mechan- ical equipment used shall not change the fire rating of the structure of the fire district in which the structure is located. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an increase in the use of one or more utilities (water, sewer, electricity, tel- ephone, or garbage) so that the combined to- tal use of dwelling and home occupation purposes of the one or more utilities exceeds the average for residences in the neighbor- hood. When a use is a home occupation, it means that the owner, lessee, or other per- sons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without secur- ing special permission to do so. However, such person shall be subject to all conditions, which are applied in this Ordinance general- ly, such as off-street parking, and to all other permits required under the City code, such as Building Permits and Business Licenses. Hotel: A building containing twenty (20) or more individual sleeping rooms or suites having each a private bathroom attached thereto for the purpose of providing over- night lodging facilities to the general public for compensation with or without meals ex- cluding accommodation for employees and in which ingress and egress to and from all rooms is made through an inside office or lobby supervised by a person in charge at all hours. Where a hotel is permitted as principal use, all uses customarily and historically an accessory thereto for the comfort, accommo- dation and entertainment of the patron, in- cluding the service of alcoholic beverages shall be permitted. [Ordinance 3050, 11/1/79] Impound Lot: See Recycling, Junk or Sal- vage Yard. [Ordinance 5426, 11/20/17] Junk Vehicle, Salvage Vehicle: A motor vehicle or other vehicle, or portion thereof not in running condition or not licensed for the current year as provided by law. No junk vehicle shall be kept, stored, or otherwise lo- cated anywhere except in an enclosed build- ing or in an approved and licensed recycling, junk or salvage yard, except as provided in City Code Section 4-4-7. [Ordinance 5288, 06/15/15] Junk Yard: See Recycling, Junk or Salvage Yard Juvenile Center: See Group Home (Super- vised or Unsupervised) [Ordinance 4554, 6/3/02] Juvenile Detention Center: See Halfway (Rehabilitation) House [Ordinance 4554, 6/3/02] Kennel: Any building or lot on which five (5) or more dogs or five (5) or more cats six (6) months old or older are housed, bred, boarded, trained, groomed or sold. This would allow for up to 4 dogs and up to 4 cats in a residential setting. Kennel, Boarding: A place or establish- ment other than a pound or animal shelter 14 Page 71 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. where dogs or cats not owned by the proprie- tor are sheltered, fed and watered in return for a consideration. Lot: For the purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards and other open space as are herein re- quired. Such lot shall have frontage on a pub- lic street or private street and may consist of: (a) a single lot of record; (b) a portion of a lot of record; (c) a combination of complete lots of record; of complete lots of record and por- tions of lots of record; or of portions of lots of record; and (d) a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residen- tial lot or parcel be created which does not meet the requirements of this Ordinance; and further provided that any lots created after January 1, 1978 shall be done so in conform- ance with the Waterloo Subdivision Ordi- nance and Chapter 409 of the Code of Iowa. A lot may also be referred to as a property. Lot, Corner: A lot abutting upon two (2) or more streets at their intersection. Lot Depth: The mean horizontal distance between the front and rear lot lines. In the case of a corner lot, the lot depth is the great- er of the mean horizontal distances between the front lot lines and the respective side lot line opposite each. Lot, Double Frontage: A lot having a frontage on two (2) non -intersecting streets, as distinguished from a corner lot. Lot, Interior: A lot other than a corner lot. Lot Lines: The property lines bounding a lot. For property along a public street dedi- cated by easement, for Zoning purposes the street right-of-way line shall be considered the lot line. In all districts, lot area and set- back requirements shall be computed exclu- sive of any public street right-of-way, includ- ing right-of-way established by easement. [Ordinance 5288, 06/15/15] Lot of Record: A lot which is a part of a subdivision recorded in the Office of the County Recorder of Black Hawk County pri- or to February 3, 1969, or a lot or parcel de- scribed by metes and bounds prior to Febru- ary 3, 1969, the description of which has been so recorded. Lot, Reversed Frontage: A corner lot, whose frontage is considered along the long- er dimension street frontage. Lot Width: The width of a lot measured at the required building line and at right an- gles to its depth. Lowest Adjacent Grade: The lowest natu- ral elevation of the ground surface prior to construction next to the proposed walls of a structure. Lowest Floor: The floor of the lowest en- closed area in a building including a base- ment or cellar, except when all the following criteria are met: 1. The enclosed area is designed to flood to equalize hydrostatic pres- sure during floods with walls or openings that satisfy the provi- sions of Section 10-22-3(B)(13); and, 2. The enclosed area is unfinished (not carpeted, dry walled, etc.) and used solely for low damage potential uses such as building ac- cess, parking or storage; and 3. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area and located at least one (1) foot above the 100-year flood level; and 4. The enclosed area is not a "base- ment" or "cellar" as defined in this Section. 15 Page 72 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. In cases where the lowest enclosed area satisfies criteria a, b, c, and d above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above. [Ordinance 3487, 6/15/87] Main Body: Is the area included within the surrounding exterior walls of the dwell- ing. Used for living, sleeping, eating, cooking, recreation or a combination thereof. Manufactured Home: A factory -built sin- gle-family structure, which is manufactured or constructed under the authority of 42 U.S.C. Sec 5403, National Manufactured Home Construction and Safety Standards Act of 1974, and is to be used as a place for hu- man habitation, but which is not constructed with a permanent hitch or other device allow- ing it to be moved other than for the purpose of moving it to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home, unless it has been converted to real property and is taxed as a site -built dwelling. For the purpos- es of these regulations, a manufactured home built after June 15, 1976, shall bear the seal certifying that it is in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974. For the purpose of these regulations, manufactured homes shall be subject to the same standards as site -built dwellings. Maximum Damage Potential Develop- ment: Hospitals and like institutions; build- ings or building complexes containing docu- ments, data, or instruments of great public value; buildings or building complexes con- taining materials dangerous to the public or fuel storage facilities; power installations needed in emergency or other buildings or building complexes similar in nature or use. Mean Sea Level: Whcrc found in the Or dinancc pertaining to flood management, this, shall mean National Geodetic Datum. [Ordi nance 3487, 6/15/87] Mini -storage: The commercial rental of multiple storage spaces on a single site. Such developments generally have multiple exte- rior doors for separate entrance to individual rental spaces. [Ordinance 4683, 4/12/04] Mobile Home: Any vehicle without mo- tive power used or so manufactured or con- structed as to permit its being used as a con- veyance upon the public streets and high- ways and so designed, constructed or recon- structed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall include any such ve- hicle with motive power not registered as a motor vehicle in Iowa. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. Nothing in this Ordinance shall be construed as permitting a mobile home in other than an approved location, as specified in this Ordinance (see Section 10-27-1(M)). A mobile home shall not be used as an accesso- ry structure. Where found in this Ordinance pertaining to flood management, this shall also mean factory -built homes. [Ordinance 3487, 6/15/87] Mobile Home Parks or Subdivisions: Any lot or portion of a lot upon which two (2) or more mobile homes or trailers occupied for dwelling or sleeping purposes are located regardless whether or not a charge is made for such accommodation. Where found in the Ordinance pertaining to flood management, this shall also mean factory -built home parks or subdivisions. [Ordinance 3487, 6/15/87] The location or development of a mobile home park or subdivision shall only be permitted upon the issuance of a Special Permit by the Board of Adjustment after review by the 16 Page 73 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Commission. This shall also include a facto- ry -built home park or subdivision if the structures are not classified as real estate. Modular Home: Factory -built housing certified as meeting the State Building Code as applicable to modular housing. For the purposes of these regulations, once certified by the State, modular homes shall be subject to the same standards as site -built dwellings. Motel: A building or group of buildings which: (a) contains living or sleeping accom- modations and (b) has individual entrances from outside the building to serve each living or sleeping unit. Where a motel is permitted as a principal use, all uses customarily and historically accessory thereto for the comfort, accommodation and entertainment of the pa- tron, including the service of alcoholic bever- ages shall be permitted. [Ordinance 3050, 11/1/79] [Ordinance 4592, 1/6/03] New Construction (new buildings, new factory -built home parks): For floodplain management purposes only, those structures or development for which the start of con- struction commenced on or after July 3, 1985. [Ordinance 3393, 6/10/85] [Ordinance 5049, 6/20/11] Non -Conforming Use: Any building or land lawfully occupied by use as of the adop- tion of any zoning ordinance or amendment thereto which does not conform after the adoption of said ordinance or amendment with the regulations of the district in which it is situated. (Improvements constructed after the adoption of a zoning ordinance or amendment thereto which do not meet re- quired parking and loading regulations, height regulations, area regulations and resi- dential flood area regulations for the district in which they are located are not non- conforming uses as defined above.) The date on which a lot, structure, use of land and structure, or characteristics of use became or becomes non -conforming is referred to in this Ordinance as the "date of non -conformity." Nursing or Convalescent Home: A build- ing or structure having accommodation and where care is provided for invalid, infirm, aged, convalescent, physically disabled, or injured persons, not including insane and other mental cases, inebriate, or contagious cases. Obstruction: Any dam, wall, wharf, em- bankment, levee, dike, pile, abutment, projec- tion, excavation, channel, rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, junk, solid waste refuse, fill or other analogous structure or matter in, along, across or projecting into any floodway which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property. Official Flood Plain Zoning Map: The maps on file with City of Waterloo that indi- cate those portions of land known as the Floodway, Floodway Fringe, General Flood Plain and Shallow Flooding which are subject to the regulations of this Ordinance. [Ordi- nance 3393, 6/10/85] One Hundred (100) Year Flood: A flood, the magnitude of which has a one (1) percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years. [Ordinance 5049, 6/20/11] Overlay District: A district which acts in conjunction with the underlying zoning dis- trict or districts. Parking Lot, Off -Street: A parcel of land devoted to unenclosed parking spaces for more than five (5) vehicles, plus necessary maneuvering space for the parking of a mo- tor vehicle. Space for maneuvering, incidental to parking or unparking, shall not encroach upon any public right-of-way. 17 Page 74 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Parking Space: An area of not less than one hundred sixty-two (162) square feet plus necessary maneuvering space for the parking of a motor vehicle. Space for maneuvering, incidental to parking or unparking, shall not encroach upon any public right-of-way. Pawnbroker Use: Any person, partner- ship, corporation, company or other entity that is subject to licensure as a pawnbroker under Title 3 of the code of ordinances. Pharmacy: A retail establishment in which prescription drugs and medicines are compounded and/ or sold by a licensed pharmacist. Planned Unit Development: A tract of land planned and developed as an integrated unit under single ownership or control. Con- trol in this context may, in addition to single ownership, be vested in partnerships, corpo- rations, syndicates or trusts comprised of owners of separate and contiguous tracts of land who join together in a good and suffi- cient agreement for the purposes of develop- ing their respective properties according to one integrated plan. Porch, Unenclosed: A roofed projection which has no more than sixty (60) percent of each outside wall area enclosed by a building or siding material other than meshed screens. If said unenclosed porch extends over a re- quired front or rear setback as provided here- in then the outside wall shall be a non -solid wall utilizing a spindle or board design with openings between boards to provide that no more than sixty (60) percent of the wall area is enclosed, or a solid wall when extending not more than forty-two (42) inches above the floor of the porch. Principal Permitted Use: The main use of land or structures, as distinguished from a secondary or accessory use, or Special Permit use. Protected Uses: Protected uses include a building in which a majority of floor space is used for residential purposes; a property lo- cated within a residentially zoned district; a day care center where such day care center is a principal use; a preschool; an elementary, middle or high school (public, private or pa- rochial); a house of worship; a mission; a public library; a museum or cultural arts cen- ter or facility; a public park; a publicly owned or operated recreation center or athletic facili- ty; a privately operated recreational use; a civic/convention center; a community resi- dential facility; a hospital; a dental, medical or mental health facility; a building or office operated by any governmental entity. How- ever, this definition shall not apply if the pro- tected use is a legal non -conforming use. Whether a given use is a protected use as de- fined herein shall be determined by the city planner in his reasonable discretion. Public Utility: Public or quasi -public dis- tributing or operating equipment for related services for telephone, cable television, elec- tricity, gas, sewer and water, and other essen- tial commodities or services such as transpor- tation or communication. This includes pri- vately owned structures and equipment when used to provide an essential commodi- ty or service to the public. Rear Lot Line: Ordinarily that line of a lot which is opposite and farthest from the front lot line. In triangular or other odd - shaped lots the rear lot lines shall be deter- mined by the City Planner or designee. Recreational Vehicle: [Ordinance 4125, 9/11/95] A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection (this provision is for floodplain management purposes only); [Ordinance 5049, 6/20/11] 18 Page 75 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as tem- porary living quarters for recrea- tional, camping, travel or seasonal use. Recycling, Junk or Salvage Yard: Any place where materials that would otherwise be considered waste, are collected, separated, or processed to be used as raw materials. Ma- terials would include, but not be limited to: scrap iron or other metals, motor vehicles not in running condition and not being actively restored to running condition, parts of vehi- cles, plastic bottles or containers, rags, paper cardboard, glass and tires. [Ordinance 3864, 6/3/92] This would also include any area where waste, discarded, or salvaged materi- als are bought, sold, exchanged, baled or packed, disassembled, kept, stored or han- dled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not in- cluding areas where such uses are conducted entirely within a completely enclosed build- ing, and not including the processing of used, discarded or salvaged materials as part of manufacturing operations, and not including contractors storage yards, and not including rubble fill deposited on property in compli- ance with 4-3B of the Code of Ordinances. For the purpose of this Ordinance, the term "actively restored to running condition" in other than a recycling, junk or salvage yard shall mean if within the last thirty (30) days the owner of the business or premises on which the vehicle is located has spent at least ten (10) hours of labor in the repairing, re- building or reconstruction of the motor vehi- cle. The burden shall be on the owner to prove that it is being actively restored which may include receipts for the purchase of parts and supplies during the last thirty (30) days which have been installed in the vehicle. This exception for motor vehicles being actively restored shall not extend to vehicles from which parts are being taken to restore anoth- er vehicle. Parts being used in the restoration of a motor vehicle must be stored in an en- closed building while restoration work is not taking place. For the purposes of this Ordi- nance, the term "recycling yard" shall in- clude a "junk yard", "salvage yard", or "auto salvage yard". Impound yards to which ve- hicles are taken for temporary or long term storage until control of vehicle can be re- turned to the owner, or the vehicles are recy- cled or auctioned off shall be considered re- cycling, junk or salvage yards. [Ordinance 5426, 11/20/17] Regulatory Flood: A flood which is rep- resentative of large floods known to have oc- curred generally in the area and reasonable characteristic of what can be expected to oc- cur in a particular stream. The regulatory flood has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region. Regulatory Flood Protection Elevation: The elevation to which uses regulated by this Ordinance are required to be elevated or floodproofed. 19 Page 76 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Restaurants: 1. Drive -In Establishment: An es- tablishment which by design or physical facilities or by service or packaging procedures, encourages or permits customers to receive or obtain a product which may be used or consumed in an automo- bile on the premises or to be enter- tained while remaining in an au- tomobile. This term does not in- clude sidewalk or patio cafes where service is provided to tables only. 2. Fast Casual Type: Where cus- tomers are normally served at the same table or counter at which items are consumed but customers are served with disposable dishes and cutlery which are expected to be disposed of by the customer. 3. Fast Food Type: Where customers are normally served their food or beverages in disposable containers for consumption on the premises or within a motor vehicle. 4. Standard Type: Where customers are normally provided with an in- dividual menu and are served their food or beverages by a res- taurant employee at the same ta- ble or counter at which said items are consumed. Rooming House: A building where a room or rooms are provided for compensa- tion to three (3) or more persons. Rubble Disposal Site or Rubble Fill Site: The premises where rubble fill is placed, set down or deposited for the purpose of, or which has the result or effect of changing the existing contour or raising the elevation of said land with 25 cubic yards or more of fill. A fill site is also where the owner/operator advertises "fill wanted" regardless of the volume. Temporary above -ground storage during construction and rubble fill in con- junction with an approved development plan would not be considered a rubble disposal site or rubble fill site. [Ordinance 3590, 10/17/88] Rubble Fill: Material or refuse such as dirt, rock, stone, brick or similar inorganic material. [Ordinance 3590, 10/17/88] Salvage Yard: See Recycling, Junk or Sal- vage Yard. Screen: A wall or fence or area of planting that provides an effective visual barrier. For a single row the screen shall consist of Spruce, Firs, or Pines spaced at a maximum spacing of 15 feet or a double staggered row of Spruce, Firs, or Pine spaced at a maximum spacing of 20 feet within each row; for Ar- borvitae and Juniper the spacing shall be a double staggered row with maximum spac- ing of 10 feet within each row, or a single row with maximum spacing of 6 feet. In the case of a wall or fence, it shall be solid with a min- imum height of six (6) feet; in the case of plantings, the minimum height shall be four (4) feet at the time of planting. Alternative plantings and spacings may be approved by the City Planner or designee and still consti- tute a screen. Setback: The minimum distance between the lot line and the foundation of a building or any projection thereof, excluding the pro- jection of the usual steps, overhanging balco- nies or other ordinary projections in accord- ance with 10-27-1(F) or and unenclosed porches and decks in accordance with 10-27- 1(G) and other necessary approaches to the building. Setback, Average: Averaging the setback distance of one or more existing structures to modify the required setback as stated in the yard requirements for a particular district, as provided in Section 10-5-1(H). 20 Page 77 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Setback Line: A line which determines the minimum location of a building or struc- ture with respect to any lot line based on the required setback. Setback, Required: The setback as stated in the yard requirements for a particular dis- trict, except as modified by the average set- back requirement or other requirement of this Ordinance. See also "Building Line". Side Lot Lines: Any lot lines which meet the end of a front lot line. Sign: Any structure or device designed or intended to convey information to the public in written or pictorial form for the purpose of bringing the subject thereof to the attention of the public. Flags displayed from flagpoles or staffs will not be considered to be signs. See Outdoor Advertising Signs and Billboards, Section 10-26-1. [Ordinance 4724, 9/20/04] Site Plan: A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, re- served open space, building, major landscape features, and the location of proposed utility lines. Site Plan Amendment: A change in the site plan of any "planned" or site plan specif- ic zoning district after the Council has ap- proved the site plan. The R-P, C-Z, S-1, C-P, B-P and M-2,P District require Site Plan Amendment, which shall be approved as ei- ther a minor Site Plan Amendment or major Site Plan Amendment as provided in this Or- dinance. Special Flood Hazard Area (SFHA): The land within a community subject to the " 1-00- yearbase flood". This land is identified on the community's Flood Insurance Rate Map (FIRM) as Zone A„ A1-30, AE, AH, AO, AR, and/or AE A99.on the Flood Insurance Rate. map. [Ordinance 5049, 6/20/11] Special Permit: A use allowed in any dis- trict, where permitted by this Ordinance, af- ter a public hearing by the Board of Adjust- ment and recommendation of the Commis- sion, that meets the necessary conditions and safeguards for its operation, including a pub- lic or private use which possesses unique characteristics that may affect the community or surrounding area, and therefore deserves special consideration and permission before being established. Such use may also be re- ferred to as a "special exception," "use excep- tion" or "conditional use". [Ordinance 4735, 10/18/04] Stable, Private: A building or structure used or intended to be used for housing horses belonging to the owner of the proper- ty only for non-commercial purposes. Stable, Public and Riding Academy: A building or structure used or intended to be used for the housing only of horses on a fee basis. Riding instructions may be given in connection with a public stable or riding academy. Stable, Riding Club: A building or struc- ture used or intended to be used for the hous- ing only of horses by a group of persons for non-commercial purposes. Start of Construction: Includes substan- tial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, recon- struction, rehabilitation, addition, placement, or other improvement, occurs within 180 days of the permit date. The actual start means either the first placement or perma- nent construction of a structure on a site, such as pouring of a slab or footings, the in- stallation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory -built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading or filling; nor does it include the in- stallation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection 21 Page 78 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occu- pied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of the building, whether or not that alteration affects the external dimensions of the building. [Ordinance 5049, 6/20/11] Story: That portion of a building includ- ed between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling or roof next above it. Story, Half A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level. Street Line: The right-of-way line of a street. Street, Private: Any private way, which has not been dedicated to the public or deed- ed to the City for street purposes and has been approved by the City Council after rec- ommendation by the Commission and City Engineer. Street, Public: Any thoroughfare or pub- lic way which has been dedicated to the pub- lic or deeded to the City for street purposes and which has been approved by the City Council after recommendation by the Com- mission and the City Engineer. Strip Development or Strip Mall: Any commercial development, including profes- sional office, where multiple uses or units are designed and erected as individual buildings attached in a continuous row. Any type of damage or destruction to the structure, as a part or whole, which activates an insurance policy shall be first applied to the replace- ment, repair, and maintenance of the struc- ture. Such structures shall be permitted in any Zoning District where the proposed use or uses are a permitted use. In addition, the uses or units within the overall structure shall be permitted on separate lots with diverse ownership when separated from one another by an approved wall or walls, and shall not be required to meet the side yard setback re- quirements of the district in which it is locat- ed where the structure abuts another use or unit. All new structures or existing convert- ed structures on separate lots with diverse ownership shall be required to meet all appli- cable codes and ordinances regarding build- ing, fire, water and utility connections, drain- age, subdivision, etc., and shall provide per- manent cross easements for access, parking, and utilities and permanent maintenance agreements for shared infrastructure, such as the parking and vehicular use areas, storm water detention, utility connections, etc. [Or- dinance 4774, 06/06/05] Structural Alterations: Any replacement or changes in the types of construction or in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, beyond ordinary repairs and maintenance. Structure: Anything constructed or erect- ed on the ground or attached to the ground, including, but not limited to, buildings, facto- ries, sheds, cabins, mobile homes, factory built homes, storage tanks, grain storage fa- cilities and/or other similar uses. fences, bill boards and signs. [Ordinance 4725, 09/20/04] Structure, Height of The vertical distance from the average grade to the highest point. See "Building, Height of" for buildings. Structure, Principal: The main or primary structure on a lot used or intended for use for a principal use. This shall not prohibit more than one principal structure on a lot if all oth- er requirements of this Ordinance are met. Substance Abuse Facility: See Group Home (Supervised or Unsupervised) [Ordi- nance 4554, 6/3/02] 22 Page 79 of 630 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before - damage condition would equal or exceed fif- ty 150)% percent of the market value of the structure before the damage occurred. [Ordi- nance 3810, 8/19/91] Volunteer labor and do- nated materials shall be included in the esti- mated cost of repair. Substantial Improvement: Any im- provement to a structure which satisfies ei- ther of the following criteria: 1.) Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (a) before the start of con- struction of the improvement, or (b) if the structure has been substantially damaged and is being restored, before the damage oc- curred. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code speci- fications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions or (2) any alteration will not pre- clude the structure's continued designation as a "historical structure." [Ordinance 3810, 8/19/91] 2.) Any addition that increases the original floor area of a building by 25 percent or more. All additions constructed after July 3, 1985 shall be added to any proposed addi- tion in determining whether the total increase in original floor space would exceed 25 per- cent. [Ordinance 5049, 6/20/11] Trailer: See "Mobile Home." Trailer Park: See "Mobile Home Park." Urban Animal Hobby Farm (UAHF): A small gathering of farm animals kept for commercial production and sale, family food or byproduct production, and/or educational or recreational purposes, but not as a primary source of income. Animals not allowed as part of a UAHF include swine (including pot belly pigs), camels, roosters, guinea, falcon, or any exotic animals as determined in the reasonable discretion of the City Planner or designee. Horses shall not be regulated as part of a UAHF. [Ordinance 5417, 8/28/17] Used Car Lot: A designated location wherein proper and adequate facilities shall be maintained for displaying, reconditioning and repairing any motor vehicle of a type subject to registration under the laws of the State of Iowa. Use, Principal: The main or primary purpose for which a building, structure or lot is designed, arranged, or intended, or for which they may be used, occupied, or main- tained under this Ordinance. Variance: A device which grants a prop- erty owner relief from certain provisions of this Ordinance which the Board of Adjust- ment is permitted to grant in cases where strict enforcement of said provisions would cause undue hardship owing to circumstanc- es unique to the individual property on which the Variance is sought. Vehicle: Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used ex- clusively upon stationary rails or tracks, and shall include, without limitation, a motor ve- hicle, automobile, truck, trailer, motorcycle or any combination thereof. Violation: The failure of a use, structure, or other development to be fully compliant with the terms of this Ordinance, as may be amended or modified. Yard: An open space on the same lot with a building or structure unoccupied and un- obstructed by any portion of a structure ex- cept as provided herein. In measuring a yard for the purpose of determining the depth of a front, side, or rear yard, the least distance be- tween the lot line and the foundation of a principal building shall be used. 23 Page 80 of 630 CHAPTER 4 DISTRICT AND BOUNDARIES 10-4-1 CLASSIFICATION OF DISTRICTS. Yard, Front: A yard extending across the full width of the lot and measured between the front lot line and the foundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies other ordinary projec- tions in accordance with 10-27-1(F) or unen- closed porches and decks in accordance with 10-27-1(G). Yard, Rear: A yard extending across the full width of the lot and measured between the rear lot line and the foundation of a prin- cipal building or any projections thereof, oth- er than the projection of the usual steps, overhanging balconies, other ordinary projec- tions in accordance with 10-27-1(F) or unen- closed porches and decks in accordance with 10-27-1(G). On both corner lots and interior lots the rear yard shall be the opposite end of the lot from the front yard. Yard, Side: A yard extending from the front yard to the rear yard and measured be- tween the side lot lines and the foundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies or other ordinary pro- jections in accordance with 10-27-1(F). Zero Lot Line: A development approach in which a building is situated on one or more lot lines with no yard. CHAPTER 4 DISTRICT AND BOUNDARIES [Ordinance 3393, 6/10/85] 10-4-1 CLASSIFICATION OF DISTRICTS. In order to classify, regulate and restrict the location of trades and industries, and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas and to regulate and determine the area of yards, courts, and other open spaces within and surrounding such buildings, the City of Waterloo, Iowa, is hereby divided into sixteen (16) classes of districts. [Ordinance 4709, 8/9/04] The use, height and area regula- tions are uniform in each class of district, and said districts shall be known as: "A-1" Agricultural District "R-R" Rural Residence District "R-1" One and Two Family Residence Dis- trict "R-2" One and Two Family Residence Dis- trict "R-3" Multiple Residence District "R-4" Multiple Residence District "R-P" Planned Residence District "C-Z" Conditional Zoning District "S-1" Shopping Center District "C-1" Neighborhood Commercial District "C-2" Commercial District "C-P" Planned Commercial District "B-P" Business Park District "C-3" Central Business District "M-1" Light Industrial District "M-2" Heavy Industrial District "M-2,P" Planned Industrial District The "R-P" District is in conjunction with oth- er Residential Districts, i.e., R-1,R-P; R-2,R-P; R-3,R-P; and R-4,R-P. The "C-Z" District is in conjunction with other Districts, i.e., R-1,C-Z; R-2,C-Z; R-3,C-Z; R-4,C-Z; C-1,C-Z; C-2,C-Z; and M-1,C-Z. 10-4-2 CLASSIFICATION OF FLOOD PLAIN OVERLAY DISTRICTS. [Ordinance 3393, 6/10/85] In order to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas and to regulate and determine the area of yards, courts and other open spaces within and surrounding such buildings with- 24 Page 81 of 630 CHAPTER 4 DISTRICT AND BOUNDARIES 10-4-3 FINDING OF FACT. in established flood prone areas, the City of Waterloo, Iowa is hereby divided into four (4) classes of flood plain "overlay" districts. The use, height and area regulations are uni- form in each class of said district, and the dis- tricts shall be known as: "F-W" Floodway (Overlay) District "F-F" Floodway Fringe (Overlay) District "F-P" General Flood Plain (Overlay) District "S-F" Shallow Flood (Overlay) District 10-4-3 FINDING OF FACT. [Ordinance 3487, 6/15/87] A. The flood hazard areas of Waterloo are subject to periodic inundation which can result in loss of life and property and health; and, safety hazards, disruption or commerce and governmental services, ex- tra ordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the health, safety, and general welfare of the community. B. These losses, hazards and related adverse effects are caused by (i) the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inade- quately elevated or otherwise protected from flooding (ii) the cumulative effect of flood plain construction in flood flows, which causes increases in flood heights and flood water velocities. C. This Ordinance relies upon engineering methodology for analyzing flood hazards which is consistent with the standards es- tablished by the Department of Natural Resources. 10-4-4 DISTRICT BOUNDARIES AND OFFICIAL ZONING MAPS. [Ordinance 3393, 6/10/85] With the exception of the Flood Plain (Overlay) Districts, the boundaries of these districts are indicated upon the Digital Offi- cial Zoning Map of the City of Waterloo, Io- wa, which map is made a part of this Ordi- nance. Said Digital Official Zoning Map of the City of Waterloo, Iowa, and all the nota- tions, references and other matters shown thereon shall be as much as a part of this Or- dinance as if the notations, references and other matters set forth by said map were all fully described herein. Said Digital Official Zoning Map is on file in the office of the City Planner, at the City Hall of the City of Water- loo, Iowa, and shall bear the signature of the Mayor attested by City Clerk, under the certi- fication that this is the official Zoning Map referred to in this Section of the Zoning Ordi- nance. The Digital Official Zoning Map shall show all amendments or changes and shall indicate the date of each amendment or change. It shall be the responsibility of the City Planner or designee to see that the Zon- ing Map is kept current at all times. [Ordi- nance 4795, 12/12/05] 10-4-5 ESTABLISHMENT OF OFFICIAL FLOOD PLAIN ZONING MAP. [Ordinance 3393, 6/10/85] The Flood Insurance Rate Map (FIRM) for Black Hawk County and Incorporated Areas, City of Waterloo, Panels 19013C0158F19013C0167F, 0159F, 0166F, 0167F, 0168F, 0169F, 0180F, 0186F, 0187F, 0188F, 0189F, 0193F, 0194F, 0215F, 0281F, 0282F, 0283F, 0284F, 0291F, 0292F, 0301F, 0302F, 0303F, 0304F, 0306F, 0307F, 0308F, and 0309F, 0311F, 0312F, 0316F, 0317F, dated July 18, 2011, and Panels 19013C0158G, 0159G, 0166G, 0168G, 0180G, 0187G, 0193G, 0194G, 0195G, 0215G, 0281G, 0283G, 0284G, 0291G, 0292G, 0303G, 0304G, 0311G, 0312G, 0316G, and 0317G dated May 8, 2024, which were prepared as part of the Flood Insurance Study for Black Hawk County, is (are) hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material con- 25 Page 82 of 630 CHAPTER 4 DISTRICT AND BOUNDARIES 10-4-6 PURPOSE OF FLOOD PLAIN (OVERLAY) DISTRICTS. tained with the Flood Insurance Study are also declared to be a part of this Ordinance. [Ordinance 5049, 6/20/11] 10-4-6 PURPOSE OF FLOOD PLAIN (OVERLAY) DISTRICTS. [Ordinance 3393, 6/10/85] These Flood Plain (Overlay) Districts are to provide special regulations and restrictions to flood hazard areas in the City of Waterloo. It is the purpose of these flood plain provi- sions to promote the public health, safety and general welfare and to minimize public and private damages due to flooding in specific areas of the community. The basic purpose and objectives of this Ordinance may also be identified by the following: 1. To protect human life and health; 2. To minimize expenditure of public mon- ey for costly flood control projects; 3. To minimize the need for rescue and re- lief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 5. To require uses vulnerable to floods to be protected against flood damage at the time of initial construction; 6. To help maintain a stable tax base by providing for the sound use and devel- opment of areas of special flood hazard so as to minimize flood blight areas; 7. To ensure potential buyers are notified that property may be in an area of special flood hazard and that those who occupy said area assume responsibility for their actions; 8. To reserve sufficient flood plain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially; 9. To assure that eligibility is maintained for property owners in the community to purchase flood insurance through the Na- tional Flood Insurance Program. 10. Restrict or prohibit uses which are dan- gerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities. [Ordinance 5049, 6/20/11] 10-4-7 INTERPRETATION OF DISTRICT BOUNDARIES. [Ordinance 3393, 6/10/85] Where uncertainty exists with respect to the boundaries of the various districts, except for the Flood Plain (Overlay) Districts, as shown on the Official Zoning Map accompa- nying and made a part of this Ordinance, the following rules apply: 1. The district boundaries are either street center lines or alley center lines, unless otherwise shown. [Ordinance 3595, 11/7/88] Boundaries indicated as approx- imately following corporate limits shall be construed as following corporate lim- its. Boundaries indicated as approximate- ly following railroad lines shall be con- strued to be midway between the main tracks. Boundaries indicated as approxi- mately following the centerlines of rivers, streams, creeks or other waterways shall be construed to follow such centerlines. 2. In unplatted property, the district bound- ary lines on the map accompanying and made a part of the Ordinance shall be de- termined by use of the scale appearing on the map. 3. Publication of the legal description of the property or properties zoned or rezoned shall constitute an official amendment to the Official Zoning Map. Said map or por- tion of said map need not be published. 26 Page 83 of 630 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-1 REGULATIONS. terior street connections or major traffic changes. A change in use may go through the minor ap- proval process as long as the change is similar to the type of use approved with the development plan. b. Minor A site plan shall be prepared in accordance with Section 10-21- 1(C) (Required Conditions) and Section 10-21-1(D) (Procedure) for any change to an approved site plan located in a "M-2,P" Planned Industrial District. Minor Site Plan Amendments shall be admin- istratively reviewed by Planning staff. If the change is considered insignificant in nature, staff may approve the change without a re- view and public hearing before the Commission and City Council. [Ordinance 4165, 5/13/96] Examples of minor changes may include, but are not limited to the following: the location, construc- tion, replacement or change in type of signage; change in use to a similar use approved with the de- velopment plan; minor change in building locations; or change in the locations of access, driveways, or parking areas. These examples may be carried out through the administrative review and ap- proval of the Planning staff. Minor changes may include addi- tions to an existing building which do not increase the floor area by more than fifty (50) percent of the floor area of the building pro- posed to be added on to, or new buildings with a floor area not ex- ceeding ten (10) percent of the floor area of all existing or ap- proved principal buildings. If staff determines that the magni- tude of any such change is signifi- cant in nature or could become significant in nature, the change shall be deemed major and the change shall be resubmitted and considered in the same manner as the original site plan in accord- ance with Section 10-21-1(C) (Re- quired Conditions) and Section 10-21-1(D) (Procedure), including a public hearing before the Com- mission and City Council. In de- termining if a change is significant in nature the Planning staff shall consider, among other things, the overall design of the proposed change and its compatibility to the existing development and sur- rounding development, as well as impact on the neighborhood due to changes in parking, traffic, etc. or changes in visibility or aesthet- ics from the public roads or ad- joining properties caused by the proposed change. CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS [Ordinance 3393, 6/10/85] 10-22-1 REGULATIONS. The regulations set forth in this Chapter and those contained in Chapter 5 shall apply in the Floodway and Flood Plain Districts. A. General Regulations. 1. Lands to Which Ordinance Applies. This Ordinance shall apply to all lands within the jurisdiction of the City of Waterloo which uses the Flood Insurance Study (FIS) as a basis for es- 92 Page 84 of 630 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-2 "F-W" FLOODWAY (OVERLAY) DISTRICT. tablishing the flood plain zoning dis- tricts. These districts are shown on the Official Zoning Map as being the boundaries of the Floodway, Flood - way Fringe (designated as Zone AE on the Official Flood Plain Zoning Map), General Flood Plain (designat- ed as Zone A on the Official Flood Plain Zoning Map) and Shallow Flooding (designated as Zone AO or AH on the Official Flood Plain Zoning Map) Overlay Districts. [Ordinance 5288, 06/15/15] Within these districts, all uses not allowed as Principal Per- mitted Uses or permissible as Condi- tional Uses are prohibited unless a Variance to the terms of this Ordi- nance is granted after due considera- tion by the Board of Adjustment. [Or- dinance 5049, 6/20/11] 2. Rules for Interpretation of District Boundaries. The boundaries of the Floodway, Floodway Fringe, General Flood Plain and Shallow Flooding Overlay Districts shall be determined by scaling distances on the Official Flood Plain Zoning Map. When an interpretation is needed as to the ex- act location of the boundaries, the City Planner or official designee shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any require- ment, decision, or determination made by the City Planner or designee in the enforcement or administration of this Ordinance. [Ordinance 5049, 6/20/11] 3. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate or impair any ex- isting easements, covenants, or deed restrictions. However, where this Or- dinance imposes greater restrictions, the provision of this Ordinance shall prevail. All other ordinances incon- sistent with this Ordinance are hereby repealed to the extent of the incon- sistency only. 4. Warning and Disclaimer of Liability. The degree of flood protection re- quired by this Ordinance is consid- ered reasonable for regulatory pur- poses and is based on engineering and scientific methods of study. Larger floods may occur on rare occa- sions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings re- stricted by debris. This Ordinance does not imply that areas outside the flood plain districts or land uses per- mitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liabil- ity on the part of the City of Waterloo or the Board of Adjustment or an of- ficer or employee thereof for any flood damages that result from reli- ance on this Ordinance or any admin- istrative decision lawfully made there under. 10-22-2 "F-W" FLOODWAY (OVERLAY) DISTRICT. A. Principal Permitted Uses. The following uses shall be permitted within the Floodway (Overlay) District to the extent they are not prohibited by other ordi- nance (or underlying zoning district) and provided they do not require placement of structures, factory built homes, fill or other obstruction, the storage of materials or other equipment, or excavation or alteration of a watercourse. [Ordinance 5395, 04/10/17] 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticul- ture, truck farming, forestry, sod farming, and crop harvesting. 93 Page 85 of 630 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-2 "F-W" FLOODWAY (OVERLAY) DISTRICT. 2. Industrial -commercial uses such as loading areas, parking areas, airport landing strips. 3. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horse riding trails. 4. Stormwater detention or retention fa- cilities. [Ordinance 5395, 04/10/17] 5. Residential uses such as lawns, gar- dens, parking areas play areas. 6. Such other open -space uses similar in nature to the above uses. B. Conditional Uses. The following uses which involve struc- tures (temporary or permanent), fill, storage of materials or equipment, or excavation or alteration of a watercourse may be permitted only upon issuance of a Special Exception Permit by the Board of Adjustment. Such uses must also meet the applicable provisions of the Floodway District Performance Stand- ards. [Ordinance 5395, 04/10/17] 1. Uses or structures accessory to open - space uses. 2. Circuses, carnivals, and similar tran- sient amusement enterprises. 3. Drive-in theaters, new and used car lots, roadside stands, signs, and bill- boards. 4. Extraction of sands, gravel, and other material. 5. Marinas, boat rentals, docks, piers, wharves. 6. Utility transmission lines, under- ground pipelines. 7. Other uses similar in nature to the Principal Permitted and Conditional Uses described herein which are con- sistent with the Floodway District Performance Standards and the gen- eral spirit and purpose of this Ordi- nance. C. Performance Standards. All Floodway District Uses allowed as a Principal Permitted or Conditional Use shall meet the following standards: 1. No use development shall be permit- ted in the Floodway District that would result in any increase in the 100 year flood level. Consideration of the effects of any development on flood levels shall be based upon the as- sumption that an equal degree of de- velopment would be allowed for simi- larly situated lands. 2. All uses development within the Floodway District shall: a. Be consistent with the need to minimize flood damage. b. Use construction methods and practices that will minimize flood damage. c. Use construction materials and utility equipment that are resistant to flood damage. 3. No use development shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system. 4. Structures, buildings, recreational ve- hicles, and sanitary and utility sys- tems, if permitted, shall meet the ap- plicable performance standards of the Floodway Fringe District and shall be 94 Page 86 of 630 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. constructed or aligned to present the minimum possible resistance to flood flows. 5. BuildingsStructures, if permitted, shall have a low flood damage poten- tial and shall not be for human habita- tion. 6. Storage of materials or equipment that are buoyant, flammable, explo- sive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if read- ily removable from the Floodway Dis- trict within the time available after flood warning. 7. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the al- tered or relocated portion. In addition, such alterations or relocations must be approved by the Iowa Department of Natural Resources (IDNR). 8. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. 9. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently pro- tected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. A. Permitted Uses. All uses development within the Flood - way Fringe (Overlay) District (designated as Zone AE on the Official Flood Plain Zoning Map) shall be permitted to the extent that they are not prohibited by any other ordi- nance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe (Overlay) District. [Ordinance 5288, 06/15/15] B. Performance Standards. All uses development must be consistent with the need to minimize flood damage and shall meet the following applicable perfor- mance standards. 1. All structures development shall (1) be designed and adequately anchored (including factory built homes) to prevent flotation, collapse or lateral movement of the structure, (2) be con- structed with materials and utility equipment resistant to flood damage, and (3) be constructed by methods and practices that minimize flood damage. 2. Residential buildings structures - All new or substantially improved resi- dential structures shall have the low- est floor, including basements, elevat- ed a minimum of 1.0 foot above the 100 year flood level. Construction shall be upon compacted fill which shall at all points be no lower than 1.0 foot above the 100 year flood level and extend at such elevation at least 18 feet beyond the limits of any struc- ture erected thereon. Alternate meth- ods of elevating (such as piers) may be allowed subject to favorable con- sideration by the Board of Adjustment and issuance of a Special Exception Permit where existing topography, 95 Page 87 of 630 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. street grades, or other factors pre- clude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and haz- ards associated with flooding. All new residential building structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100 year flood. [Ordinance 3487, 6/15/87] [Ordinance 5049, 6/20/11] 3. Non-residential buildings structures - All new or substantially improved non-residential buildings structures shall have the first floor (including basement) elevated a minimum of 1.0 foot above the 100 year flood level or together with attendant utility and sanitary systems be flood -proofed to such a level. When flood proofing is utilized, a professional engineer regis- tered in the State of Iowa shall certify that the flood -proofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors as- sociated with the 100 year flood; and that the structure below the 100 year flood level is watertight with walls substantially impermeable to the pas- sage of water. A record of the certifi- cation indicating the specific elevation (in relation to North American Verti- cal Datum 1988) to which any struc- tures are flood -proofed shall be main- tained by the City Planner or design- ee. 4. All factory built homes which are placed in an existing factory built home park or subdivision, shall be anchored to resist flotation, collapse, or lateral movement by providing over -the -top and frame ties to ground anchors. Specific requirements are that (1) over -the -top ties be provided at each of the four corners of the fac- tory built home with two (2) addi- tional ties per side at intermediate lo- cations for factory built homes 50 feet or more in length or one (1) such tie for factory built homes less than 50 feet in length; (2) frame ties be pro- vided at each corner of the home with five (5) additional ties per side at in- termediate points for factory built homes 50 feet or more in length or four (4) such ties for homes less than 50 feet in length; (3) all components of the anchoring system be capable of carrying a force of 4800 pounds; and (4) any additions to the factory built home be similarly anchored. All fac- tory built homes which are placed in an existing factory built home park or subdivision shall be elevated on a permanent foundation such that the lowest floor of the structure is a min- imum of one (1) foot above the 100- year flood level. [Ordinance 5049, 6/20/11] 5. All factory built homes not being placed in existing factory built home parks or subdivisions shall be placed on lots or pads elevated by means of compacted fill so that the lowest floor of the factory built home will be a minimum of one (1) foot above the 100 year flood level. In addition, the tie -down specifications enumerated within subparagraph (d) herein must be met and adequate surface drainage and access for a hauler must be pro- vided. [Ordinance 5049, 6/20/11] 6. New factory built home parks, expan- sions to existing factory built home parks, and factory built home parks where the repair, reconstruction or improvement of the streets, utilities, and pads equals or exceeds 50% or more of the value of the streets, utili- ties and pads before the repair, recon- 96 Page 88 of 630 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. struction or improvement has com- menced shall provide: (1) lots or pads that have been elevated by means of compacted fill so that the lowest floor of factory built homes will be a mini- mum of 1.0 feet above the 100 year flood level; (2) adequate surface drainage; (3) access for a hauler; and (4) ground anchors for factory built homes. [Ordinance 5049, 6/20/11] 7. Utility and Sanitary Systems. a. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltra- tion of flood waters into the sys- tem as well as the discharge of ef- fluent into flood waters. Wastewater treatment facilities (other than on -site systems) shall be provided with a level of flood protection equal to or greater than one (1) foot above the 100 year flood elevation. [Ordinance 5049, 6/20/11] b. On -site waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. [Ordi- nance 5049, 6/20/11] c. New or replacement water supply systems shall be designed to min- imize or eliminate infiltration of flood waters into the system. Wa- ter supply treatment facilities (other than on -site systems) shall be provided with a level of protec- tion equal to or greater than one (1) foot above the 100-year flood elevation. [Ordinance 5049, 6/20/11] d. Utilities such as gas or electrical systems shall be located and con- structed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. 8. Storage of materials and equipment that are flammable, explosive or inju- rious to human, animal or plant life is prohibited unless elevated a mini- mum of one (1) foot above the 100- year flood level. Other material and equipment must either be similarly elevated or (1) not be subject to major flood damage and be anchored to prevent movement due to flood wa- ters or (2) be readily removable from the area within the time available af- ter flood warning. 9. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from a 100- year flood with a minimum of 3 feet of design freeboard and shall provide for adequate interior drainage. In ad- dition, structural flood control works shall be approved by the Iowa De- partment of Natural Resources (IDNR). 10. No use shall affect the capacity or conveyance of the channel or flood way of any tributary to the main stream drainage ditch or other drain age facility or systemWatercourse al- terations or relocations must be de- signed to maintain the flood carrying capacity within the altered or relocat- ed portion. In addition, the Iowa De- partment of Natural Resources (IDNR) must approve such alterations or relocations. 11. The exemption of dDetached garages, sheds, fences, flag poles and similar structures that are incidental to a resi- dential use are exempt from the 100 year flood elevation requirements may result in increased premium rates for insurance coverage of the structure and contents; however, said 97 Page 89 of 630 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. detached garages, sheds, fences, flag poles and similar accessory type structures arc exempt from the 100 y ar flood elevation requirements whenwhere the following criteria are satisfied: a. The structure shall not be used for human habitationbe designed to have low flood damage potential. Its size shall not exceed six hun- dred (600) square feet. Those por- tions of the structure located less than 1 foot above the base flood elevation must be constructed of flood -resistant materials. b. The structure shall be designed to have low flood damage potcn tialused solely for low flood dam- age potential purposes such as vehicle parking and limited stor- age. The structure shall not be used for human habitation. c. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. d. The structure shall be firmly an- chored to prevent flotation, col- lapse, and lateral movement which may result in damage to other structures. e. The structure's service facilities such as electrical and heating equipment shall be elevated or flood proofed to at least 1 foot above the base flood elevation. e:f. The structure's wall shall include openings that satisfy the provi- sions of subparagraph 13 herein. Exemption from the base flood eleva- tion requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents. For do tachcd garages and shcds a A profes- sional engineer licensed in the State of Iowa shall certify that these require- ments are met. [Ordinance 5049, 6/20/11] 12. Subdivisions (including factory -built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have ade- quate drainage provided to reduce exposure to flood damage. Develop- ment associated with subdivision proposals (including the installation of public utilities) shall meet the ap- plicable performance standards of this Ordinance. Subdivision proposals in- tended for residential use shall pro- vide all lots with a means of vehicular access that will remain passable by wheeled vehicles during the occur- rence of the 100-year flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100-year flood ele- vation data for those areas located within the Floodway Fringe (Overlay) District. [Ordinance 5049, 6/20/11] 13. All new and substantially improved structures. [Ordinance 3487, 6/15/87] a. Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding shall be designed to au- tomatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered profes- sional engineer or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed 98 Page 90 of 630 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. area subject to flooding shall be provided. ii. The bottom of all openings shall be no higher than one foot above grade. iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. Such areas shall be used solely for parking of vehicles, building ac- cess, or low damage potential storage. [Ordinance 5049, 6/20/11] b. New and substantially improved structures must be designed (or modified) and adequately an- chored (including factory built homes) to prevent flotation, col- lapse, or lateral movement of the structure resulting from hydrody- namic and hydrostatic loads, in- cluding the effects of buoyancy. c_New and substantially improved structures must be constructed with electrical meter, electrical service panel box, hot water heat- er, heating, air conditioning, venti- lation equipment (including ductwork), plumbing and air con ditioning equipment and other similar machinery and equipment elevated (or in the case of non- residential structures, optionally floodproofed to) a minimum of 1 foot above the base flood elevation Gcrvicc facilities that arc designed and/or located so as to prevent water from entering or accumulat ing within the components during conditions of flooding. e d. New and substantially improved structures shall be constructed with plumbing, gas lines, wa- ter/ gas meters and other similar service utilities either elevated (or in the case of non-residential structures, optionally flood - proofed to) a minimum of 1 foot above the base flood elevation or designed to be watertight and withstand inundation to such a level. 14. Factory -Built Homes. a. All factory -built homes, including those placed in existing factory - built home parks or subdivisions shall be anchored to resist flota- tion, collapse, or lateral move- ment. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. [Ordinance 5049, 6/20/11] b. All factory -built homes, including those placed in existing factory - built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a mini- mum of one (1) foot above the 100-year flood level. [Ordinance 3487, 6/15/87] 15. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently pro- tected to prevent rupture due to channel degradation and meandering. 16. All new or substantially improved maximum damage potential devel- opment shall have the lowest floor (including basement) elevated a min- imum of 1 foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a profes- sional engineer registered in the State 99 Page 91 of 630 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-4 "F-P" GENERAL FLOOD PLAIN (OVERLAY) DISTRICT. of Iowa shall certify that the flood - proofing methods used are adequate to withstand the flood depths, pres- sures, velocities, impact and uplift forces and other factors associated with the 0.2% annual chance flood; and that the structure, below the 0.2% annual chance flood elevation is wa- tertight with walls substantial imper- meable to the passage of water. A rec- ord of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the City Plan- ner or designee. Where 0.2% chance flood elevation data has not been pro- vided in the Flood Insurance Study, the Iowa Department of Natural Re- sources shall be contacted to compute such data. The applicant will be re- sponsible for providing the Depart- ment of Natural Resources with suffi- cient technical information to make such determinations. 10-22-4 "F-P" GENERAL FLOOD PLAIN (OVERLAY) DISTRICT. A. Principal Permitted Uses. The following uses, including accessory and customarily incidental uses to the follow- ing uses, shall be permitted within the Gen- eral Flood Plain (Overlay) District (designat- ed as Zone A on the Official Flood Plain Zon- ing Map) to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not require placement of structures, factory built homes, fill or other obstruction; the storage of mate- rials or equipment; excavation or alteration of a watercourse, unless approved as herein stated. [Ordinance 5049, 6/20/11] [Ordinance 5288, 06/15/15] 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticul- ture, truck farming, forestry, sod farming and crop harvesting. 2. Industrial -commercial uses such as loading areas, parking areas, and air- port landing strips. 3. Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horse- back riding trails. 4. Stormwater detention or retention fa- cilities. [Ordinance 5288, 06/15/15] 5. Residential uses such as lawns, gar- dens, parking areas and play areas. 6. Such other open -space uses similar in nature to the above uses. [Ordinance 5049, 6/20/11] B. Conditional Uses. Any uec development which involves placement of structures, factory built homes, fill or other obstructions; the storage of mate- rials or equipment; excavation or alteration of a watercourse may be allowed only upon a determination by the Iowa Department of Natural Resources (IDNR) to determine (1) whether the land involved is either wholly or partly within the floodway or floodway fringe and (2) the 100 year flood level. Until a regulatory floodway is designated, no devel- opment may increase the 100 year elevation more than one (1) foot. The applicant shall be responsible for providing the Iowa Depart- ment of Natural Resources (IDNR) with suf- ficient technical information to make the de- termination. [Ordinance 5049, 6/20/11] [Ordi- nance 5288, 06/15/15] 100 Page 92 of 630 CHAPTER 23 "H-C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F" SHALLOW FLOODING (OVERLAY) DISTRICT. C. Performance Standards. 1. All conditional uses or portions there- of to be located in the floodway as de- termined by the Iowa Department of Natural Resources (IDNR) shall meet the applicable provisions and stand- ards of the Floodway (Overlay) Dis- trict. 2. All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the Iowa De- partment of Natural Resources (IDNR) shall meet the applicable standards of the Floodway Fringe (Overlay) District. 10-22-5 "S-F" SHALLOW FLOODING (OVERLAY) DISTRICT. A. Permitted Uses. All uses development within the Shallow Flooding (Overlay) District (designated as Zone AO or AH on the Official Flood Plain Zoning Map) shall be permitted to the extent that they are not prohibited by any other or- dinance (or underlying zoning district) and provided they meet the applicable perfor- mance standards of the Shallow Flooding (Overlay) District. [Ordinance 5288, 06/15/15] B. Performance Standards. The performance standards for the Shal- low Flooding (Overlay) District shall be the same as the performance standards for the Floodway Fringe (Overlay) District with the following exceptions: 1. In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map, the minimum flood proof- ing/flood protection elevation shall be equal to the number of feet as spec- ified on the Flood Insurance Rate Map (or a minimum of 2.0 feet if no num- ber is specified) above the highest natural grade adjacent to the struc- ture. [Ordinance 5049, 6/20/11] 2. In shallow flooding the Flood Insur- ance areas designated as an AH Zone on the Flood Insurance Rate Map, the minimum flood proofing/flood eleva- tion shall be equal to the elevation as specified on the Flood Insurance Rate Map. 3. In shallow flooding areas designated as either an AO and or AH zones on the Flood Insurance Rate Map, require drainage paths are required around structures on slopes to adequately guide floodwaters around and away from proposed structures. [Ordinance 5049, 6/20/11] CHAPTER 23 "H-C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT [Ordinance 3698, 2/5/90] [Ordinance 3805, 8/5/91] 10-23-1 GENERAL REGULATIONS. A. Boundaries. The "H-C" Highway 218 Corridor Over- lay District shall generally include all real property adjacent to or in close proximity to U.S. Highway 218. The actual boundaries are shown on the official zoning map and legally described in Attachment A to this Section. B. Purpose and Intent. The purpose and intent of this Chapter is to establish a Highway Corridor Overlay Dis- trict for the orderly development of proper- ties located within the Highway 218 Corridor Overlay District. The emphasis of the High- way Corridor Overlay District is to regulate the development within the Highway 218 101 Page 93 of 630 CHAPTER 30 OTHER PERMITS 10-30-1 PERMITS. firmative vote of not less than two- thirds (2/3) of the members in the case of adoption of a Comprehensive Plan and by simple majority of the members in the case of an amendment to an adopted Plan. E. Hold at least one (1) public hearing before any action on requests to change the zoning regulations or dis- trict boundaries. F. Review and provide recommendation on all Special Permits prior to Board of Adjustment review. G. Review and provide recommendation on such other matters as the staff or City Council shall find it advisable or essential to receive consideration by the Commission. H. For any matter requiring review and recommendation of the Commission, any recommending action shall only be valid for a period of one year if such matter has not been acted on by the City Council or Board of Adjust- ment. [Ordinance 5288, 06/15/15] CHAPTER 30 OTHER PERMITS 10-30-1 PERMITS. [Ordinance 3393, 6/10/85] A. Occupancy Permits. [Ordinance 3973, 9/27/93] No land shall be occupied or used, and no building hereafter erected or structurally al- tered shall be occupied or used in whole or in part for any purpose whatsoever, until a cer- tificate is issued by the Building Official, City Planner, or designee, stating that the building and use comply with the provision of this Ordinance and the building and health ordi- nances of the City of Waterloo. No change of use shall be made in any building or part thereof, now or hereafter erected or structur- ally altered, without a permit being issued therefore by the Building Official, City Plan- ner, or designee. No permit shall be issued to make a change unless the changes are in con- formity with the provisions of this Ordi- nance. Nothing in this part shall prevent the con- tinuance of a non -conforming use as herein - before authorized, unless a discontinuance is necessary for the safety of life or property. A certificate of occupancy shall be re- quired of all non -conforming uses. Applica- tion for certificate of occupancy for noncon- forming uses shall be filed within twelve (12) months after the date of non -conformity, ac- companied by affidavits of proof that such non -conforming use was not established in violation of Ordinance No. 1734 or amend- ments thereto. B. Flood Plain Development Permit. A Flood Plain Development Permit is- sued by the City Planner or designee shall be secured prior to initiation of any flood plain development (any manmade change to im- proved and unimproved real estate, includ- ing but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials or equipment, excavation or drilling operations), including the place- ment of factory -built homes. [Ordinance 5049, 6/20/11] 1. Application for a Flood Plain Devel- opment Permit shall be made on forms supplied by the City Planner or designee and shall include the follow- ing information: [Ordinance 3973, 9/27/93] a. Description of the work to be cov- ered by the permit for which ap- plication is to be made. b. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address 200 Page 94 of 630 CHAPTER 30 OTHER PERMITS 10-30-1 PERMITS. or similar description) that will readily identify and locate the work to be done. c. Indication of the use or occupancy for which the proposed work is in- tended. Location and dimensions of all structures and additions. d. Elevation of the 100-year flood. e. Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including base- ment) of buildings structures or of the level to which a building structure is to be floodproofed. f. For buildings structures being im- proved or rebuilt, the estimated cost of improvements and market value of the building structures prior to the improvements. Such other information as the City Planner or designee deems rea- sonably necessary for the purpose of this Ordinance. g. 2. Flood Plain Development Permits is- sued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and ap- plications and no other use, arrange- ment or construction. Any use, ar- rangement, or construction at vari- ance with that authorized shall be deemed a violation of this Ordinance and shall be punishable as provided within this Ordinance. The applicant shall be required to submit certifica- tion by a professional engineer or land surveyor, as appropriate, regis- tered in the State of Iowa, that the fin- ished fill, building floor elevations, floodproofing, or other flood protec- tion measures were accomplished in compliance with the provisions of this Ordinance prior to the use or occu- pancy of any structure. 3. All uses or structures in the Flood - way, Floodway Fringe, General Flood Plain, and Shallow Flooding Districts requiring Special Permits shall be al- lowed only upon application to the City Planner or designee, with issu- ance of the Special Permit by the Board of Adjustment. Petitioners shall include information ordinarily submitted with applications as well as any additional information deemed necessary by the Board of Adjust- ment. Where required, approval of the Iowa Department of Natural Re- sources shall precede issuance of the Special Permit by the Board of Ad- justment. [Ordinance 3973, 9/27/93] C. Floodproofing Measures. Floodproofing measures shall be de- signed consistent with the flood protection elevation for the particular area, flood veloci- ties, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors asso- ciated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a reg- istered professional engineer that the flood - proofing measures are consistent with the regulatory flood protection elevation and as- sociated flood factors for the particular area. Such floodproofing measures may include, but are not necessarily limited to the follow- ing: 1. Anchorage to resist flotation and lat- eral movement. 2. Installation of watertight doors, bulk- heads, and shutters, or similar meth- ods of construction. 3. Reinforcement of walls to resist water pressures. 201 Page 95 of 630 CHAPTER 33 DUTIES AND RESPONSIBILITIES OF THE CITY PLANNER OR OFFICIAL DESIGNEE 10-32-3 ENFORCEMENT. definitions of Alcohol Sales Uses and Floor Space therein), section 10-14- 1(A) (4), sections 10-15-1(A) (1) and (A) (3), section 10-18-1(A)(2), section 10-24-1, sec- tion 10-26-1(C) (2), section 10-27-1(H) (15), section 10-27-1 (Q), and 10-27-1(R). C. In addition to the penalties provided for in subsections A and B above, any person, firm, company or corporation that is guilty of a municipal infraction thereun- der shall be subject to all of the remedies available under Iowa Code section 364.22 and any amendments thereto, including but not limited to ordering the defendant to abate or cease the violation, authoriz- ing the City to abate or correct the viola- tion, and ordering that the City's costs for abatement or correction of the violation be entered as a personal judgment against the defendant, assessed against the prop- erty where violation occurred, or both. In addition to the penalties stated above in this section 10-32-2, an administrative fee of one hundred dollars ($100.00) will be charged for the second offense occurring within one (1) year, and for additional of- fenses occurring within one (1) year the administrative fee shall be three hundred dollars ($300.00) for each additional of- fense. Notice of the administrative fee, and procedures for payment, assessment, and appeal of same, shall be as set forth in section 1-3-2E of the Code of Ordinanc- es. D. Each day that a violation is permitted to exist shall constitute a separate offense. E. The City Planner or designee is hereby designated and ordered to enforce this Zoning Ordinance. 10-32-3 ENFORCEMENT. In case any building or structure is erect- ed, constructed, reconstructed, altered, re- paired, converted or maintained, or any building, structure or land is used in viola- tion of this Ordinance, the Building Official, City Planner, or designee, in addition to other remedies, shall institute any proper action or proceedings in the name of the City of Water- loo, Iowa, to prevent such unlawful erection, construction, reconstruction, alteration, re- pair, conversion, maintenance, or use, to re- strain, correct or abate such violation, to pre- vent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about said premises. [Ordinance 3973, 9/27/93] 10-32-4 VALIDITY. Should any section or provision of this Ordinance be declared by a court of compe- tent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. 10-32-5 FEES. [Ordinance 3085, 5/19/80] [Ordinance 3889, 9/14/92] [Ordinance 4630, 8/4/03] Fees pertaining to permits and actions re- quired by this Ordinance shall be in accord- ance with the Schedule of Fees, as adopted by resolution by the City Council. A copy of the Schedule of Fees shall be on file in the office of the City Planner. CHAPTER 33 DUTIES AND RESPONSIBILITIES OF THE CITY PLANNER OR OFFICIAL DESIGNEE [Ordinance 3393, 6/10/85] 10-33-1 INFORMATION TO BE OBTAINED OR MAINTAINED. A. It shall be the responsibility of the City Planner or his or her official de- signee to: [Ordinance 3973, 9/27/93] 205 Page 96 of 630 CHAPTER 33 DUTIES AND RESPONSIBILITIES OF THE CITY PLANNER OR OFFICIAL DESIGNEE 10-33-1 INFORMATION TO BE OBTAINED OR MAINTAINED. 1. Review all flood plain develop- ment permit applications to en- sure that the provisions of this Ordinance will be satisfied. 2. Review all flood plain develop- ment permit applications to en- sure that all necessary permits have been obtained from Federal, State or local governmental agen- cies. 3. Obtain and record the actual ele- vation (in relation to mean sea fevelNorth American Vertical Da- tum 1988) or the lowest floor (in- cluding basement) of all new or substantially improved structures, whether or not the structure con- tains a basement. 4. For all new substantially im- proved flood -proofed structures: a. Verify and record the actual elevation (in relation to m an a lcvclNorth American Ver- tical Datum 1988); and b. Maintain the flood -proofing certifications required in Sec- tion 10-30-1 (B) (2). 5. Maintain for public information all records pertaining to the provi- sions of this Ordinance. 6. Submit to the Federal Insurance Administrator an annual report concerning the community's par- ticipation in the National Flood Insurance Program. 7. Review subdivision proposals to ensure such proposals are con- sistent with the purpose of this Ordinance and advise the City Council of potential conflicts. 8. Notify adjacent communities and/or counties and the Iowa De- partment of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifica- tions to the Federal Insurance Administrator. [Ordinance 3973, 9/27/93] 9Notify the Federal Insurance Ad- ministration of any annexations or modifications to the City's bound- aries. 10. Maintain the accuracy of the community's Flood Insurance Rate Maps when; a. Development placed within the Floodway (Overlay) Dis- trict results in any of the fol- lowing: i. An increase in the Base Flood Elevations, or ii. Alteration to the floodway boundary b. Development placed in Zones A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or c. Development relocates or al- ters the channel. 11. Perform site inspections to ensure compliance with the standards of this Ordinance. 12. Forward all requests for Variances to the Board of Adjustment for consideration. Ensure all requests include the information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment. 206 Page 97 of 630 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 April 15, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as May 6, 2024, to approve a request by Cedar Valley Lawn Care for a Site Plan Amendment for a new commercial building in the "C-2" Commercial District and "C-2, C-Z" Conditional Zoning District located south of 4121 Alexandra Drive, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicants are requesting to build a 200' X 60' (12,000 square foot) commercial building south of 4121 Alexandra Drive. The building will primarily have steel siding, with the shorter portion being primarily beige and the taller portion being dark. The shorter height portion of the building will have one set of doors and windows on the front side, which faces west, while the taller height portion of the building will have 3 sets of doors and windows. The backside, which faces east, and the residences, the shorter height portion of the building will have two sets of windows, while the taller height portion of the building will have 1 set of windows and 1 standard door, 3 large roll -up doors, and 4 standard doors. The site plan shows 63 parking spaces. However, the exact number of spaces needed cannot be determined until the actual uses are determined. The 63 spaces appear to be more than many comparable buildings of this type, so staff feels the parking should be adequate for the building. A large number of new homes were built in 2015 east of the property; therefore, staff feels that additional landscape buffering will be needed along the east property line to buffer the residences, which should consist of understory trees that will grow in height to better buffer the homes that are higher up than the property in question. NEIGHBORHOOD IMPACT The request to construct a new commercial building could have a negative impact on the residential properties to the east therefore we are recommending additional landscaping to buffer the properties from the new building. DATA, ANALYSIS, AND STRATEGIES Page 98 of 630 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing is being held by the Planning, Programming and Zoning Commission on April 9, 2024 and notices were sent to all property owners within 250 feet. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel F, NW'/4, Section 11, Township 88 North, Range 13 West, City of Waterloo, Black Hawk County, State of Iowa, as recorded in Book 325, Page 371 in the Black Hawk County Recorder's Office. ATTACHMENTS 1. 04-09-24 SPA Commercial 2. South of 4121 Alexandra Drive - Site Plan Amendment - Overview Map 3. South of 4121 Alexandra Drive - Site Plan Amendment - Aerial Map 4. 20240228 - Alexandra Drive - FOR CONST - SIGNED (002) 5. Side elevation 1 6. Side Elevation 2 - redone 7. Side elevation 3 8. Site Plan Amend App Filled (002) Page 99 of 630 April 9, 2024 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: Request by Cedar Valley Lawn Care for a Site Plan Amendment for a new commercial building in the "C-2" Commercial District and "C-2, C-Z" Conditional Zoning District located south of 4121 Alexandra Drive. Cedar Valley Lawn Care, 5140 South Fork Lane, Waterloo, Iowa 50701 The applicants are requesting to build a 200' X 60' (12,000 square foot) commercial building with 63 parking spaces located on Alexandra Drive. The request to construct a new commercial building could have a negative impact on the residential properties to the east therefore we are recommending additional landscaping to buffer the properties from the new building. The proposed site plan amendment would not appear to negatively impact vehicular or pedestrian traffic conditions in the area. The project is served by Alexandra Drive, a private road that connects to Alexandra Drive and Southtown Drive, which are local streets. There are no trails or sidewalks in the immediate project area, although there are sidewalks on Southtown Drive, where new residential has been developed. The area in question has been partially zoned "C-2" Commercial District and has been zoned as such since the adoption of the Zoning Ordinance 2496 in 1969, and "C-2, C- Z" Conditional Zoning District has been zoned as such since the adoption of Ordinance 3951 on June 28, 1993. Surrounding land uses and their zoning designations are as follows: North — Commercial and Southtown Drive zoned "C-2" Commercial District South — Vacant land and US Highway 20, zoned "C-2,C-Z" Conditional Zoning District. East — Residential zoned "R-3, R-P" Planned Residence District. West — Home Depot store zoned "C-2" Commercial District and "C-2, C-Z" Conditional Zoning District. No screening is required in relation to this request. However, due to the proximity of the homes built in 2015 to the east, staff feels that a buffer of landscaping is needed to buffer those homes from the new development, and due to the homes being at a higher level than the property requesting the site plan amendment fencing would not provide an adequate buffer. SPA -Retail Center Page 1 of 9 Page 100 of 630 July 11, 2023 Picture 1: Existing building located north of the proposed building on Alexandra Drive. Picture 2: Looking southeast at the lot in question. SPA -South of 4121 Alexandra Drive. Page 2 of 9 Page 101 of 630 July 11, 2023 Picture 3: Looking toward the residences to the east. Picture 4: Looking northeast from Alexandria Drive just south of US Highway 20. SPA -South of 4121 Alexandra Drive. Page 3 of 9 Page 102 of 630 July 11, 2023 Picture 5: Looking east toward the Home Depot from the lot in question. DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. It will be necessary that a SWPPP plan and storm water detention plan be submitted to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area as the applicants do show a storm water management area on their site plan. Commercial and professional office built between 1981 and 1995, and residential in 2015. None of the property is located in the 100-year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0304F, dated July 18, 2011. There are no schools located in the immediate vicinity. There is an 8" sanitary sewer line located on Home Depot property just to the west of Alexandra Drive and there is a 12" private storm sewer located at the northwest corner of the property in Alexandra Drive that connects to a storm sewer on Home Depot property and there is a 8" storm sewer in Alexandra Drive located north of the proposed commercial building. SPA -South of 4121 Alexandra Drive. Page 4 of 9 Page 103 of 630 July 11, 2023 259.39' _- -'---------... ---881--- 7 '' 1 _-N -.z_----869-889-- -',-r-_'.-;'i_ -Y - __«` ,ti,\1C1-VC\ r ICI-.,- RH---"----- . 1 I i I I{ I li 1. 1 - ' . 1.1 l� 1 !1_1-L1-F L Ir Tom, m rl , /, (r (r ! 1�� II 1 1 7 1 i l r i y l'I flt+ttl I 1 j 9A9M ,�1,�`�1- i I _ _ 865-.' i' 1 I $p 3S 1 I 1 - _ _----881-------------_-_-'-j�1 rsam ------------- ---_-893---_- 20' / I 75.54' 11 1 4 1 1 1 1 1 1 F FOUNO 1/2' RERAR IN/ YELLOYIPLASM CAP, EMBOS9511 L565O5 FOUND 1/2' MBAR SPA -South of 4121 Alexandra Drive. Page 5 of 9 Page 104 of 630 July 11, 2023 .,n.Ro,H.,,._ 11..p. a.._PPCUTO NOIIVA3131 1 1 Z 0 }'� �� i z a �� E LJ ne 1NVN31-il1f1W r v z 0 VM0I'OOi2:131VM NI COVER SHEET FEBROARY 1. 2024 A001 De'mRCRR oRu WORKING DRAWINGS NOT FOR CONSTRUCTION MULTI -TENANT BUILDING WATERLOO. [OWA 0.040. EMERGENT ♦RCHITECIURE SPA -South of 4121 Alexandra Drive. Page 6 of 9 Page 105 of 630 July 11, 2023 M^ - i i V ■ r 41111111 SPA -South of 4121 Alexandra Drive. Page 7 of 9 Page 106 of 630 July 11, 2023 RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: The Future Land Use Map designates this area as Commercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicants are requesting to build a 200' X 60' (12,000 square foot) commercial building south of 4121 Alexandra Drive. The building will primarily have steel siding, with the shorter portion being primarily beige and the taller portion being dark. The shorter height portion of the building will have one set of doors and windows on the front side, which faces west, while the taller height portion of the building will have 3 sets of doors and windows. The backside, which faces east, and the residences, the shorter height portion of the building will have two sets of windows, while the taller height portion of the building will have 1 set of windows and 1 standard door, 3 large roll -up doors, and 4 standard doors. The site plan shows 63 parking spaces. However, the exact number of spaces needed cannot be determined until the actual uses are determined. The 63 spaces appear to be more than many comparable buildings of this type, so staff feels the parking should be adequate for the building. A large number of new homes were built in 2015 east of the property; therefore, staff feels that additional landscape buffering will be needed along the east property line to buffer the residences, which should consist of understory trees that will grow in height to better buffer the homes that are higher up than the property in question. The applicants are not planning to subdivide the property. Therefore, staff recommends that the request by Cedar Valley Lawn Care for a Site Plan Amendment for a new commercial building in the "C-2" Commercial District and "C-2, C-Z" Conditional Zoning District located south of 4121 Alexandra Drive. be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would appear not appear to have a negative impact on traffic conditions in the area. SPA -South of 4121 Alexandra Drive. Page 8 of 9 Page 107 of 630 July 11, 2023 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. The final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc. 2. That east property line is landscaped in order to provide a buffer with the residential properties to the east, with understory trees spaced a maximum of 30 feet apart. SPA -South of 4121 Alexandra Drive. Page 9 of 9 Page 108 of 630 City of Waterloo Planning, Programming and Zoning Commission April 9, 2024 South of 4121 Alexandra Drive Site Plan Amendment Cedar Valley Lawn Care f7...... 1 nCl ..F GOn City of Waterloo Planning, Programming and Zoning Commission April 9, 2024 Location of proposed building. South of 4121 Alexandra Drive Site Plan Amendment Cedar Valley Lawn Care Pnnr 1 1 O of 63 N W 46_ NO of WATT A e �-.. �� o ` �� tr 6 O 9S 7V11 WATERLOO BLACK HAWK COUNTY LI.,11,1111". autanummaip mmommar a111■■■■■111111r STATE OF IOWA THE CITY OF WATERLOO, IOWA 715 Mulberry St. Waterloo, Iowa 50703 cityofwaterlooiowa.com City Hai 319.291.4323 Planning & Zoning 319.291.4366 Engineering 319.291.4312 Street Dept. 319.291.4267 Traffic Operations 319.291.4440 Waste Water 319.291.4553 Water Works 319.232.6280 DEVELOPER CEDAR VALLEY LAWN CARE INC 5140 SOUTHFORK LANE WATERLOO, IOWA 50701 OWNER: RANDY VANDERSEE 319.266.8500 CIVIL ENGINEER BREWER CIVIL, LLC 2920 McCLAIN DRIVE CEDAR FALLS, IOWA 50613 ENGINEER: NICK BREWER, PE 319.575.2725 ALEXANDRA DRIVE OFFICES IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA NEW COMMERCIAL DEVELOPMENT 4205 ALEXANDRA DRIVE PN: 23022 v 3 <' RA WOOD RD s• G� w LL 3 wllD'2 0 RD o o v9 PIAIMUNO DR �k 1RROOKE DR 3 gffi R� RLw 2 g Yi L�jf SOUTIrtOWN d z HINAMI CIR 2' RDMI ,'0.4� DR SE RD SONYA DR 4 Q E SAN MNUNN D0. r� I � /.„,,o lMXHEIEN 8`w 20 -® 10 1 GS 3 PROJECT „ LOCATION it HOLSTEIN (j4 iERSEv w U SHAULIS RD E ITSEON PL LOCATION MAP WATERLOO, IOWA NTS BREWER Sheet List Table Sheet Number Sheet Title C0.1 Title Sheet C0.2 Site Development Plan C0.3 General Notes & Applicable Specifications C1.1 Utility Plan C1.2 Water Service Plan - Directional Bore C2.1 Paving Plan - South C2.2 Paving Plan - North C3.1 SWPPP Plan - Initital Disturbance C3.2 SWPPP - Construction Phase C4.1 Landscape Plan ®IOWA= ONE CALL 1-800-292-8989 www.iowaonecall.com 811 c*below. ane.,.. N. e. THE SITE IMPROVEMENTS SHOWN WITHIN THIS PLAN SHALL BE CONSTRUCTED IN CONFORMANCE WITH THE 2024 VERSION OF THE URBAN STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, ALSO KNOWN AS SUDAS (2024), AS AMENDED BY THE CITY OF WATERLOO, AND, IF PROVIDED, PROJECT SPECIFIC SUPPLEMENTAL SPECIFICATIONS. co.1 02/28/2024 FOR CONST \\\� �FESS Ip1 ii \�`QF� ° ° ° ° ° tiy� \ZO°° Licensed °o,-Z�% w . 28034 ' Z = _0 o Nicholas C : m_ k5 ° Brewer ° - w*° ° iiq /OIWP \\o`'' 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. Nicholas C Brewer, P.E. LICENSE NO. 28034 // 44 With 2 g_ 02/28/2024 Signature My License renewal date Pages or sheets covered by this Date is: DECEMBER 31, 2024 seal: 'C' SHEETS Page 111 of 630 FOUND 1/2" REBAR w/ YELLOW PLASTIC CAP, EMBOSSED LS65p5 259.39' a�1 -- c__------- �_�-�� \ \ \ \ i I - i II 1 `i'1 1 1 I 1 - I � I I I{ I I i I .� SW I I �NT10 BA 885->_0, I r l 3, 3 35' i 1 I 1 I OE ---_----�886 ----- --- -/ / 1‘ 6` \ \`� 1- -- / v•_ 888889 T / / / / I-- ------------- I I I 11 ri�T1 I I I -891 - - 892 - ----- 893 ---------- 894 / / / / - / / / \ / / / / 75.54' / /1 , iI II l II I 1 I..L IIII �1111�1111 1.1111{ /4Ilillri IIII r //�til I 64.161�/� I/� r II111, III I I`•1 i' ' 1i I 1 I d I I%I1 I 1171`11 I l 11y / j. � l l l I 1 1 I I I I I I IC/ I� 'w I I, 1IIIIII�IIII eI i/l i 1 I 71, �- J �7 I // 260.99' <SD FOUND 1/2" REBAR 264 0' 20' 40' SITE ADDRESS: 4205 ALEXANDRA DRIVE PARCEL DESC.: PARCEL 'F' PER PLAT OF SURVEY IN BOOK 325, PAGE 371 AT THE BLACK HAWK COUNTY RECORDER'S OFFICE. PARCEL ID: 881311103014 OWNER: CEDAR VALLEY LAWN CARE INC 5140 SOUTH FORK LANE WATERLOO, IOWA, 50701 DEVELOPER: RANDY VANDERSEE 5140 SOUTH FORK LANE WATERLOO, IOWA, 50701 ZONING: C-2 COMMERCIAL [PER BLACK HAWK CO. GIS] PERMITTED USE: MULTIPLE LOT SIZE: ±100,507 SF / ±2.31 ACRE SETBACK REQUIREMENTS: FRONT: 20'. REAR: 35' SIDE: SAME AS R-4 / 5'. LOT AREA UTILIZATION BUILDING FOOTPRINT: 12,059 S.F. (12.0%) TOTAL PAVEMENT & SIDEWALKS: 45,606 S.F. (45.4%) TOTAL VEGETATED SURFACE: 42,842 S.F. (42.6%) PARKING REQUIRED PER ORDINANCE 5079 CHAPTER 10-25-2, D.10. C-2 1 PARKING SPACE PER 250 SF AND 1 PER 2 EMPLOYEES ON THE MAXIMUM SHIFT. EXPECTED PARKING NEEDS: 1 PER 250 SF: 48 SPACES EMPLOYEES: 12 SPACES TOTAL EXPECTED: 60 SPACES PROVIDED PARKING = 63 SPACES FLOOD PLAIN: ZONE X PER FIRM MAP 19013C0304F, EFF. 7/18/2011 STORM WATER MANAGEMENT: 100-YEAR DEVELOPED DETENTION WITH 5-YEAR PRE -DEVELOPED RELEASE RATE. ix W W cz V SITE DEVELOPMENT PLAN ALEXANDRA DRIVE OFFICES PN: 23022 RANDY VANDERSEE CO.2 02/28/2024 FOR CONST Page 112 of 630 TRAFFIC CONTROL 1. CONTRACTOR SHALL BE RESPONSIBLE FOR PERFORMING ALL TRAFFIC CONTROL MEASURES IN ACCORDANCE WITH ALL APPLICABLE JURISDICTIONAL REQUIREMENTS. GENERAL NOTES 1. ALL WORK SHALL CONFORM TO AND BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE CODES AND ORDINANCES. 2. THE SITE IMPROVEMENTS SHOWN WITHIN THIS PLAN SHALL BE CONSTRUCTED IN CONFORMANCE WITH THE 2024 VERSION OF THE URBAN STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, ALSO KNOWN AS SUDAS (2024) AS AMENDED BY THE CITY OF WATERLOO UNLESS SPECIFICALLY STATED OTHERWISE IN THESE PLANS, THE PROJECT MANUAL (IF APPLICABLE), OR CITY AND OTHER APPLICABLE ORDINANCES. THIS INCLUDES, IF PROVIDED, PROJECT SPECIFIC SUPPLEMENTAL SPECIFICATIONS. 3. ANY QUANTITIES SHOWN ON THE CIVIL (C) SHEETS ARE TO ASSIST THE BIDDER. THE BIDDER/CONTRACTOR SHALL MAKE A FINAL DETERMINATION OF THE QUANTITIES REQUIRED TO COMPLETE THE WORK AND THE BID SHALL BE ON THE BASIS OF THE BIDDER/CONTRACTOR'S OWN CALCULATIONS. ANY COMMENT RELATED TO QUANTITY OR PAYMENT ON THE CIVIL SHEETS IS SOLELY PROVIDED TO ASSIST THE BIDDER/CONTRACTOR IN THE PREPARATION OF BIDDING AND SHALL NOT BE CAUSE FOR CHANGE ORDER REQUEST. 4. CONSTRUCTION SURVEY FOR THIS PROJECT SHALL BE PROVIDED BY THE <OWNER OR CONTRACTOR>. 5. THE CONTRACTOR SHALL NOTIFY ALL APPROPRIATE ENGINEERING DEPARTMENTS AND UTILITY COMPANIES PRIOR TO CONSTRUCTION. ALL NECESSARY PRECAUTIONS SHALL BE TAKEN TO AVOID DAMAGE TO ANY EXISTING UTILITY. IOWA CODE 480, UNDERGROUND FACILITIES INFORMATION, REQUIRES NOTICE TO IOWA ONE CALL (1-800-292-8989) NOT LESS THAN 48 HOURS BEFORE EXCAVATION, EXCLUDING WEEKENDS AND LEGAL HOLIDAYS. 6. THE LOCATION OF EXISTING UNDERGROUND UTILITIES AND ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED BY THE OWNER OR ITS REPRESENTATIVE. THE CONTRACTOR SHALL, AT ITS OWN EXPENSE, LOCATE AND DETERMINE THE UNDERGROUND UTILITIES ON THE PROJECT SITE. THE CONTRACTOR ASSUMES RESPONSIBILITY FOR ANY AND ALL DAMAGES WHICH MIGHT OCCUR BY THE CONTRACTOR'S FAILURE TO LOCATE AND PRESERVE ANY UNDERGROUND UTILITIES. 7. THE CONTRACTOR SHALL VISIT THE PROJECT SITE PRIOR TO BIDDING TO BECOME FULLY FAMILIAR WITH THE EXISTING CONDITIONS OF THE SITE. FAILURE TO VISIT THE SITE SHALL NOT RELIEVE THE CONTRACTOR FROM PERFORMING THE WORK IN ACCORDANCE WITH THESE DRAWINGS. 8. THE CONTRACTOR SHALL VERIFY AT THE SITE, ALL DIMENSIONS AND CONDITIONS SHOWN ON THE DRAWINGS, AND SHALL NOTIFY THE ENGINEER OF ANY DISCREPANCIES, OMISSIONS, AND/OR CONFLICT PRIOR TO PROCEEDING WITH THE WORK. 9. DRAWING DIMENSIONS SHALL GOVERN OVER SCALING OF DRAWINGS. LARGE SCALE DRAWINGS SHALL GOVERN OVER SMALL SCALE DRAWINGS. NOTES AND DETAILS ON THE DRAWINGS SHALL APPLY TO ALL SIMILAR CONDITIONS WHETHER THEY ARE REPEATED OR NOT. 10. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TO EXISTING FACILITIES OUTSIDE THE CONSTRUCTION LIMITS RESULTING FROM NEGLIGENCE. 11. CONTRACTOR SHALL PROTECT EXISTING FACILITIES, BUILDINGS, AND OTHER APPURTENANCES NOT TO BE REMOVED FROM THE SITE DURING THE CONSTRUCTION ACTIVITIES. 12. CONTRACTOR SHALL CONFINE WORK TO THE CONSTRUCTION LIMITS AND EASEMENTS PROVIDED OR EASEMENTS OBTAINED. COPIES OF ANY EASEMENTS THE CONTRACTOR OBTAINS FOR CONSTRUCTION WORK ON THIS PROJECT SHALL BE PROVIDED TO THE OWNER. 13. CONTRACTOR SHALL SUBMIT A DETAILED CONSTRUCTION SCHEDULE AND STAGING PLAN A MINIMUM OF TWO (2) DAYS PRIOR TO THE PRECONSTRUCTION MEETING. 14. CONTRACTOR SHALL NOT INTERRUPT ACCESS TO OTHER PROPERTIES, WHERE INGRESS/EGRESS IS PERMITTED, DURING CONSTRUCTION. 15. CONTRACTOR SHALL INSTALL INITIAL EROSION CONTROL MEASURES FOR INSPECTION BY THE CITY PRIOR TO EARTH MOVING ACTIVITIES. 16. CONTRACTOR SHALL COORDINATE TEMPORARY DISRUPTION OF UTILITY SERVICES WITH THE CITY OF WATERLOO, AFFECTED UTILITY COMPANIES, AND/OR AFFECTED PROPERTY OWNERS WHEN UTILITY SERVICES ARE INTERRUPTED DUE TO CONSTRUCTION ACTIVITIES ON THIS PROJECT. 17. TYPE A COMPACTION SHALL BE REQUIRED FOR EXCAVATION/EMBANKMENT WORK ON THIS PROJECT. ADDITIONAL COMPACTION REQUIREMENTS MAY BE REQUIRED FOR BUILDING CONSTRUCTION. REFER TO APPLICABLE SPECIFICATIONS FOR THAT WORK. 18. PROPOSED LINEWORK IS PROVIDED IN .DWG FORMAT AND THE EXISTING AND PROPOSED SURFACES ARE PROVIDED IN .XML FORMAT FOR BIDDING PURPOSES. NO OTHER ELECTRONIC DATA WILL BE PROVIDED FOR BIDDING PURPOSES. ALL ENTITIES WHO CHOSE TO USE THESE ELECTRONIC DOCUMENTS WHETHER ISSUED FOR BIDDING OR ISSUED DURING CONSTRUCTION SHALL ASSUME RESPONSIBILITY FOR ENSURING ITS ACCURACY TO THE CONSTRUCTION DOCUMENTS AND SPECIFICATIONS. 19. THE CONTRACTOR WILL BE PROVIDED WITH THE STORM WATER POLLUTION PREVENTION PLAN AND ACCOMPANYING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM GENERAL PERMIT NUMBER 2 (SWPPP) DOCUMENTS. CONTRACTOR SHALL BE RESPONSIBLE FOR SWPPP MANAGEMENT, INSPECTIONS, MAINTENANCE, EXECUTION, AND REMOVAL OF DEVICES. IN ADDITION, CONTRACTOR SHALL SUBMIT 'NOTICE OF DISCONTINUATION' TO THE IOWA DNR AT TIME SITE IS CONSIDERED FULLY ESTABLISHED, SUBJECT TO CITY APPROVAL. APPLICABLE SUDAS SECTIONS: Iowa Statewide Urban Design and Specifications (SUDAS) is available publicly at https: //iowasudas.org The following specifications sections are brought to the attention of the contractor for work on this project. Exclusion from this list shall not exempt other sections from applicability to work on this project. For all items called out in subsection 1.08 MEASUREMENT AND PAYMENT, '1. Measurement:' and '2. Payment:' shall be excluded. '3. Includes:' shall still apply to all sections. Any reference to 'Unit price' or similar context shall refer to The Contract arrangement for payment in the Project Manual for this project. EXAMPLE: where a 6" Gate valve is called out in the Plans all incidentals under Division 5, Section 5020, Part 1, Sub Section 1.08, A., 3, shall apply. DIVISION 2: Earthwork 2010: Earthwork, Subgrade, and Subbase DIVISION 3: Trench Excavation and Backfill 3010: Trench Excavation and Backfill 3020: Trenchless Construction (Boring, Jacking, and Tunneling) DIVISION 4: Sewers and Drains 4010: Sanitary Sewers 4020: Storm Sewers 4060: Cleaning, Inspection, and Testing of Sewers DIVISION 5: Water Mains and Appurtenances 5010: Pipe Fittings 5020: Valves, Fire Hydrants, and Appurtenances 5030: Testing and Disinfection DIVISION 6: Structures for Sanitary and Storm Sewers 6010: Structures for Sanitary and Storm Sewers 6030: Cleaning, Inspection, and Testing of Structures DIVISION 7: Streets and Related Work 7010: Portland Cement Concrete Pavement 7030: Sidewalks, Shared Used Paths, and Driveways DIVISION 8: Traffic Control 8020: Pavement Markings 8030: Temporary Traffic Control DIVISION 9: Site Work and Landscaping 9010: Seeding 9030: Plant Material and Planting 9040: Erosion and Sediment Control 9060: Chain Link Fence Division 11: Miscellaneous 11,010: Construction Survey 11,050: Concrete Washout APPLICABLE SUDAS DETAILS: Iowa Statewide Urban Design and Specifications (SUDAS) is available publicly at https://iowasudas.org The following details are brought to the attention of the contractor for work on this project. Exclusion from this list shall not exempt other details from applicability to site work on this project. DIVISION 2: Earthwork 2010.101 - DETAILS OF EMBANKMENTS AND REBUILDING EMBANKMENTS 2010.102 - DESIGNATION OF ROADWAY EARTHWORK ITEMS DIVISION 3: Trench Excavation and Backfill 3010.101 - Trench Bedding and Backfill Zones 3010.103 - Flexible Gravity Pipe Trench Bedding 3010.104 - Pressure Pipe Trench Bedding DIVISION 4: Sewers and Drains 4010.201 - Sanitary Sewer Service Stub 4010.203 - Sanitary Sewer Cleanout 4020.211 - Storm sewer Pipe Connections DIVISION 5: Water Mains and Appurtenances 5010.101 - Thrust Blocks 5010.102 - Tracer System 5010.901 - Minimum Clearance Between Water Service and Structure 5020.201 - Fire Hydrant Assembly DIVISION 7: Streets and Related Work 7010.101 - Joints 7010.102 - PCC Curb Details [6" Standard Curb] 7010.904 - Typical Jointing Layout 7030.102 - Concrete Driveway, Type B [With Radii] 7030.202 - Curb Details for Class A Sidewalk [Detail 3] DIVISION 8: Traffic Control 8030-102 - Work off of Pavement with Minor Encroachment onto Traveled Way 8030.104 - Lane Closure on Low Volume Street (Self -Regulating) DIVISION 9: Site Work and Landscaping 9030.101 - Planting Pit 9030.102 - Tree Staking, Guying, And Wrapping 9040.102 - Filter Berm and Filter Sock 9040.103 - Rolled Erosion Control Product (RECP) Installation on Slopes 9040.104 - Rolled Erosion Control Product (RECP) Installation in Channel 9040.105 - Rip Rap for Pipe Outlet onto Flat Ground 9040.111 - Rap Rap Apron for Piope Outlet into Channel 9040.114 - Sediment Basin with Emergency Spillway 9040.119 - Silt Fence 9040.120 - Stabilized Construction Entrance 9060.101 - Chain Link Fence 9060.102 - Chain Link Gate Cg W W, cz V GENERAL NOTES & APPLICABLE SPECIFICATIONS ALEXANDRA DRIVE OFFICES PN: 23022 RANDY VANDERSEE CO.3 02/28/2024 FOR CONST Page 113 of 630 12" RCP 25 LF @ 1.00% 11 CONNECT TO EXITING -100 FL IN = 883.95, 12 RCP [E] SD A SD-S201 - 18 " PolyBasin-Flat Lid Casting RIM = 890.41 FL OUT = 886.32 15" HDPE [N] FL IN = 887.24, 15" HDPE [S] SAN SAN 7 N 893_ �9] I0.� SEE SHEET C1.2 FOR WATER SERVICE NORTH OF SUBJECT PROPERTY I II H-88. 15" HDPE z---------889_ - 1 - 17 LF @ 1.26%_ - - 890- -7` _891 892 ----894 ---- --- LOT DRAIN ACROSS/sg1 REMOVE EXISTING HICKENBOTTOM AND ASSOCIATED UNE WHEN NEW BASIN AND OUTLET IS CONSTRUCTED ------------------ 887-- --- -888- ----_ l -889-889 = - �__ --- - - -888 ---___-�- - - -887------------------- ___ = 886- SD-S101 - 18" POLY BASIN -FLAT GRATE _„,- RIM - 888.40 _ FL FL OUT = 884.20, 12" RCP [W] - - - - - - -I PLACE -EROSION STONE AROUND OUTFALL,-- -STRUCTURE AND AROUND OUTLETI• FL=886.10, 15". _ _ _ 8 86 °'- - - - _i 887-------- - - 888- /RIVE ENTRANCE, SEE ETAIIV/THIS SHE f - 7 / ✓- / I / / SD-S202 - 18" POLY BASIN W. 2'x3 RIM = 893.51 / FL OUT = 888.88, 15" HDPE [N] / FL IN = 888.98, 15" HDPE [S] / I I / / I / I 1 1 � I / CI // I _ - 1 1 1 / I 1.637' 2 POLY,(TR SEIVICE . SAN l SAN �� SAN SAN I I I CV I / \ SD-S203 - 18" POLY BASIN W. 2'x3' RIM = 894.00 FL OUT = 890.04, 15" HDPE [N] URB-CAS11NG LOWER UTILITY SERVICE. COORDINATE w/ UTILITY__ 260.99 -898 -"899----- / g00_ - 901" _ 902 ' - =UE_�90.1 904 1111 / I gas- a I COI jvO, (ljll 71111 IIiIII 1IIIII, I II�111 I III iI 'I III;I1 \± I 1 1, 1 JI i 1 I I I I I III I IIII / I I/I I I I 1 11/IIII I i111�(I I I/I/II/1 / I II I11/I/1 i / 1111111j 11111Il1) 1 1 I 1111I1111i1 I1111 � , I il Hi 'I`0-11,'I 1 i11i 1 11 71,11111111p Ic'111iI1I iL;I;1 p 4lliligili1 llll11I J1j1I1,1IIl11,frJfr1/ORill //I.IT 0o,,,ll/ 1111 '1 1 ,I II Il l 1 I� 11 / PLACE EROSION STONE CHANNEL ALONG WASHOUT. NOTE PROPOSED CONTOURS SHAPED TO PROVIDE A CHANNEL TO DIRECT FLOW FROM EAST INTO BASIN. LSD-�SD�SD�SD- / 4J FL = 889.30, 15" PLACE EROSION STONE AROUND OUTLET AND UP SLOPE 0' 20' 40' \ SD-S301 - 18" POLY BASIN W. 2'x3' CURB CASTING RIM = 894.63 FL OUT = 890.70, 15" HDPE [N] PROPOSED RETAINING WALL ALONG SOUTH PROPERTY LINE. m TYPE & DESIGN BY OWNER. PROPOSED GRADE UNE f TOPO GRADE o 4L Y' I o. Y -INV. OUT = 884.2 FILLET 7 ]OP STRUCTURE = 888.40 _ -/ TOP WIER = 888.09 (100yr INUNDATION) FLAT, OPEN GRATE TOP (NOT DEPICTED) PLACE 3" CLEAN STONE AROUND 7-4- STRUCTURE AS DEPICTED TO ACT AS FILTER TO PREVENT PLUGGING OF HOLES INV. 7.0" HOLE = 886.05 (WEIR) 9 ROWS 4"O.C. OF 1.5" HOLES 4 HOLES PER ROW ST ROW INV = 884.30 NV 2" HOLE = 884.25 (WEIR) BOTTOM STRUCTURE = 882.40 OUTFALL STRUCTURE DETAIL W W cc r 891.43� 890.71 887.39 22.68' SLOT DRAIN DURASLOT / EQUIVALENT 888.12 SLOT DRAIN DETAIL NOTES: 1. ALL HDPE DRAINAGE PIPE SHALL BE OF DUAL WALL CONSTRUCTION UNLESS SPECIFICALLY SPECIFIED OTHERWISE. 2. STORM PIPING SHALL BE RCP WHERE PLACED WITHIN CITY RIGHT OF WAY. 3. WATER UNE SHALL BE BURIED TO MAINTAIN 6' COVER. 4. CONTRACTOR SHALL FIELD VERIFY LOCATION, ELEVATION, AND MATERIAL OF ALL WATER, STORM, AND SANITARY CONNECTIONS. 5. CONFIRM WATER SERVICE ENTRANCE LOCATION TO BUILDING WITH ARCHITECTURAL AND MECHANICAL PLANS. 6. COORDINATE CONNECTION TO MUNICIPAL WATER MAIN WITH WATERLOO UTILITIES STAFF. 7. SANITARY SERVICE SHALL BE INSTALLED WITH TRACER WIRE. PLACE TRACER STATION AT CLEAN OUT WHERE SERVICE EXISTS BUILDING. 8. PLACE LIGHT POLES, IF PROVIDED, 3' CLEAR FROM EDGE PAVING/BACK OF CURB. z J 11 >- H ALEXANDRA DRIVE OFFICES w ce 0 z N Z z i c1.1 02/28/2024 FOR CONST Page 114 of 630 o> SD> sI 1N > SAN > Sm S .I FULL DEPTH PATCH REQUIRED FOR WATER SERVICE TAP. ASSUMED TO BE 63 SF CONNECT TO EXISTING DIP WATER MAIN WITH BRASS CORP AND ' STAINLESS STEEL SADDLE. SOUTHTOWN DRIVE (PUBLIC ROW) w RECORDS INDICATE 8" WATER MAIN —w w INSTALL VALVE BETWEEN TAP AND METER PIT 48" x 48" WATER METER PIT w/ 36"x36" ACCESS PORT. PROVIDE 12"X12" SUMP IN FLOOR OF STRUCTURE. WATER METER, WIRE AND SMART POINT TO BE PROVIDED BY UTILITY & INSTALLED BY CONTF ADDITIONAL VALVE TO BE INSTALLED ON EFFLUENT SIDE OF METER. 2" POLY SERVICE, DIRECTIONAL BORED PROPOSED 5' EAST OF CURB, ADJUST AS REQUIRED DUE TO LECTRIC AND OR OTHER UTILITY CONFLICTS. s CONFINE WORK TO INGRESS/EGRESS & UTILITY EASEMENT i 88, 259.39'fr aa� aaa SUBJECT PROPERTY • % r +r�88 �� salso# V ACTOR. 0' 20' 40' 36" x 36" ACCESS PORT. USE CAST IN PLACE OR BOLT IN PLACE PORT. IF BOLT IN PLACE, USE BITUMINOUS SEAL TO PREVENT WATER INTRUSION CONSTRUCT METER PIT STRUCTURE WALL THICKNESS AND REINFORCEMENT IN CONFORMANCE WITH SW-402 OPENINGS FOR INFLUENT AND EFFLUENT PIPE FLOWS Alp ► 12"x12"x12" SUMP 12" SPACE BETWEEN FLOOR AND INVERT TO ALLOW FOR SUPPORTS WATER METER PIT SECTION VIEW POURED FLOOR FILLET NOTES: 1. WATER LINE SHALL BE BURIED TO MAINTAIN 6' COVER. 2. CONTRACTOR SHALL FIELD VERIFY LOCATION, ELEVATION, AND MATERIAL OF ALL WATER, STORM, AND SANITARY CONNECTIONS. 3. CONFIRM WATER SERVICE ENTRANCE LOCATION TO BUILDING WITH ARCHITECTURAL AND MECHANICAL PLANS. 4. COORDINATE CONNECTION TO MUNICIPAL WATER MAIN WITH WATERLOO UTILITIES STAFF. ce W ,1 o W ix o co ,VI WATER SERVICE PLAN - DIRECTIONAL BORE ALEXANDRA DRIVE OFFICES PN: 23022 RANDY VANDERSEE C1.2 02/28/2024 FOR CONST Page 115 of 630 / —< SAN —<SAN / c'9S / ep, 9 895.60 TS 8% 896.55 S 7 1\ 69s9\,, / A7 cb / 59 6I6 690" 0.577 0\ / / ;k. 2.50%1 75 0°j 60 �h �U88% X _ —s —< Sw / / / \ X / \ /\ \ �� 69s / 0° • s 9° 1.00% 0° \ 3.00% 6TS�0° 0.88%_ j % I u 9 Ui/y� U�_ �5 5 ��h0• � h`ti <1' 977 \ e- 1.54% ( °3"°. 1.97% 01 o 10 rn N _<)----- )— ` N J Illr 9,03). ,03 • 1.60% A---- corto ADA SIGN MOUNTED TO BUILDING PAVEMENT SYMBOL, TYPICAL IADOT PM-111 [HYPERLINK] / / / e / 11E :.V \ p� o CLASS A SIDEWALK, DETAIL 3 (RAISED FACE SIDEWALK) SUDAS 7030.202 [HYPERLINK] 0.75%_ - — �9SQ— — — —898— _ - 6\SQ 7 STs 6Ts °`'.. ,1- 9,, _,---�75% / x6 5 �8% 9,0°� ' 0.71% 0.41 % UE iE— 7 _g00 rn gp3- UE— UE /—UE co 009 — 75 i 'S° / i co / 9°' 0 50% c c Tc 260.99' 0.77% 69A / 4 \5 Ja 4 rt �E 1 J'15��./ 0.517; o 6" STD. CURB, TYPICAL SUDAS PV-102 [HYPERLINK] 59 ti ::::: e i I l-{01: eV .54 '� • !lyI 1 J v � kil �a Oat illW j'• r ///// MP- DUMPSTER LOCATION / PAD 4• PROPOSED RETXINING WALL ALONG SOUTH PROPERTY UNE. TYPE & DESIGN BY OWNER. o' 10' 20' PAVEMENT HATCHING LEGEND PCC PAVEMENT, 6" PCC ON 6" MODIFIED SUBBASE (REPRESENTS PR. PAVEMENT ALL OTHER SHEETS) PCC SIDEWALK, 5" PCC ON 4" MODIFIED SUBBASE (OVERLAY HATCH) PCC PAVEMENT, 8" PCC ON 6" MODIFIED SUBBASE (OVERLAY HATCH) TURNING SPACE (OVERLAY HATCH) SIDEWALK RAMP (OVERLAY HATCH) (OVERLAY HATCHING ONLY UTILIZED ON PAVING PLAN SHEETS) ADA CODE SUMMARY: TURNING SPACE: A PAVED SURFACE NOT EXCEEDING 2% SLOPES IN ANY DIRECTION RAMP: ANY INCLINE EXCEEDING 1:20 (5%) BUT SHALL NOT EXCEED 1:12 (8.33%) LONGITUDINALLY. HANDRAILS REQUIRED: HANDRAILS REQUIRED ON ANY RAMP WITH AN ELEVATION CHANGE GREATER THAN 6" PAVEMENT NOTES: 1. SIDEWALKS ARE DESIGNED AT 1.5% CROSS SLOPE OR LESS. AS CONSTRUCTED CROSS SLOPS SHALL NOT EXCEED 29 2. CARE SHALL BE TAKEN TO INSTALL WALKS IN ACCORDANCE WITH THE SURFACE DESIGN HEREIN. 3. END STALLS ARE 10' WIDE MEASURED FROM BACK OF CURB TO CENTER PAVEMENT MARKING. STANDARD STALLS ARE 9' WIDE MEASURED CENTER TO CENTER OF PAVEMENT MARKING. HANDICAP STALLS ARE AS NOTED. PROVIDE AND INSTALL HANDICAP PARKING SIGNS. SIGNS SHALL BE ALUMINUM ON GALVANIZED STEEL SQUARE TUBE UNLESS MOUNTED TO BUILDING. ix W W, ce m _ V PAVING PLAN - SOUTH ALEXANDRA DRIVE OFFICES PN: 23022 RANDY VANDERSEE C2.1 02/28/2024 FOR CONST Page 116 of 630 sal \ e5 <SD 'SD <SD—'7- < W z w O CI CC N. CC CO o� U VI 7 8�9 / 3% c9'90 co / 1 1 1 . " I �90 4.04% I 78 I I�I1ITS / 1 /I i I 11 1 VI/ 20' I I 1-1-1 i I N I > I i i C i I Ie // I A Q s,\ i / I/ 1 4 Z i m I 89 1 Q I 1'sl' X I �Tc �0, 2.83% J Irn 0 J I 1 Q I1 AI I I m / I I W I �I v 1 imlr,l I 1 I 10I 7. 92 i N I N mcP w I I 6 I i I Z 1 I 1 / I A/ I ' II/ I� ��9 1 45 IS/ IoI 0 v I 62i 9, 1.29% —< SAN ( SAN / / --8g3\ / I�x SAN 90 c I / 11 4 / 90 / 3yT II _� -= % WOW .Iyg ?I !•!. Set 40-1,1 I -- 886--- —� sal --=------- 888------------ — -889 i - 89 -7" -CURB RUNOUT, 2'-3', TYPICAL - - -891- _ _ SUDAS PV-102 [HYPERUNK] 6" STD. CURB, TYPICAL SUDAS PV-102 [HYPERUNK] c\C, i _�G-- c,- __----.`G g�` / / tbati / - �a �,':— C9: y5o% �9 • QQ // T3, TS, 387✓ 90 / 7.50% /,-.2 9,, 5.50%/ / / I I`��, // 7 / I II,S s // / / 1 1/ �� 1 /� m / ICJ / /�/ // �5- / �/ �Gj / i / � / 00 / / __ i 4 / ,,`,6/5 4 ��1' 64 0�� 4.79,/ q0`). 0k i' / / x / / �9),// / // I c / / / �k / °. / / 4)./ 0/ 1 / ii RI. ¢S ",�c)/ / N ; ey 4;y /,5 fbA 4 Id 7 3.00% 2.50% x% I / 1 , 24' - I 20' 1.25% 0 'r —< SAN SAN < SAN T SRN I I \\\ 0 / ESQ I.02% —G / -7 49 B I___ O �_- �� 1.31 % 893 CLASS A SIDEWALK, DETAIL 3 (RAISED FACE SIDEWALK) SUDAS 7030.202 [HYPERUNK] ADA SIGN MOUNTED TO BUILDING PAVEMENT SYMBOL, TYPICAL IADOT PM-111 [HYPERLINK] h 15.06% Q 1 6'52 ill I II I II I I I I 7 0/ 1 I 1 � I I III I I I I I I III 1 I I I 1 1 I I I I I 17 I III I III I J I 1,/ I I IJ I I /II 4 II I I I%I '1 1/ I IJ I,(I I 11 I;I I 1j I jI if 1 1 /I 11 I I / I1 I /1 / 11 i1 II 1 II /1 I I 1 1 i 11 i1 II 1 I 1 /1 I 11 1 11 11 1111 11 1 11 II 111 11 111 II 1111111 1:1yill I I I �Ifi 11 Il d 1! 1 11 d I 1 I ,1 II 11 //// 0' 10' 20' PAVEMENT HATCHING LEGEND PCC PAVEMENT, 6" PCC ON 6" MODIFIED SUBBASE (REPRESENTS PR. PAVEMENT ALL OTHER SHEETS) PCC SIDEWALK, 5" PCC ON 4" MODIFIED SUBBASE (OVERLAY HATCH) PCC PAVEMENT, 8" PCC ON 6" MODIFIED SUBBASE (OVERLAY HATCH) TURNING SPACE (OVERLAY HATCH) SIDEWALK RAMP (OVERLAY HATCH) (OVERLAY HATCHING ONLY UTILIZED ON PA19NG PLAN SHEETS) ADA CODE SUMMARY: TURNING SPACE: A PAVED SURFACE NOT EXCEEDING 2% SLOPES IN ANY DIRECTION RAMP: ANY INCLINE EXCEEDING 1:20 (5%) BUT SHALL NOT EXCEED 1:12 (8.33%) LONGITUDINALLY. HANDRAILS REQUIRED: HANDRAILS REQUIRED ON ANY RAMP WITH AN ELEVATION CHANGE GREATER THAN 6" PAVEMENT NOTES: 1. SIDEWALKS ARE DESIGNED AT 1.5% CROSS SLOPE OR LESS. AS CONSTRUCTED CROSS SLOPS SHALL NOT EXCEED 29 2. CARE SHALL BE TAKEN TO INSTALL WALKS IN ACCORDANCE WITH THE SURFACE DESIGN HEREIN. 3. END STALLS ARE 10' WIDE MEASURED FROM BACK OF CURB TO CENTER PAVEMENT MARKING. STANDARD STALLS ARE 9' WIDE MEASURED CENTER TO CENTER OF PAVEMENT MARKING. HANDICAP STALLS ARE AS NOTED. 4. PROVIDE AND INSTALL HANDICAP PARKING SIGNS. SIGNS SHALL BE ALUMINUM ON GALVANIZED STEEL SQUARE TUBE UNLESS MOUNTED TO BUILDING. ix W � Wy, ce PAVING PLAN - NORTH ALEXANDRA DRIVE OFFICES PN: 23022 RANDY VANDERSEE C2.2 02/28/2024 FOR CONST Page 117 of 630 SAN > 7 i 893_ /7 / im ® i PROTECT HICKENBOTTOM, WRAP WITH FILTER FABRIC 259.39' i i i —,.. —K. C (sew—C s'1—< SN—C / i i i / / / / i 7 7 7 i g92 e95 II" / \ I1 III/ 11E11 I III/II IIIII III 1,411 )1I11 1111I1 111� 11 1� _I�IIII� 111111 IIIIII 111III; III1I� / 11 II II111I1 II 1I tI ���— NN III�I�II \1�11�1� III1I1I1■ \ I 111111I1 \ / g91 — v I I I I I 1 V A I III 11 I 7 III II II1�1\\ J I1 \ I I I 1 \ I�j11111 //1111 / 1 /////// Ij 1 — -- / / // / 900 __— // / /// / — — 902 — ____-1--- / — — — I SUE>1 —UE UE� — 90A — — — 7 UE -UE U=_ <7 � 7 / / 898 — -899 — 260.99' h II / / <SD LSD—cSD— 0' 20' 40' SEQUENCE OF ACTIVITIES INITIAL PREPARATION OF SITE FOR MOBILIZATION AND COMMENCEMENT OF WORK 1. INSTALL SWPPP BOX 2. ESTABLISH PERIMETER CONTROLS 3. INSTALL TEMPORARY CONSTRUCTION ENTRANCE 4. INSTALL PORTABLE SANITARY FACILITY 5. ESTABLISH STAGING Sc PARKING AREAS 6. ESTABLISH STOCK PILE CONTROLS 7. PLACE INLET PROTECTION DEVICES ON ROADWAY INLETS. iv -mayor MOO LEGEND PCC TOPSOIL, SEEDING, AND MULCHING (MAY INCLUDE LANDSCAPING, REFER TO LANDSCAPING PLAN) GRANULAR SURFACING PERMANENT OR TEMPORARY EROSION MULCHING TEMPORARY ROLLED EROSION CONTROL PRODUCT INLET PROTECTION - SILT BAG INLET PROTECTION - SOCK 9" - FILTER SOCK, MULCH FILL** SILT FENCE ** MAY SUBSTITUTE WITH SILT FENCE OR MULCH BERM WHERE PERMITTED KEY 0 SWPPP BOX O2 PORTABLE SANITARY FACILITY Q3 CONSTRUCTION DUMPSTER CONSTRUCTION PARKING ® CONSTRUCTION TRAILER © MATERIAL STORAGE 0 STABILIZED CONSTRUCTION ENTRANCE COMPLY WITH SUDAS 9040.12 CONCRETE WASHOUT NOTES: 1. NOT ALL KEY AND/OR LEGEND ITEMS MAY BE USED AND SHOWN ON THIS PLAN. THEY ARE AVAILABLE FOR USE IF NEEDED. 2. PORTABLE SANITARY FACILITY SHALL BE STAKED DOWN TO WITHSTAND ANY ANTICIPATED WINDS 4. STABILIZATION MEASURES SHALL BE INITIATED IMMEDIATELY ON ANY EXPOSED SOILS IF EARTH DISTURBING ACTIVITIES HAVE CEASED TEMPORARILY OR PERMANENTLY AND WILL NOT RESUME FOR A PERIOD EXCEEDING 14 CALENDAR DAYS. 5. ADDITIONAL AND MORE COMPREHENSIVE DETAILS AND INSTRUCTIONS CONTAINED WITHIN THE SWPPP DOCUMENT 6. CONCRETE SLURRY GENERATED BY WET SAWING SHALL BE VACUUMED OR UTILIZE OTHER ACCEPTABLE CONTAINMENT METHOD TO CAPTURE AND DISPOSE OF THE MATERIAL IN ACCORDANCE WITH APPLICABLE LAWS. ix W Wi cz V SWPPP PLAN - I N ITITAL DISTURBANCE ALEXANDRA DRIVE OFFICES PN: 23022 RANDY VANDERSEE C3. 1 02/28/2024 FOR CONST Page 118 of 630 SAN SD _ — — / \ 1/11/!II � �\ I/�/l/1 _ 259.39' 1;� a88" .! ww �.iw%►U w♦AT AVATA.7.� M -?.♦.A'AAE - AVAVAL.wo.T.wT.w.w♦TAT T AV V V V AT., AV AllAie.re • Aiw-.1w1w'.�1w♦I •regrec,Y V V v Gv,„ vv,..7L�.v,-,,yvvw� u'-w3aw.w1.1..♦..w1......'w-,7..111..1�-w111w1,,, ,. ,.FG awz:G:.1:_.��a.�ai�1�a�-.-..w-ww..sw♦w.w-w1w/w1w R ..__._.�G / / t vviaA.s:iw��.W.' v 0 4,•i1Awy.lw! wlw.G6:_ II .vA , PAYAIw1w1w1w61w1w/11w100w1110011w1w1w1w-Ow1w1w1L-w-w111w10001111w101p10w1w1w t / m V AA VOOwVAVAVA AA:A.1AIw1w1DDw1DDw10Dw100.♦0011Dw♦ A I I 1 7A. ?%i�zi!i!!!:!:z?:�iz!�!_i�. ,.♦ii!%i'9!�:!i!i,gre:�:ti.. � wwwwww —ice .w.w....i.,.w. :.:iAv :..,.iiw,.,.i_AA wi:i:i iVT i►jAYff i'r a1w1oA1ow1AoA1oow1oA1w1oA1w1oA-A6111011w1wo7A-ow♦w1oA1w1oA1ooA1w1o1101`" VAATVA TVA iV IVVL 1•�i�i�VFi:i IATgw:1♦11 � �f�i i iii11i1ii1i11ii 1� 1 1 AA wwwwww. A' IA♦w AI Ay •:A" AVA TAT V. V.1wg10CIw1w1 I , =.1A0 �w:......1wa-.1..w...w1w-wv.rt w1.1..w-.1�1.�.1a...o..aw♦AWA l `. AVAA iII • ! 1 1 , S.iw...w•w�1.-.....1wAV-AVw011110U�Ai AT4, w w AVAVA.wlw V-A�, i 1 _ :$dI�w1P.�l�wlwlo��iwT�1�7.11.�AIw110♦ "AMA" wu A AVAVA ♦�w9:•11 - �� w�w�-w1w1w1.TATA A-Ow1w�LT.w1A♦A1w-w6-w7.7ATAVA�lJ♦I`i.iAv ' .♦ AT&T . � / - 1I1-iw�iw-w1w1.]l���7. G17ATA: T JG:1:1a9w AVAigII W1w01wY 1 r Owl TleurrI1GITA VAU1.1G�w1.T1T4w:J AT AT T �1 www.�, ! 1w1w1P�AC=i.Iw01l�w• 1Alwiw-1910w1.1.•w♦.1,1gw�wlrK�IG♦wVA A AAVA'- ARV �ii17 _ ..w-w-1♦w1/PVaA1 _ awa-w-A-AVAVA-w1w7w.wriir&V - - E57i101 w 260.99' • 71,VVIV:i ;Tr A A A, AiAI Mk MI 'YAW TA MAMMA ANNA I, MAUFAUra Air OR AAGAi\SIVA♦w•` TATATA/A VAT FA TffAVAILVATATAVAI NSW VAPAVASAi AAALOAAALVAAI MATT IATI1V01 TIMYARIXESTAIE AYAFAWATVAM /AAAvAT•CI 1n�, 'a'w1ikv AY" \ .♦AIXI►WA`9 @ICE MYATAVIYAWAINM MOM TAY AVAA In VATIYAMALWAVATAVOM A7w•T►7IGIC1A& YAM ' ►-. ti1w1C►A • OVA JA7VAG♦AVAL • ; Ay♦iS1A•dl VA A SD LSD-CSD TA FLAW. VAVAT/YAVATA v77A/ -fir A 1 WAVAVAVAW U /WAWA WAY ood / I / / J 0' 20' 40' SEQUENCE OF ACTIVITIES CONSTRUCTION CONTINUED MAINTENANCE, IMPLEMENTATION, AND EVOLUTION OF SWPPP 1. MAINTENANCE 1.A. SWPPP DOCUMENTS 1.B. PERIMETER CONTROLS 1.C. TEMPORARY CONSTRUCTION ENTRANCE 1.D. STOCK PILES 2. SITE GRADING 2.A. INSTALL DETENTION BASIN ON SOUTH END TO OPERATE AS SEDIMENT BASIN DURING CONSTRUCTION. 2.B. PLACE EROSION MULCHING WHEN AREAS ARE NOT BEING WORKED OR ONCE GRADE IS ESTABLISHED 2.C. PLACE PAVEMENT SUBBASE ONCE SUBGRADE PREPARED 2.D. SWEEP STREETS WHEN EROSION IS TRACKED 3. UTILITIES 3.A. PLACE EROSION MULCHING THROUGH DISTURBED AREAS 3.B. PLACE INLET PROTECTION DEVICES FOR NEWLY INSTALLED INTAKES 3.C. PLACE SILT FENCE TO PROTECT CULVERTS 3.D. SWEEP STREETS WHEN EROSION IS TRACKED 4. BUILDING CONSTRUCTION 4.A. MAINTAIN ONSITE CONTROLS 5. SITE PAVING 5.A. INSTALL CONCRETE WASHOUT 5.B. REMOVE TEMPORARY CONSTRUCTION ENTRANCE ONCE REQUIRED TO PREPARE SUBBASE AND PLACE PAVEMENT -aergaer. 1111= EE ..iiii MOO LEGEND PCC TOPSOIL, SEEDING, AND MULCHING (MAY INCLUDE LANDSCAPING, REFER TO LANDSCAPING PLAN) GRANULAR SURFACING PERMANENT OR TEMPORARY EROSION MULCHING TEMPORARY ROLLED EROSION CONTROL PRODUCT INLET PROTECTION - SILT BAG INLET PROTECTION - SOCK 9" - FILTER SOCK, MULCH FILL** SILT FENCE ** MAY SUBSTITUTE WITH SILT FENCE OR MULCH BERM WHERE PERMITTED KEY 0 SWPPP BOX Q2 PORTABLE SANITARY FACILITY Q3 CONSTRUCTION DUMPSTER CONSTRUCTION PARKING 0 CONSTRUCTION TRAILER © MATERIAL STORAGE 0 STABILIZED CONSTRUCTION ENTRANCE COMPLY WITH SUDAS 9040.12 CONCRETE WASHOUT NOTES: 1. NOT ALL KEY AND/OR LEGEND ITEMS MAY BE USED AND SHOWN ON THIS PLAN. THEY ARE AVAILABLE FOR USE IF NEEDED. 2. PORTABLE SANITARY FACILITY SHALL BE STAKED DOWN TO WITHSTAND ANY ANTICIPATED WINDS 4. STABILIZATION MEASURES SHALL BE INITIATED IMMEDIATELY ON ANY EXPOSED SOILS IF EARTH DISTURBING ACTIVITIES HAVE CEASED TEMPORARILY OR PERMANENTLY AND WILL NOT RESUME FOR A PERIOD EXCEEDING 14 CALENDAR DAYS. 5. ADDITIONAL AND MORE COMPREHENSIVE DETAILS AND INSTRUCTIONS CONTAINED WITHIN THE SWPPP DOCUMENT 6. CONCRETE SLURRY GENERATED BY WET SAWING SHALL BE VACUUMED OR UTILIZE OTHER ACCEPTABLE CONTAINMENT METHOD TO CAPTURE AND DISPOSE OF THE MATERIAL IN ACCORDANCE WITH APPLICABLE LAWS. ix W W ii V SWPPP - CONSTRUCTION PHASE ALEXANDRA DRIVE OFFICES PN: 23022 RANDY VANDERSEE C3.2 02/28/2024 FOR CONST Page 119 of 630 SAN > SD SAN "AN 7 893_ -8 ti \ I1Ii1Il - '899 \ g00- -90A \ I//IIII g88 4 .I-. 1 l•.d .{•.l::F:F:•:• / nj / 0' 20' 40' LANDSCAPE PLAN ALEXANDRA DRIVE OFFICES ZONED: C-2 COMMERCIAL [PER BLACK HAWK CO. GIS] LOT SIZE: 100,507 SF // 2.31 ACRES LOT AREA UTILIZATION: BUILDING FOOTPRINT: 12,059 S.F. (12.0%) TOTAL PAVEMENT & SIDEWALKS: 45,606 S.F. (45.4%) TOTAL VEGETATED SURFACE: 42,842 S.F. (42.6%) REQUIREMENTS PER ORDINANCE (PARAPHRASED): • LANDSCAPED AREA >35% IS .015 pts/SF 100,507 SF * .015 = 1.508 POINTS • STREET TREES ® 1.5pts/LF (PRIVATE ROAD) SUB REQUIREMENTS • MINIMUM 65% OF ALL REQUIRED POINTS ACHIEVED THROUGH TREE PLANTINGS 1,508 Pts * 65% = 981 POINTS FOR TREES • TREES IN ISLANDS OR WITHIN 5' OF PARKING AT RATE OF .04 POINTS PER SF OF VEHICULAR USE AREA 9,098 SF * .04 = 1,714 PTS ADJACENT PAVEMENT MEASURED COMPLIANCE OVERSTORY TREES 4 INCH CALIPER OR GREATER 3 INCH CALIPER OR GREATER 2 INCH CALIPER OR GREATER TREES WITH CALIPER OF MORE THAN 4 INCHES 25 POINTS PER INCH UNDERSTORY TREES 2 INCH CALIPER OR GREATER 1% INCH CALIPER OR GREATER 1 INCH CALIPER OR GREATER SHRUBS 5 GALLON OR GREATER 2 GALLON OR GREATER CONIFERS 10 FOOT HEIGHT OR GREATER 8 FOOT HEIGHT OR GREATER 6 FOOT HEIGHT OR GREATER 5 FOOT HEIGHT OR GREATER 4 FOOT HEIGHT OR GREATER 3 FOOT HEIGHT OR GREATER LANDSCAPE LEGEND — OVER STORY TREE. 2" CAL 1), 19 TOTAL PROPOSED ASSORTMENT OF: • COMMON HACKBERRY • AUTUMN BLAZE MAPLE • THORNLESS HONEY LOCUST • ELM (HYBRID) 100 POINTS 90 POINTS 80 POINTS 40 POINTS 30 POINTS 20 POINTS 10 POINTS 5 POINTS 100 POINTS 90 POINTS 80 POINTS 40 POINTS 30 POINTS 20 POINTS TYPE 1 SEED MIX (LAWN) SUDAS 9010.06 ix W W cz V LANDSCAPE PLAN ALEXANDRA DRIVE OFFICES PN: 23022 RANDY VANDERSEE C4 . 1 02/28/2024 FOR CONST Page 120 of 630 IUNO.N Lar/Nfl II.0 w;tl.E/rraxr. NCC &WOnR_PROJECIMOCELM mau. tall. NJ N m r COVER SHEET QQ FEBRUARY 1. 2024 MULTI -TENANT BUILDING ;Fsi9s e' Ev 0 c z m b z I1 Y ." Cl. ENI.FI 5,...,-RJRAL NiGwEER Ma MC Mal LW MG NM c rn 03 r v G) VMO1 '001N31VM NI EMERGENT ARCHITECTURE VEC.N.C.J.ELECTRICKL FOOD SiDreCE l.'ioxEiB MME55 100E 3v 5T arr. SITE 0O10 CTM1.51,E 0YA6 • /FJF E A001 WORKING DRAWINGS NOT FOR CONSTRUCTION WATERLOO. IOWn Page 121 of 630 Page 122 of 630 *mime nIMINLVENI suMPIMI Page 123 of 630 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 v/ 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): Cedar valley Lawn Care Address: 5140 Southfork Ln Phone: (319) 415-6724 City: Waterloo State: Iowa Zip: 50701 Fax: Email. randy@cvlc.us b. Status of applicant: (a) Owner V (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email• 2. PROPERTY INFORMATION: a. General location of site plan to be amended: Parcel ID: 881311103014 b. Legal description of property or portion to be amended: Parcel "F" of Plat of Survey 325 Misc. 371 being a part of the Northwest Quarter of Section 11, Township 88 North, Range 13 Waterloo, Black Hawk County, Iowa, except that part of Lot 9, Southtown, Waterloo, Black Hawk County, Iowa c. Dimensions of proposed site plan amendment: 260' x 149' d. Area of proposed site plan amendment: 38,740 sq ft e. Current zoning: C-2,C-Z f. Reason(s) for site plan amendment and proposed use(s) of property: Current zoning is too restrictive for intended use of land g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the 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 P124 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as May 2, 2024, and date of public hearing as May 6, 2024, in conjunction with the FY 2024 11th Street Railroad Crossing Repair Project, Contract No. 1107, and instruct the City Clerk to publish notice. 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 125 of 630 None Page 126 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as May 2, 2024, and date of public hearing as May 6, 2024, in conjunction with the FY 2024 Rainbow Drive Railroad Crossing Repair Project, Contract No. 1108, and instruct the City Clerk to publish notice. 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 127 of 630 None Page 128 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as May 2, 2024, and date of public hearing as May 6, 2024, in conjunction with the FY 2025 Sidewalk Ramp and Trail Repair Program - Zone 4, Contract No. 1106, and instruct the City Clerk to publish notice. 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 129 of 630 None Page 130 of 630 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 April 15, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as May 6, 2024, for the sale and conveyance of city -owned property located at 708 W. 3rd Street, in the amount of $1.00, to Iowa Heartland Habitat for Humanity, including approval of a Development Agreement for the construction of a single-family home and a grant of $5,000.00 for infill housing development, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo took possession of the home located at 708 W 3rd Street in October 2023. The City of Waterloo will demolish the home prior to deeding the property over to Habitat for Humanity. Habitat for Humanity will be constructing a single family home on the lot and completion of the home is estimated to be June 30, 2027. Demolition of the home is tentatively to take place in 2024. The northwesterly 45' of the lot will also be deeded to the adjacent land owner along Randolph Street. This will require separate action for approval by City Council. NEIGHBORHOOD IMPACT Redevelopment of the lot would have a positive impact on the Church Row neighborhood. DATA, ANALYSIS, AND STRATEGIES Infill Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Sale of the City owned lot would be considered by Council through the public hearing process which requires public notice of the hearing. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 131 of 630 Not approve LEGAL DESCRIPTION Lot 6 in Block 7 in Leavitt's Addition to the City of Waterloo, Iowa, except the northwesterly 45 feet thereof. ATTACHMENTS 1. Habitat DA for 708 W 3rd 2. Habitat & Tramaun Lot Page 132 of 630 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 , 2024, by and between Iowa Heartland Habitat for Humanity ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City owns real property at 708 W. 3rd Street, Waterloo, Iowa (the "Property"), which is legally described as set forth on Exhibit "A" attached hereto. Company desires to undertake a project on the Property. B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. Page 133 of 630 2. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall construct a single-family dwelling to a finished state, including sidewalk, garage and driveway, and shall be responsible for 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 collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and must Substantially Complete construction by June 30, 2027 (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 13, and City shall then have no 2 Page 134 of 630 further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 13, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 4. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 3, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right 3 Page 135 of 630 of way to any location on the Property and for payment of any associated connection fees. 6. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Demolition. City will demolish the existing structure and properly remove and dispose of all debris before conveying title to Company. B. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 within thirty (30) days after Company has Substantially Completed the Improvements and has obtain final inspection on all permits obtained for the Project. 7. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 8. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 9. 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 the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. 4 Page 136 of 630 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. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: 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 5 Page 137 of 630 decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property; or E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 13. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. 6 Page 138 of 630 Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's acquisition of same 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 on or about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other 7 Page 139 of 630 proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) 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. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. 8 Page 140 of 630 (b) if to Company, at 803 W. 5th Street, Waterloo, Iowa 50702, Attention: Executive Director. 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, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 9 Page 141 of 630 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: Quentin Hart, Mayor Ali Parrish, Executive Director Attest: Kelley Felchle, City Clerk 10 Page 142 of 630 EXHIBIT "A" Property Description Lot 6 in Block 7 in Leavitt's Addition to the City of Waterloo, Iowa, except the NWIy 45 feet thereof. Page 143 of 630 Cali of Waterloo, Iowa Page 144 of 630 , 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 April 15, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as May 6, 2024, for the sale and conveyance of city -owned property located at 708 W 3rd Street, in the amount of $500.00, to Tramaun Allen, including approval of a Development Agreement for the construction a shed and fence, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo owns the property located at 708 W 3rd Street. Habitat for Humanity is proposing to construct a new home on a majority of the property in question. This agreement would allow the sale of the northwesterly 45' of the property to be sold to Tramaun Allen for $500.00 and he will need to move a shed onto an existing foundation as well as construct a fence around his lot. This will allow for adequate yard space for both Tramaun Allen and Habitat for Humanity. NEIGHBORHOOD IMPACT Redevelopment of the lot would have a positive impact on the Church Row neighborhood. DATA, ANALYSIS, AND STRATEGIES Infill Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Sale of the City owned lot would be considered by Council through the public hearing process which requires public notice of the hearing. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Not approve Page 145 of 630 LEGAL DESCRIPTION The Northwesterly 45 feet of Lot No. 6 in Block No. 7 in Leavitt's Addition to the City of Waterloo, Iowa. ATTACHMENTS 1. Tramaun Allen Agreement 2. Habitat & Tramaun Lot Page 146 of 630 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 , 2024, by and between Tramaun Allen ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of real property on at 738 W. 3rd Street. Developer is the owner of real property at 316 Randolph Street, which abuts the rear of the City property, and desires to acquire that portion of the City property that is legally described as set forth on Exhibit "A" attached hereto (the "Property"). B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that placement of the Property on the tax rolls and providing for certain improvements to the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $500.00 (the "Purchase Price"), receipt of which is acknowledged. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other Page 147 of 630 applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. Closing shall occur within thirty (30) days after City has demolished the garage structure on the Property and removed the debris. City will leave in place the slab/foundation. 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Developer agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Developer shall move onto the existing slab/foundation on the Property the 12'x18' shed currently on Developer's property and shall construct a solid -faced fence, in compliance with city ordinances, at least six (6) feet in height along the southeasterly boundary of the Property, i.e., the boundary of the property having an address of 738 W. 3rd Street. The work of Developer as described in this Section is referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. Developer will be responsible to clear trees and brush, if any, from the Property at its own cost to allow for construction of all Improvements. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Developer under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Developer, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit within 30 days of conveyance & substantially complete by December 31, 2025 (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to a state that City in its reasonable judgment considers to be complete. If Developer does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 10, and City shall then have no further obligation under this Agreement. In any 2 Page 148 of 630 circumstance where Developer's progress on the Project fails to meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage, encumbrance, property tax or special assessment (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney -in -fact. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Developer's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer 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 Developer with respect to construction of the Improvements. 3 Page 149 of 630 B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. C. Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Developer shall make no sale or conveyance of the Property or any portion thereof separately from sale or conveyance of Developer's own property, without City's prior written consent. 6. No Encumbrances. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Property. Developer may not mortgage the Property or any part thereof for any purpose before the Improvements are Substantially Completed. Any mortgage in violation of this Section shall be void. 7. 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. 8. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. B. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse 4 Page 150 of 630 decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 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 Developer to cause the rehabilitation Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 10. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall 5 Page 151 of 630 not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 11. Indemnification. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project site or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 6 Page 152 of 630 14. 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. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, or by United States registered or certified mail, postage prepaid, 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 Developer, at 316 Randolph Street, Waterloo, Iowa 50702. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability; 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. 7 Page 153 of 630 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Trauman Allen Attest: Kelley Felchle, City Clerk 8 Page 154 of 630 EXHIBIT "A" Legal Description of Property The Northwesterly 45 feet of Lot No. 6 in Block No. 7 in Leavitt's Addition to the City of Waterloo, Iowa. Page 155 of 630 Cali of Waterloo, Iowa Page 1 56 of 630 , 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 April 15, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as May 6, 2024, for the sale and conveyance of city -owned property located south of 3620 Wagner Road, in the amount of $1.00, to 3 Stooges LLC, including approval of a Development Agreement and Minimum Assessment Agreement with a minimum assessed value of $500,000.00 for the construction of two commercial buildings, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo has owned the Tots since 2016. Since then the area has been platted into 6 lots and three of which have been sold. 3 Stooges LLC plans to construct two 9,000 square foot commercial buildings on the lots. The easterly portion of the lots are in the floodplain and floodway. NEIGHBORHOOD IMPACT Development on these Tots would have a positive impact on the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Sale of the City owned lot would be considered by Council through the public hearing process which requires public notice of the hearing. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Not approve LEGAL DESCRIPTION Page 157 of 630 Lot 5 & Lot 6, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. 3 Stooges Wagner Layout 2. 3 Stooges Wagner Agmt 4.24 Page 158 of 630 Toji* _ J Page 159 of 617 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT — Phased Development This Development Agreement (the "Agreement") is entered into as of , 2024 by and between 3 Stooges, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area (the "Urban Renewal Area"), pursuant to the East Waterloo Unified Urban Renewal and Redevelopment Plan (the "Urban Renewal Plan"). B. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"). C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company in its as -is condition for the sum of $1.00 (the "Purchase Price"). Page 160 of 630 Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Phase 1 Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 1.1. Finder's Fee. City agrees to pay a finder's fee of $10,000.00 to Fischels Commercial & Residential Group, payable within thirty (30) days after Company has obtained a building permit and begun construction of the Phase 1 Improvements (defined below). 2. Development Phasing. The parties contemplate that Company may develop the Property in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: Each of Phase 1 and Phase 2 shall consist of one commercial facility of approximately 9,000 square feet. Company shall construct on the Property the improvements described above, and related landscaping, storm water, paving, signage and parking improvements (collectively, the "Improvements"). The Improvements relating to each separate phase are referred to as the "Phase 1 Improvements" and "Phase 2 Improvements," as applicable. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. For each phase, City may require that Company submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." 2 Page 161 of 630 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Hans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for 3 Page 162 of 630 the City to convey the Property to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Phase 1 Improvements within four (4) months after the date of conveyance (the "Phase 1 Start Date") and Substantially Complete construction within fourteen (14) months thereafter (the "Phase 1 Completion Deadline"). Company must Substantially Complete construction of Phase 2 Improvements within fourteen (14) months after Phase 1 Improvements have been Substantially Completed (the "Phase 2 Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the phase Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of each phase of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 19, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement as provided in Section 19, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. The Property as a whole shall be subject to reverter of title if Company is in default as to Phase 1. If Company is in default only with respect to Phase 2 then only the undeveloped northerly or southerly one-half (i.e., either Lot 5 or Lot 6, as applicable) shall be subject to reverter of title. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other 4 Page 163 of 630 actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property or applicable portion thereof, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property conveyed back to City. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 7. Utilities. Company will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $500,000.00 (the "Phase 1 Minimum Actual Value"), through: (i) willful destruction of the Property, the Phase 1 Improvements, or any part of either; 5 Page 164 of 630 (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with construction of Phase 2 Improvements, the parties will execute and record an amendment to the MAA for the purpose of increasing the Minimum Actual Value of the Property to $1,000,000.00. 9. Tax Rebates. Provided that Company has completed Phase 2 Improvements before the Completion Deadline thereof, and that Company has executed an MAA as set forth in Section 8 above, City agrees to rebate property tax (with the exceptions noted below) with respect to Phase 1 Improvements and Phase 2 Improvements, as follows: Year One through Year Five 50% rebate each year for any assessed value added by the completed Phase 1 Improvements and Phase 2 Improvements (each such payment is a "Rebate") over the base value of $103,200.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The assessed value of the Property as a result of the Improvements constructed thereon must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Phase 1 Improvements and Phase 2 Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Phase 2 Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event Phase 2 Improvements on the Property are completed prior to January 1, 2027 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, 6 Page 165 of 630 the property taxes that would be assessed based on the January 1, 2027 assessed value would be for the Fiscal Year ending June 30, 2029, with the taxes payable one- half by September 30, 2028 and one-half by March 31, 2029, then the first Rebate could be applied for after March 31, 2029 and prior to April 1, 2030. 10. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 9 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 9 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 9, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. 7 Page 166 of 630 C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 11. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district and/or amendment of the urban renewal plan, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 14 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 8 Page 167 of 630 12. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the termination date of the MAA(s), Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have an assessed value as set forth in the applicable MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the applicable MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and phase Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the termination date of the MAA(s), Company agrees that (1) if the completed Improvements are to be Company's primary location for business operations, it will not undertake, in any other municipality in Black Hawk County, 9 Page 168 of 630 the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law or City ordinance, of the taxation of real property included within the Property. 13. 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. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 10 Page 169 of 630 D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement 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. F. 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. 15. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or acquisition of the same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property 11 Page 170 of 630 and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 17. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 18. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; 12 Page 171 of 630 D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 19. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to 13 Page 172 of 630 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. 20. 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. 21. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 22. 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. 23. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 3510 Kimball Avenue, Suite H, Waterloo, Iowa 50702, Attention: Anthony Fischels. 14 Page 173 of 630 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 15 Page 174 of 630 29. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 30. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 31. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 32. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: Quentin M. Hart, Mayor Anthony FSs'chels Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Anthony Fisctiels 16 Page 175 of 630 EXHIBIT "A" Legal Description of Property Lot 5 and Lot 6, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 176 of 630 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2024, by and among the CITY OF WATERLOO, IOWA ("City"), 3 STOOGES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $500,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2025 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 177 of 630 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2035. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 178 of 630 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 179 of 630 CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: Quentin Hart, Mayor Anthony FischeIs, Manage By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2024, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public 4 Page 180 of 630 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on Kpk' j) 1•-/ , 2024 by Anthony Fischels as Managing Member of 3 Stooges, LLC. Notary Public 5 & 9-c.,c ilet4C-19- MELISSA YOUNGBLUT COMMISSION NO. 747753 MY COMMISSION EXPIRES JULY B, 2025 Page 181 of 630 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Five Hundred Thousand and 00/100 Dollars ($500,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2024 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 182 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Building Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving award of bid to Boulder Contracting of Grundy Center, Iowa, in the amount of $53,650.00, approving the contract, bond, and certificate of insurance, in conjunction with the Waterloo Convention Center Parking Ramp Repairs, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 183 of 630 1. Bid Award - WCC Parking Ramp Repairs 2. Bid Bond Page 184 of 630 FORM OF BID OR PROPOSAL WATERLOO CONVENTION CENTER PARKING RAMP REPAIRS CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa 1. The undersigned, being a Corporation existing under the laws of the State of CIF , a Partnership consisting of the following partners: wito. 141r , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with the General Specifications and Project Specifications, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this WATERLOO CONVENTION CENTER PARKING RAMP REPAIRS, all in accordance with the General Specifications and Project Specifications and for the unit prices for work in place for the following items: BID ITEM DESCRIPTION UNIT EST QTY UNIT BID PRICE TOTAL BID PRICE 1 Mobilization LS 1.0 $ 6,75-0.01,a $ 4,75®,az) 2 Concrete Repairs CF 4.0 $ 4goo. $ 07 660•6a 3 Plaster Replacement SF 280 $ 15;cx, $ et, floz),cr8 4 W36 Steel Girder Beam Reconditioning LF 20 $ y°7Soa $ E+,5,0.0b TOTAL BID AMOUNT $ 67, %r7o,az� 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, 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 bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 5. Attached hereto is a Bidders Status Form. 6. The bidder is prepared to submit a financial and experience statement upon request. 7. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date -gJaaAf Addendum No. Date Addendum No. Date Addendum No. Date 8. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre -bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project BID PROPOSAL PAGE 1 OF 2 WATERLOO CONVENTION CENTER PARKING RAMP REPAIRS AECOM 60720067 WATERLOO, IOWA Page 185 of 630 are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. REQUEST AND Officer cannot be 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 Owner reserves the right to select alternates, delete line items, andior to reduce quantities prior to the award of a contract due to budgetary limitations. SUBMITTED BY: SIGNED BY: Hour- a. torno4c-17A II C. (Bidder) bola if. 15= Sr - Gitumn, C.G.rr , TPr 6-0431 (Address) (Title) ACCEPTED BY CITY OF WATERLOO: SIGNED BY: (Date) (Title) (Date) (Date) BID PROPOSAL PAGE 2 OF 2 WATERLOO CONVENTION CENTER PARKING RAMP REPAIRS AECOM 60720067 WATERLOO, IOWA Page 186 of 630 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) AU 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 contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program —Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, EQUAL OPPORTUNITY CLAUSE EOC-1 OF 2 F.Y. 2022 Anaerobic Lagoon Blower Building Interim Repairs AECOM 460720067 WATERLOO, IOWA 12 Page 187 of 630 subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in 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) proprite Official) Owe (Title) WaDAtt (Date) EQUAL OPPORTUNITY CLAUSE EOC-2 OF 2 E.Y. 2022 Anaerobic Lagoon Blower Building Interim Repairs AECOM N60720067 WATERLOO, IOWA 13 Page 188 of 630 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: ® Yes ❑ No ® Yes ❑ No © Yes No ® Yes El No ® Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in lowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in lowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. if you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: si Dates: 1 / 1 / 90 to c4 r / Address: lo& /1. 1 City, State, Zip. Gov er' ', �% coati Dates: / / to / / Address. City, State, Zip: Dates: / / to / / Address: City, State, Zip: You may attach additional sheet(s) if needed. To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor ❑ force preferences or any other type of preference to bidders or laborers? Yes 0 No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. PoMe.Porg- Cv+vrrui-sr , 1 Firm Name: Signature: � Date: .r/8Sq You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 15 309-0001 (09-15) 130-1 Page 189 of 630 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes No My business is a sole proprietorship and I am an lowa resident for Iowa income tax purposes. ❑ Yes n No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of lowa for Iowa income tax purposes. ip Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes j], No My business is a corporation whose articles of incorporation are filed in a state other than lowa, the corporation has received a certificate of authority from the lowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. ❑ Yes KI No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes E No My business is a limited liability partnership which has filed a statement of qualification in a state other than lowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ YesNo My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes IX No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ®Yes ❑ No ❑ Yes yrNo My business is a limited liability company whose certificate of organization is filed in lowa and has not filed a statement of termination. My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) BSF-2 16 Page 190 of 630 State of nraA County of Grakrad NON -COLLUSION AFFIDAVIT OF PRIME BIDDER } )ss /wig. /i-tri+al , being first duly sworn, deposes and says that: 1. He is wne , Partner, Officer, Representative, or Agent) , of &ur-0Caa- e Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this atfiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) ©w.v Title Subscribed and sworn to before me this 2e1H My commission expires Jam/ ' 6402b NON -COLLUSION AFFIDAVIT NCA-1 OF 1 AECOM #80720067 day of ft1444-4.4 Title ,202,4 DAVID 9 CAPSOPOULOS Notarial Seal - Iowa Commission Number 80 39 Ay Com , on Expires /6 2 Wateifoo Convention Center Parking Ramp Repairs WATERLOO, IOWA 11 Page 191 of 630 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Boulder Contracting, LLC as Principal, and Westfield Insurance Company as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Ten percent of amount bid Dollars ($ 1 O% ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 2gth day of Mar , 20 24 , for Waterloo Convention Center - Parking Ramp epairs NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 28th day of March , A.D. 2024 Boulder Contracting, LLC (Seal) Principal By am (Title) Westfield Insurance Company (Seal) Witness Surety Witness - gib/ By Joseph h I c`hmA torney-in-fact BID BOND AECOM 450720067 BB-1 OF 1 Waterloo Convention Center Parking Ramp Repairs WATERLOO, IOWA 10 Page 192 of 630 . THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 06/20/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY POWER NO. 1429172 00 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having Its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JOSEPH I. SCHMIT, JEFFREY R. BAKER, GREG T. LAMAIR, E. A. VONHARZ, BRANDON HORBACH, JOINTLY OR SEVERALLY of WEST DES MOINES and State of IA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bands, recognizances, undertakings, or other Instruments or contracts of suretyship in any penal limit. - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognlzances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed thls 20th day of JUNE A.D. 2022 . ,rr„ Corporate Og�lI.14f0%' Seals o . ' '• •,. fi Affixed 2- 44: algraa - SEAL - iv NI, yy v aF State of Ohio County of Medina ss.: w , SEAL %M � A: 184El if`_ WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: Gary W. tamper, National "Surety Leader and Senior Executive On this 20th day of JUNE A.D., 2022 , before me personally came Gary W. Stamper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed _a State of Ohio �o County of Medina ss.: z, q w ,Z. I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OH-110 FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 28th day of March :: A.D., 2024 •,��il'%1��jRy .'`'t'ci0Nlif,I/,''`r. t.rrrr,rdy% 101, � t e/::-- //1/ � ro rErm=�c. 1848:�Secretary , / ;� \ «%a., 0)ezzedirOo. David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohlo Revised Code) Frank A. Carrino, Secretary BPOAC2 (combined) (03.22) Page 193 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving acceptance of improvements of Edison Addition, submitted by Earthworx Civil Solutions, LLC, and performed by Big Hand Pepper, LLC, and file two-year maintenance bond. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The improvements required as a condition precedent to the approval of Edison Addition, Waterloo, Iowa; namely paving and the installation of storm and sanitary sewer, have been completed in substantial conformance with the construction plans, standards, and requirements of this office. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 194 of 630 1. Engineer's Completion Statement Edison Addition to City of Waterloo - Signed 2. Maintenance Bond - Signed Page 195 of 630 Engineer's Statement of Completion Project: Edison Addition Waterloo, Iowa Developer: Big Hand Pepper, LLC 616 Clay St. Cedar Falls, IA 50613 To City of Waterloo: I hereby state that the construction of the Edison Addition public Sanitary Sewer, Storm Sewer and Paving improvements portion of the project has been substantially completed in general compliance with the site construction plans. EARTHWORX CIVIL SOLUTIONS, LLC 1Z,d;,0-kt.4- 43-z,,,, Nicholas C. Brewer, P.E. Date: 12/05/2023 Iowa License No. 28034 Distribution: Engineer City of Waterloo ECS PN 065 Page 196 of 630 IMT�INSURANCE Ili* MAINTENANCE KOND KNOW ALL MEN BY THESE PRESENTS, That vim, HikHan.a Pepper, Lam. as Principal, and [.MIT Maumee company, a Corporation argani2.ed under the laws or the Stale or Iowa with priorapal off: es at West Dez Moines, ]own, as Surety, are held and firmly bound] nolo CRx of wsledoo Bend No_ SYA3645 tlwreinafter called. the Obligee), in the penal earn r r Sevres Huiadhe;d Ferty cn Thousand E1gbt Hand_red ThIrt thrcc 747 } Dollars, for the payiner]t of which, well and Iruly to he made, we du hereby hind nnrelwer, our heirs, executors, adrnioistra1Crs, succession and ai igns., jointly arid severally, firmly by these presents. 'HEkEASt The said Peit]capad }ems bum:dote entered into a Mania With The obligee above named for k;dfsen Adt itIiOO - Pirekm, Sanity and Sjirm Scorer WHEREAS, said coop -act provides that the Principal shall furnish • band which shall amain in time tier a period of 2 awo) year(S) from the dawn(' comp]i lion of the Project as established by the Eng rave cr Aichitect and which shall br conditioned ra gaaranwe aganxst all defects in workmanship Arad materials which stall bourne apparent daring said period, NOW, THEREFORE,THE CONDITION OF THE OBLIGATION IS SUCH TTIAT, if drx !`rincipe] :hall indemnify the Ohli,Fee for al] lass. that the Wig= may umiak' by Demon of arty derectiu$ materials er war ,ship which shall become appare1t during this period of 2 Urea) Yeats) from the date &completion of the Psojeul as catablit led by the Engineer der Architect, that this obli quota shall he Fluid; otherwise to reagiin in full force ends otfecl., PROVIDED„ HOWEVER, that in the ewrra ref any default coo. the part of the said Principal, written statement of the perticut facts showing such defaait and the date thrtecrf shall be delivered. to- the Surety by Certified mall At its home I e, Mils Civic F';i.rkway, West Dee Moiries, iowaS0266,. pramIdy Jod in any emit within thrrty ( drays after dui i bligee or his repreSCatalisc shah teem of such default_ sigfied..sealed aril dated this Z2nd day of human. 2024 Conclersi.gned l.r Rcsideau Agent SY03Oa(l i!]R) EIR !land PepiJer LLC Primcipii Juan Styve, attorney-er1•Fact Page 197 of 630 fMT / INSURANCE Bond No. SYA i45 Know All Persons By These Presents, ibol FMT ]nsorabee Company a Corporation duly orfianued midi r iPre laws of the Susie of Iowa, and having ills principal office. in e Cilk of West Das Moines, Cau.t3, ofPnik. Stale origin,haih , constituted. and appohticd, and does by lh e merits crake,. consume *nd appo rd Jason Styve of Der} Moines sad Raw ur [MI _ awh�arii} } co.tiferred iri dl rntme, Lam and srr io its line and Eawfut Ahorney.ln-Fact, with fat[ power and snktn Is 1 sue, a acme_ acknowle4ge Haddam in ira kxIraif as actuary any and all bonds, under- ognistszrr or ether wriluen cbtigstijrii i i Ike nature thereof,,. subject to the Jr titlartom that eay sudr ins2rarr,eni 5134 not exceed the B1110011 of.- Seven Handreci Forty-seven Thousand Eleht Hundred Thirty-three and N i/i O Dollars 747,633.00) amd to bind lMT Lasuiramee Company thereby as &bJ and in the acne email as if such hind or utkiertakin was signed by the duly euthcvJa d Officers of f MT Inn■recce Cfomikamy, and nil such rim �f s*id .Homey -in -fact, pursuant iu the authority herein �w•ou_ are h raffled raed and evafinned. Thde Pow er-of-Atinene}' is made acid es.ecuied u:rsuant in and by saiihoritir - f the folkYiirg Jiy-Laws adopted try the Board of ftreciors of FMT luxr,ranet CumpanF on December I8, ] . ARTICLE VI]]_ SECTION q - The Frwidersl at nag Vie President tie Secretary shah I twee .nthorlly to Appoini A Ibaroays 3n Fect and io euihucize ;hero iu exeekne on behalf of the Carnperty, and attach therein the Corporate Seal_ bonds rnderin&ingg, recognixareces,. Iraqi of indemnity or other .abJigatory wtltings, exeludin.g tast-ance policies said tirdwserncrt ART[CLE VW, SECTION 5. -The i;gronirn of any aurhurized of car end the Lsupo.rata Seal may be affixed by facElmtle it« any PDwar or Minnie), auiworizutg theexeeution And &Li,eryofany ofih.e In lruioen 4t ribed in ArttcJe VIii. Section d of the 1y-Laws. Such facsimile si.Palsire and seal shell have the same hire and effect RE 'fume rrrmuuliy. ffl nod In Wilmer., Whereof, IMT Insurance Company his.eaused llmse presenia w be signed by ira President end IL! corporate seal to 'be berets. affixeil,. this 22..d day of Jarman'. 2024 STATE OF IOWA J E. COUNTY OF DA4LAS POWER OF ATTORNEY MIT Insu r, ace Company Sean Kennedy, Presiderrn On this ?2 p0 dee of Jars cry ,. 2Ra be -Fore me who been! by rnC duly sworn dirt nay thin he is Pre ideen. eftJ ]Mt Ins- coma COrnn the cor�rcd Sean Kennedy, in me onPl m emeat, orx 1FuL the Sul affixed to lh.e saki ioslruit r! is nhir C P n4'. ri LI a 1Lud in the 1{l a iderruE ib behalf iifcaul{' ionmare 3aata�'t6e said Cmp�redbvr sock ;her rare said CflEtrvmeM was and seabed is by Buthodry oFirs 13�antofJ7iri4crurs. Fri Tesiony Wherei F. I het hwr ereto Bet my hand and affixed rrryr 'fiivtaJ sear al the Ciiy of Wear []ea Maine% route Lie day mid year faro[ above wain tm1 CorrralSeren N,unIAT 336794 kp[xes e Nutsry public, Ram County, Iowa. CiERTf Ff CATJE I, €3rag Blythe, Se ieiaryof uhe IMT [rraurance Company do heratry rectify dal the above and Formiie is s O' r end carravc copy or the FO*EP.OF-ATTOIIN$Y, executed by Said the ]eft' insurance Company, which LL stilt In Farce acid Oleo, Jr! Witness Wberecir, I have irereanio 3ei mw hand arid Btu sod the seai of the irorrnpfny on 2and .lgnu 2024 SY 0.6 06 (07.23) c rcg BLu I}Ic.:'welary day of Page 198 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving a variance to lift the truck embargo for the 700 - 1200 blocks of Cedar Bend Street and the 2000 - 2900 blocks of Burton Avenue through December 15, 2024, for the FY 2024 Broadway Street Reconstruction Project, Contract No. 1095. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 199 of 630 Page 200 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution temporarily lowering the speed limit on Broadway Street from Donald Street to Airport Boulevard from 55 mph to 35 mph for the FY 2024 Broadway Street Reconstruction Project, Contract No. 1095. RECOMMENDED COUNCIL ACTION Approve resolution. This change will end on or before December 15, 2024. SUMMARY STATEMENT AND BACKGROUND INFORMATION This change will end on or before December 15, 2024. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 201 of 630 Page 202 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion to approve Final Quantity Summary, Change Order No. 8, with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $248,825.82, in conjunction with the FY 2019 University Avenue Reconstruction - Phase 2 Project, Contract No. 934, and authorizing the Mayor and City Clerk 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 to 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 Page 203 of 630 1. Signed Change Order #8 - Increase - Decrease 2. Maintenance Bond_934 Page 204 of 630 \812i CHANGE ORDER NO. 8 Owner City of Waterloo Date: 3/19/2024 Project University Avenue Reconstruction - Phase 2 Owner's Contract No. 934 Contractor: Peterson Contractors, Inc. Date of Contact Start 4/1/2019 Contract Amount: $ 8,369,859.58 You are directed to make the following changes in the Contract Documents. Description: Adjust original construction quantities to actual construction quantities. Compensation already made to contractor through original bid items. See attached summary. TOTAL ADDITIONS Reason for Change Order As -built quantities varied for some bid items. CONTRACT PRICE Original: Previous C.O.s (ADD/DEDUCT) This C.O. (ADD/DEDUCT) Contract Price with all approved Change Orders: $ 8,369,859.58 Original Completion Date: $ 108,384.43 $ 248,825.82 Revised Completion Date: $ 8,727,069.83 CONTRACT TIME To Substantial To Final Completion Completion 11/20/20201 11/20/20201 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: orized Signature) ACCEPTED: BY: c Contractor (Authorized Signature) ACCEPTED� l sp4e AECOM zeeiy Date 3-28-2024 Date AECOM 60569973 I 8 Project No. C.O. No. Page 205 of 630 FY 2019 University Avenue Reconstruction Project Phase 2 - Midway City of Waterloo Project No.: 934 AECOM Project No.: 60603631 Dr to Greenhill Rd FINAL QUANTITY SUMMARY 3/19/2024 Authorized Quantities Contract Quantities Division 1 Division 2 Division 3 Division 4 Division 1 Division 2 Division 3 Division 4 Item No. Item Unit Unit Bid Price Division 1 Quantities Division 2 Quantities Division 3 Quantities Division 4 Quantities Division 1 Total Quantities Division 2 Total Quantities Division 3 Total Quantities Division 4 Total Quantities Quantity Difference Quantity Difference Quantity Difference Quantity Difference Increase/ Decrease Increase/ Decrease Increase/ Decrease Increase/ Decrease 1 2 3 CLEARING AND GRUBBING UNIT $ 60.00 69 8.0 431.20 8.00 40.50 362.20 0.00 0.00 0.00 $ 21,732.00 $ - $ - $ - ON -SITE TOPSOIL CY $ 6.00 3218.5 40.5 203.50 -3015.00 0.00 0.00 0.00 $ (18,090.00) $ - $ - $ - TOPSOIL, CONTRACTOR FURNISH CY $ 17.50 1498 47.0 1727.00 47.00 229.00 0.00 0.00 0.00 $ 4,007.50 $ - $ - $ - 4 EXCAVATION, CLASS 10, ROADWAY AND BORROW CY $ 7.00 5096 223.0 5096.0 223.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 5 EXCAVATION, CLASS 10, WASTE CY $ 10.00 16735 73.0 23713.00 73.00 6978.00 0.00 0.00 0.00 $ 69,780.00 $ - $ - $ - 6 EXCAVATION, CLASS 13 CY $ 12.50 200 200.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 7 SUBGRADE PREPARATION, 12 IN. SY $ 1.85 38947.6 795.5 -38947.60 0.00 -795.50 0.00 $ (72,053.06) $ - $ (1,471.68) $ - 8 SUBGRADE TREATMENT, GEOGRID SY $ 1.85 2100 50.0 38947.60 795.50 36847.60 0.00 745.50 0.00 $ 68,168.06 $ - $ 1,379.18 $ - 9 SUBBASE, MODIFIED CY $ 30.00 13842 265.2 20845.0 19.30 265.2 7003.00 19.30 0.0 0.0 $ 210,090.00 $ 579.00 $ - $ - 10 REMOVALS, STRUCTURES EACH $ 500.00 8 1.0 3.00 -5.00 -1.00 0.00 0.00 $ (2,500.00) $ (500.00) $ - $ - 11 REPLACEMENT OF UNSUITABLE BACKFILL MATERIAL CY $ 20.00 500 500.0 50.00 216.00 -450.00 -284.00 0.00 0.00 $ (9,000.00) $ (5,680.00) $ - $ - 12 STORM SEWER, TRENCHED, HDPE, 4 IN. LF $ 50.00 28.7 71.00 42.30 0.00 0.00 0.00 $ 2,115.00 $ - $ - $ - 13 STORM SEWER, TRENCHED, HDPE, 8 IN. LF $ 75.00 77.5 85.60 8.10 0.00 0.00 0.00 $ 607.50 $ - $ - $ - 14 STORM SEWER, TRENCHED, RCP, CLASS III, 15 IN. LF $ 55.00 3485.46 53.2 3568.32 53.20 82.86 0.00 0.00 0.00 $ 4,557.30 $ - $ - $ - 15 STORM SEWER, TRENCHED, RCP, CLASS III, 18 IN. LF $ 60.00 1294.7 1304.00 9.30 0.00 0.00 0.00 $ 558.00 $ - $ - $ - 16 STORM SEWER, TRENCHED, RCP, CLASS III, 24 IN. LF $ 65.00 216.3 216.30 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 17 STORM SEWER, TRENCHED, RCP, CLASS III, 30 IN. LF $ 80.00 886.9 886.90 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 18 REMOVAL OF STORM SEWER, RCP, LESS THAN 36 IN. LF $ 12.50 5015.8 53.2 6573.80 53.20 1558.00 0.00 0.00 0.00 $ 19,475.00 $ - $ - $ - 19 STORM SEWER ABANDONMENT, PLUG AND FILL, LESS THAN 36 IN. LF $ 40.00 113 52.00 -61.00 0.00 0.00 0.00 $ (2,440.00) $ - $ - $ - 20 SUBDRAIN, TYPE S, 6 IN. LF $ 12.50 8188.8 175.0 8380.00 175.00 191.20 0.00 0.00 0.00 $ 2,390.00 $ - $ - $ - 21 SUBDRAIN OUTLETS AND CONNECTIONS, EXISTING SUBDRAIN, 6 EACH $ 350.00 20 3.0 2.00 2.00 -18.00 0.00 -1.00 0.00 $ (6,300.00) $ - $ (350.00) $ - 22 SUBDRAIN OUTLETS AND CONNECTIONS, PER PLAN, 6 IN. EACH $ 200.00 76 1.0 77.00 1.00 0.00 -1.00 0.00 $ 200.00 $ - $ (200.00) $ - 23 WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP),4IN, NITRILE LF $ 150.00 4.0 3.00 0.00 -1.00 0.00 0.00 $ - $ (150.00) $ - $ - 24 WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 6 IN, NITRILE GASKETS LF $ 92.50 189.7 90.30 0.00 -99.40 0.00 0.00 $ - $ (9,194.50) $ - $ - 25 WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 8 IN, NITRILE GASKETS LF $ 102.50 162.9 164.30 0.00 1.40 0.00 0.00 $ - $ 143.50 $ - $ - 26 WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 12 IN, NITRILE GASKETS LF $ 120.00 4420.0 4230.50 0.00 -189.50 0.00 0.00 $ - $ (22,740.00) $ - $ - 27 WATER MAIN, DIRECT BURIED, DUCTILE IRON PIPE (DIP), 6 IN, NITRILE GASKETS, INTEGRAL RESTRAINEDJOINTS WITH CASING PIPE LF $ 400.00 204.1 231.90 0.00 27.80 0.00 0.00 $ - $ 11,120.00 $ - $ - 28 WATER MAIN, DIRECT BURIED, DUCTILE IRON PIPE (DIP), 8 IN, NITRILE GASKETS, INTEGRAL RESTRAINEDJOINTS WITH CASING PIPE LF $ 425.00 144.8 184.40 0.00 39.60 0.00 0.00 $ - $ 16,830.00 $ - $ - 29* WATER MAIN, DIRECT BURIED, DUCTILE IRON PIPE (DIP), 12 IN, NITRILE GASKETS, INTEGRAL RESTRAINEDJOINTS WITH CASING PIPE LF $ 450.00 204.2 146.50 0.00 -57.70 0.00 0.00 $ - $ (25,965.00) $ - $ - 30 WATER MAIN, TRENCHLESS, DUCTILE IRON PIPE (DIP), 6IN, NITRILE GASKETS, INTEGRAL RESTRAINED JOINTS WITH CASING PIPE LF $ 600.00 199.2 105.50 0.00 -93.70 0.00 0.00 $ - $ (56,220.00) $ - $ - 31 WATER MAIN, TRENCHLESS, DUCTILE IRON PIPE (DIP), 8IN, NITRILE GASKETS, INTEGRAL RESTRAINED JOINTS WITH CASING PIPE LF $ 670.00 221.9 132.90 0.00 -89.00 0.00 0.00 $ - $ (59,630.00) $ - $ - 32* WATER MAIN, TRENCHLESS, DUCTILE IRON PIPE (DIP), 12 IN, NITRILE GASKETS, INTEGRAL RESTRAINEDJOINTS WITH CASING PIPE LF $ 1,025.00 55.8 55.80 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 33 FITTINGS BY COUNT, DUCTILE IRON, 4 IN, MJ CAP EACH $ 325.00 1.0 0.00 -1.00 0.00 0.00 $ - $ (325.00) $ - $ - 34 FITTINGS BY COUNT, DUCTILE IRON, 4 IN, 111/4° ELBOW EACH $ 450.00 1.0 0.00 -1.00 0.00 0.00 $ - $ (450.00) $ - $ - 35 FITTINGS BY COUNT, DUCTILE IRON, 6 IN, MJ CAP EACH $ 350.00 9.0 6.00 0.00 -3.00 0.00 0.00 $ - $ (1,050.00) $ - $ - 36 FITTINGS BY COUNT, DUCTILE IRON, 6 IN, 90° ELBOW EACH $ 550.00 2.0 5.00 0.00 3.00 0.00 0.00 $ - $ 1,650.00 $ - $ - 37 FITTINGS BY COUNT, DUCTILE IRON, 6 IN, 22 1/2° ELBOW EACH $ 525.00 3.0 2.00 0.00 -1.00 0.00 0.00 $ - $ (525.00) $ - $ - 38 FITTINGS BY COUNT, DUCTILE IRON, 6 IN, 111/4° ELBOW EACH $ 525.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 39 FITTINGS BY COUNT, DUCTILE IRON, 6 IN, TEE EACH $ 1,000.00 1.0 0.00 -1.00 0.00 0.00 $ - $ (1,000.00) $ - $ - 40 FITTINGS BY COUNT, DUCTILE IRON, 6IN, LOCKING TEE EACH $ 1,000.00 2.0 0.00 -2.00 0.00 0.00 $ - $ (2,000.00) $ - $ - 41 FITTINGS BY COUNT, DUCTILE IRON, 6 IN X 2 IN, REDUCER EACH $ 500.00 1.0 0.00 -1.00 0.00 0.00 $ - $ (500.00) $ - $ - 42 FITTINGS BY COUNT, DUCTILE IRON, 8 IN, MJ CAP EACH $ 400.00 7.0 5.00 0.00 -2.00 0.00 0.00 $ - $ (800.00) $ - $ - 43 FITTINGS BY COUNT, DUCTILE IRON, 8IN, 90° ELBOW EACH $ 525.00 1.0 5.00 0.00 4.00 0.00 0.00 $ - $ 2,100.00 $ - $ - 44 FITTINGS BY COUNT, DUCTILE IRON, 8 IN, 22 1/2° ELBOW EACH $ 525.00 3.0 4.00 0.00 1.00 0.00 0.00 $ - $ 525.00 $ - $ - 45 FITTINGS BY COUNT, DUCTILE IRON, 8 IN, 111/4° ELBOW EACH $ 525.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 46 FITTINGS BY COUNT, DUCTILE IRON, 8IN, TEE EACH $ 1,000.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 47 FITTINGS BY COUNT, DUCTILE IRON, 8 IN, LOCKING TEE EACH $ 1,100.00 1.0 0.00 -1.00 0.00 0.00 $ - $ (1,100.00) $ - $ - 48 FITTINGS BY COUNT, DUCTILE IRON, 8 IN X 6 IN, TEE EACH $ 1,000.00 2.0 0.00 -2.00 0.00 0.00 $ - $ (2,000.00) $ - $ - 49 FITTINGS BY COUNT, DUCTILE IRON, 8 IN X 4IN, REDUCER EACH $ 400.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 50 FITTINGS BY COUNT, DUCTILE IRON, 8 IN X 6IN, REDUCER EACH $ 400.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 51 FITTINGS BY COUNT, DUCTILE IRON, 12 IN, MJ CAP EACH $ 550.00 1.0 2.00 0.00 1.00 0.00 0.00 $ - $ 550.00 $ - $ - 52 FITTINGS BY COUNT, DUCTILE IRON, 12 IN, 90° ELBOW EACH $ 775.00 4.0 3.00 0.00 -1.00 0.00 0.00 $ - $ (775.00) $ - $ - 53 FITTINGS BY COUNT, DUCTILE IRON, 12 IN, 45° ELBOW EACH $ 725.00 9.0 15.00 0.00 6.00 0.00 0.00 $ - $ 4,350.00 $ - $ - 54 FITTINGS BY COUNT, DUCTILE IRON, 12 IN, 221/2° ELBOW EACH $ 725.00 6.0 4.00 0.00 -2.00 0.00 0.00 $ - $ (1,450.00) $ - $ - 55 FITTINGS BY COUNT, DUCTILE IRON, 12 IN, 111/4° ELBOW EACH $ 725.00 1.0 3.00 0.00 2.00 0.00 0.00 $ - $ 1,450.00 $ - $ - 56 FITTINGS BY COUNT, DUCTILE IRON, 12IN, TEE EACH $ 1,350.00 3.0 2.00 0.00 -1.00 0.00 0.00 $ - $ (1,350.00) $ - $ - 57 FITTINGS BY COUNT, DUCTILE IRON, 12 IN, LOCKING TEE EACH $ 1,400.00 1.0 0.00 -1.00 0.00 0.00 $ - $ (1,400.00) $ - $ - 58 FITTINGS BY COUNT, DUCTILE IRON, 12 IN X 6 IN, TEE EACH $ 1,300.00 3.0 1.00 0.00 -2.00 0.00 0.00 $ - $ (2,600.00) $ - $ - 59 FITTINGS BY COUNT, DUCTILE IRON, 12 IN X 8 IN, TEE EACH $ 1,300.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 60 FITTINGS BY COUNT, DUCTILE IRON, 12 IN X 6 IN, LOCKING TEE EACH $ 1,400.00 5.0 6.00 0.00 1.00 0.00 0.00 $ - $ 1,400.00 $ - $ - 61 FITTINGS BY COUNT, DUCTILE IRON, 12 IN X 8 IN, LOCKING TEE EACH $ 1,400.00 6.0 3.00 0.00 -3.00 0.00 0.00 $ - $ (4,200.00) $ - $ - 62 FITTINGS BY COUNT, DUCTILE IRON, 12 IN X 6 IN, REDUCER EACH $ 550.00 2.0 1.00 0.00 -1.00 0.00 0.00 $ - $ (550.00) $ - $ - 63 FITTINGS BY COUNT, DUCTILE IRON, 12 IN X 8 IN, REDUCER EACH $ 550.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 64 FITTINGS BY COUNT, DUCTILE IRON, 12 IN X 6 IN, TAPPING SLEEVE EACH $ 2,850.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 65 FITTINGS BY COUNT, DUCTILE IRON, 4 IN, RJ LONG SLEEVE EACH $ 375.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - rage ZUb 0 FY 2019 University Avenue Reconstruction Project Phase 2 - Midway City of Waterloo Project No.: 934 AECOM Project No.: 60603631 Dr to Greenhill Rd FINAL QUANTITY SUMMARY 3/19/2024 Authorized Quantities Contract Quantities Division 1 Division 2 Division 3 Division 4 Division 1 Division 2 Division 3 Division 4 Item No. Item Unit Unit Bid Price Division 1 Quantities Division 2 Quantities Division 3 Quantities Division 4 Quantities Division 1 Total Quantities Division 2 Total Quantities Division 3 Total Quantities Division 4 Total Quantities Quantity Difference Quantity Difference Quantity Difference Quantity Difference Increase/ Decrease Increase/ Decrease Increase/ Decrease Increase/ Decrease 66 FITTINGS BY COUNT, DUCTILE IRON, 6 IN, RJ LONG SLEEVE EACH $ 450.00 7.0 4.00 0.00 -3.00 0.00 0.00 $ - $ (1,350.00) $ - $ - 67 FITTINGS BY COUNT, DUCTILE IRON, 8 IN, RJ LONG SLEEVE EACH $ 475.00 5.0 5.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 68 FITTINGS BY COUNT, DUCTILE IRON, 12 IN, RJ LONG SLEEVE EACH $ 700.00 2.0 6.00 0.00 4.00 0.00 0.00 $ - $ 2,800.00 $ - $ - 69 WATER SERVICE STUB, COPPER, 3/4 IN LF $ 250.00 28.6 79.90 0.00 51.30 0.00 0.00 $ - $ 12,825.00 $ - $ - 70 WATER SERVICE STUB, COPPER, 1 IN LF $ 325.00 63.2 138.40 0.00 75.20 0.00 0.00 $ - $ 24,440.00 $ - $ - 71 WATER SERVICE STUB, COPPER, 11/4 IN LF $ 275.00 23.2 34.40 0.00 11.20 0.00 0.00 $ - $ 3,080.00 $ - $ - 72 WATER SERVICE STUB, COPPER, 2 IN LF $ 425.00 19.3 35.40 0.00 16.10 0.00 0.00 $ - $ 6,842.50 $ - $ - 73 WATER SERVICE STUB, TRENCHED, COPPER, 3/4 IN, WITH INTEGRAL RESTRAINED JOINT CASING PIPE LF $ 125.00 38.4 88.40 0.00 50.00 0.00 0.00 $ - $ 6,250.00 $ - $ - 74 WATER SERVICE STUB, TRENCHED, COPPER, 1 IN, WITH INTEGRAL RESTRAINED JOINT CASING PIPE LF $ 125.00 39.0 39.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 75 WATER SERVICE STUB, TRENCHED, COPPER, 11/41N, WITH INTEGRAL RESTRAINED JOINT CASING PIPE LF $ 125.00 46.0 44.00 0.00 -2.00 0.00 0.00 $ - $ (250.00) $ - $ - 76 WATER SERVICE STUB, TRENCHLESS, COPPER, 1 IN, WITH INTEGRAL RESTRAINED JOINT CASING PIPE LF $ 125.00 45.8 45.80 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 77 WATER SERVICE STUB, TRENCHLESS, COPPER, 11/41N, WITH INTEGRAL RESTRAINED JOINT CASING PIPE LF $ 125.00 41.8 0.00 -41.80 0.00 0.00 $ - $ (5,225.00) $ - $ - 78 WATER SERVICE STUB, TRENCHLESS, COPPER, 2 IN, WITH INTEGRAL RESTRAINED JOINT CASING PIPE LF $ 125.00 50.7 50.00 0.00 -0.70 0.00 0.00 $ - $ (87.50) $ - $ - 79 VALVE, GATE, DIP, 4 IN EACH $ 1,100.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 80 VALVE, GATE, DIP, 6 IN EACH $ 1,350.00 15.0 9.00 0.00 -6.00 0.00 0.00 $ - $ (8,100.00) $ - $ - 81 VALVE, GATE, DIP, 8 IN EACH $ 1,600.00 8.0 8.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 82 VALVE, GATE, DIP, 12 IN EACH $ 2,400.00 18.0 18.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 83 FIRE HYDRANT EACH $ 6,000.00 9.0 9.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 84 FIRE HYDRANT ASSEMBLY REMOVAL EACH $ 1,500.00 8.0 8.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 85 MANHOLE, SW-401, 48 IN. EACH $ 3,750.00 4 8.00 4.00 0.00 0.00 0.00 $ 15,000.00 $ - $ - $ - 86 MANHOLE, SW-401, 60 IN. EACH $ 5,000.00 2 2.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 87 MANHOLE, SW-402, 4 X 4 EACH $ 4,500.00 1 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 88 INTAKE, SW-501 EACH $ 5,500.00 2 2.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 89 INTAKE, SW-507 EACH $ 5,000.00 14 15.50 1.50 0.00 0.00 0.00 $ 7,500.00 $ - $ - $ - 90 INTAKE, SW-508 EACH $ 5,500.00 6 6.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 91 INTAKE, SW-509 EACH $ 5,500.00 12 12.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 92 INTAKE, SW-510 EACH $ 6,250.00 8 8.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 93 INTAKE, SW-545 EACH $ 6,250.00 1 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 94 95 96 97 98* 99* 100 CONNECTION TO EXISTING MANHOLE OR INTAKE MANHOLE OR INTAKEADJUSTMENT,MINOR _EACH MANHOLE OR INTAKE ADJUSTMENT, MAJOR REMOVALS, MANHOLE OR INTAKE SANITARY SEWER SPOT REPAIR, BY COUNT (CO 5.3) SANITARY SEWER SPOT REPAIR BYLINE' •• • , STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C-SUD, CLASS 3 DURABILITY, 8 IN. EACH EACH EACH EACH LF SY $ 1,500.00 $ 1,400.00 $ 3,250.00 $ 1,000.00 $ 5,000.00 •• •• $ 40.00 13 35 361.5 1.0 10.00 8.00 2.00 42.00 412.46 1.00 -3.00 -2.00 0.00 7.00 0.00 • •• 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0• 0.00 0.00 0.00 0.00 0.00 0.00 • •• $ (4,500.00) $ 00.00) $ $ 7,000.00 $ $ - $ $ $ - $ - - - $ - Ej �! $ - $ - $ - $ - - 50.96 0.00 0.00 $ 2,038.40 $ - $ - $ - 101 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C-SUD, CLASS 3 DURABILITY, 10 IN. SY $ 48.00 30422.4 544.9 30578.80 544.90 156.40 0.00 0.00 0.00 $ 7,507.20 $ - $ - $ - 102 TEMPORARY PAVEMENT SY $ 66.00 3148.3 426.3 2835.80 331.60 -312.50 0.00 -94.70 0.00 $ (20,625.00) $ - $ (6,250.20) $ - 103 CURB AND GUTTER, SLOPED, VAR., 6 IN. LF $ 26.00 662 47.10 -614.90 0.00 0.00 0.00 $ (15,987.40) $ - $ - $ - 104 CURB AND GUTTER, STANDARD, VAR., 6 IN. LF $ 26.00 536 320.0 581.60 360.80 45.60 0.00 40.80 0.00 $ 1,185.60 $ - $ 1,060.80 $ - 105 CONCRETE MEDIAN SY $ 66.00 36.5 -36.50 0.00 0.00 0.00 $ (2,409.00) $ - $ - $ - 106 LINSEED OIL SURFACE TREATMENT OF PCC PAVING AND CURB AND GUTTER SY $ 1.20 3681.5 5517.93 1836.43 0.00 0.00 0.00 $ 2,203.72 $ - $ - $ - 107 HMA PAVEMENT, STANDARD, 8 IN. SY $ 90.00 161.7 769.60 607.90 0.00 0.00 0.00 $ 54,711.00 $ - $ - $ - 108 REMOVAL OF SIDEWALK, SHARED USE PATH, OR DRIVEWAY SY $ 5.50 1214.4 2.8 1342.50 11.00 128.10 0.00 8.20 0.00 $ 704.55 $ - $ 45.10 $ - 109 SHARED USE PATHS, PCC, 6 IN. SY $ 32.00 3717.9 61.8 3537.40 72.00 -180.50 0.00 10.20 0.00 $ (5,776.00) $ - $ 326.40 $ - 110 PCC SIDEWALK, PCC, 4IN. SY $ 34.00 1749.6 3.9 1641.80 15.40 -107.80 0.00 11.50 0.00 $ (3,665.20) $ - $ 391.00 $ - 111 STANDARD PORTLAND CEMENT COLORED CONCRETE PAVEMENT, CLASS C-4, CLASS 3 DURABILITY, 6 IN. SY $ 110.00 2340.2 37.1 2283.00 38.10 -57.20 0.00 1.00 0.00 $ (6,292.00) $ - $ 110.00 $ - 112 STANDARD PORTLAND CEMENT COLORED CONCRETE PAVEMENT, CLASS C-4, CLASS 3 DURABILITY, 10 IN. SY $ 132.50 791.6 lb 922.90 105.60 131.30 0.00 0.00 0.00 $ 17,397.25 $ $ - $ - 113 DETECTABLE WARNINGS, CAST IRON SF $ 30.00 435 55.0 526.00 61.00 91.00 0.00 6.00 0.00 $ 2,730.00 $ - $ 180.00 $ - 114 DRIVEWAYS, PCC, 6 IN. SY $ 37.75 2151.8 2002.80 -149.00 0.00 0.00 0.00 $ (5,624.75) $ - $ - $ - 115 FULL DEPTH PATCHES, COMPOSITE SY $ 155.00 46.7 93.0 161.20 114.50 -93.00 0.00 0.00 $ 17,747.50 $ (14,415.00) $ - $ - 116 FULL DEPTH PATCHES, HMA SY $ 145.00 40.4 158.60 118.20 0.00 0.00 0.00 $ 17,139.00 $ - $ - $ - 117 FULL DEPTH PATCHES, PCC SY $ 105.00 41.5 16.9 181.00 -41.50 164.10 0.00 0.00 $ (4,357.50) $ 17,230.50 $ - $ - 118 REMOVAL OF PAVEMENT SY $ 5.50 44258.3 803.6 44258.30 181.00 803.60 0.00 181.00 0.00 0.00 $ - $ 995.50 $ - $ - 119 CURB AND GUTTER REMOVAL LF $ 2.50 3180 320.0 752.00 342.00 -2428.00 0.00 22.00 0.00 $ (6,070.00) $ - $ 55.00 $ - 120 SAWCUT FOR REMOVALS LF $ 5.50 5142.8 188.8 5674.00 216.00 342.00 531.20 216.00 153.20 0.00 $ 2,921.60 $ 1,188.00 $ 842.60 $ - 121 TRAFFIC SIGNAL EACH $ 215,000.00 2.5 0.5 2.50 0.50 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 122 TRAFFIC SIGNAL REMOVAL EACH $ 4,500.00 2.5 0.5 2.50 0.50 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 123 TEMPORARY TRAFFIC SIGNAL EACH $ 12,000.00 2.5 0.5 2.50 0.50 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 124 TRAFFIC CONTROL LS $ 60,000.00 1 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 125 LIGHT POLES EACH $ 4,750.00 40 40.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 126 ELECTRICAL CIRCUITS LF $ 10.00 12395 12395.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 127 HANDHOLES AND JUNCTION BOXES EACH $ 950.00 44 42.00 -2.00 0.00 0.00 0.00 $ (1,900.00) $ - $ - $ - 128 CONTROL CABINET EACH $ 6,500.00 1 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 129 FLAGGER EACH $ 600.00 20 25.50 5.50 0.00 0.00 0.00 $ 3,300.00 $ - $ - $ - 130 PAINTED PAVEMENT MARKINGS, SOLVENT WATERBORNE STA $ 36.00 301.09 10.9 376.88 7.62 75.79 0.00 -3.32 0.00 $ 2,728.44 $ - $ (119.52) $ - 131 WET, RETROREFLECTIVE REMOVABLE TAPE MARKINGS STA $ 110.00 316.48 20.0 227.66 52.30 42.25 -88.82 52.30 22.25 0.00 $ (9,770.20) $ 5,753.00 $ 2,447.50 $ - 132 PAVEMENT MARKINGS REMOVED STA $ 115.00 49.9 3.2 163.66 113.76 0.00 -3.21 0.00 $ 13,082.40 $ - $ (369.15) $ - 133 PAINTED SYMBOLS AND LEGENDS, SOLVENT WATERBORNE EACH $ 100.00 4 4.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 134 REMOVAL OF CONCRETE FOOTINGS OF LIGHT POLES EACH $ 500.00 26 26.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 135 REMOVAL OF STEEL BEAM GUARDRAIL LF $ 8.50 126 126.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 136 SAFETY CLOSURE EACH $ 100.00 61 94.00 4.00 33.00 4.00 0.00 0.00 $ 3,300.00 $ 400.00 $ - $ - 137 REMOVE AND REINSTALL SIGN EACH $ 100.00 2 1.0 3.00 1.00 1.00 0.00 0.00 0.00 $ 100.00 $ - $ - $ - 138 REMOVAL OF TYPEASIGNASSEMBLY EACH $ 50.00 32 32.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ rage Lu FY 2019 University Avenue Reconstruction Project Phase 2 - Midway City of Waterloo Project No.: 934 AECOM Project No.: 60603631 Dr to Greenhill Rd FINAL QUANTITY SUMMARY 3/19/2024 Authorized Quantities Contract Quantities Division 1 Division 2 Division 3 Division 4 Division 1 Division 2 Division 3 Division 4 Item No. Item Unit Unit Bid Price Division 1 Quantities Division 2 Quantities Division 3 Quantities Division 4 Quantities Division 1 Total Quantities Division 2 Total Quantities Division 3 Total Quantities Division 4 Total Quantities Quantity Difference Quantity Difference Quantity Difference Quantity Difference Increase/ Decrease Increase/ Decrease Increase/ Decrease Increase/ Decrease 139 REMOVAL OF TYPE B SIGN TRUSS AND FOUNDATION EACH $ 3,000.00 4 4.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 140 PERFORATED SQUARE STEEL TUBE POSTS LF $ 8.00 559 619.10 60.10 0.00 0.00 0.00 $ 480.80 $ - $ - $ - 141 PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK -AWAY SOIL INSTALLATION EACH $ 225.00 56 62.00 6.00 0.00 0.00 0.00 $ 1,350.00 $ - $ - $ 142 TYPEASIGNS,SHEETALUMINUM SF $ 17.50 468 478.75 10.75 0.00 0.00 0.00 $ 188.13 $ - $ - $ - 143 TYPEBSIGNS,SHEETALUMINUM SF $ 27.50 77 77.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 144 TEMPORARY BUSINESS ACCESS SIGNS EACH $ 100.00 37 6.0 102.00 6.00 65.00 0.00 0.00 0.00 $ 6,500.00 $ - $ - $ - 145 TEMPORARY BARRIER RAIL, CONCRETE LF $ 12.00 1290 1376.00 86.00 0.00 0.00 0.00 $ 1,032.00 $ - $ - $ - 146 TEMPORARY FLOODLIGHTING LUMINAIRE EACH $ 1,000.00 10 3.0 6.00 -4.00 0.00 -3.00 0.00 $ (4,000.00) $ - $ (3,000.00) $ - 147 TEMPORARY LANE SEPARATION SYSTEM LF $ 10.00 2304 992.0 1563.00 1522.00 -741.00 0.00 530.00 0.00 $ (7,410.00) $ - $ 5,300.00 $ - 148 PORTABLE DYNAMIC MESSAGE SIGN CDAY $ 75.00 120 244.00 124.00 0.00 0.00 0.00 $ 9,300.00 $ - $ - $ - 149 TEMPORARY SEEDING ACRE $ 2,100.00 4.4 0.1 7.77 0.10 3.37 0.00 0.00 0.00 $ 7,077.00 $ - $ - $ - 150 SWPPP MANAGEMENT LS $ 20,000.00 1 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 151 SEEDING,FERTILIZING, AND MULCHING FOR HYDRAULIC SEEDING ACRE $ 4,500.00 4.4 0.1 6.78 0.26 2.38 0.00 0.16 0.00 $ 10,710.00 $ - $ 720.00 $ - 152 PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE LF $ 3.00 2150 125.0 5625.00 3475.00 0.00 -125.00 0.00 $ 10,425.00 $ - $ (375.00) $ - 153 REMOVAL OF PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE LF $ 0.25 2150 125.0 5625.00 3475.00 0.00 -125.00 0.00 $ 868.75 $ - $ (31.25) $ - 154 SILT FENCE OR SILT FENCE DITCH CHECK INSTALLATION LF $ 2.25 2731.3 401.00 -2330.30 0.00 0.00 0.00 $ (5,243.17) $ - $ - $ - 155 MAINTENANCE OF SILT FENCE OR SILT FENCE DITCH CHECK LF $ 0.35 273.1 -273.10 0.00 0.00 0.00 $ (95.59) $ - $ - $ - 156 REMOVAL OF SILT FENCE OR SILT FENCE DITCH CHECK LF $ 0.50 2731.3 401.00 -2330.30 0.00 0.00 0.00 $ (1,165.15) $ - $ - $ - 157 ROLLED EROSION CONTROL PRODUCT, TYPE II SQ $ 22.50 103 -103.00 0.00 0.00 0.00 $ (2,317.50) $ - $ - $ - 158 MOWING ACRE $ 225.00 4.7 -4.70 0.00 0.00 0.00 $ (1,057.50) $ - $ - $ - 159 TEMPORARY INTAKE OR MANHOLE COVER ASSEMBLY EACH $ 65.00 6 -6.00 0.00 0.00 0.00 $ (390.00) $ - $ - $ - 160 MAINTENANCE OF TEMPORARY INTAKE OR MANHOLE COVER ASSEMBLY EACH $ 35.00 6 -6.00 0.00 0.00 0.00 $ (210.00) $ - $ - $ - 161 REMOVAL OF TEMPORARY INTAKE OR MANHOLE COVER ASSEMBLY EACH $ 25.00 6 -6.00 0.00 0.00 0.00 $ (150.00) $ - $ - $ - 162 OPEN -THROAT CURB INTAKE SEDIMENT FILTER EACH $ 105.00 45 98.00 53.00 0.00 0.00 0.00 $ 5,565.00 $ - $ - $ - 163 MAINTENANCE OF OPEN -THROAT CURB INTAKE SEDIMENT FILTER EACH $ 25.00 45 103.00 58.00 0.00 0.00 0.00 $ 1,450.00 $ - $ - $ - 164 REMOVAL OF OPEN -THROAT CURB INTAKE SEDIMENT FILTER EACH $ 25.00 45 98.00 53.00 0.00 0.00 0.00 $ 1,325.00 $ - $ - $ - 165 GRATE INTAKE SEDIMENT FILTER BAG EACH $ 135.00 3 2.0 15.00 12.00 12.00 0.00 10.00 0.00 $ 1,620.00 $ - $ 1,350.00 $ - 166 MAINTENANCE OF GRATE INTAKE SEDIMENT FILTER BAG EACH $ 35.00 3 2.0 1.00 -2.00 0.00 -2.00 0.00 $ (70.00) $ - $ (70.00) $ - 167 REMOVAL OF GRATE INTAKE SEDIMENT FILTER BAG EACH $ 25.00 3 2.0 15.00 12.00 12.00 0.00 10.00 0.00 $ 300.00 $ - $ 250.00 $ - 168 CHAIN LINK FENCE, 72 IN. LF $ 35.00 57.5 -57.50 0.00 0.00 0.00 $ (2,012.50) $ - $ - $ - 169 REMOVAL OF FENCE LF $ 15.00 57.5 27.50 -30.00 0.00 0.00 0.00 $ (450.00) $ - $ - $ - 170 MODULAR BLOCK RETAINING WALL SF $ 30.00 252 -252.00 0.00 0.00 0.00 $ (7,560.00) $ - $ - $ - 171 MOBILIZATION LS $ 650,000.00 1 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 172 RELOCATION OF MAILBOXES LS $ 2,000.00 1 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 173 CONCRETE WASHOUT LS $ 15,000.00 1 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 174 LANDSCAPING LS $ 275,000.00 -- 0.98 0.00 0.00 $ (5,650.00) $ 5,650.00 $ - 175 WATERING MGAL $ 160.00 11.76 21.50 9.74 0.00 0.00 0.00 $ 1,558.40 $ - $ - $ - 176 IN -LINE FLOCCULANT SOCK EACH $ 700.00 50 3.00 -47.00 0.00 0.00 0.00 $ (32,900.00) $ - $ - $ - 177 DEWATERING BAGS EACH $ 550.00 75 14.00 -61.00 0.00 0.00 0.00 $ (33,550.00) $ - $ - $ - 1-1 MOBILIZATION - CLEARING & GRUBBING LS $ 5,000.00 1 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - $ - $ - $ - $ - 1-2 CLEARING & GRUBBING ACRE $ 10,000.00 5.01 5.01 0.00 0.00 $ - $ - 1-3 1-5 1-6 1-7 2-1 TRAFFIC CONTROL - CLEARING AND GRUBBING LOADER/DOZER SUPERVISIOR MOBILIZATION- TUB GRINDING LOAD AND HAUL RATE ' LS HR r HR LS LOAD $ 3,000.00 $ 05.00 $ 100.00 $ 1,000.00 $ 140.00 1 41.. 0.0 8.0 1.0 60.0 480.0 1.00 3.00 41.0 8.00 1.00 50.00 629.68 0.00 0.00 $ - $ - Wir - $ - $ - $ - $ (1,400.00) < 5,343.58 $ - 0.00 0.00 0.00 0.00 n nn 0.00 0.00 0.00 0.00 0. ..vim 0.00 0.00 0.00 0.00 0.00 mow, 0.00 0.00 0.00 -10.00 149.6$ 0.00 7 - $ - $ - $ - $ - " 7 $ - $ - $ - $ - < -- - $ - $ - $ - $ - $ - - 3-1 OPTICON DETECTOR REPLACEMENT EACH $ 962.50 3 0.00 0.00 $ - $ - $ - 3-2 COLD WEATHER PROTECTION SY $ 1.00 2000 7785.88 5785.88 0.00 0.00 0.00 $ 5,785.88 $ - $ - $ - 3-3 8" - 45 DEGEE ELBOW EACH $ 561.00 1.0 6.00 0.00 5.00 0.00 0.00 $ - $ 2,805.00 $ - $ - 3-4 GREENHILLROADTRAFFICCONTROLANDMOBILIZATION LS $ 7,535.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 3-5 BORING PIT EXCAVATION AND BACKFILL LS $ 14,880.00 1.0 1.00 0.00 0.00 0.00 0.00 $ - $ - $ - $ - 4-1 TRENCH DRAIN, NEENAH R4996-C LF $ 376.54 26 26.00 0.00 0.00 0.00 0.00 0.00 0.00 . 0.00 0.00 0.00 0.00 $ - $ - $ - $ - $MJIIIIIIVI- 4-2 5-2 6-1 7-1 CONCRETE TRENCH LF CH LF LS EACH $ 67.69 --.-- $ 11.00 $ 2,035.00 $ 2,974.95 26 26.00 1.00 105.00 1.00 1 ' 0.00 -.--MINIW 15.00 0.00 0.00 0.00 0.00 0.00 0.00 $ - $ - $ - TARY SEWMINIMHOLE, SMIIIPW SANITARY ABANDONMENT, PLUG AND FILL, LESS THAN 36 IN. LANDSCAPING PLANTING MODIFICATION TRASH RECEPTICAL 0.00 0.00 0.00 $ W $ 165.00 $ - $ - W $ - $ - $ - $ - $ - $ - - i $ - $ - $ - Total Div 1 - City $ 343,286.46 Div 2 - WWW $ (106,275.00) Div 3 - CF $ 7,870.78 Div 4 - Parks $ 3,943.58 City Original Contract Change Order#1 Change Order#2 Change Order#3 Change Order#4 Change Order#5 Change Order#6 Change Order#7 Increase/Decrease Final Contract Amount Division 1 WWW $ 6,632,690.36 $ 58,100.00 $ 4,887.50 $ 11,549.98 $ (5,610.00) $ 2,035.00 $ 2,974.95 $ 343,286.46 $ 7,049,914.25 Division 2 $ 1,490,777.00 $ (23,024.00) CF Division 3 Parks $ 246,392.22 Division 4 Total - $8,369,859.58 49,025.00 $107,125.00 8,446.00 $8,446.00 -$18,136.50 $11,549.98 -$5,610.00 $2,035.00 $2,974.95 $ (106,275.00) $ 7,870.78 $ 3,943.58 $248,825.82 $ 1,361,478.00 $ 254,263.00 $ 61,414.58 $8,727,069.83 Page 208 of 630 MAINTENANCE BOND ALL MEN BY THESE PRESENTS: Bond No. 107048995 That, Peterson Contractors, Inc. of Reinbeck, IA as Principal, and the Travelers Casualty and Surety Company of America are held and firmly bound unto City of Waterloo as Surety, in the penal sum of Eight Million Seven Hundred Twenty Seven Thousand, Sixty Nine and 83/100 ($ 8,727,069.83 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 entered into a certain contract, with City of Waterloo To furnish all the material and labor necessary for the construction of FY 2019 University Avenue Reconstruction - Phase 2, Contract No. 934, Waterloo, IA in Waterloo, IA In conformity with certain specifications; and Whereas a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two (2) years from date of acceptance of the work under said contract; and Whereas the said Travelers Casualty and Surety Company of America for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of Two (2) years from the date of 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. In Witness whereof, we have hereunto set our hands and seals this 3rd day of April , 2024 Peters] n•ebiit actors, Inc. B "&v_ Travele One Tower Square Address rl t nd Surety Company of America Surety $ ....11R..• .. HAHTFORD,;<= ILA CONN. Eo E er Attorney -in -Fact a' �1111111''115«'t Hartford, CT 06183 Page 209 of 630 TRAVELERS) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Anne Crowner of WAUKEE Iowa , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of ApriI, 2021. State of Connecticut By: City of Hartford ss. Robert L. Reneenior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 3rd day of April 2024 Kevin E. Hughes, Asstent Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3830. Please refer to the above -named Attorney(s)-In-Fact and the details of the bond to which this Power of Attorney is attached. Page 210 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $8,727,069.83, in conjunction with the FY 2019 University Avenue Reconstruction - Phase 2, Contract No. 934, 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 211 of 630 None Page 212 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Hambly & Sons of Waterloo, Iowa, in the amount of $16,750.00, in conjunction with the CARES Maintenance Terminal Duct Cleaning Project, Project No. 3-19-0094-048. 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. Terminal Building Duct Cleaning Acceptance Page 213 of 630 Page 214 of 630 A ECOM Imagine it. AECOM Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com April 4, 2024 Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Terminal Building Duct Cleaning Waterloo Regional Airport Waterloo, Iowa FAAAIP Project No. 3-19-0094-048 AECOM ID No. 60675091 Dear Mr. Kjergaard: By this letter, we hereby state: 1. We have made a final review of the project and recommend acceptance. 2. To the best of our knowledge and belief, based on observations of AECOM staff, the contractor, Hambly & Sons. 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 $16,750.00. ,,Q�ottss:o7q ,,„ '+� ` 4.':.ti: "' • DAVID B. •.0 = 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. C W : HUGHES 12e. •• 13037 ;,� _ f.•. Apr 5, 2024 • •.: David B. Hughes Date %,, low , .s, "11111111111111100. License No. 13037 My license renewal date is December 31, 2025. Pages or sheets covered by this seal: aecom.com Page 215 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Building Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 2 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $0.00, in conjunction with the Waterloo Convention Center Restroom Renovation Project, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION A. CR: Cost of labor and materials to add furring to 2nd floor women's restroom - add $1,440.00. B. RFI #8 and CR 5: Credit for salvaging existing doorframe and hardware for men's restroom - deduct ($535.00) Total Add $905.00 Reduce specified general allowance from $30,000.00 to $29,095.00. Contract sum remains unchanged. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 216 of 630 ATTACHMENTS 1. Change Order No. 2 - WCC Restroom Reno Page 217 of 630 AI® Document G701`-2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: 5 Sullivan Brothers Convention Center - Contract For: General Construction Restroum Renovation 233 W 4th Street Date: Date: March 22, 2024 Waterloo, IA 50701 OWNER: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 ARCHITECT: (Name and address) I&S Group, Inc. (ISO) 314 East 4th Street Waterloo, CA 50703 CHANGE ORDER INFORMATION: Change Order Number: 002 CONTRACTOR: (Name and address) Peters Construction Corporation 901 Black Hawk Road Waterloo, IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) A. CR 2: Cost of labor and materials to add furring to 2nd floor womens restroom ADD $1,440.00 B. RFT #8 and CR 5: Credit for salvaging existing doorframe and hardware for mens restroom (RR #A1) DEDUCT ($535.00) TOTAL ADD $905.00 REDUCE SPECIFIED GENERAL ALLOWANCE FROM $30,000.00 TO $29,095.00. CONTRACT SUM REMAINS UNCHANGED. The original Contract Suro was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be the same 995,697.00 6,038.00 $ 1,001,735.00 0.00 $ 1,001,735.00 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. I&S Group, Inc. (ISG) ARCHITECT (Firm name) SIGNATURE Nathan Compton, Project Manager PRINTED NAME AND TITLE March 22 2024 DATE Peters Construction Corporation City of Waterloo CONTRACTOR (Firm name) OWNER (Firm name) SIGNATURE SIGNATURE Bradley Best, President PRINTED NAME AND TITLE DATE PRINTED NAME AND TITLE DATE AIA Document G701 — 2017. Copyright ® 1979, 1987, 2000 , 2001 and 2017. All rights reserved. "The American Institute of Architects,' 'American Institute of Architects," "AIA,` the AIA Logo, and `AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 15:55:56 ET on 0312212024 under Order No.3104238596 which expires on 05/1512024, is not for resale, is licensed for one•Ilme use only, and may only be used In accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail doclnto@aiaoontracis.com. User Notes: (3139ADA54) Page 218 of 630 1 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion approving Change Order No. 1 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $14,090.05, in conjunction with CARES Maintenance Hangar No. 4 Mold Remediation Project, Project No. 3-19-0094-048, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 219 of 630 1. Peters Construction - Hangar No. 4 Mold Remediation Change Order No. 1 Page 220 of 630 CHANGE ORDER NO. 1 Owner: Waterloo Regional Airport, City of Waterloo, Iowa Project: Hangar No. 4 (Mold Remediation) Owner's Contract No. FAA AIP Project No. 3-19-0094-048 (CARES) Contractor: Peters Construction Corporation Date of Contract Start: February 5, 2024 Date: March 20, 2024 You are directed to make the following changes in the Contract Documents. Description: ITEM NO. DESCRIPTION RIPTION UNIT UNIT BID PRICE CHANGE ORDER NO. 1 CHANGE ORDER AMOUNT 6 DRYWALL REPLACEMENT SF $ 15.58 -253.0 $ (3,941.74) 8 DRYWALL REMOVAL ONLY SF $ 12,11 1,489.0 $ 18,031.79 TOTALS $ 14,090.05 Reason for Change Order: Item 6 — Quantity adjusted based on field measurements. Item 8 -- Quantity added based on field conditions requiring additional drywall removal. ALO FAA AIP 3-19-0094-048 CO-1 Project No — 60675091 1 Page 221 of 630 CONTRACT PRICE CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: $ 98,942,10 Original: Previous C,O.s (DEDUCT):$ 0.00 Previous C.O.s (ADD): This C.O. (ADD): $ 14,090.05 This C.O. (ADD): Contract Price with all REVISED: approved Change Orders: $ 113,032.15 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. RECOMMENDED: By: ---- Engineer (Authorized Signature) APPROVED: March 21, 2024 Date By: Owner (Authorized Signature) Date ACCEPTED: By: ) ,•.,J'd 1-1 Contractor (Authorized Signature) Date ALO FAA AIP 3-19-0094-048 CO-1 Project No -- 60675091 2 Page 222 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peters Construction Corporation, of Waterloo, Iowa, in the amount of $113,032.15, in conjunction with the CARES Maintenance Hangar No. 4 Mold Remediation Project, Project No. 3-19- 0094-048. 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 223 of 630 None Page 224 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion approving Change Order No. 2 with FM Controls, Inc., of Fort Dodge, Iowa, for a net increase of $2,550.00, in conjunction with CARES HVAC Controls Project, Project No. 3-19-0094-048, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. FM Controls - CO No. 2 - HVAC Project Page 225 of 630 Page 226 of 630 CHANGE ORDER NO. 2 Owner: Waterloo Regional Airport, City of Waterloo, Iowa Date: March 13, 2024 Project: Improve Terminal Building (Upgrade HVAC System Controls) Owner's Contract No. FAA AIP Project No. 3-19-0094-048 (CARES) Contractor: FM Controls, Inc. Date of Contract Start: April 17, 2023 You are directed to make the following changes in the Contract Documents. Description: ITEM NO. DESCRIPTION UNIT UNIT BID PRICE CHANGE ORDER NO. 1 CHANGE ORDER AMOUNT 13 Boiler Low Water Cutoff Replacement EA $ 750.00 1 $ 750.00 14 Boiler Pump Relay Replacement EA $ 600.00 1 $ 600.00 15 Replace AHU Flow Control Valve EA $ 1,200.00 1 $ 1,200.00 TOTALS $ 2,550.00 Reason for Change Order: Items 13 through 15 -- Miscellaneous maintenance items found during installation of controls system ALO FAA AIP 3-19-0094-048 CO-2 Project No — 60675091 1 Page 227 of 630 CONTRACT PRICE CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: $ 122,390.00 Original: Previous C.O.s (ADD): $ 16,680.00 Previous C.O.s (ADD): This C.O. (ADD): $ 2,550.00 This C.O. (ADD): Contract Price with all REVISED: approved Change Orders: $ 141,620.00 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. RECOMMENDED: By: 5.:r�` 3. 1, (3J-��� Engineer (Authorized Signature) Date APPROVED: By: Owner (Authorized Signature) Date ACCEPTED: �� By: q/( d`C)'91 Con`t •actor (Authorized Signature) Date ALO FAA AIP 3-19-0094-048 CO-2 Project No — 60675091 2 Page 228 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by FM Controls of Fort Dodge, Iowa in the amount of $141,620.00, in conjunction with the CARES HVAC Controls Project, Project No. AIP 3-19-0094-054. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 229 of 630 Page 230 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, in the amount of $164,500.00, in conjunction with the CARES CCTV Project, Project No. 3-19-0094-054. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 231 of 630 Page 232 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, in the amount of $46,074.00, in conjunction with the CARES Maintenance Misc. Lighting Project, Project No. 3-19-0094-048-2020. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 233 of 630 Page 234 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 1 with Lodge Construction, Inc., of Clarksville, Iowa, for a net decrease of $77.00, in conjunction with CARES ARFF Station Parking Project, Project No. 3-19- 0094-055, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Lodge Construction - Pave ARFF Parking Lot - Change Order No. 1 Page 235 of 630 Page 236 of 630 CHANGE ORDER NO. 1 Owner: Waterloo Regional Airport, City of Waterloo, Iowa Project: AARF Station Parking Area and Roadway Access Owner's Contract No. FAA AIP Project No. 3-19-0094-055 (CARES) Contractor: Lodge Construction, Inc. Date of Contract Start: September 18, 2023 Date: December 28, 2023 You are directed to make the following changes in the Contract Documents. Description: ITEM NO. DESCRIPTION UNIT UNIT BID PRICE CHANGE ORDER NO. 1 CHANGE ORDER AMOUNT 1 EXCAVATION, CLASS 13, WASTE CY $ 13.00 30.0 $ 390.00 2 TOPSOIL, FURNISH AND SPREAD CY $ 50,00 35.0 $ 1,750.00 3 MODIFIED SUBBASE CY $ 55.00 30.0 $ 1,650.00 4 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C, CLASS 3 DURABILITY, 7 IN. SY $ 77.00 20.0 $ 1,540.00 8 SIDEWALK, P.C. CONCRETE, 4 IN. SY $ 150.00 (18.0) $ (2,700.00) 14 SODDING SY $ 265.00 (11.0) $ (2,915.80) 15 WATERING FOR SOD, SPECIAL DITCH CONTROL, OR SLOPE PROTECTION GAL $ 0.37 (6,600.0) $ (2,442.00) 16 GRATE INTAKE SEDIMENT FILTER BAG EA $ 315.00 (2.0) $ (630.00) 17 MAINTENANCE OF GRATE INTAKE SEDIMENET FILTER BAG EA $ 5.00 (2.0) $ (10.00) 18 REMOVAL OF GRATE INTAKE SEDIMENT FILTER BAG EA $ 160.00 (2.0) $ (320.00) 20 MOBILIZATIONS, EMERGENCY EROSION CONTROL EA $ 300.00 (1.0) $ (300.00) 1-1 TEMPORARY HYDROMULCH SQ $ 30.00 34.0 $ 1,020.00 1-2 SEEDIFERTILIZEIHYDROMULCH (TYPE 1) SO $ 85.00 34.0 $ 2,890.00 TOTALS $ (77.00) Reason for Change Order: 1 — Extra quantity for subgrade patch. 2 -- Quantity adjusted based on field measurements 3 — Extra quantity for subgrade patch. 4 --Extra quantity for pavement that was added to project. 8 — Item was removed from the project. 14 — Item was removed from the project. 15 — Item was removed from the project. 16 — Quantity adjusted based on field measurements. 17 — Quantity adjusted based on field measurements. 18 — Quantity adjusted based on field measurements. 20 -- Quantity adjusted based on field measurements. 1-1 --Item was added to temporary mulch disturbed areas over the winter. 1-2 -- Item was added in replacement of the sodding item. ALO FAA AIP 3-19-0094-055 CO-1 Project No -- 60675091 1 Page 237 of 630 CONTRACT PRICE CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: $ 166,069.00 Original: Previous C.O.s (DEDUCT):$ 0.00 Previous C.O.s (ADD): This C.O. (ADD): $ (77.00) This C.O. (ADD): Contract Price with all REVISED: approved Change Orders: $ 165,992.00 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 atnount 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. RECOMMENDED: By: Engineer (Authorized Signature) APPROVED: By: 0'4'o3) Date Owner (Authorized Signature) Date ACCEPTED: 13y:� ontractor (Authorized Signature) • Date 01/03/2024 ALO FAA Al? 3-19-0094-055 CO-1 Project No — 60675091 2 Page 238 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $165,992.00, in conjunction with the CARES Pave ARFF Parking Area Project, Project No. 3-19-0094-055. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 239 of 630 Page 240 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Jeff Wolff from the Civil Service List to the position of Combination Inspector II in the Building Department, effective April 29, 2024. 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. Personnel Requisition Form 2. Combination Inspector II Job Description Page 241 of 630 3. Combination Inspector II Requistion Page 242 of 630 PERSONNEL REQUISITION FORM Check as applicable: To start recruiting or civil service process and/or To fill a vacancy Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Combination Inspector II Department: Building Reports To: Building Official Work Location: City Hall Employment Status: x❑ Regular Full Time ❑ Temporary Full Time from to (] Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: i `7 Non -bargaining Position: x❑ Yes x❑ Yes 0 Yes Recommended Recruittnent Sources: ❑ No ❑ Internal Posting Only ❑ No x❑ Internal Posting and External Advertising ******4****4*4****************************44**4*4**RAF*4*4**************44***4***4*********4*4*4** Complete the following if the requisition is to fill a vacancy: 0 New Position or x❑ Replacement Position for: Promotion (Specify name and titto of former incumbent) If replacement, former incumbent: ❑ Retired/Resigned/Terminated ❑ Transferred X❑ Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date: it No, of hours/week: 40 Work schedule: 7:30 AM -4:00 PM Justification of need for position: This position covers all trade inspections under one permit. Building, pluinbing, heating electrical and FOG. What are the likely consequences if the position is not filled? We would not have anyone available to perform building inspections for commercial projects and new residential dwellings. iii- APPROVALS I /�, Annual safety requirements: tj11I1�i Hourly Rate: 32.24 Benefits: '' '��� 10i "f 4.111 (Payroll taxes, pension, health Ins:. assuming family) Is position budgeted for this and future FYs? x❑ Yes 0 No If no, how will position be funded? Approved subject to the following conditions: 1 2./1+Z S alettall lad tiv ezaoavcAEBS ubmftling Department Head Date .( • 'el ),)norer = }s' +Jlsrzoza +zm cu es1 Grief Financial Officer 12-es7 i`e.,hs IL 18/e:23 IA<) Alt EST Date Human Resources Committee Chairperson Date Created 6/30/2017 Mayor I2iL A7JOSP5E11 EST Date Human Resources Director Date Page 243 of 630 CITY OlF' 4 TERLOO [own Community of Opportunity DEPARTMENT BUILDING INSPECTIONS/MAINTENANCE SALARY $31.24, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Skilled technical position, under the general direction of the Building Official/Maintenance Administrator responsible for performing onsite inspections to secure compliance Black Hawk County and City of Waterloo ordinances and regulations governing the installation and repair of dwellings and the performance of code enforcement duties under the jurisdiction of the Building Inspections Department. No supervisory duties. Duties include but are not limited to the following: Inspects new and existing building, electrical, plumbing, and HVAC installations in residential/commercial buildings for conformance with safety standards, laws and ordinances. Checks work on required permits to insure building, plumbing, electrical, and HVAC complies with ordinances and regulations and recommends methods for improvement. Follows up with code enforcement issues, dilapidated buildings, garages, investigates complaints, and maintains records of work performed. Assists with rental inspections, FOG and FDD inspections. Other duties assigned. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Inspects new and existing electrical, building, plumbing, fire and heating installations in residential buildings for conformance with safety standards, laws and ordinances. 2. Checks work on required permits to see that building, plumbing, electrical and heating work complies with ordinances and regulations and recommends methods for improvement. 3. Follows up on code enforcement issues, dilapidated buildings, garages, investigates complaints, prepares reports and maintains records of work performed 4. Assists and advises citizens and building contractors by answering questions concerning the installation and repair of electrical, plumbing, HVAC and other building or remodeling issues. 5. Prioritizes and schedules time effectively with limited supervision. 6. Uses independent judgment and decision- making skills to recognize and solve problems as they Page 244 of 630 relate to City codes and ordinances. 7. Maintains accurate and thorough records of work performed. 8. Performs inspections as assigned by Building Official to include but not be limited to enforcement of International Building Code (IBC), International Residential Code (IRC), International Mechanical Code (IMC), international Plumbing Code (IPC) and International Property Maintenance Code (IPMC). 9. Inspections may be performed outdoors in all types of weather extremes for extended periods of time; environment may be dry/dusty, slippery/wet, hot/cold, excessively noisy with limited visibility; mechanical and electrical hazards may be present; atmosphere may contain dust and fumes; inspections performed from flat surface roof up to twenty-four (24) feet in the air; walking surface may be uneven with construction materials, debris or other obstructions. 10. Inspections often require stooping, kneeling, squatting, climbing or bending sometimes in cramped or difficult to navigate/reach areas. 11. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 12. Operates passenger type vehicle to drive to inspection• sites to perform inspections and respond to code complaints. 13. Performs work of a repetitive nature and varied workload pace. 14. Works independently and with others with minimum supervision. 15. Regular attendance on the job and at the work site is required. 16. Performs all work duties and activities in accordance with City policies, procedures and OSHA and Building Inspections safety rules and regulations. 17. Performs all other duties as assigned by the Building Official. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Considerable knowledge of standard practices, tools and terminology of all phases of construction trades. 2. Personal computer skills and ability to learn related software applications, enter and retrieve information on a computer, organize information through use of a computerized database, develop computer -generated reports and update records; knowledge of Microsoft Office software including Microsoft Word, Excel, Publisher, PowerPoint and Outlook and ability to learn specialized software used for the City of Waterloo permit system. 3. Knowledge of occupational hazards and safety precautions necessary in inspection and code enforcement activities and ability to enforce safety precautions. 4. Ability to identify possible problems involved in building, plumbing, electrical and mechanical operations as they relate to permit applications. 5. Ability to consult with property owners and contractors and sufficient interpersonal skills to communicate tactfully orally and in writing in a clear, concise and easily understandable manner while perfolming inspection duties. 6. Ability to use independent judgment to recognize and effectively resolve sensitive enforcement disputes and make decisions and recommendations regarding enforcement of related municipal ordinances. 7. Ability to perform professional work, research and give reliable advice on a wide range of code enforcement matters. 8. Ability to understand and carry out written and verbal instructions and to respond appropriately to questions from supervisors, coworkers, contractors and the public. 9. Ability to complete assigned work without direct supervision. Page 245 of 630 10. Ability to maintain working relationships and interact respectfully with other City departments and employees, City officials, property owners and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1, Bachelor's Degree in construction technology or closely related field with minimum three years of experience in the construction trades and customer service OR Associate's Degree in construction technology or closely related field with minimum five years of experience in the construction trades and one year in customer service OR High school graduate/G.E.D. with minimum ten years of experience in the construction trades and two years in customer service OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. Must obtain certification as Residential Inspector within 6-months of hire date and Residential Electrical Inspector within one year of hire date. 3. Iowa Driver's License and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or Tess 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; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient communication skills that permits the employee to interact effectively with the public, coworkers and property owners. Uses hand-held radio and telephone as communication devices to maintain contact with office. 2. Sufficient hearing to understand and carry out instructions and to respond verbally to questions from supervisor, coworkers, property owners and the public. 3. Sufficient personal mobility that permits the employee to operate passenger vehicle (generally a small pickup truck) safely in all types of weather and a variety of road conditions and to inspect residential properties in all areas of the City. Page 246 of 630 4. Sufficient mobility that permits the employee to stoop, kneel, squat, climb or bend/crouch sometimes in cramped or difficult to reach areas when performing inspections. 5. Sufficient vision and depth perception to drive a passenger vehicle and inspect new and remodeled building projects to assure that they meet applicable codes; sufficient color vision that permits the employee to identify colored indicator lights on electronic control panels, etc. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, hardhat and hearing protection as appropriate. 2. Following a conditional offer of employment, the City of Waterloo requires a physical examination including a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of this job classification. 3. The City of Waterloo reserves the right to conduct a background investigation including employment, education, certification and criminal history checks on any applicant being considered for this position. 4. Required to submit to and pass Civil Service examination procedures including oral interview testing. WORK SCHEDULE Work schedule will generally be 7:30 a.m. - 4:00 p.m. Monday through Friday with % hour unpaid lunch. Work hours and days subject to change with appropriate notice per collective bargaining agreement. Limited overtime. EXAMINATION INFORMATION All qualified candidates who apply by the deadline date will be required to appear before an interview 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 interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. COMBINATION INSPECTOR II 2023 Page 247 of 630 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 248 of 630 PERSONNEL REQUISITION Combination Inspector The following questions are provided as guidelines to assist you in developing your rational for the position of (Combination Inspector itt the (Building) 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 tlils position? Perform combination inspections for building permits, as wen as the Fog Program in the City of Waterloo, (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? -No, Bach inspection position is subject to specific training. (3) How is the work of this position being accomplished now? Combination inspections are being provided by (2) Chief City Inspectors - Bullding and Electrical and Fog Inspections are being performed by our Commercial Fire Inspector, (4) Are the filled positions in your department currently being utilized to their maximum potential? - Yes (5) slow would filling this position meet the steeds of your department ate City on either a short-term basis (if temporary position) or a long-term.basis (if a regular position)? it is crucial to insure timely and efficient inspections are being performed for the City of Waterloo. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Filling this position allows the tumbling inspectors to perform assigned duties and not be subject to worldng extra bong, (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? No. This has been accomplished by having the City of Waterloo's Chief Building and Chief Eleotrlcal inspectors provide their services for combination lnspeotions. Page 249 of 630 (9) (8) How has the workload or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The city strives to further cconomio development growth yearly. We have inoreased our permit valuations tom 91.2 million in 2013 to 140 million in 2021. This growth directly results ht more permits followed by hummed inspections. Wilds position is not filled, what affeetwill it have on your department? What work will not be done? What costs will you incur? Please be as specific as possible. Theelty Inspection process w111 suffer delays as our chief inspectors are helping to alleviate the additional burden. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The inspectors plan their sohedules accordingly. (11) Is it possible that the City could outsounce this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? Ne (12) How would you rank this position in terms of its contribution to City business in comparison with other positionsreporting to you? It is an important position as one inspector is an site to handle building, lwao, plumbing, and electrical inspections. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? It provides a service to the residents and contractors in a timely and professional manor. i •�f ', •lv la i�t i1 ,'yv `�['yr ',�1. �tv 4 �el�FE1 �'� sa:T.Li� E{ y'.' :4'�,?�i 3 Page 250 of 630 .. CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Tim Troyer from the current Civil Service List to the position of Combination Inspector II, in the Building Department, effective April 29, 2024. RECOMMENDED COUNCIL ACTION Approve Appointment SUMMARY STATEMENT AND BACKGROUND INFORMATION Appointment of Tim Troyer from the Civil Service list as Combination Inspector II to carry out the FOG Program. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Personnel Requisition Form - Page 251 of 630 2. Combination Inspector II Job Description 3. Combination Inspector II( fog Civil sery List exp 3.25) Page 252 of 630 PERSONNEL REQUISITION FORM Check as applicable: 1'o start recruiting or civil service process and/or To i'i11 a vacancy Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Cornbitltttion inspector 11 Department: B ildin Reports To: BuildingOfficial Work Location: City Hall limployment Status: x❑ Regular Full Time ❑ Temporary Full Time from to ❑ Regular Fait Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of PosiiiOH: Civil Service Position: Bargaining Position: Bargaining Group; '77 Non -bargaining Positron: x❑ Yes xO Yes ❑ Yes [ €commended Recruitment Sources: ❑ No 0 internal Posting Only ❑ No x❑ Internal Posting and External Advertising Complete the following if the requisition is to fill a vacancy: ❑ New Position or x❑ Replacement Position for: Pro:notion (Specify name and ilile of former incumbent) If replacement, former incumbent: ❑ Retired/Resigned/Terminated ❑ Transferred X[Y] Promoted Date of final payout: ate incumbent terminated employment: .nticipated start dale: No. of hours/week: 40 Work schedule: 7:30 AM -4:00 PM Justification of need for position: This position covers all trade inspections under one permit. Building, plumbing, heating electrical and FOG. What are the likely consequences if the position is not filled? We would not have anyone available to perform building inspections for commercial projects and new residential dwellings. lti APPROVALS 2)I t14�,4 4� U� Annual salary requirements: [f1l07 Hourly Rate: 32.24 Benefits: '`, I~ (Payton tuxes, pension. health ins - asun ning aunty) Is position budgeted for this and future FYs? x❑ Yes ❑ No If no, how will position be funded? _ Approved subject to the following conditions: )t.relttur % t w .1 1.xx10.110.?J41w.►1. uhmltlIng ncpariment head Date Mayor ✓ l7044.l %Un..W Chief Financial Officer 11. 1~!./33 ILO .}i V1Ui Y.fW11' Human It sources Committee Chairperson Created 6/30/2017 Date Dale �6..nGG buMw awl_ mv,.'WJNOYwssi !Inman Resources Director Daft Date Page 253 of 630 CITY OF Ik!4'TERLOO IOWA Community of Opputtumly CIVIL SERVICE NOTICE . CITY OF WATERLOO, IOWA P ROMOTIONAI . EXAM 1 NAT ION COMBINATION INSPECTOR II DEPARTMENT SALARY FLSA CIVIL SERVICE BUILDING INSPECTIONS/MAINTENANCE $31.24, WITH $1.00 INCREASE AFTER 6 MO NON-EXEMPT INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LIUNA Local #177 GENERAL STATEMENT OF DUTIES Skilled technical position, under the general direction of the Building Official/Maintenance Administrator responsible for performing onsite inspections to secure compliance Black Hawk County and City of Waterloo ordinances and regulations governing the installation and repair of dwellings and the performance of code enforcement duties under the jurisdiction of the Building inspections Department. No supervisory duties. Duties include but are not limited to the following: Inspects new and existing building, electrical, plumbing, and HVAC installations in residential/commercial buildings for conformance with safety standards, laws and ordinances. Checks work on required permits to insure building, plumbing, electrical, and HVAC complies with ordinances and regulations and recommends methods for improvement. Follows up with code enforcement issues, dilapidated buildings, garages, investigates complaints, and maintains records of work performed. Assists with rental inspections, FOG and FDD inspections. Other duties assigned. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. inspects new and existing electrical, building, plumbing, fire and heating installations in residential buildings for conformance with safety standards, laws and ordinances. 2. Checks work on required permits to see that building, plumbing, electrical and heating work complies with ordinances and regulations and recommends methods for improvement. 3. Follows up on code enforcement issues, dilapidated buildings, garages, investigates complaints, prepares reports and maintains records of work performed 4. Assists and advises citizens and building contractors by answering questions concerning the installation and repair of electrical, plumbing, HVAC and other building or remodeling issues. 5. Prioritizes and schedules time effectively with limited supervision. 6. Uses independent judgment and decision- making skills to recognize and solve problems as they Page 254 of 630 relate to City codes and ordinances, 7. Maintains accurate and thorough records of work performed. 8. Performs inspections as assigned by Building Official to include but not be limited to enforcement of International Building Code (IBC), International Residential Code (IRC), International Mechanical Code (IMC), International Plumbing Code (IPC) and International Property Maintenance Code (IPMC). 9. Inspections may be performed outdoors in all types of weather extremes For extended periods of time; environment may be dry/dusty, slippery/wet, hot/cold, excessively noisy with limited visibility; mechanical and electrical hazards may be present; atmosphere may contain dust and fumes; inspections performed from flat surface roof up to twenty-four (24) feet in the air; walking surface may be uneven with construction materials, debris or other obstructions. 10. Inspections often require stooping, kneeling, squatting, climbing or bending sometimes in cramped or difficult to navigate/reach areas. 11. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 12. Operates passenger type vehicle to drive to inspection• sites to perform inspections and respond to code complaints. 13 Performs work of a repetitive nature and varied workload pace. 14. Works independently and with others with minimum supervision. 15. Regular attendance on the job and at the work site is required. 16. Performs all work duties and activities in accordance with City policies, procedures and OSHA and Building Inspections safety rules and regulations. 17. Performs all other duties as assigned by the Building Official. REQUIRED KNOWLEDGE, SKILLS. AND ABILITIES 1. Considerable knowledge of standard practices, tools and terminology of all phases of construction trades. 2. Personal computer skills and ability to learn related software applications, enter and retrieve information on a computer, organize information through use of a computerized database, develop computer -generated reports and update records; knowledge of Microsoft Office software including Microsoft Word, Excel, Publisher, PowerPoint and Outlook and ability to learn specialized software used for the City of Waterloo permit system. 3. Knowledge of occupational hazards and safety precautions necessary in inspection and code enforcement activities and ability to enforce safety precautions. 4. Ability to identify possible problems involved in building, plumbing, electrical and mechanical operations as they relate to permit applications. 5. Ability to consult with property owners and contractors and suffkient interpersonal skills to communicate tactfully orally and in writing in a dear, concise and easily understandable manner while perfoiming inspection duties. b. Ability to use independent judgment to recognize and effectively resolve sensitive enforcement disputes and make decisions and recommendations regarding enforcement of related municipal ordinances. 7. Ability to perform professional work, research and give reliable advice on a wide range of code enforcement matters. 8. Ability to understand and carry out written and verbal instructions and to respond appropriately to questions from supervisors, coworkers, contractors and the public. 9. Ability to complete assigned work without direct supervision. Page 255 of 630 10. Ability to maintain working relationships and interact respectfully with other City departments and employees, City officials, property owners and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds, ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree in construction technology or closely related field with minimum three years of experience in the construction trades and customer service Q9 Associate's Degree in construction technology or closely related field with minimum five years of experience in the construction trades and one year in customer service Q9 High school graduate/G.E.D. with minimum ten years of experience in the construction trades and two years in customer service QB Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. Must obtain certification as Residential Inspector within 6-months of hire date and Residential Electrical Inspector within one year of hire date. 3. iowa Driver's License and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; Toss 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 Toss of license or conviction for OWI, reckless driving or other major moving violation; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient communication skills that permits the employee to interact effectively with the public, coworkers and property owners. Uses hand-held radio and telephone as communication devices to maintain contact with office. 2. Sufficient hearing to understand and carryout instructions and to respond verbally to questions from supervisor, coworkers, property owners and the public. 3. Sufficient personal mobility that permits the employee to operate passenger vehicle (generally a small pickup truck) safely in all types of weather and a variety of road conditions and to inspect residential properties in all areas of the City. Page 256 of 630 4. Sufficient mobility that permits the employee to stoop, kneel, squat, climb or bend/crouch sometimes in cramped or difficult to reach areas when performing inspections. 5. Sufficient vision and depth perception to drive a passenger vehicle and inspect new and remodeled building projects to assure that they meet applicable codes; sufficient color vision that permits the employee to identify colored Indicator lights on electronic control panels, etc. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, hardhat and hearing protection as appropriate. 2. Following a conditional offer of employment, the City of Waterloo requires a physical examination including a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of this job classification. 3. The City of Waterloo reserves the right to conduct a background investigation Including employment, education, certification and criminal history checks on any applicant being considered for this position. 4. Required to submit to and pass Civil Service examination procedures including oral interview testing. WORK SCHEDULE Work schedule will generally be 7:30 a.m. - 4:00 p.m. Monday through Friday with 14 hour unpaid lunch. Work hours and days subject to change with appropriate notice per collective bargaining agreement. Limited overtime. EXAMINATION INFORMATION All qualified candidates who apply by the deadline date will be required to appear before an interview 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 interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. COMBINATION INSPECTOR 1! 2023 Page 257 of 630 A.AA.E.o. Minority, female & disabled individuals are encouraged to apply. Page 258 of 630 PERSONNEL REQUISITION Coriibinalon hrspsctor The following questions arc provided as guidelines to assist you in developing your rational for the position of (Combination Inspector) in the [Building) 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 am the key Job responsibilities of this position? Perform combination inspections for building permits, as well as the Fog Program in the City of Waterloo. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? - No. Bach inspection position Is subject to sptcifio training. (3) How is the work of thin position being accomplished now? Combination inspections are being provided by (2) Chief City Inspectors - Building and Electrical end Fog Inspections are being performed by our Commercial Fire Inspector. (4) Are the filled positions in your department currently being utilized to their maximum potential? - Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? It is crucial to insure timely and efficient inspections are being performed for the City of Waterloo. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Filling thle position allows the remaining inspectors to perform assigned duties and not be subject to working extra howns. (7) It you are paying overtime or comp time within your department to accomplish oils work now, how much overtime or comp time has been paid nut or earned that is diteotly attributable to this position end over what period of time? No. This has been accomplished by having the City of Waterloo's Chief Building and Chief Electrical inspectors provide their services for combination inspections. Page 259 of 630 (8) How has the workload or demands of your department changed In comparison to your staffing levels over tho past three fiscal years? Provide statistics if' possibl0. The city strives to further economic development growth yearly. We have increased out permit valuations nom 91.2 million in 2013 to 140 million in 2021. This growth directly results in more permits followed by Increased inspections. (9) If this position is not filled, what affect will it have on your department? What work will not he done? What costs will you inoui? Please be as specific as possible, The city inspection process will suffer delays as our chief inspectors pre helping to alleviate Inc additional burden. (10) How do you cover the responsibilities for this position whenever this incumbent is out on vacation? The inspectors plan their schedules accordingly. (11) is it possible that the City could outsource thts position to an outside agency? If so, what aavings, it any, would the City realize as a result of this change? No (12) How would you tank this position in terms of its contribution to City business in comparison with other positions reporting to you? It Is an itnportant position as one inspector is on site to handle building, hvac, plumbing, and electrical Inspections. (13) How does this position imprint the Goals fled Objectives for the City adopted by the City Council? It provides a service to the residents and contractors in a timely and professional manor. gtti � .g ii •`A kl (tyrll "k . ,osiU ' \1-1.» .. Page 260 of 630 CITY OF ��J J�TERLOO Community of Opportunity March 22, 2024 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 Q Phone: (319) 291-4303 C Fax: (319) 291-4569 • CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Combination Inspector II for the City of Waterloo, Building Inspections. This list shall be used to fill any vacancy in the Combination Inspector II classification from March 22, 2024 — March 22, 2025. Respectfully submitted, 03/22/2024 CERTIFIED LIST Steven Broell Jeffrey Wolfe Kelby Haynes Tim Troyer Jon Martin Ryan Folkerts Nick Stratton Derek White Dr. Bev Smith Date Dr. Robert Welch Date 03/22/2024 Marianne Kurtenbach Date Page 261 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Paul Huting, Leisure Services Director Leisure Services Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Morganne Kayser to the position of Office Coordinator/Bookkeeper, for the Leisure Services Department, effective April 16, 2024. RECOMMENDED COUNCIL ACTION Recommend Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This position will be vacant due to an upcoming retirement. The Personnel Requisition Committee approved filling this position. The Personnel Requisition Form and certified Civil Service list are attached. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Annual salary of $62,691 plus benefits is accounted for in the 4100 Park operating budget. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 262 of 630 1. PROfficeCoordinator 2. CivilService List Office Coordinator Page 263 of 630 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Office Coorditiat it/i tool,kccp i Department: Leisure Services Reports To: Director of Leisure Services Work Location: Leisure_ Set Viek- oil ict.! (I P 13ynivs Part, Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to _. El Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® Yes ❑ No ❑ Internal Posting Only Bargaining Position: ❑ Yes ® No ® Internal Posting and External Advertising Bargaining Group: Non -bargaining Position: ® Yes ❑ No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: rvlaclonrta Welsh., Office Coordinator/Bookkeeper (Specify name and title of former incumbent) If replacement, fortner incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 5/24/24 Date of final payout: 6/14/24 Anticipated start date: 3/I8/24 No. of hours/week: 40 Work schedule; 7aln — 4pm: Monday - Friday Justification of need for position: This position is crucial for all Leisure Service office activities including preparing department related deposits, processing invoices, managing payroll, etc... The success of the department depends heavily on this position's essential functions continuously being completed accurately and successfully. What are the likely consequences if the position is not filled? Submittals of payroll, deposits, and invoices as well as other key office functions would not be completed resulting in a chaotic working environment with probable lawsuits from vendors not being paid timely. APPROVALS Annual salary requirements: $62.691 Hourly Rate: $30.14 Benefits: $40,890 (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: /-Y-ate 7uetz- iiz 9- 'G P 01/1120240410O PM EST Subntining Department 1 ki` Date Mayor Date (824-ett [3R04 2 01)14202495.04Phi EST I>L _VW, 2N. 01/1120240426 PM EST Chief Financial Officer Date Human Resources Director Date RG j el 55 5 _ 01/17120241124 AA1 EST Human Resources Committee Chairperson Date Created 6/30/2017 Page 264 of 630 CITY OF ✓kylqTERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CI Ty OF WATERLOO, IOWA OFFICE COORDINATOOOKKEEPER DEPARTMENT SALARY LEISURE SERVICES $30.14/HR ($62,691/YR) FLSA NON-EXMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON-BARGANING GENERAL STATEMENT OF DUTIES Administrative and supervisory position responsible for performing complex bookkeeping and secretarial tasks and for supervising other Leisure Services office staff. The work is performed under the general direction of the Leisure Services Director or designee, but considerable leeway is granted for the exercise of independent judgment and initiative. Supervises other regular and temporary office staff. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Prepares and types department requisitions, purchase orders, payment vouchers, and statistical and accounting reports. 2. Prepares deposits and reports for fees collected from golf, sports activities, shelter rentals, dog park fees, and other activities. 3. Manages payroll preparations for Parks, Forestry, Downtown, and Golf employees. 4. Develops spreadsheets and other forms related to accounts payable and receivable functions. 5. Develops and implements office procedures for the efficient operation of the Leisure Services offices. 6. Coordinates work assignments, supervises and schedules regular and temporary office staff. 7. Greets the public and answers incoming department phone calls as needed and provides information based on knowledge of department policies, procedures and regulations or directs questions to proper staff person. 8. Operates personal computer, calculator, fax machine, scanner/copier, and other office equipment. 9. Performs all work duties and activities in accordance with City and Leisure Services policies, procedures, and safety practices. 10. Attends work regularly at the designated place and time. 11. Prepares and distributes meeting agendas and information packets for regular Leisure Services Commission and subcommittee meetings. Attends meetings to prepare meeting minutes for Page 265 of 630 Commission approval. 12. Other duties as assigned by supervisor or designee. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1, Knowledge of principles and practices of accounting, budgeting, financial record keeping and general office procedures. 2. Ability to prepare, analyze, and interpret complex accounting records and financial statements. 3. Ability to establish reporting to procedures to collect data from financial and fiscal reports. 4. Ability to type forty (40) words per minute with no errors. 5. Ability to perform general office services including using word and excel for assigned duties and responsibilities, enter and retrieve information in the computer systems and update records as needed. 6. Ability to collect, analyze, and present data from reports in an organized and comprehensive format. 7. Ability to answer questions and provide information to the public and other employees in person and over the phone in a dear, concise manner. S. Ability to write legibly, prioritize work, produce a quality work product within strict timelines and handle multiple projects. 9. Ability to exercise independent judgement and to make decisions based on department and City policies and applicable Federal and State rules and regulations. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic, and educational backgrounds. 11. Ability to communicate effectively and maintain working relationships with other City employees, supervisors, and members of the public. MISCELLANEOUS 1. Required to submit to Civil Service examination procedures including an oral interview. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/equivalent with a minimum of five years' experience as an accounting clerk of bookkeeper OR Any equivalent combination of experience of training which provides the knowledge, skills and abilities necessary to perform the work. 2. Prefer supervisory experience and post -high school training in accounting and business related field. 3. Skilled in use of a computer and Microsoft products, particular Word and Excel. ESSENTIAL PFIYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to respond to questions and communicate with coworkers, supervisors, and members of the public in person or on the phone. Page 266 of 630 1. Sufficient speech and hearing that permits the employee to respond to questions and communicate with coworkers, supervisors, and members of the public in person or on the phone. 2. Sufficient personal mobility that permits the employee to move from one department facility to another. 3. Sufficient vision and manual dexterity that permits the employee to operate a computer, handle files, and perform bookkeeping and other secretarial duties. WORK SCHEDULE Generally 7:00-4:00 Monday through Friday, with one hour unpaid lunch. Limited overtime. Must also be available for department or City activities or meetings that require the attendance of the Office Coordinator/Bookkeeper. OFFICE COORDINATOR/BOOKKEEPER 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 267 of 630 CITY OF %V(4TERLO 0 March 22, 2024 IOWA Community of Opportunity TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 V Phone: (319) 291-4303 L Fax: (319) 291-4569 Jill CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Office Coordinator/Bookkeeper for the City of Waterloo, Iowa Leisure Services. This list shall be used to fill any vacancy in the Office Coordinator/Bookkeeper classification from March 22, 2024 — March 22, 2025. Respectfully submitted, J,, 03122/262404-43 PM EDT CERTIFIED LIST Emily Seliga Morganne Kayser Jililan Rutledge Doug Anderson Shellie Crisman Laura Stensberg Amber Chase Dr. Bev Smith Date Dr. Robert Welch Date Tilatiome, KwszfE 012212024 61,45 PM EDT Marianne Kurtenbach Date //A CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion to approve appointment of Olivia Henke from the current Civil Service List to the position of Engineering Technician in the Engineering Department, effective May 13, 2024, pending pre- employment physical and drug testing. 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. ENGINEERING_TECHNICIAN_1.2024 Page 269 of 630 Page 270 of 630 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Engineering Technician (1- ) Department: Engineering Reports To: City Engineer Work Location: City Hall Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: ® Yes Bargaining Position: ® Yes Bargaining Group: LiUNA #177 Non -bargaining Position: ❑ Yes ❑ No ❑ No ® No Recommended Recruitment Sources: ❑ Internal Posting Only Z Internal Posting and External Advertising Complete the following if the requisition is to fill a vacancy:: ❑ New Position or ® Replacement Position for: Ryan Shatek, Eng. Tech. and Dan Baker, Eng. Tech. (Specify name and title of former incumbent) If replacement, former incumbent: ❑ Retired/Resigned/Terminated n Transferred ® Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date: May 15, 2024 No. of hours/week: 40 Work schedule: 7:30-4:30 M-F Justification of need for position: Ryan switched to the Stormwater Specialist position and Dan was promoted to the position of Engineer Assistant. What are the likely consequences if the position is not filled? These two (2) positions inspect construction projects such as the street reconstruction, asphalt overlay and sidewalk programs. If these positions a not filled, the City will have to hire outside consultants to do inspections. APPROVALS Annual salary requirements: $67,057.12 Hourly Rate: $32.24 Benefits: (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: 01 /03/2023 01/11/2024 Sub Department Head Date Mayor Date 01/14/2024 01/11/2024 Chief Financial Officer 01/17/2024 Date Human Resources Committee Chairperson Date Created 6/30/2017 Human Resources Director Date Page 271 of 630 PERSONNEL REQUISITION Engineering Technician The following questions are provided as guidelines to assist you in developing your rational for the position of Engineering Technician in the Engineering 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? Conduct inspections of construction projects such as the reconstruction program, overlay program, sidewalk program, construction projects for other departments, sidewalk and driveway inspections, writing excavation permits and performing inspections on excavations, CAD design, GPS locating of storm and sanitary sewer assets, GIS updates, conventional surveying, inspections of the levee system, investigate drainage issues, completion of pay estimates, taking cores and soil borings needed for project design. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. Currently all other employees are needed for other jobs in the department. (3) How is the work of this position being accomplished now? Currently there are eight (8) Engineering Technicians to spread the work around to. Replacing these two (2) positions helps to cover all of the work and keep overtime to a minimum. (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 (iftemporaryposition) or a long-term basis (if a regular position)? These two (2) positions inspect construction projects to ensure the contractor is completing the work per the specifications. There will always be construction projects in engineering and other departments and having staff to inspect the work is in the best interest of the City. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? There would be no cost savings as the City would be required to hire an outside consultant to do the inspections at a higher cost than hiring staff replacements. The costs for hiring a consultant would be passed on to general Page 272 of 630 fund departments for their projects rather than having the projects inspected by these two (2) positions. (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? Depending on the project, there is some comp time that is accrued during the construction season. (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 federal government is adding more regulations (storm water permit, consent decree requirements, increased maintenance requirements for City's flood control system, ADA ramp program, wetland restorations, complete streets) and this increases the need for qualified, staff. The Engineering Department is designing and will inspect another RISE project along with sanitary sewer construction to Paradise Estates, water works projects, street reconstruction and overlay projects, sidewalk projects, shelter projects (Leisure Services) and round -about projects (Public Works). (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. If these positions are not filled, the Engineering Department will be required to hire a consultant to do the construction inspections at a greater cost than hiring staff. Design and inspection of projects for general fund departments would require hiring a consultant, increasing costs to those general fund departments. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Vacations are for only a week or so at a time and other staff can cover. (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 could, but the cost to hire outside consultants will cost more than doing the work in house. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position would rank #3 as this is a technical position and is required to meet the requirements of City Ordinances and project specifications. Page 273 of 630 (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position will be paid for out of Road Use and LOST funds so it is helping to minimize the impact to property taxes Note: Forward completed questionnaire to Human Resources Department with. original copy of Personnel Requisition form. Page 274 of 630 Page 275 of 630 CITY OF JJATERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION ENGINEERING TECHNICIAN DEPARTMENT ENGINEERING SALARY $31.24, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES This position is responsible for performing inspection related work in the field and office on a variety of public works projects including but not limited to storm sewer, sanitary sewer, bridges, sidewalk, streets and water projects. The work is performed under the general direction of an engineer but considerable leeway is granted for the exercise of independent judgment and initiative. This position may supervise or direct part time or seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Conducts inspections on a variety of public works projects. 2. Reviews plans, permits, calculations, and related development and project submittals from engineering consultants for compliance with City design standards, ordinances, and applicable regulatory requirements. 3. Reviews permit requests, issues permits and inspects work in conformance to City standards. 4. Analyzes civil engineering problems, develops proposed solutions, and makes recommendations to the engineer. 5. Performs computer -aided design (CAD) using Autodesk Civil 3D. 6. Uses GPS total station, conventional total station, transit, level and other survey tools. 7. Keeps thorough and accurate field notes of each assigned project including but not limited to records of construction quantities installed by contractors, compliance of construction materials, working day reports. 8. Reads, analyzes and records complex technical data and computations. 9. Prepares written reports, completes forms and performs required record keeping. 10. Responds to complaints and answers requests from the public regarding project information and schedules. 11. Makes note of "as -built" conditions for archiving of project records at the end of construction. Page 276 of 630 12. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Engineering Department safety rules and regulations. 13. Other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of modern civil engineering principles and practices related to public works and municipal engineering. 2. Knowledge of public works project design, construction administration, and inspection. 3. Knowledge of land and engineering survey systems, methods, and techniques. 4. Skills in observation, problem solving, communications (oral and written), topic resolution, negotiations, technical writing, and project management. 5. Ability to review plans and related submittals, including calculations related to sanitary sewers, storm sewers, sidewalks and stormwater management practices. 6. Ability to utilize and become proficient with computer software applications for project design, mapping, and GIS management (Autodesk CiviI3D and ESRI ArcGIS), and creation and editing of typical office documents (Microsoft Office, PDF applications). 7. Thorough knowledge of the standard practices, tools and terminology of the engineering and public works inspection trade including Iowa Statewide Urban and Design Specifications (SUDAS) and Iowa Department of Transportation (IDOT) standards. 8. Ability to read and interpret plans, specifications, easements, agreements, engineering reports, design manuals, and contract documents. 9. Ability to perform short-term and long-term planning and administering of projects within established deadlines. 10. Ability to perform mathematical functions in order to perform and review civil engineering calculations. 11. Ability to communicate technical issues to non -technical people. ACCEPTABLE EXPERIENCE & TRAINING 1. Graduate of an accredited college or university with a Bachelor's Degree in Civil or Construction Engineering OR Graduate of a technical school or community college with an Associate of Applied Science Degree in Civil Engineering Technology or a directly equivalent degree OR High school graduate/GED with minimum five (5) years of experience in public works design, engineering and public works inspection OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position LICENSES AND/OR STATUS REQUIRED 1. IDOT Plant and Materials certification desirable. 2. Possession of a valid State of Iowa driver's license and a satisfactory driving record are required. Page 277 of 630 ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Read, speak, write, hear, and understand English to communicate effectively with fellow employees, consultants, contractors, and public via computer, telephone, written format, and in person. 2. Establish and maintain effective working relationships with other employees, officials, and the public. 3. Perform mathematics necessary for civil engineering calculations. 4. Use computers, calculators, and typical office equipment. 5. Works in a variety of weather extremes, excessive noise, electrical and mechanical hazards; work environment may be dusty and dirty; terrain may be wet, slippery or uneven. 6. Lifts, carries, pushes/pulls surveying and testing equipment weighing up to one hundred (100) pounds (may request assistance as needed). 7. Climbs and works at heights up to fifteen (15) feet. 8. Operates passenger -type vehicle to visit inspection and survey sites. WORK SCHEDULE Generally 7:30-4:30 Monday through Friday with one hour unpaid lunch break. Overtime is possible, especially during construction season, which may include weekend work. EXAMINATION INFORMATION All qualified candidates who apply by the deadline date will be required to appear before an interview 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 interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ENGINEERING TECHNICIAN 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 278 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion to approve appointment of Carson Lee from the current Civil Service List to the position of Engineering Technician in the Engineering Department, effective May 13, 2024, pending pre- employment physical and drug testing. 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. ENGINEERING_TECHNICIAN_1.2024 Page 279 of 630 Page 280 of 630 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Engineering Technician (1- ) Department: Engineering Reports To: City Engineer Work Location: City Hall Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: ® Yes Bargaining Position: ® Yes Bargaining Group: LiUNA #177 Non -bargaining Position: ❑ Yes ❑ No ❑ No ® No Recommended Recruitment Sources: ❑ Internal Posting Only Z Internal Posting and External Advertising Complete the following if the requisition is to fill a vacancy:: ❑ New Position or ® Replacement Position for: Ryan Shatek, Eng. Tech. and Dan Baker, Eng. Tech. (Specify name and title of former incumbent) If replacement, former incumbent: ❑ Retired/Resigned/Terminated n Transferred ® Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date: May 15, 2024 No. of hours/week: 40 Work schedule: 7:30-4:30 M-F Justification of need for position: Ryan switched to the Stormwater Specialist position and Dan was promoted to the position of Engineer Assistant. What are the likely consequences if the position is not filled? These two (2) positions inspect construction projects such as the street reconstruction, asphalt overlay and sidewalk programs. If these positions a not filled, the City will have to hire outside consultants to do inspections. APPROVALS Annual salary requirements: $67,057.12 Hourly Rate: $32.24 Benefits: (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: 01 /03/2023 01/11/2024 Sub Department Head Date Mayor Date 01/14/2024 01/11/2024 Chief Financial Officer 01/17/2024 Date Human Resources Committee Chairperson Date Created 6/30/2017 Human Resources Director Date Page 281 of 630 PERSONNEL REQUISITION Engineering Technician The following questions are provided as guidelines to assist you in developing your rational for the position of Engineering Technician in the Engineering 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? Conduct inspections of construction projects such as the reconstruction program, overlay program, sidewalk program, construction projects for other departments, sidewalk and driveway inspections, writing excavation permits and performing inspections on excavations, CAD design, GPS locating of storm and sanitary sewer assets, GIS updates, conventional surveying, inspections of the levee system, investigate drainage issues, completion of pay estimates, taking cores and soil borings needed for project design. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. Currently all other employees are needed for other jobs in the department. (3) How is the work of this position being accomplished now? Currently there are eight (8) Engineering Technicians to spread the work around to. Replacing these two (2) positions helps to cover all of the work and keep overtime to a minimum. (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 (iftemporaryposition) or a long-term basis (if a regular position)? These two (2) positions inspect construction projects to ensure the contractor is completing the work per the specifications. There will always be construction projects in engineering and other departments and having staff to inspect the work is in the best interest of the City. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? There would be no cost savings as the City would be required to hire an outside consultant to do the inspections at a higher cost than hiring staff replacements. The costs for hiring a consultant would be passed on to general Page 282 of 630 fund departments for their projects rather than having the projects inspected by these two (2) positions. (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? Depending on the project, there is some comp time that is accrued during the construction season. (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 federal government is adding more regulations (storm water permit, consent decree requirements, increased maintenance requirements for City's flood control system, ADA ramp program, wetland restorations, complete streets) and this increases the need for qualified, staff. The Engineering Department is designing and will inspect another RISE project along with sanitary sewer construction to Paradise Estates, water works projects, street reconstruction and overlay projects, sidewalk projects, shelter projects (Leisure Services) and round -about projects (Public Works). (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. If these positions are not filled, the Engineering Department will be required to hire a consultant to do the construction inspections at a greater cost than hiring staff. Design and inspection of projects for general fund departments would require hiring a consultant, increasing costs to those general fund departments. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Vacations are for only a week or so at a time and other staff can cover. (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 could, but the cost to hire outside consultants will cost more than doing the work in house. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position would rank #3 as this is a technical position and is required to meet the requirements of City Ordinances and project specifications. Page 283 of 630 (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position will be paid for out of Road Use and LOST funds so it is helping to minimize the impact to property taxes Note: Forward completed questionnaire to Human Resources Department with. original copy of Personnel Requisition form. Page 284 of 630 Page 285 of 630 CITY OF JJATERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION ENGINEERING TECHNICIAN DEPARTMENT ENGINEERING SALARY $31.24, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES This position is responsible for performing inspection related work in the field and office on a variety of public works projects including but not limited to storm sewer, sanitary sewer, bridges, sidewalk, streets and water projects. The work is performed under the general direction of an engineer but considerable leeway is granted for the exercise of independent judgment and initiative. This position may supervise or direct part time or seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Conducts inspections on a variety of public works projects. 2. Reviews plans, permits, calculations, and related development and project submittals from engineering consultants for compliance with City design standards, ordinances, and applicable regulatory requirements. 3. Reviews permit requests, issues permits and inspects work in conformance to City standards. 4. Analyzes civil engineering problems, develops proposed solutions, and makes recommendations to the engineer. 5. Performs computer -aided design (CAD) using Autodesk Civil 3D. 6. Uses GPS total station, conventional total station, transit, level and other survey tools. 7. Keeps thorough and accurate field notes of each assigned project including but not limited to records of construction quantities installed by contractors, compliance of construction materials, working day reports. 8. Reads, analyzes and records complex technical data and computations. 9. Prepares written reports, completes forms and performs required record keeping. 10. Responds to complaints and answers requests from the public regarding project information and schedules. 11. Makes note of "as -built" conditions for archiving of project records at the end of construction. Page 286 of 630 12. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Engineering Department safety rules and regulations. 13. Other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of modern civil engineering principles and practices related to public works and municipal engineering. 2. Knowledge of public works project design, construction administration, and inspection. 3. Knowledge of land and engineering survey systems, methods, and techniques. 4. Skills in observation, problem solving, communications (oral and written), topic resolution, negotiations, technical writing, and project management. 5. Ability to review plans and related submittals, including calculations related to sanitary sewers, storm sewers, sidewalks and stormwater management practices. 6. Ability to utilize and become proficient with computer software applications for project design, mapping, and GIS management (Autodesk CiviI3D and ESRI ArcGIS), and creation and editing of typical office documents (Microsoft Office, PDF applications). 7. Thorough knowledge of the standard practices, tools and terminology of the engineering and public works inspection trade including Iowa Statewide Urban and Design Specifications (SUDAS) and Iowa Department of Transportation (IDOT) standards. 8. Ability to read and interpret plans, specifications, easements, agreements, engineering reports, design manuals, and contract documents. 9. Ability to perform short-term and long-term planning and administering of projects within established deadlines. 10. Ability to perform mathematical functions in order to perform and review civil engineering calculations. 11. Ability to communicate technical issues to non -technical people. ACCEPTABLE EXPERIENCE & TRAINING 1. Graduate of an accredited college or university with a Bachelor's Degree in Civil or Construction Engineering OR Graduate of a technical school or community college with an Associate of Applied Science Degree in Civil Engineering Technology or a directly equivalent degree OR High school graduate/GED with minimum five (5) years of experience in public works design, engineering and public works inspection OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position LICENSES AND/OR STATUS REQUIRED 1. IDOT Plant and Materials certification desirable. 2. Possession of a valid State of Iowa driver's license and a satisfactory driving record are required. Page 287 of 630 ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Read, speak, write, hear, and understand English to communicate effectively with fellow employees, consultants, contractors, and public via computer, telephone, written format, and in person. 2. Establish and maintain effective working relationships with other employees, officials, and the public. 3. Perform mathematics necessary for civil engineering calculations. 4. Use computers, calculators, and typical office equipment. 5. Works in a variety of weather extremes, excessive noise, electrical and mechanical hazards; work environment may be dusty and dirty; terrain may be wet, slippery or uneven. 6. Lifts, carries, pushes/pulls surveying and testing equipment weighing up to one hundred (100) pounds (may request assistance as needed). 7. Climbs and works at heights up to fifteen (15) feet. 8. Operates passenger -type vehicle to visit inspection and survey sites. WORK SCHEDULE Generally 7:30-4:30 Monday through Friday with one hour unpaid lunch break. Overtime is possible, especially during construction season, which may include weekend work. EXAMINATION INFORMATION All qualified candidates who apply by the deadline date will be required to appear before an interview 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 interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ENGINEERING TECHNICIAN 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 288 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department April 15, 2024 AGENDA ITEM TITLE Motion approving appointment of Nancy Higby to the position of Deputy City Clerk in the City Clerk's Office, effective April 16, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. DEPUTY CITY CLERK- 3.2024 Page 289 of 630 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ❑ To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Deputy City Clerk Department: City Clerk's Office Reports To: City Clerk Work Location: City Hall Employment Status: ® Regular Full Time n Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ❑ Yes ® No ® Internal Posting Only Bargaining Position: ❑ Yes ® No n Internal Posting and External Advertising Bargaining Group: Non -bargaining Position: ® Yes ❑ No ************************************************************************************************* Complete the following if the requisition is to fill a vacancy: ® New Position or ❑ Replacement Position for: (Specify ».and f' of former incumbent) If replacement, former incumbent: ❑ Retired/Resigned/Terminated n Transferred ❑ Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date: 4/1/2024 No. of hours/week: 40 Work schedule: Justification of need for position: Seeking to convert the Administrative Secretary position in the City Clerk's Office to a Deputy City Clerk. What are the likely consequences if the position is not filled? The Administrative Secretary position would remain in place. APPROVALS Annual salary requirements: $64,642 Hou; ly Rate: N 0'7 Benefits: s47' e7 gq9, S71v (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: Submitting Departm Head 03/14/2024 03/14/2024 Date Mayor Date Chief Financial Officer 03/15/2024 Date Human Resources Committee Chairperson Date 03/14/2024 Human Resources Director Date Created 6/30/2017 Page 290 of 630 PERSONNEL REQUISITION QUESTIONS The following questions are provided as guidelines to assist you in developing your rational for the position of Deputy City Clerk in the City Clerk's Office. 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? See the job description. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. (3) How is the work of this position being accomplished now? The work is currently being accomplished by the Administrative Secretary position. This requisition seeks to convert the position to a Deputy City Clerk. (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)? It would provide an accurate title for the current responsibilities of the Administrative Secretary position in the City Clerk's Office. It adds flexibility for council meeting coverage and future department planning. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? None. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Not applicable. Page 291 of 630 (8) How has the workload or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. (9) Both have remained consistent over the last three fiscal years. If this position is not filled, what effect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. If the position is not converted it will continue to be handled by the Administrative Secretary. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Responsibilities are covered by the Deputy Clerk and City Clerk. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? All the positions in the department are important. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? The position supports the goals and objectives of the city by assisting all departments with navigating the council approval process. Note: Forward completed question r Human Department with original copy of Pel Requis updated job description. Page 292 of 630 CITY OF ax 3 ATERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA PROMOTIONAL EXAMINATION DEPUTY CITY CLERK DEPARTMENT CITY CLERK'S OFFICE SALARY Up to $31.57 FLSA EXEMPT CIVIL SERVICE NOT INCLUDED BARGAINING UNIT NON -BARGAINING GENERAL STATEMENT OF DUTIES Professional, administrative position responsible for assisting the City Clerk in planning, organizing, and supervising the daily activities of the City Clerk's Office, including but not limited to the preparation of agendas and minutes for City Council and committee meetings and other permanent records and documents. The work is performed under the general direction of the City Clerk, but considerable leeway is granted for the exercise of independent judgement and initiative. Supervises up to three clerical employees and is responsible for day-to-day operations of department in absence of City Clerk. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Plans, organizes, directs and reviews work of City Clerk's Office staff. 2. Administers preparation of agenda for all Council and committee meetings. 3. Coordinates preparation of established ordinances, resolutions, minutes, permanent records, and documents. 4. Assists with the rental unit registration program. 5. Coordinates all legal notices for newspaper publication. 6. Assists in preparation of special assessment materials. 7. Prepares city letters and special documents as directed. 8. Compiles reports, performs data entry, and completes forms on personal computer using the applicable software. 9. Answers questions orally and in writing from City staff, the media, elected officials and the public pertaining to City Clerk's Office information. 10. Utilize optical imaging, electronic document management software, and other computer applications and/or software. 11. Read, interpret, and apply relevant laws, policies, and regulations with accuracy. 12. Attends City Council meetings as directed. Page 293 of 630 13. Administer the Iowa Income Offset program. 14. Serves on various boards, as the City representative, as directed. 15. Monitors legislative issues related to City government. 16. Assists in preparing ordinances, resolutions, minutes, and policy changes. 17. Maintains effective communications with supervisor, coworkers, other department employees, elected officials, the media, and the public. 18. Works independently and with others with limited supervision. 19. Performs all work duties and activities in accordance with OSHA, City and City Clerk's Office policies, procedures, and safety rules. 20. Assists with liability insurance renewal, processes insurance claims, and works with the insurance company and City Clerk to resolve claims. 21. Oversees assessment collection process. 22. Performs all other related work as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Thorough knowledge of administrative practices, including team building, goal setting and the development of modern office management systems. 2. Thorough knowledge and experience in use of Microsoft Office products, in particular Word, Excel, and Publisher. 3. Ability to learn related software applications, enter and retrieve information on a computer, develop computer -generated reports and update records. 4. Ability to supervise, direct, monitor and review clerical staff. 5. Ability to read, understand and follow government regulations and parliamentary procedure. 6. Ability to respond to questions from elected officials, the media, coworkers, other department employees and the public tactfully, professionally, and in a clear, concise, and easily understandable manner. 7. Ability to communicate effectively and maintain working relationships with other City employees, supervisors, the City Clerk, and elected officials. 8. Ability to keep accurate and thorough records. 9. Ability to work with people from a broad variety of social, economic, racial, ethnic, and educational backgrounds. 10. Ability to serve as the City Clerk during Council meetings when the City Clerk is absent. 11. Attends work regularly at the designated place and time. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree in business management, public administration, accounting, or other field with minimum three years progressively more responsible experience in office management or business OR Associates' Degree in office management, accounting or related field with a minimum of five year's progressively more responsible related experience OR Any equivalent combination of education and experience that provides the knowledge, skills, and abilities necessary to perform the work. 2. Supervisory experience preferred. 3. Experience with Microsoft Word, Excel, and Publisher required. Page 294 of 630 4. Prefer municipal or county government experience. 5. Willing to attend Municipal Clerk's Certification program, as directed. 6. If operating a City vehicle, must have Iowa Driver's License and good driving record based on the City of Waterloo driver performance criteria. ESSENTIAL PHYSICAL ABILITIES 1. Sufficient speech and hearing that permits the employee to communicate effectively with other employees, the media, elected officials, the public and other government subdivisions in person or by telephone. 2. Sufficient personal mobility that permits the employee to move from one office location to another and attend meetings in or outside of City Hall. 3. Sufficient vision and manual dexterity that permits the employee to operate a personal computer, handle files and perform other administrative responsibilities. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. WORK SCHEDULE Generally, 8:00 a.m. to 5:00 p.m. Monday through Friday with one -hour unpaid lunch. Must also be available outside these hours for department or City activities or meetings that require the attendance of the Deputy City Clerk. DEPUTY CITY CLERK 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 295 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Communication from the Police Department on the notice of the conclusion of employment of Albert Bovy, Police Officer, effective April 1, 2024, with recommendation of approval of payout of $17,833.44 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. A. BOVY PAYOUT 4-15-2024 Page 296 of 630 Page 297 of 630 CITY OF ��J �,./ATERLOO IOWA Community of Opportunity City Council Notice of Employment Severance Today's Date: 3/26/2024 Department: Police Department Effective Date: 4/1/2024 Job Classification: Police Officer Employment Date: 4/1/2002 Employee Name: Albert Bovy The employment with the named City of Waterloo employee has been severed by reason of: O Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Vacation -Accrued Vacation -Current Usable Sick Leave Casual Hours Comp Time Pay Unscheduled Leave Other Pay Total Hours 76.62 0 0 0 406 -70 (x) Hourly Rate 43.22 43.22 43.22 43.22 43.22 43.22 Payout $ 3,311.52 25% $ 17, 547.32 (3,025.40) Total Payment $ 17,833.44 Comments There was an overage of Unscheduled used by 70 hours. The total earned before leave was 30 hours. This correction has been made in the total payout. 7 Approved by Human Resources ocfro. �tsek Council Agenda Date: 4/15/2024 KMW Date Date 3/ -7 a`� Page 298 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Motion to receive and file Airport Board minutes of February 28, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Airport Board Meeting Minutes of February 28, 2024 Page 299 of 630 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, February 28, 2024 I. ROLL CALL Chair, Scott Voigt, called the meeting to order at 12:02 p.m. Board Members Present: Scott Voigt, Gwenne Berry, Arlene Humble, Cary Darrah, David Deeds, Todd Holcomb. Board Members Absent: Chris Bering. City Officials Present: Ray Feuss, Council Liaison; Adrienne Miller, Planning. Airport Staff Present: Sheila Combs. Additional Attendees: Doug Schindel, AECOM; Bob Petersen, Livingston Aviation; Steven Kjergaard. II. AGENDA AS RECEIVED OR AMENDED III. PUBLIC COMMENTS Mr. Voigt introduced Steven Kjergaard to the Board members and everyone else introduced themselves to him. IV. REPORTS A. Airport Director Mrs. Combs asked if there were any questions about her written report. Discussion followed. B. Legislative Information C. Misc. Monthly Airport Reports Discussed fares and AA performance for January, neither of which were good. V. BOARD APPROVAL A. Approval of Minutes of the January 24, 2024 Meeting Mrs. Darrah moved approval of the minutes of the January 24, 2024 meeting, seconded by Mrs. Berry. Ayes: 5. Motion carried. I Page 300 of 630 B. Motion to Receive and File January 2024 Expenses Mrs. Humble moved that the January 2024 expenses be received and filed, seconded by Mrs. Berry. Ayes: 5. Motion carried. VI. OLD BUSINESS A. Board Update: New ALO Airport Security Program Update included in Director's Report. B. Board Update: Status of CARES -Funded Projects Update included in Director's Report. C. Board Update: Status of EAS Order by the USDOT Update included in Director's Report. VII. NEW BUSINESS A. Board Discussion: Update and Discussion of FY-2025 Budget Mrs. Combs referred to the FY-25 budget listing handout in the packet and asked for questions. There were none. B. Board Discussion: Kingfisher Aviation, L.C. — Update of Hangar Fire Protection Sprinkler System Mr. Petersen stated that the bids they received were much higher than expected. They are looking at other options and would like to put this on hold for the time being. VIII. STAFF AND BOARD MEMBER COMMENT IX. ADJOURNMENT Moved by Dr. Holcomb, seconded by Mrs. Bevy, that the meeting be adjourned at 12:45 p.m. Ayes: 5. Motion carried. Page 301 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Paul Huting, Leisure Services Director Leisure Services Department AGENDA ITEM TITLE MEETING DATE April 15, 2024 Motion to receive and file Leisure Services Commission Board minutes of February 13, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board Minutes 2-13-2024 Page 302 of 630 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, February 13, 2024 300 Jefferson Street The meeting was held at the Cedar Valley SportsPlex Multipurpose Room. The meeting was called to order at 7:30am. Present: Council Liaison Dave Boesen, Jessica Rucker, Tom Powers, Tom Christensen, Allison Richter Staff: Paul Huting, Chris Dolan, Travis Nichols, JB Bolger, Todd Derifield, Bob Etringer Absent: Nia Wilder, Bob Bamsey, Ellen Vanderloo, Tim Moses Tom Christensen called for approval of the agenda. Tom Powers motioned to approve the agenda, second by Allison Richter. Ayes: All Nays: None Tom Christensen called for a motion for the approval of the January 9, 2024 meeting minutes. Due to weather, a meeting was not held in December 2023. Motion by Tom Powers to approve meeting minutes, second by Jessica Rucker. Ayes: All Nays: None Torn Christensen called for approval of the January bills. Questions were answered. Motion by Allison Richter, second by Jessica Rucker to approve January bills. Ayes: All Nays: None EXTENSION OF HIGHLAND PARK COMMUNITY GARDEN AREA Discussed the updated Community Garden Agreement for the community vegetable garden located at Highland Park. Update to be approved is an increase in the area allotted to the garden from 0.75 acres to 1.8 acres. A motion was made by Tom Powers to pass a resolution recommending City Council approval of Agreement with UNI, second by Jessica Rucker Ayes: All Nays: None UPDATE ON FYE 2025 BUDGET PROCESS This is informational for the board. Personal Services budget information for Leisure Services has been submitted. Further updates will be provided at the March meeting. FYE 2025-2029 CAPITAL IMPROVEMENT PROGRAM Paul provided information on requests submitted for Capital Improvement Program funding totaling $3.8 million. A summary of the scaled back funding as approved by the Planning department, to be forwarded to City Council for approval, was also reviewed. If approved by Council, Leisure Services total funding will be $690,000. RIVERFRONT STADIUM LEASE AND IMPROVEMENTS PLAN The owners of the Waterloo Bucks Baseball Team have exercised their option to renew the Riverfront Stadium Lease for another 5 years. The stadium improvements plan prepared by AECOM was also reviewed. Page 303 of 630 TRANSFORMING GATES AND BYRNES PARKS PROJECT UPDATE Current budget estimate was presented. Disbursements from the one million CAT grant from the State of Iowa have been requested. Council will act on a resolution next week to authorize all needed funding, as required by the State. Woodruff Construction is continuing work at Gates Park with footings in and walls going up for the Spray Park building. Work has started on the Amphitheater and associated restroom building. Peters Construction has the contract for the Byrnes Park Aquatic Center. Bath house renovation work is well underway and is to be completed by May 15, 2024. The entire project is to be completed by May 15, 2025. ELECTION OF OFFICERS AT MARCH 12 MEETING Jessica Rucker was appointed to her first full term at the February 5, 2024 Council meeting. Bob Bamsey's second term ends March 2, 2024. His replacement has not yet been appointed. STAFF UPDATES Sports and SportsPlex — Bob Etringer Registrations for spring and summer programs started on February 12th. Staff has been very busy with the registrations. The infrared sauna has arrived. It will be installed in the next few weeks. Members have been expressing a lot of interest. Young Arena — Chris Dolan The Waterloo Black Hawks are currently in third place in the Western Conference. The top six teams will qualify for the playoffs. Attendance for the Black Hawks games is up 400 fans per game after 19 games. Public skating admissions are up 12% and skate rental is up 13%. The Waverly Wrestling club will be hosting the AAU Peewee State Championships March 2-3 at Young Arena .There will be over 1000 participants K-2nd grade. Young Arena will again participate in the World's Greatest Spring Break March 11-14 sponsored by the McElroy Trust. Construction, Projects — Travis Nichols The construction crew continues to do the season winter garbage route, park inspections and routine maintenance. We relocated the book return slot and filled in some doorways at the library and we did wall and ceiling repairs at the boathouse because of frozen pipes bursting. Park, Golf and Downtown Area — JB Bolger We recently completed the procurement process for two golf course greens mowers and ordered two units last week. They are expected to arrive in about 12 months. We have submitted a request to be on the next City Council meeting on 2/19/24 to preliminarily approve our Contract Mowing bid documents, setting the date of bid opening as 2/29/24, and public hearing and award of bid for 3/4/24. We are asking for a three year term for this mowing contract. The warm weather has allowed us to get an early start on spring maintenance activities such as trimming grasses in the University Ave Corridor. There was damage from an uninsured driver to the University Ave & Fletcher roundabout decorative brick sign. Public Works and Engineering have indicated this is a Leisure Services responsibility to get repaired. The quote to repair was $1,900 and we have an inquiry into our Finance Department as to how to pay for these damages since they are not in our operating budget currently. Page 304 of 630 Forestry — Todd Derifield We will be able to offer the Plant Waterloo! Program once again due to the generous donation from the Young Family Foundation. The program is on the agenda for Council approval at the February 19, 2024 council meeting. Tree order forms will be sent to the board members when they are available. The next regular Leisure Services Commission Meeting will be held Tuesday, March 12, 2024. Motion made by Tom Christensen to adjourn the meeting, second by Allison Richter. Tom Christensen adjourned the meeting at 8:32am. Jessica Rucker, "Secretary 2tyai- Date Date Page 305 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department April 15, 2024 AGENDA ITEM TITLE Katy Susong, Board/Commission: Waterloo Airport Board, Expiration Date: June 30, 2024, [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 - Katy Susong Page 306 of 630 CITY OF rr IJI TERLOO CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: March 26, 2024 Katherine (Katy) Susong (Name) 1. Airport Board Home Phone: 319-830-6385 , request to be appointed to (state preference): 2. Cell Phone: 319-830-6385 Work Phone: 319-888-4903 Email Address katy@growcedarvalley.com Home Address 5714 Arbors Drive, Cedar Falls, IA Zip Code 50613 Employer Grow Cedar Valley Title President and CEO Employer Address 360 Westfield Avenue,Suite300,Waterloo Zip Code 50701 How long have you resided in Waterloo? yrs Email address: List current membership in organizations and offices held: House of Hope Board of Directors (Board Member, Nominating Committee Chair) Junior League of Waterloo -Cedar Falls (Sustaining Member and Representative) I am available for meetings: A.M. 0 P.M. Z Noon ❑ Evenings I am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: I have lived and/or worked in Waterloo for my entire life. In my role as CEO of Grow Cedar Valley it is important to support critical services that directly impact our ability to grow and thrive as a community, like the airport. Additional information and comments that may not be evident from information already on this form: References (include phone numbers): Cary Darrah, Outgoing CEO, Grow Cedar Valley, 319-415-5005 Brandon Schoborg, CEO, Cardinal Construction, 319-232-5400 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature Rev 02/20/2020 or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor@waterloo-ia.org; PHONE 291-4301 Page 307 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department April 15, 2024 AGENDA ITEM TITLE Laura Gleissner, Board/Commission: Cultural and Arts Commission, Expiration Date: April 15, 2027, [New]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Laura Gleissner Page 308 of 630 1 L11TERLOO CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 3.19.2024 I, Laura Gleissner , request to be appointed to (state preference): (Name) 1. Cultural and Arts Commission 2. Home Phone: X Cell Phone: 319-269-8513 Work Phone: 319-273-6134 Email Address Laura.Gleissner@uni.edu Home Address 295 Kenilworth Rd., Waterloo, IA Zip Code 50701 Employer University of Northern Iowa Title Director, UNI Gallery of Art Employer Address_UNI, Kamerick Art Building, Cedar Falls, IA Zip Code_50614-0362 How long have you resided in Waterloo? 11 months Email address: Laura.Gleissner@uni.edu List current membership in organizations and offices held: FATE (Foundations in Art: Theory and Education)(member), The Association of Academic Museums and Galleries (member), Iowa Museum Association (member), Cedar Falls Public Art Committee (member). I have served as a member and chair of numerous University committees and take a great deal of pride in being an active member in the committees I serve. I am available for meetings: • A.M. • P.M. • Noon • Evenings I am available to serve on a Board/Commission the entire year: • Yes • No If no, list months not able to serve: n/a_ Briefly explain your qualifications for appointment to a designated Board/Commission: I received my Bachelor of Arts from UNI and a Master of Fine Arts in Painting from Northern Illinois University (NIU). I am the Director of the UNI Gallery of Art, Overseer of the UNI Permanent Art Collection, and teach in the UNI Studio Art Foundations Program. I am an abstract painter with a concentration in oil and mixed media and was the Gallery Director of the Bing -Davis Memorial Gallery on the Upper Iowa University (UIU) campus and Associate Professor of Art at UIU in Fayette, Iowa from 2015-2023. I have lived and worked in Illinois, Iowa, Minnesota, Japan, and Italy and enjoy leading art -intensive national and international programing for students, faculty, staff, and community members. Additional information and comments that may not be evident from information already on this form: Additional information can be found on my attached CV References (include phone numbers): Elissa Wenthe, Former Dean of the School of Arts and Sciences & Professor of Studio Arts, Phone: (563) 380-4764 (cell), Melinda Heinz, PhD, Assistant Professor - Department of Family, Aging, & Counseling, Phone: (319) 830-0901 (cell) Elizabeth Sutton, Department Head, Professor of Art History UNI Department of Art 319.273.2077 (office) Page 309 of 630 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature Rev 02/20/2020 cy/01011, &;55Wif or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor(awaterloo-ia.orq.; PHONE 291-4301 Page 310 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department April 15, 2024 AGENDA ITEM TITLE Liquor Licenses a. Jim's Food, 437 Sullivan Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 4/14/2025. b. HyVee Food Store #1, 2834 Ansborough Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 3/23/2025. c. HyVee Food Store #2, 2181 Logan Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 3/23/2025. d. Lucky Wife Wine Slushies, 1022 Alabar Ave., Special Class C Alcohol w/Sunday Sales (New *5-day) Exp: 5/13/2024. e. Ray's Supermarket, 1975 Franklin St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 3/2/2025. f. Singlespeed Brewing Co., 325 Commercial St., Class C Alcohol w/Sunday Sales and a 1-day extended Outdoor Service (New) Exp: 8/10/2024. g. Waterloo Bucks, 850 Park Rd., Special Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 1 /1 /2025. h. Elena's Steakhouse, 126 E. Ridgeway, Ste A, Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (New) Exp: 3/31/2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 311 of 630 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 312 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Fire Rescue Department April 15, 2024 AGENDA ITEM TITLE Motion approving Application for Fireworks Display: a. 6th of July Mayor's Show, Park Avenue Bridge (or) 5th Street Bridge on July 6, 2024, beginning at 9:30 p.m. b. VGM Annual Conference, Lost Island Theme Park on June 11, 2024, beginning at 9:30 p.m. c. My Waterloo Days, Parking Avenue Parking Ramp on June 8, 2024, beginning at 9:30 p.m. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 313 of 630 ATTACHMENTS None Page 314 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Fire Rescue Department April 15, 2024 AGENDA ITEM TITLE Exception to Burning Yard Waste Application by Hawkeye Community College to burn prairie grasses on around the main HCC campus located at 1501 E. Orange Rd, between April 8 and May 10, 2024 from 9:00 a.m. to 5:30 p.m. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 315 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department April 15, 2024 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BONDS FOR COUNCIL APPROVAL_4.15.24 Page 316 of 630 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL April 15, 2024 66758079 AL MONOGHAN, LLC JANESVILLE, IA SY95411 ANACAPA ASSOCIATES, LLC WATERLOO, IA 95 CF G524 4 ANDREW MILLS AND MILLS ROOFING AND CONSTRUCTION WATERLOO, IA W150278883 ARENDS EXCAVATING, LLC WATERLOO, IA 7900452202 BERGEN PLUMBING, INC. WATERLOO, IA IA5212647 BOULDER CONTRACTING, LLC GRUNDY CENTER, IA IA 596877 BUCHANAN MASONRY INC. DBA C & C MASONRY INDEPENDENCE, IA 810017461 CEDAR VALLEY EXCAVATING LLC CEDAR FALLS, IA 7900452204 CHRISTONE, INC. WATERLOO, IA 55-219400 DAVE SCHMITT CONSTRUCTION COMPANY INC. CEDAR RAPIDS, IA W150256685 DIG AMERICA UTILITY CONTRACTING, INC. SAINT CLOUD, MN RSS0076801 FRICKSON BROTHERS EXCAVATING EVANSDALE, IA 7901106960 IWCC INC. DBA IOWA WALLS CONCRETE CONSTRUCTION MARION, IA 95 CLT825 2 JEFF DAVIS DBA DAVIS PLUMBING LLC LA PORTE CITY, IA IA5914774 KEVIN SCHULTS WATERLOO, IA DBA HONEST & AFFORDABLE PLUMBING & REMODELING RL10618722 LARRY A. RUST WATERLOO, IA IA580340 LARSON CONSTRUCTION CO. INC. INDEPENDENCE, IA SY81320 MATT NOLT ORCHARD, IA 69173956 MELI, LLC WATERLOO, IA 95 CL T812 4 MICHAEL STEEN WATERLOO, IA 2180297 MIKE DOLAN CONCRETE & MASONRY, INC. WATERLOO, IA IA 580415 OPERATION THRESHOLD INC. WATERLOO, IA RL10461917 RICK KITE JESUP, IA I A566969 RODNEY FRICKSON EVANSDALE, IA IA 570219 SAMMY DANIELS WATERLOO, IA DBA DANIELS HOME IMPROVEMENT & CONSTRUCTION 95 CC 8149 2 STEVE MILLER CONSTRUCTION LLC CEDAR FALLS, IA 95 02 3294 8 SWEERIN BROTHERS MASONRY WATERLOO, IA B150044012 TD&I CABLE MAINTENANCE, LLC HUDSON, WI W150424546 TEAM SERVICES INC. DES MOINES, IA 100403540 TOP NOTCH TILE AND CONSTRUCTION, LLC CEDAR FALLS, IA IA5960963 WHOLE EXCAVATION, LLC HUDSON, IA 016069339 TELCOM CONSTRUCTION, LLC CLEARWATER, MN IA 537809 YOUNG PLUMBING & HEATING CO. WATERLOO, IA Page 317 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Approval of FY 2025 budget for the budget year ending June 30, 2025. 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. FY25 Budget Proposed 04.15.2023 2. FY25 Budget Fact Sheet 3. Proposed Budget Changes in Cost from FY24 Page 318 of 630 4. Proposed Budget Changes in Personnel Costs from FY24 Page 319 of 630 3/22/24, 12:05 PM Local Government Property Valuation System FISCAL YEAR JULY 1, 2024 - JUNE 30, 2025 ADOPTION OF BUDGET AND CERTIFICATION OF CITY TAXES The City of : WATERLOO County Name: BLACK HAWK COUNTY Adopted On: (entered upon adoption) Resolution: (entered upon adoption) The below -signed certifies that the City Council, on the date stated above, lawfully approved the named resolution adopting a budget for next fiscal year, as summarized on this and the supporting pages. Attached is Long Term Debt Schedule Form 703 which lists any and all of the debt service obligations of the City. With Gas & Electric Without Gas & Electric City Number: 07-054 Last Official Census: 67,314 Regular 2a 2,316,559,336 2b 2,239,667,489 DEBT SERVICE 3a 2,936,953,535 3b 2,860,061,688 Ag Land 4a 14,957,216 Consolidated General Fund Levy Calculation CGFL Max Rate CGFL Max Dollars Non-TIF Taxable w/ G&E Taxable Growth FY 2024 Budget Data 8.91000 20,600,844 2,312,103,711 0.19 Limitation Percentage 0 CGFL Max Rate CGFL Max Dollars Revenue Growth % Max Allowed CGFL for FY 2025 8.91000 20,640,544 0.19 TAXES LEVIED Code Sec. Dollar Limit Purpose ENTER FIRE DISTRICT RATE BELOW (A) Request with Utility Replacement (B) Property Taxes Levied (C) Rate 384.1 8.91000 Consolidated General Fund 5 20,640,544 19,955,437 43 8.91000 Non -Voted Other Permissible Levies 384.12(1) 0.95000 Opr & Maint publicly owned Transit 7 1,462,588 1,414,036 45 0.63136 384.12(2) 0.27000 Aviation Authority (under sec.330A.15) 11 0 49 0.00000 384.12(3) Amt Nec Liability, property & self insurance costs 14 2,435,476 2,354,630 52 1.05133 384.12(5) Amt Nec Support of a Local Emerg.Mgmt.Comm. 462 90,359 87,369 465 0.03901 Voted Other Permissible Levies 28E.22 1.50000 Unified Law Enforcement 24 0 62 0.00000 Total General Fund Regular Levies (5 thru 24) 25 24,628,967 23,811,472 384.1 3.00375 Ag Land 26 44,928 44,928 63 3.00375 Total General Fund Tax Levies (25 + 26) 27 24,673,895 23,856,400 Do Not Add Special Revenue Levies 384.6 Amt Nec Police & Fire Retirement 29 5,033,269 4,866,193 2.17273 Amt Nec FICA & IPERS (if general fund at levy limit) 30 2,555,373 2,470,555 1.10309 Rules Amt Nec Other Employee Benefits 31 11,774,038 11,383,222 5.08255 Subtotal Employee Benefit Levy (29,30,31) 32 19,362,680 18,719,970 65 8.35837 Valuation 386 As Req With Gas & Elec Without Gas & Elec SSMID 1 (A) 0 (B) 0 34 0 66 0.00000 SSMID 2 (A) 0 (B) 0 35 0 67 0.00000 SSMID 3 (A) 0 (B) 0 36 0 68 0.00000 SSMID4 (A) 0 (B) 0 37 0 69 0.00000 SSMID5 (A) 0 (B) 0 555 0 565 0.00000 SSMID 6 (A) 0 (B) 0 556 0 566 0.00000 SSMID7 (A) 0 (B) 0 1177 0 1179 0.00000 SSMID8 (A) 0 (B) 0 1185 0 1187 0.00000 Total Special Revenue Levies 39 19,362,680 18,719,970 384.4 Amt Nec Debt Service Levy 76.10(6) 40 9,101,925 8,863,617 70 3.09910 384.7 0.67500 Capital Projects (Capital Improv. Reserve) 41 0 71 0.00000 Total Property Taxes (27+39+40+41) 42 53,138,500 51,439,987 72 22.08917 COUNTY AUDITOR - I certify the budget is in compliance with ALL the following: Budgets that DO NOT meet ALL the criteria below are not statutorily compliant & must be returned to the city for correction. ( City Representative ) ( Date) ( County Auditor ) ( Date ) https://dom-localgov.iowa.gov/budget-renderer?id=17204 Page 320 of16g0 https://dom-localgov.iowa.gov/budget-renderer?id=17204 FUND BALANCE City Name: WATERLOO Fiscal Year July 1, 2024 - June 30, 2025 GENERAL SPECIAL REVENUES TIF SPECIAL REVENUES DEBT SERVICE CAPITAL PROJECTS PERMANENT TOTAL GOVERNMENT PROPRIETARY GRAND TOTAL Annual Report FY 2023 Beginning Fund Balance July 1 1 58,642,717 33,804,168 5,431,972 923,952 20,891,674 0 119,694,483 24,588,073 144,282,556 Actual Revenues Except Beg Balance 2 74,699,677 58,118,862 11,446,524 14,871,013 18,120,551 0 177,256,627 34,388,210 211,644,837 Actual Expenditures Except End Balance 3 71,582,819 52,592,207 15,078,587 14,698,412 16,997,138 0 170,949,163 31,586,835 202,535,998 Ending Fund Balance June 30 4 61,759,575 39,330,823 1,799,909 1,096,553 22,015,087 0 126,001,947 27,389,448 153,391,395 Re -Estimated FY 2024 Beginning Fund Balance 5 61,759,575 39,330,823 1,799,909 1,096,553 22,015,087 0 126,001,947 27,389,448 153,391,395 Re -Est Revenues 6 71,477,025 81,947,864 13,252,256 14,670,955 16,435,803 0 197,783,903 62,135,743 259,919,646 Re -Est Expenditures 7 85,761,989 85,094,676 16,497,270 14,678,350 25,338,333 0 227,370,618 63,844,419 291,215,037 Ending Fund Balance 8 47,474,611 36,184,011 -1,445,105 1,089,158 13,112,557 0 96,415,232 25,680,772 122,096,004 Budget FY 2025 Beginning Fund Balance 9 47,474,611 36,184,011 -1,445,105 1,089,158 13,112,557 0 96,415,232 25,680,772 122,096,004 Revenues 10 77,919,619 93,427,345 21,437,284 15,677,127 48,308,333 0 256,769,708 41,621,416 298,391,124 Expenditures 11 88,524,371 102,608,562 19,199,585 15,992,120 58,308,333 0 284,632,971 45,030,589 329,663,560 Ending Fund Balance 12 36,869,859 27,002,794 792,594 774,165 3,112,557 0 68,551,969 22,271,599 90,823,568 Wd 90:Zl• 'bZ/ZZ/£ Local Government Property Valuation System Page 321 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 LOCAL EMC SUPPORT City Name: WATERLOO Fiscal Year July 1, 2024 - June 30, 2025 As provided in Iowa Code Section 384.12, subsection 22, a city may levy the amount necessary in support of a local Emergency Management Commission. In addition to this individual levy, Emergency Management Commission support may also be included as part of the General Fund Levy. Iowa Code Section 29C.17, subsection 5 states that any support from cities or counties must be separately reported on tax statements issued by the county treasurer. Input the amount of General Fund Levy request to be used for support of an Emergency Management Commission. The total below will reflect the total amount of Emergency Management Commission support provided by the City. Request with Utility Replacement Property Taxes Levied Portion of General Fund Levy Used for Emerg. Mgmt. Comm. 0 Support of a Local Emerg.Mgmt.Comm. 90,359 87,369 TOTAL FOR FY 2025 90,359 87,369 Wd 50 Zl `bZ/ZZ/£ Local Government Property Valuation System Page 322 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 RE -ESTIMATED EXPENDITURES SCHEDULE PAGE 1 City Name: WATERLOO Fiscal Year July 1, 2023 - June 30, 2024 GOVERNMENT ACTIVITIES CONT. GENERAL SPECIAL REVENUE TIF SPECIAL REVENUES DEBT SERVICE CAPITAL PROJECTS PERMANENT PROPRIETARY RE -ESTIMATED 2024 ACTUAL 2023 PUBLIC SAFETY Police Department/Crime Prevention 1 20,055,417 2,580,572 22,635,989 21,314,497 Jail 2 0 0 Emergency Management 3 111,724 111,724 85,513 Flood Control 4 0 0 Fire Department 5 12,212,245 1,801,558 14,013,803 13,936,548 Ambulance 6 4,195,764 400,369 4,596,133 3,870,006 Building Inspections 7 1,537,693 1,537,693 1,378,708 Miscellaneous Protective Services 8 0 0 Animal Control 9 0 0 Other Public Safety 10 0 0 TOTAL (lines 1 - 10) 11 38,112,843 4,782,499 0 42,895,342 40,585,272 PUBLIC WORKS Roads, Bridges, & Sidewalks 12 325,000 19,422,570 19,747,570 13,909,509 Parking - Meter and Off -Street 13 447,800 447,800 366,737 Street Lighting 14 535,680 535,680 487,706 Traffic Control and Safety 15 1,997,493 1,997,493 1,755,534 Snow Removal 16 1,809,467 1,809,467 1,580,464 Highway Engineering 17 0 0 Street Cleaning 18 0 0 Airport(ifnotEnterprise) 19 1,669,444 4,958,862 6,628,306 2,172,207 Garbage (if not Enterprise) 20 0 0 Other Public Works 21 4,868,247 4,868,247 4,886,711 TOTAL (lines 12 - 21) 22 7,310,491 28,724,072 0 36,034,563 25,158,868 HEALTH & SOCIAL SERVICES Welfare Assistance 23 0 0 City Hospital 24 0 0 Payments to Private Hospitals 25 0 0 Health Regulation and Inspection 26 0 0 Water, Air, and Mosquito Control 27 0 0 Community Mental Health 28 0 0 Other Health and Social Services 29 366,250 366,250 349,862 TOTAL (lines 23 - 29) 30 366,250 0 0 366,250 349,862 CULTURE & RECREATION Library Services 31 3,030,831 3,030,831 2,896,125 Museum, Band and Theater 32 2,117,813 2,117,813 1,092,341 Parks 33 3,497,653 3,497,653 3,205,450 Recreation 34 3,716,390 3,716,390 3,605,220 Cemetery 35 70,000 70,000 70,000 Community Center, Zoo, & Marina 36 942,107 942,107 1,008,768 Other Culture and Recreation 37 0 0 TOTAL (lines 31 - 37) 38 13,374,794 0 0 13,374,794 11,877,904 Wd 50 Zl `bZ/ZZ/£ Local Government Property Valuation System Page 323 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 RE -ESTIMATED EXPENDITURES SCHEDULE PAGE 2 City Name: WATERLOO Fiscal Year July 1, 2023 - June 30, 2024 GOVERNMENT ACTIVITIES CONT. GENERAL SPECIAL REVENUE TIF SPECIAL REVENUES DEBT SERVICE CAPITAL PROJECTS PERMANENT PROPRIETARY RE -ESTIMATED 2024 ACTUAL 2023 COMMUNITY & ECONOMIC DEVELOPMENT Community Beautification 39 0 0 Economic Development 40 1,321,937 1,321,937 2,176,217 Housing and Urban Renewal 41 62,440 12,964,696 13,027,136 9,182,426 Planning & Zoning 42 652,952 652,952 728,314 Other Com & Econ Development 43 2,296,570 2,296,570 3,732,294 TIF Rebates 44 3,935,848 3,935,848 2,618,556 TOTAL (lines 39 - 44) 45 4,333,899 12,964,696 3,935,848 0 21,234,443 18,437,807 GENERAL GOVERNMENT Mayor, Council, & City Manager 46 1,311,056 1,311,056 1,037,106 Clerk, Treasurer, & Finance Adm. 47 1,777,419 1,777,419 1,499,654 Elections 48 60,000 60,000 18,949 Legal Services & City Attorney 49 333,186 333,186 250,291 City Hall & General Buildings 50 737,147 737,147 724,941 Tort Liability 51 2,777,004 2,777,004 2,177,142 Other General Government 52 5,120,900 17,472 5,138,372 4,176,879 TOTAL (lines 46 - 52) 53 12,116,712 17,472 0 0 12,134,184 9,884,962 DEBT SERVICE 54 14,678,350 14,678,350 14,698,412 Gov Capital Projects 55 27,065,150 17,308,333 44,373,483 20,323,173 TIF Capital Projects 56 8,030,000 8,030,000 6,732,248 TOTAL CAPITAL PROJECTS 57 0 27,065,150 0 25,338,333 0 52,403,483 27,055,421 TOTAL Governmental Activities Expenditures (lines 11+22+30+38+44+52+53+54) 58 75,614,989 73,553,889 3,935,848 14,678,350 25,338,333 0 193,121,409 148,048,508 BUSINESS TYPE ACTIVITIES Proprietary: Enterprise & Budgeted ISF Water Utility 59 0 0 Sewer Utility 60 10,826,168 10,826,168 8,189,771 Electric Utility 61 0 0 Gas Utility 62 0 0 Airport 63 0 0 LandfrlUGarbage 64 6,820,299 6,820,299 5,418,398 Transit 65 0 0 Cable TV, Internet & Telephone 66 20,000,000 20,000,000 0 Housing Authority 67 0 0 Storm Water Utility 68 1,767,887 1,767,887 1,368,608 Other Business Type (city hosp., ISF, parking, etc.) 69 0 0 Enterprise DEBT SERVICE 70 2,850,000 2,850,000 2,496,005 Enterprise CAPITAL PROJECTS 71 19,501,469 19,501,469 11,950,772 Enterprise TIF CAPITAL PROJECTS 72 0 0 TOTAL BUSINESS TYPE EXPENDITURES (lines 59+72) 73 61,765,823 61,765,823 29,423,554 TOTAL ALL EXPENDITURES (lines 58+73) 74 75,614,989 73,553,889 3,935,848 14,678,350 25,338,333 0 61,765,823 254,887,232 177,472,062 Regular Transfers Out 75 10,000,000 11,540,787 2,078,596 23,619,383 14,208,589 Internal TIF Loan Transfers Out 76 147,000 12,561,422 12,708,422 10,855,347 Total ALL Transfers Out 77 10,147,000 11,540,787 12,561,422 0 0 0 2,078,596 36,327,805 25,063,936 Total Expenditures and Other Fin Uses (lines 74+77) 78 85,761,989 85,094,676 16,497,270 14,678,350 25,338,333 0 63,844,419 291,215,037 202,535,998 Ending Fund Balance June 30 79 47,474,611 36,184,011 -1,445,105 1,089,158 13,112,557 0 25,680,772 122,096,004 153,391,395 Wd 50 Zl `bZ/ZZ/£ Local Government Property Valuation System Page 324 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 RE -ESTIMATED REVENUES DETAIL City Name: WATERLOO Fiscal Year July 1, 2023 - June 30, 2024 REVENUES & OTHER FINANCING SOURCES GENERAL SPECIAL REVENUE TIF SPECIAL REVENUES DEBT SERVICE CAPITAL PROJECTS PERMANENT PROPRIETARY RE -ESTIMATED 2024 ACTUAL 2023 Taxes Levied on Property 1 23,051,563 14,780,057 7,347,304 45,178,924 44,794,609 Less: Uncollected Property Taxes - Levy Year 2 0 0 Net Current Property Taxes (line 1 minus line 2) 3 23,051,563 14,780,057 7,347,304 0 45,178,924 44,794,609 Delinquent Property Taxes 4 0 19,839 TIF Revenues 5 13,065,256 13,065,256 11,230,764 Other City Taxes: Utility Tax Replacement Excise Taxes 6 823,999 529,427 224.129 1,577,555 1,514,906 Utility francise tax (Iowa Code Chapter 364.2) 7 5,070,000 5,070,000 5,536,671 Parimutuel wager tax 8 0 0 Gaming wager tax 9 1,454,000 1,454,000 1,446,603 Mobile Home Taxes 10 34,700 10,000 44,700 80,217 Hotel/Motel Taxes 11 1,450,000 1,450,000 1,611,512 Other Local Option Taxes 12 11,000,000 11,000,000 12,981,242 Subtotal - Other City Taxes (lines 6 thru 12) 13 8,832,699 11,529,427 234,129 0 20,596,255 23,171,151 Licenses & Permits 14 1,482,760 22,500 18775 1,524,035 1,431,558 Use of Money & Property 15 1,484,700 283,500 40,000 10,000 275,000 2,093,200 5,146,545 Intergovernmental: Federal Grants & Reimbursements 16 1,463,905 27,851,996 29,315,901 14,452,431 Road Use Taxes 17 9,000,000 9,000,000 9,263,164 Other State Grants & Reimbursements 18 1,283,985 1,126,484 331,781 1,400,000 4,142,250 5,846,878 Local Grants & Reimbursements 19 430,678 7,283,000 336,570 8,050,248 1,042,266 Subtotal - Intergovernmental (lines 16 thru 19) 20 3,178,568 45,261,480 0 331,781 0 1,736,570 50,508,399 30,604,739 Charges for Fees & Service: Water Utility 21 0 0 Sewer Utility 22 18,968,552 18,968,552 16,542,969 Electric Utility 23 0 0 Gas Utility 24 0 0 Parking 25 490,000 490,000 392,267 Airport 26 245,500 245,500 329,256 Landfill/Garbage 27 5,815,846 5,815,846 6,189,489 Hospital 28 0 0 Transit 29 0 0 Cable TV, Internet & Telephone 30 0 0 Housing Authority 31 0 0 Storm Water Utility 32 0 3,200,398 Other Fees & Charges for Service 33 12,687,665 12,687,665 14,393,004 Subtotal - Charges for Service (lines 21 thru 33) 34 13,423,165 0 0 0 0 24,784,398 38,207,563 41,047,383 Special Assessments 35 308,000 308,000 382,051 Miscellaneous 36 8,092,443 70,900 185,063 2,355,803 10,704,209 14,578,331 Other Financing Sources: Regular Operating Transfers In 37 11,144,190 10,000,000 2,425,193 50,000 23,619,383 14,208,589 Internal TIF Loan Transfers In 38 393,937 147,000 4,137,485 8,030,000 12,708,422 10,855,347 Subtotal ALL Operating Transfers In 39 11,538,127 10,000,000 147,000 6,562,678 8,080,000 0 0 36,327,805 25,063,936 Proceeds of Debt (Excluding TIF Internal Borrowing) 40 6,000,000 35,316,000 41,316,000 13,873,703 Proceeds of Capital Asset Sales 41 85,000 5,000 90,000 300,228 Subtotal -Other Financing Sources (lines 36 thru 38) 42 11,623,127 10,000,000 147,000 6,562,678 14,080,000 0 35,321,000 77,733,805 39,237,867 Total Revenues except for beginning fund balance (lines 3, 4, 5, 12, 13, 14, 19, 33, 34, 35, & 39) 43 71,477,025 81,947,864 13,252,256 14,670,955 16,435,803 0 62,135,743 259,919,646 211,644,837 Beginning Fund Balance July 1 44 61,759,575 39,330,823 1,799,909 1,096,553 22,015,087 0 27,389,448 153,391,395 144,282,556 TOTAL REVENUES & BEGIN BALANCE (lines 41+42) 45 133,236,600 121,278,687 15,052,165 15,767,508 38,450,890 0 89,525,191 413,311,041 355,927,393 Wd 50 Zl `bZ/ZZ/£ Local Government Property Valuation System Page 325 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 EXPENDITURES SCHEDULE PAGE 1 City Name: WATERLOO Fiscal Year July 1, 2024 - June 30, 2025 GOVERNMENT ACTIVITIES GENERAL SPECIAL REVENUES TIF SPECIAL REVENUES DEBT SERVICE CAPITAL PROJECTS PERMANENT PROPRIETARY BUDGET 2025 RE - ESTIMATED 2U24 ACTUAL 2023 PUBLIC SAFETY Police Department/Crime Prevention 1 21,154,999 2,723,573 23,878,572 22,635,989 21,314,497 Jail 2 0 0 0 Emergency Management 3 90,359 90,359 111,724 85,513 Flood Control 4 0 0 0 Fire Department 5 12,457,467 1,839,626 14,297,093 14,013,803 13,936,548 Ambulance 6 4,358,266 470,070 4,828,336 4,596,133 3,870,006 Building Inspections 7 1,612,997 1,612,997 1,537,693 1,378,708 Miscellaneous Protective Services 8 0 0 0 Animal Control 9 0 0 0 Other Public Safety 10 0 0 0 TOTAL(lines 1 - 10) 11 39,674,088 5,033,269 0 44,707,357 42,895,342 40,585,272 PUBLIC WORKS Roads, Bridges, & Sidewalks 12 500,000 27,082,988 27,582,988 19,747,570 13,909,509 Parking - Meter and Off -Street 13 425,000 425,000 447,800 366,737 Street Lighting 14 500,000 500,000 535,680 487,706 Traffic Control and Safety 15 2,105,887 2,105,887 1,997,493 1,755,534 Snow Removal 16 1,908,692 1,908,692 1,809,467 1,580,464 Highway Engineering 17 0 0 0 Street Cleaning 18 0 0 0 Airport 19 1,548,462 5,594,089 7,142,551 6,628,306 2,172,207 Garbage (if not Enterprise) 20 0 0 0 Other Public Works 21 5,000,521 5,000,521 4,868,247 4,886,711 TOTAL(lines 12 - 21) 22 7,473,983 37,191,656 0 44,665,639 36,034,563 25,158,868 HEALTH & SOCIAL SERVICES Welfare Assistance 23 0 0 0 City Hospital 24 0 0 0 Payments to Private Hospitals 25 0 0 0 Health Regulation and Inspection 26 0 0 0 Water, Air, and Mosquito Control 27 0 0 0 Community Mental Health 28 0 0 0 Other Health and Social Services 29 397,202 397,202 366,250 349,862 TOTAL (lines 23 - 29) 30 397,202 0 0 397,202 366,250 349,862 CULTURE & RECREATION Library Services 31 3,049,199 3,049,199 3,030,831 2,896,125 Museum, Band and Theater 32 2,145,428 2,145,428 2,117,813 1,092,341 Parks 33 3,594,409 3,594,409 3,497,653 3,205,450 Recreation 34 3,721,531 3,721,531 3,716,390 3,605,220 Cemetery 35 70,000 70,000 70,000 70,000 Community Center, Zoo, & Marina 36 968,430 968,430 942,107 1,008,768 Other Culture and Recreation 37 0 0 0 TOTAL (lines 31 - 37) 38 13,548,997 0 0 13,548,997 13,374,794 11,877,904 Wd 90:Z1 'bZ/ZZ/£ Local Government Property Valuation System Page 326 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 EXPENDITURES SCHEDULE PAGE 2 City Name: WATERLOO Fiscal Year July 1, 2024 - June 30, 2025 GOVERNMENT ACTIVITIES GENERAL SPECIAL REVENUES TIF SPECIAL REVENUES DEBT SERVICE CAPITAL PROJECTS PERMANENT PROPRIETARY BUDGETRE- 2025 ESTIMATED 2024 ACTUAL 2023 COMMUNITY & ECONOMIC DEVELOPMENT Community Beautification 39 0 0 0 Economic Development 40 1,504,469 1,504,469 1,321,937 2,176,217 Housing and Urban Renewal 41 59,440 16,357,682 16,417,122 13,027,136 9,182,426 Planning & Zoning 42 694,359 694,359 652,952 728,314 Other Com & Econ Development 43 2,347,896 2,347,896 2,296,570 3,732,294 TIF Rebates 44 4,876,642 4,876,642 3,935,848 2,618,556 TOTAL (lines 39 - 44) 45 4,606,164 16,357,682 4,876,642 0 25,840,488 21,234,443 18,437,807 GENERAL GOVERNMENT Mayor, Council, & City Manager 46 1,383,946 1,383,946 1,311,056 1,037,106 Clerk, Treasurer, & Finance Adm. 47 1,798,476 1,798,476 1,777,419 1,499,654 Elections 48 60,000 60,000 60,000 18,949 Legal Services & City Attorney 49 342,478 342,478 333,186 250,291 City Hall & General Buildings 50 776,539 776,539 737,147 724,941 Tort Liability 51 3,037,675 3,037,675 2,777,004 2,177,142 Other General Government 52 5,424,823 17,472 5,442,295 5,138,372 4,176,879 TOTAL (lines 46 - 52) 53 12,823,937 17,472 0 0 12,841,409 12,134,184 9,884,962 DEBT SERVICE 54 15,992,120 15,992,120 14,678,350 14,698,412 Gov Capital Projects 55 28,431,150 48,308,333 76,739,483 44,373,483 20,323,173 TIF Capital Projects 56 10,000,000 10,000,000 8,030,000 6,732,248 TOTAL CAPITAL PROJECTS 57 0 28,431,150 0 58,308,333 0 86,739,483 52,403,483 27,055,421 TOTAL Government Activities Expenditures (lines 11+22+30+38+45+53+54+57) 58 78,524,371 87,031,229 4,876,642 15,992,120 58,308,333 0 244,732,695 193,121,409 148,048,508 BUSINESS TYPE ACTIVITIES Proprietary: Enterprise & Budgeted ISF Water Utility 59 0 0 0 Sewer Utility 60 11,727,175 11,727,175 10,826,168 8,189,771 Electric Utility 61 0 0 0 Gas Utility 62 0 0 0 Airport 63 0 0 0 Landfill/Garbage 64 7,314,731 7,314,731 6,820,299 5,418,398 Transit 65 0 0 0 Cable TV, Internet & Telephone 66 0 20,000,000 0 Housing Authority 67 0 0 0 Storm Water Utility 68 1,756,861 1,756,861 1,767,887 1,368,608 Other Business Type (city hosp., ISF, parking, etc.) 69 0 0 0 Enterprise DEBT SERVICE 70 3,073,000 3,073,000 2,850,000 2,496,005 Enterprise CAPITAL PROJECTS 71 19,200,000 19,200,000 19,501,469 11,950,772 Enterprise TIF CAPITAL PROJECTS 72 0 0 0 TOTAL Business Type Expenditures (lines 59 - 72) 73 43,071,767 43,071,767 61,765,823 29,423,554 TOTAL ALL EXPENDITURES (lines 58 + 73) 74 78,524,371 87,031,229 4,876,642 15,992,120 58,308,333 0 43,071,767 287,804,462 254,887,232 177,472,062 Regular Transfers Out 75 10,000,000 15,577,333 1,958,822 27,536,155 23,619,383 14,208,589 Internal TIF Loan / Repayment Transfers Out 76 14,322,943 14,322,943 12,708,422 10,855,347 Total ALL Transfers Out 77 10,000,000 15,577,333 14,322,943 0 0 0 1,958,822 41,859,098 36,327,805 25,063,936 Total Expenditures & Fund Transfers Out (lines 74+77) 78 88,524,371 102,608,562 19,199,585 15,992,120 58,308,333 0 45,030,589 329,663,560 291,215,037 202,535,998 Ending Fund Balance June 30 79 36,869,859 27,002,794 792,594 774,165 3,112,557 0 22,271,599 90,823,568 122,096,004 153,391,395 INd 50:Z1 `bZ/ZZ/£ Local Government Property Valuation System Page 327 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 REVENUES DETAIL City Name: WATERLOO Fiscal Year July 1, 2024 - June 30, 2025 GENERAL SPECIAL REVENUES TIF SPECIAL REVENUES DEBT SERVICE CAPITAL PROJECTS PERMANENT PROPRIETARY 2025 RE - ESTIMATED ESTIMATED 2024 ACTUAL 2023 REVENUES & OTHER FINANCING SOURCES' Taxes Levied on Property 1 23,856,400 18,719,970 8,863,617 0 51,439,987 45,178,924 44,794,609 Less: Uncollected Property Taxes - Levy Year 2 0 0 0 Net Current Property Taxes (line 1 minus line 2) 3 23,856,400 18,719,970 8,863,617 0 51,439,987 45,178,924 44,794,609 Delinquent Property Taxes 4 0 0 19,839 T1F Revenues 5 21,144,488 21,144,488 13,065,256 11,230,764 Other City Taxes: Utility Tax Replacement Excise Taxes 6 817,495 642,710 238,308 0 1,698,513 1,577,555 1,514,906 Utility francise tax (Iowa Code Chapter 364.2) 7 5,070,000 5,070,000 5,070,000 5,536,671 Parimutuel wager tax 8 0 0 0 Gaming wager tax 9 1,454,000 1,454,000 1,454,000 1,446,603 Mobile Home Taxes 10 33,700 10,000 43,700 44,700 80,217 Hotel/Motel Taxes 11 1,520,000 1,520,000 1,450,000 1,611,512 Other Local Option Taxes 12 12,000,000 12,000,000 11,000,000 12,981,242 Subtotal - Other City Taxes (lines 6 thru 12) 13 8,895,195 12,642,710 248,308 0 21,786,213 20,596,255 23,171,151 Licenses & Permits 14 1,484,705 22,500 12500 1,519,705 1,524,035 1,431,558 Use of Money & Property 15 1,634,500 563,500 100,000 10,000 140,000 2,448,000 2,093,200 5,146,545 Intergovernmental: Federal Grants & Reimbursements 16 648,752 24,352,290 25,001,042 29,315,901 14,452,431 Road Use Taxes 17 9,250,000 9,250,000 9,000,000 9,263,164 Other State Grants & Reimbursements 18 1,449,455 16,367,018 192,796 353,500 2,000,000 20,362,769 4,142,250 5,846,878 Local Grants & Reimbursements 19 448,851 1,000,000 20,000,000 336,570 21,785,421 8,050,248 1,042,266 Subtotal -Intergovernmental (lines 16 thru 19) 20 2,547,058 50,969,308 192,796 353,500 20,000,000 2,336,570 76,399,232 50,508,399 30,604,739 Charges for Fees & Service: Water Utility 21 0 0 0 Sewer Utility 22 19,366,000 19,366,000 18,968,552 16,542,969 Electric Utility 23 0 0 0 Gas Utility 24 0 0 0 Parking 25 425,000 425,000 490,000 392,267 Airport 26 305,000 195,807 500,807 245,500 329,256 Landfill/Garbage 27 5,721,346 5,721,346 5,815,846 6,189,489 Hospital 28 0 0 0 Transit 29 0 0 0 Cable TV, Internet & Telephone 30 0 0 0 Housing Authority 31 0 0 0 Storm Water Utility 32 0 0 3,200,398 Other Fees & Charges for Service 33 13,018,178 222,800 13,240,978 12,687,665 14,393,004 Subtotal - Charges for Service (lines 21 thru 33) 34 13,748,178 418,607 0 0 0 25,087,346 39,254,131 38,207,563 41,047,383 Special Assessments 35 470,000 40,000 510,000 308,000 382,051 Miscellaneous 36 9,541,187 90,750 2,308,333 11,940,270 10,704,209 14,578,331 Other Financing Sources: Regular Operating Transfers In 37 15,402,927 10,000,000 2,133,228 27,536,155 23,619,383 14,208,589 Internal TIF Loan Transfers In 38 254,469 4,068,474 10,000,000 14,322,943 12,708,422 10,855,347 Subtotal ALL Operating Transfers In 39 15,657,396 10,000,000 0 6,201,702 10,000,000 0 0 41,859,098 36,327,805 25,063,936 Proceeds of Debt (Excluding TIF Internal Borrowing) 40 16,000,000 14,000,000 30,000,000 41,316,000 13,873,703 Proceeds of Capital Asset Sales 41 85,000 5,000 90,000 90,000 300,228 Subtotal -Other Financing Sources (lines 38 thru 40) 42 15,742,396 10,000,000 0 6,201,702 26,000,000 0 14,005,000 71,949,098 77,733,805 39,237,867 Total Revenues except for beginning fund balance (lines 3, 4, 15, 20, 34, 35, 36, & 41) 5, 13, 14, 43 77,919,619 93,427,345 21,437,284 15,677,127 48,308,333 0 41,621,416 298,391,124 259,919,646 211,644,837 Beginning Fund Balance July 1 44 47,474,611 36,184,011 -1,445,105 1,089,158 13,112,557 0 25,680,772 122,096,004 153,391,395 144,282,556 TOTAL REVENUES & BEGIN BALANCE (lines 42+43) 45 125,394,230 129,611,356 19,992,179 16,766,285 61,420,890 0 67,302,188 420,487,128 413,311,041 355,927,393 Wd 90:Z1 'bZ/ZZ/fi Local Government Property Valuation System Page 328 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 ADOPTED BUDGET SUMMARY City Name: WATERLOO Fiscal Year July 1, 2024 - June 30, 2025 GENERAL SPECIAL REVENUES TIF SPECIAL REVENUES DEBT SERVICE CAPITAL PROJECTS PERMANENT PROPRIETARY BUDGET 2025 RE -ESTIMATED 2024 ACTUAL 2023 Revenues & Other Financing Sources Taxes Levied on Property 1 23,856,400 18,719,970 8,863,617 0 51,439,987 45,178,924 44,794,609 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 0 0 0 0 Net Current Property Taxes 3 23,856,400 18,719,970 8,863,617 0 51,439,987 45,178,924 44,794,609 Delinquent Property Taxes 4 0 0 0 0 0 0 19,839 TIF Revenues 5 21,144,488 21,144,488 13,065,256 11,230,764 Other City Taxes 6 8,895,195 12,642,710 248,308 0 21,786,213 20,596,255 23,171,151 Licenses & Permits 7 1,484,705 22,500 12,500 1,519,705 1,524,035 1,431,558 Use of Money and Property 8 1,634,500 563,500 100,000 10,000 0 0 140,000 2,448,000 2,093,200 5,146,545 Intergovernmental 9 2,547,058 50,969,308 192,796 353,500 20,000,000 2,336,570 76,399,232 50,508,399 30,604,739 Charges for Fees & Service 10 13,748,178 418,607 0 0 0 25,087,346 39,254,131 38,207,563 41,047,383 Special Assessments 11 470,000 0 0 0 40,000 510,000 308,000 382,051 Miscellaneous 12 9,541,187 90,750 0 2,308,333 0 0 11,940,270 10,704,209 14,578,331 Sub -Total Revenues 13 62,177,223 83,427,345 21,437,284 9,475,425 22,308,333 0 27,616,416 226,442,026 182,185,841 172,406,970 Other Financing Sources: Total Transfers In 14 15,657,396 10,000,000 0 6,201,702 10,000,000 0 0 41,859,098 36,327,805 25,063,936 Proceeds of Debt 15 0 0 0 0 16,000,000 14,000,000 30,000,000 41,316,000 13,873,703 Proceeds of Capital Asset Sales 16 85,000 0 0 0 0 0 5,000 90,000 90,000 300,228 Total Revenues and Other Sources 17 77,919,619 93,427,345 21,437,284 15,677,127 48,308,333 0 41,621,416 298,391,124 259,919,646 211,644,837 Expenditures & Other Financing Uses Public Safety 18 39,674,088 5,033,269 0 0 44,707,357 42,895,342 40,585,272 Public Works 19 7,473,983 37,191,656 0 0 44,665,639 36,034,563 25,158,868 Health and Social Services 20 397,202 0 0 0 397,202 366,250 349,862 Culture and Recreation 21 13,548,997 0 0 0 13,548,997 13,374,794 11,877,904 Community and Economic Development 22 4,606,164 16,357,682 4,876,642 0 25,840,488 21,234,443 18,437,807 General Government 23 12,823,937 17,472 0 0 12,841,409 12,134,184 9,884,962 Debt Service 24 0 0 0 15,992,120 0 15,992,120 14,678,350 14,698,412 Capital Projects 25 0 28,431,150 0 58,308,333 0 86,739,483 52,403,483 27,055,421 Total Government Activities Expenditures 26 78,524,371 87,031,229 4,876,642 15,992,120 58,308,333 0 244,732,695 193,121,409 148,048,508 Business Type Proprietray: Enterprise & ISF 27 43,071,767 43,071,767 61,765,823 29,423,554 Total Gov & Bus Type Expenditures 28 78,524,371 87,031,229 4,876,642 15,992,120 58,308,333 0 43,071,767 287,804,462 254,887,232 177,472,062 Total Transfers Out 29 10,000,000 15,577,333 14,322,943 0 0 0 1,958,822 41,859,098 36,327,805 25,063,936 Total ALL Expenditures/Fund Transfers Out 30 88,524,371 102,608,562 19,199,585 15,992,120 58,308,333 0 45,030,589 329,663,560 291,215,037 202,535,998 Excess Revenues & Other Sources Over 31 (Under) Expenditures/Transfers Out 32 -10,604,752 -9,181,217 2,237,699 -314,993 -10,000,000 0 -3,409,173 -31,272,436 -31,295,391 9,108,839 Beginning Fund Balance July 1 33 47,474,611 36,184,011 -1,445,105 1,089,158 13,112,557 0 25,680,772 122,096,004 153,391,395 144,282,556 Ending Fund Balance June 30 34 36,869,859 27,002,794 792,594 774,165 3,112,557 0 22,271,599 90,823,568 122,096,004 153,391,395 Wd 90:Z1 'bZ/ZZ/£ Local Government Property Valuation System O Page 329 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 LONG TERM DEBT SCHEDULE - LT DEBT1 GENERAL OBLIGATION BONDS, TIF BONDS, REVENUE BONDS, LOANS, LEASE -PURCHASE PAYMENTS Debt Name Amount of Issue Type of Debt Obligation Debt Resolution Number Principal Due FY Interest Due FY Total Obligation Due FY Bond Reg./ Paying Agent Fees Due FY Reductions due to Refinancing or Prepayment of Certified Debt Paid from Funds OTHER THAN Current Year Debt Service Taxes Amount Paid Current Year Debt Service Levy Corporate Purpose - 2014A 1 10,065,000 GO 2014-352 465,000 74,906 539,906 539,906 Corporate Purpose - 2014B 2 4,970,000 GO 2014-352 385,000 80,254 465,254 465,254 Corporate Purpose - 2015A 3 12,455,000 GO 2015-365 850,000 173,881 1,023,881 493,906 529,975 Corporate Purpose - 2015B 4 1,545,000 GO 2015-365 105,000 24,545 129,545 129,545 Corporate Purpose - 2016A 5 8,605,000 GO 2016-367 415,000 63,500 478,500 478,500 Corporate Purpose - 2016B 6 1,810,000 GO 2016-367 120,000 25,975 145,975 145,975 Corporate Purpose - 2016C 7 9,250,000 GO 2015-700 420,000 182,135 602,135 602,135 Corporate Purpose - 2017A 8 9,245,000 GO 2017-182 380,000 101,550 481,550 76,950 404,600 Corporate Purpose - 2017B 9 3,600,000 GO 2017-182 235,000 63,270 298,270 298,270 Corporate Purpose - 2017C 10 8,100,000 GO 2017-182 395,000 174,406 569,406 569,406 Corporate Purpose - 2018A 11 10,505,000 GO 2018-111 1,275,000 155,100 1,430,100 345,050 1,085,050 Corporate Purpose - 2018B 12 1,070,000 GO 2018-111 110,000 16,110 126,110 126,110 Corporate Purpose - 2019A 13 6,790,000 GO 2019-383 670,000 110,700 780,700 780,700 Corporate Purpose - 2019B 14 3,210,000 GO 2019-384 320,000 47,385 367,385 367,385 Corporate Purpose - 2019C 15 2,770,000 GO 2019-754 380,000 15,300 395,300 395,300 Corporate Purpose - 2019D 16 3,625,000 GO 2019-755 545,000 21,628 566,628 368,823 197,805 Corporate Purpose - 2020A 17 7,025,000 GO 2020-446 225,000 106,900 331,900 331,900 Corporate Purpose - 2020B 18 8,235,000 GO 2020-448 550,000 77,365 627,365 239,053 388,312 Corporate Purpose - 2021A 19 14,370,000 GO 2021-407 1,350,000 205,000 1,555,000 100,900 1,454,100 Corporate Purpose - 2021B 20 8,610,000 GO 2021-408 825,000 90,310 915,310 334,140 581,170 Corporate Purpose - 2022A 21 14,075,000 GO 2021-621 1,045,000 272,188 1,317,188 1,317,188 Corporate Purpose - 2022B 22 5,685,000 GO 2022-340 100,000 165,505 265,505 265,505 Corporate Purpose - 2022C 23 4,315,000 GO 2022-341 100,000 156,385 256,385 256,385 Corporate Purpose - 2023A 24 6,000,000 GO 2023-168 305,000 269,050 574,050 574,050 Planned Issues 25 6,000,000 GO 2024-123 440,000 302,855 742,855 742,855 Planned Issues - Fiber 26 20,000,000 GO 2024-161 0 991,667 991,667 991,667 TIF Transfer 27 NON -GO 0 4,068,474 -4,068,474 Iowa Reinvestment District Transfer 28 NON -GO 0 174,406 -174,406 Mobile Home Taxes 29 NON -GO 0 10,000 -10,000 Interest Revenue 30 NON -GO 0 25,000 -25,000 TOTALS 12,010,000 3,967,870 15,977,870 0 0 6,236,702 9,741,168 Wd 90:Z1 'bZ/ZZ/£ Local Government Property Valuation System Page 330 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 LONG TERM DEBT SCHEDULE - LT DEBT2 GENERAL OBLIGATION BONDS, TIF BONDS, REVENUE BONDS, LOANS, LEASE -PURCHASE PAYMENTS Debt Name Amount of Issue Type of Debt Obligation Debt Resolution Number Principal Due FY Interest Due FY Total Obligation Due FY Bond Reg./ Paying Agent Fees Due FY Reductions due to Refinancing or Prepayment of Certified Debt Paid from Funds OTHER THAN Current Year Debt Service Taxes Amount Paid Current Year Debt Service Levy Bond Registration, Debt Service Expense 31 GO various 0 14,250 14,250 BPTC Reimb 32 NON -GO 0 199,970 -199,970 Rollback Replacement Revenue 33 NON -GO 0 153,523 -153,523 Hotel Motel Taxes 34 NON -GO 0 300,000 -300,000 35 - 0 0 36 - 0 0 37 - 0 0 38 - 0 0 39 - 0 0 40 - 0 0 41 - 0 0 42 - 0 0 43 - 0 0 44 - 0 0 45 - 0 0 46 - 0 0 47 - 0 0 48 - 0 0 49 - 0 0 50 - 0 0 51 - 0 0 52 - 0 0 53 - 0 0 54 - 0 0 55 - 0 0 56 - 0 0 57 - 0 0 58 - 0 0 59 - 0 0 60 - 0 0 TOTALS 12,010,000 3,967,870 15,977,870 14.250 0 6,890,195 9,101,925 Wd 90:Z1 'bZ/ZZ/£ Local Government Property Valuation System Page 331 of 630 https://dom-localgov.iowa.gov/budget-renderer?id=17204 LONG TERM DEBT SCHEDULE - GRAND TOTALS GENERAL OBLIGATION BONDS, TIF BONDS, REVENUE BONDS, LOANS, LEASE -PURCHASE PAYMENTS Principal Due FY 2025 Interest Due FY 2025 Total Obligation Due FY 2025 Bond Reg./ Paying Agent Fees Due FY 2025 Reductions due to Refinancing or Prepayment of Certified Debt Paid from Sources OTHER THAN Budget Year Debt Service Levy Amount Paid Budget Year Debt Service Levy GO - TOTAL 12,010,000 3,967,870 15,977,870 14,250 0 1,958,822 14,033,298 NON GO - TOTAL 0 0 0 0 0 4,931,373 -4,931,373 GRAND - TOTAL 12,010,000 3,967,870 15,977,870 14,250 0 6,890,195 9,101,925 Wd 90:Z1 'bZ/ZZ/fi Local Government Property Valuation System Page 332 of 630 Proposed Budget 4/15/24 City of Waterloo Budget Fact Sheet (or How the Work Gets Done) For the Year Ending June 30, 2025 General Fund Budget including Employee Benefits $ Other Operating Budgets Capital Budget Debt Service Budget Total Budget - All Funds City Property Tax Askings - General City Property Tax Askings - Library Levy City Property Tax Askings - Debt Service City Property Tax Askings - Total City Tax Rate Total Assessed Valuation - Excluding TIF Total Taxable Valuation - Excluding TIF Tax Increment Valuation City Taxes Impact on Property Owners Residential Commercial Industrial Full-time Equivalent Budgeted Postions General Fund Other Funds Total Percentage of Property Tax Funding Public Safety Public Works Health & Social Services Culture & Recreation Community & Economic Development General Government Total Total Expenditures FYE25 83,557,640 47,198, 926 141,055,776 15, 992,120 287,804,462 44,036,575 0 9,101,925 53,138,500 22.08917 4,715,472,166 2,331,516,552 636,399,637 (5.06) (10.36) % (4.45) % 406.29 154.25 560.54 General Levies (Excluding Debt Service Levy) 53.50 8.94% 0.48% 16.22% 5.51% 15.35% 100.00% Total Certified Expenditures FYE24 77,705,887 43,605,490 115,494,864 14,678,350 251,484,591 38,560,778 624,268 7,571,433 46,366,082 19.73019 4,042,559,512 2,327,971,918 389,062,043 5.00 (16.73) % (11.12) 396.09 164.99 561.08 General Levies (Excluding Debt Service Levy) 52.84% 8.98% 0.47% 16.72 5.53% 15.46 100.00% Percentage Increase (Decrease) Amount Increase (Decrease) 7.53 % $ 5,851,753 8.24 % $ 3,593,436 22.13 % $ 25,560,912 8.95 % $ 1,313,770 14.44 % $ 36,319,871 14.20 % $ 5,475,797 (100.00) % $ (624,268) 20.21 % $ 1,530,492 14.61 % $ 6,772,418 11.96 16.65 0.15 63.57 2.58 % (6.51) (0.10) % $ 2.35898 $ 672,912,654 $ 3,544,634 $ 247,337,594 10.20 (10.74) (0.54) FYE25 Budget Facts 4/3/2024 3:07 PM Page 333 of 630 City of Waterloo FYE2025 General Fund/204 Proposed Budget Changes In Cost From FY24 Proposed Budget 4/15/2024 Property Taxes FYE2024 (Excl. Debt Svc) General Fund Personal Services increases (decreases): From Separate spreadsheet (GF Personnel) 0 0 0 % of Total Amount Change From Prior Year Tax Levy 39,185,046 23,166 1 cent on the levy raises this much 3,114,563 7.95% 0 0 0 0 Subtotal - Personnel Increases 0.00% 3,114,563 0.00% 0.01% Comparison to FYE24 4/3/2024 g3e��t14 of 630 City of Waterloo FYE2025 General Fund/204 Proposed Budget Changes In Cost From FY24 Proposed Budget 4/15/2024 Amount % of Total Change From Prior Year Tax Levy Contractual Services and Commodities Expense Changes: Cultural Arts -Decrease (53,700) -0.14% Print Shop (23,000) -0.06% Parking -decrease expenses (22,800) -0.06% Emergency Mgmt-Decrease expenses (21,365) -0.05% Grout -Decrease in Expenses (17,267) -0.04% Police - decrease other exp (14,500) -0.04% Fire Grant (3,000) -0.01% CDBG - Housing Rehab (3,000) -0.01% Mayor - Increase Dues/Memberships (1,068) 0.00% Council - reduce (1,000) 0.00% Self Funded Health Insurance 0 0.00% Chargebacks to other funds 0 0.00% 0 0.00% INRCOG 673 0.00% Leisure - concessions incr 1,500 0.00% Clerk Finance - Software, Postage 4,000 0.01% Leisure -projects 4,000 0.01% Library - Increase Grant Expenses 8,512 0.02% Leisure - Golf 8,727 0.02% Leisure Services - Parks - mowing 9,000 0.02% Building Inspections - decrease 9,386 0.02% Human Rights Grant - Increase Travel 10,000 0.03% Leisure -Young Arena 10,000 0.03% Fire - Increase dispatch 24,379 0.06% Leisure - birds 30,000 0.08% Garage - increase Expenses 32,850 0.08% Leisure - Sportsplex Increase Expenses 38,057 0.10% Fire - Ambulance - Increase Fuel 50,000 0.13% Convention Center - Increase Expenses 50,653 0.13% Police - Increase Dispatch 54,519 0.14% Garage -Motor Pool 109,560 0.28% Police - Increase Leases 130,000 0.33% Airport- Increase 137,097 0.35% Met 0 0.00% Hotel/Motel Increase 175,000 0.45% Sidewalk - Increase expenses 175,000 0.45% Self Funded Workers Compensation 190,000 0.48% Liability Insurance 253,692 0.65% Police - Increase Grant Expenses 634,665 1.62% Subtotal - Contractual Services and Commodities Increases Revenue (Increase)/Decrease: Airport - Increase ARPA Funding 1,990,570 5.08% 5,105,133 2.20376 Total all expense increases (8,244) -0.02% Comparison to FYE24 4/3/2024�� of 630 City of Waterloo FYE2025 General Fund/204 Proposed Budget Changes In Cost From FY24 Proposed Budget 4/15/2024 % of Total Amount Change From Prior Year Tax Levy Airport - Increase non grant (184,500) -0.47% Building Inspection - Increase Permits/Fees (2,745) -0.01% Clerk/Finance - Increases (228,450) -0.58% Cultural/Arts - decreased Revenue 61,700 0.16% Fire - Grant Funding Decrease 168,462 0.43% Fire Ambulance - Increases (453,863) -1.16% Fire- Decreased Revenue 12,400 0.03% Convention Center - Increase revenue (50,653) -0.13% Garage Motor Pool Increase (109,560) -0.28% Leisure - Parks Increase Revenue (2,745) -0.01% Leisure - Golf Increase revenue (5,727) -0.01% Leisure - Grant Revenue (4,000) -0.01% Leisure - Young Arena Increase revenue (10,000) -0.03% Leisure Sports - Increase Revenue (8,000) -0.02% Leisure - Sportsplex Increase Revenue (52,500) -0.13% Library Increase Revenue (3,000) -0.01% Library Increase Grant Revenue (2,000) -0.01% Planning - Decrease in Revenue 4,600 0.01% Police - Reduction in other revenue 58,000 0.15% Parking - Decrease revenue 65,000 0.17% Police ATE Rev Incr (100,000) -0.26% Police Grant Rev Incr (720,000) -1.84% Sidewalk Assessment (175,000) -0.45% Garage - reduction in revenue 28,200 0.07% Human Rights - decrease grant 5,000 0.01% Hotel Motel Increase (175,000) -0.45% Chargebacks to other departments (169,179) -0.43% Self Funded Insurance (93,600) -0.24% Change in Property Tax Replacement? 251,800 0.64% Change in Fund Balance Used 1,650,000 4.21% Subtotal - Revenue Net (Increases) Decreases (253,604) -0.65%-0.10947 Total all revenue changes Unemployment expense decrease 0 0.00% Increase use of Fund Balance (restricted for Health Insurance) 0 0.00% Increase use of Fund Balance (restricted for Workers Compensation) 0 0.00% Total Increases (Decreases) 4,851,529 12.38% Increase in DS Levy Decrease in Grout Taxes Decrease in Library Levy (0.00) 1,530,492 0 0 Total Additional Taxes 6,382,021 0 Comparison to FYE24 4/3/2024 g2e'��6 of 630 City of Waterloo FYE2025 General Fund Proposed Budget Changes In Cost From FY24 General Fund Personal Services increases (decreases): Longevity - all Payroll taxes Retirement payouts Fire Overtime Employee benefit payouts Dept Increases - Regular Mayor MIS Council Public Access Clerks/Finance Insurance Attorney Planning Economic Development Human Resources Police Fire/Ambulance Garage Building Inspections Facilities Maintenance Center for the Arts/Youth Pavilion Human Rights Airport Library Leisure -Parks Leisure -Downtown Leisure -Golf Leisure-Sportsplex Leisure -Sports Leisure -Young Arena Health insurance Retiree health insurance Reduce use of health insurance fund balance Police Pension Fire Pension Subtotal - Personnel Increases Amount 987 117,460 (962) 0 75,000 5,245 48,697 11,179 2,618 7,655 7,344 4,211 5,615 20,269 6,274 16,684 787,127 718,631 17,713 28,293 8,424 84,224 11,835 30,609 82,287 80,016 7,623 20,382 14,222 8,690 8,764 0 551,673 75,004 0 626,677 143,001 107,769 250,770 3,114,563 % of Total Change From Prior Year Tax Levy Proposed Presented Budget 04/15/2024 Includes avg 3.0% raises, step increases, longevity 2,863,793 3,114,563 Personnel increases excl. fire & police pension Total personnel increases Payroll comparison to FY24 4/3/2024 10:35 AM Page 337 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department AGENDA ITEM TITLE MEETING DATE April 15, 2024 2024-2026 Waste Water Treatment Plant and Lagoon Mowing/Spraying Contract. RECOMMENDED COUNCIL ACTION Approve award of Mowing Contract SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Sewer Funds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 2024 Contract Mowing Bid Documents 2. Bid Tabulation - FY24-26 Waste Water Treatment Plant & Lift Stations Mowing Contract Page 338 of 630 CITY OF WATERLOO Waste Management Services Department 2024-2026 WWTP & Lagoon Mowing/Spraying Waste Management Services Department is seeking bids for 2024-2026 WWTP & Lagoon Mowing/Spraying. BID REQUEST Sealed bids are due 1:00pm, Thursday, April 4, 2024, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waste Management Services Bid Form. Bids will be opened in the City Council Chambers in City Hall, Waterloo, Iowa on Thursday, April 4, 2024, at 1:00pm. Public hearing on the project will be conducted Monday April 15, 2024 at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waste Management Services Department 2024-2026 WWTP & Lagoon Mowing/Spraying All work to meet City of Waterloo codes. Questions, please contact Brad Manahl, Assistant Director, at Waste Management Services Department, 291-4553, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 339 of 630 CITY OF WATERLOO, IOWA Waste Management Services Department NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2024-2026 WWTP & Lagoon Mowing/Spraying RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Thursday, April 4, 2024, until 1:00pm., for the 2024-2026 WWTP & Lagoon Mowing/Spraying as described in the plans and specifications now on file in the City Clerk's office and Waste Management Services Department office. OPENING OF BIDS All proposals received for the 2024-2026 WWTP & Lagoon Mowing will be opened in City Council Chambers, second floor at City Hall, Waterloo, Iowa, on April 4, 2024, at 1:00 p.m., and the proposals will be referred to the Waste Management Services Department for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024-2026 WWTP & Lagoon Mowing/Spraying at 5:30 p.m. on Monday, April 15, 2024. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and Waste Management Services office, 3505 Easton Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary to mow the WWTP & Lagoon Mowing/Spraying in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be the 2024-2026 growing season (approximately April 15th to October 15th each year). PROPOSALS SUBMITTED All bids must be submitted on forms supplied by Waste Management Services Department. The bidder shall bid on a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. Page 340 of 630 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 a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Three Thousand Dollars ($3,000.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If 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 Waste Management Services has divided the mowing contract into three (3) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per -Option or a total basis, is most advantageous to the City and Waste Management Services Department, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waste Management Services 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 Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed the previous period. A detailed bill of completed work must be received by the Waste Management Services Department before payment can be made. Actual number of acres mowed must agree with numbers recorded by Waste Management Services Department. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2024 City of Waterloo, Iowa, Kelley Felchle, City Clerk Page 341 of 630 CITY OF WATERLOO, IOWA Waste Management Services Depaitiiient INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Page 342 of 630 Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the 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 or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by Waste Management Services Department. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. 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. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. 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 or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Page 343 of 630 B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of Waste Management Services 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. Waste Management Services 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 Waste Management Services 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 Waste Management Services Department that the Bidder is qualified to carry out properly the terms of the Contract. IX. CERTIFICATE OF INSURANCE Page 344 of 630 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 General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his 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 insurance 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 or Waste Management Services Department for a refund. X. SEVERABILITY Either party may choose to terminate this contract or agreement by providing written notice during the month of January. CITY OF WATERLOO, IOWA Waste Management Services Department GENERAL CONDITIONS Page 345 of 630 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. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or 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). 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 Waste Management Services 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 figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waste Management Services Department/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to Page 346 of 630 guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a 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 Waste Management Services Department. The Contractor shall avoid damage to existing trees, shrubs, turf, sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General 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. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and mowing equipment. This protection shall be formed by creating a one foot clear zone radius around all trees and shrubs. This clear zone may be created by chemical application of properly applied non -selective herbicide or by use of string trimmers. Herbicide application is permissible only after providing a copy of the applicators current State of Iowa Commercial Pesticide Applicators License and a copy of the chemical label proposed to be used to Waste Management Services Department Staff. If using a string trimmer care shall be taken not to damage trees with this tool. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or Page 347 of 630 storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager 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 at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) Aggregate, Products and Completed Operations Property Damage Comp. Auto Bodily Injury Property Damage $5,000,000.00 per person $5,000,000.00 $5,000,000.00 per accident $5,000,000.00 per person $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of $5,000,000.00 liability for bodily injury (including wrongful death) and property damage. 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/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT Page 348 of 630 SPECIFICATIONS for 2024-2026 WWTP & Lagoon Mowing/Spraying THREE YEAR CONTRACT The specifications listed below and the details of these bid documents shall be in place for three mowing seasons. The bidder shall honor their price for each bid item for the 2024, 2025, and 2026 mowing seasons. SCOPE OF WORK The Contractor shall provide all labor and material necessary to mow and weed control spraying from designated areas in accordance with these specifications. References in these specifications to Waste Management Services shall include the City of Waterloo. OPTION A: WASTEWATER TREATMENT PLANT (WWTP) The following WWTP area/area's to be mowed. The acreages listed are approximate only and shall be verified by bidder. The Wastewater Treatment Plant at 3505 Easton Ave., Waterloo, IA shall be mowed three times monthly or every ten (10) days from approximately April 16, 2024 to October 11, 2024 for a maximum of 16 mowing's. Approximately 45 acres shall be mowed not including buildings, tanks, roads, parking and structures. To be trimmed one (1) foot on each side of fence line to match the height and appearance of surrounding vegetation. Mow area/area's marked in Wastewater Treatment Plant Mowing Contract Drawing and on both sides of road on Easton Ave., mow at least three (3) feet on the outside of fenced area/area's where possible. There will also include two (2) weed control spraying around buildings, tanks, fencing, gravel area/area's, digester flare gravel area, electrical transformers and structures to help weed trimming and for control of weeds. The actual number of mowing's will be based on growing conditions and budget constraints determined by Waterloo Waste Management Services Department. OPTION B: LAGOON The following Lagoon area to be mowed. The acreages listed are approximate only and shall be verified by bidder. The Lagoon at 2749 Independence Ave., Waterloo, Ia shall be mowed on a bi-weekly basis from approximately April 16, 2024 to October 11, 2024 for a maximum of 12 mowing's. To be trimmed one (1) foot on each side of fence line to match the height and appearance of surrounding vegetation. Mow area/area's marked in Lift Station Mowing Contract Drawing or Photo's and mow at least three (3) feet on the outside of a fenced area. There will also include one (1) weed control spraying around buildings, tanks, fencing, gravel area's and structures to help weed trimming and for control of weeds. The actual number of mowing's will be based on growing conditions and budget constraints determined by Waterloo Waste Management Services Department. OPTION C: DIKE MOWINGS The following WWTP and Lagoon area which consist of only the Dike Sloped areas. The acreages listed are approximate only and shall be verified by bidder. The following area shall be mowed approximately May 13, 2024 to October 11, 2024 for a maximum of 4 mowing's. The actual number of mowing's will be based on growing conditions and budget constraints determined by Waterloo Waste Management Services Department. EQ DIKE AREA 3505 Easton Ave., Waterloo, IA Approx. 1.5 Acre Page 349 of 630 LAGOON SLOPE DIKE 2749 Independence Ave Approx. 2 Acre SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, tree branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to Waste Management Services Depaitiiient. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency of mowing. The listed schedules are for bid purposes only. Waste Management Services Department may add or delete mowing of areas based on growing conditions and budget considerations. GRASS CUTTING Grass shall be cut to an even height of four inches (3 1/2"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven cutting shall be promptly remedied by the Contractor to the satisfaction of the Waste Management Services Department with no additional cost to the Waterloo Waste Management Services Department. Grass clippings shall not be blown onto road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians clippings shall be bagged or mulched straight down. Ultimately clippings may not land and stay on any road surfaces. TRIMMING Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences, and other objects to match the height and appearance of the surrounding vegetation. Vegetation growing over curbs and into roadways and sidewalk edges shall be trimmed. This shall include trimming around any additional plant materials that may be installed as new landscaping. Use of herbicides to reduce trimming requirements will be allowed with prior authorization from the Waste Management Services Department and applied by qualified state approved person with commercial applicator license. Copy of applicators current license must be provided to the Waste Management Services Department before any such application be completed. 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 Waste Management Services Department. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the City Forester with no additional cost to Waste Management Services Department. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of Waste Management Services Department with no additional cost to Waste Management Services Department. 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 Page 350 of 630 Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment required for this contract: Line trimmers Walk -behind mowers Commercial rotary front mowers (60"-72" deck) Bagging/ mulching mowers Utility tractors with heavy-duty mowers Four wheel drive mower Hedge trimmers Equipment listed on the Bid Form will be reviewed by Waste Management Services Department to determine whether it is adequate for this mowing contract. NON -COLLUSION AFFIDAVIT OF PRIME BIDDER Page 351 of 630 State of ) ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Sub-scrthecli cuvwl/ worry to -be foie/ w'tliiiik day of , 2024. Si, attAre/ Tiler My e44)&reik NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR Page 352 of 630 State of ) County of , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2024-2026 WWTP 7 LAGOON MOWING/SPRAYING CONTRACT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S wb-s-cr)-e c / c -rtdi kw rvv to- lreeo-rep wm e/ tom% clay of , 2024. Su noutwreJ Titte/ My eire,s/ EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) Page 353 of 630 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 Page 354 of 630 purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in 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 STATEMENT OF BIDDER'S QUALIFICATIONS Page 355 of 630 (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 STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2 day of , 20 Name of Bidder Page 356 of 630 By: Title: 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 STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 BID BOND Page 357 of 630 KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollar s ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20, for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 Witness Principal By Surety (Seal) (Title) (Seal) By Witness Attorney -In -Fact CITY OF WATERLOO, IOWA Page 358 of 630 BIDDER: WASTE MANAGEMENT SERVICES DEPARTMENT BID FORM for 2024-2026 WWTP & LAGOON MOWING/SPRAYING ADDRESS: COMPANY NAME PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , 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, Waterloo, Iowa, and Waste Management Services Department, 3505 Easton Ave., 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 2024 WWTP & LAGOON MOWING/SPRAYING, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: provide all specified mowing & trimming services for three mowing monthly or every ten day mowing & two (2) weed control spraying services per contract: For Wastewater Treatment Plant at 3505 Easton Ave., Waterloo, IA Price Per Occurrence Mowing: dollars ($ Price Per Occurrence Weed Control Spraying: dollars ($ OPTION B: provide all specified mowing & trimming services for bi-weekly mowing & two (2) weed control spraying service per contract: For Lagoon at 2749 Independence Ave., Waterloo, IA Price Per Occurrence Mowing: dollars ($ Price Per Occurrence Weed Control Spraying: dollars ($ Page 359 of 630 OPTION C: provide all specified dike/slope mowing for WWTP EQ Basin Dike and Lagoon Dike Four (4) times/year: LS-325 2749 Independence Ave LAGOON DIKE ONLY Wastewater Treatment Plant at 3505 Easton Ave., Waterloo, IA EQ DIKE ONLY Price Per Occurrence Mowing: dollars ($ 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required 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. Attached is a Non -Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre -bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non -collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. Page 360 of 630 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Bidder shall list all equipment available for this project: 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / / Name and Title Page 361 of 630 FY24-26 Waste Water Treatment Plant & Lift Stations Mowing Contract Bid Opening April 4, 2024 Bid Tabulation Estimate: $28,500.00 Bidder Bid Security Bid Amount Per/Time Mowing / Weed Control Adams Outdoor Contracting, Inc. Waterloo, IA 5% Option A: (16/2) $897.99/$2,497.99 Option B: (12/2) $197.99/$1,200.00 Option C: (4) $2,827.50 Wilson Custom Tree Cresco, IA 5% Option A: (16/2) $1,375.00/$2,475.00 Option B: (12/2) $340.00/$450.00 Option C: (4) $1,675.00 Page 362 of 630 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 April 15, 2024 AGENDA ITEM TITLE 2024-2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract for city -owned lots generally maintained by the Planning and Zoning Department. 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 and other means. A majority of the properties have been demolished and are vacant lots, but some still have homes or other structures on them. Lots owned by the City of Waterloo must be maintained, including mowing. This bid will select a mowing contractor for the lots for the 2024 and 2025 mowing seasons. There are approximately 245 lots, 13 of which are over an acre. NEIGHBORHOOD IMPACT The request will have a positive impact on neighborhoods by ensuring City owned lots are properly mowed and do not become a nuisance to neighborhoods. DATA, ANALYSIS, AND STRATEGIES Property Maintenance IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuisance abatement ALTERNATIVE ACTION LEGAL DESCRIPTION Page 363 of 630 ATTACHMENTS 1. 2024 and 2025 Planning and Zoning Mowing RFB 2. Exhibit A Master Mowing List Updated 03-01-24 3. Exhibit B MowingListMap-3-5-24 4. Bid Tab- 2022 Mowing Contract City Owned Lots Page 364 of 630 CITY OF WATERLOO, IOWA Planning and Zoning Department Notice of Public Hearing on the Proposed Specifications and the Notice to Public Bidders For the 2024 and 2025 Residential Lots /Miscellaneous Areas Mowing and Lot Maintenance Services Contract. General Description The City of Waterloo Planning and Zoning Department is soliciting bids for mowing of city owned lots and miscellaneous areas. The City of Waterloo Planning and Zoning Department has approximately 245 properties to be mowed and maintained (see attached Exhibit "A" for the list of properties and attached Exhibit "B" for a map of the properties). The City's intent for these properties are for rehabilitation or demolition to remove blighted properties from neighborhoods and provide infill lots for new homes, or to sell to an adjacent homeowner. Most lots are vacant, although some still have a structure or structures that must be mowed around. The attached Exhibit "A" indicates what lots are vacant. SCOPE OF WORK The Contractor shall provide all labor and equipment necessary for mowing, trimming and removal and disposal of various debris. Assigned areas shall be mowed on an as needed basis while maintaining a mowing height not to exceed four inches (4") in height. Prior to each mowing, the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Depailinent (except larger illegal dumping items noted below). Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations which may include adding soil and seeding damaged areas as needed. Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the project manager will you be required to edge vegetation growing over curb and sidewalk. A good -faith attempt will need to be made to keep all voluntary vegetation to a minimum in and around any buildings, fences, along alleyways, sidewalks and other rights -of -way and particularly in areas where there are blind spots being created. Occasionally, illegal dumping occurs on city owned lots in which case the City will be in charge of removing larger items such as stoves, mattresses, tires, furniture etc. The contractor will submit either by letter, fax or email to the project manager the location and a detailed list of the items needing to be picked up. The bidder shall bid a per unit price (per lot/per occurrence price) for lots under one (1) acre and an hourly rate for lots one (1) acre or more, for all city owned lots under the control of the Planning and Zoning Depailinent. All bidders should know that the list of properties fluctuates as the city is continually acquiring and selling properties. The contract will be for a two year period, covering the 2024 and 2025 mowing season. RECEIVING OF BIDS All bids must be received in a sealed mailing container or envelope and be plainly marked on the outside with the notation `SEALED RFB FOR 2024 AND 2025 RESIDENTIAL LOTS/MISCELLANEIOUS AREAS MOWING AND LOT MAINTENANCE SERVICES CONTRACT — in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday April 4, 2024 at 1:00 p.m. (our clock), Central Time, in order to be considered for the 2024 and 2025 mowing season. Bids sent electronically or via facsimile will not be accepted. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers in City Hall of said City, on the 4th day of April, 2024 at 1:00 p.m. The bid opening will be livestreamed on YouTube and made available on the city website. Bids will be evaluated promptly after opening. The awarding of the contract is expected to be at the City Council meeting on Monday April 15, 2024. PUBLIC HEARING The Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services contract at the City Council Meeting, Monday April 15, 2024 at 5:30 p.m. Page 365 of 630 The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, and in the Planning and Zoning Department, second floor in Waterloo 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. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposals may be withdrawn any time prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately May 1, 2024 to October 31, 2025. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department with the exception that the required list of adequate equipment available for the proposed project may be submitted as a separate attachment and the bid bond can be supplied by the bidding company's insurance provider. The bidder shall bid a per unit price (per lot/per occurrence price) for all city owned lots and miscellaneous areas that are under 1 acre, and per hour price per occurrence for all city owned lots and miscellaneous areas that are over 1 acre. 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 mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as 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 this RFB and is most advantageous to the City, and the Planning and Zoning Department, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. They city may award the contract at the time of bid hearing, however, the City and the Planning and Zoning Department may need time to review the contract bids and bidder information, in which case the award would be made within sixty (60) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Twenty Thousand Dollars ($20,000.00). The Bond is to be issued by a responsible surety approved by the City Clerk's office and City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of times each lot is mowed (and hours spent mowing for lots over 1 acre), keeping in mind that this is an as needed basis contract and that the residential lots/miscellaneous areas need only be maintained (mowed) at a height of (4") or less and shall not be mowed unless the average grass on a site exceeds 6". Lots shall not be mowed more than once per week regardless. A detailed bill of completed work must be received and approved by the Planning and Zoning Department (project manager) 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 and the date each property was mowed each month Page 366 of 630 CITY OF WATERLOO, IOWA Planning and Zoning Department INSTRUCTION TO BIDDERS I. EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Bids must be requested in writing via email or letter, 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 Bids and will be furnished to all prospective bidders. All prospective bidders will receive mail or 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. II. 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 its 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. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Bids and Notice to Bidders after the exact time set for closing of bids_(Thursday, April 4, 2024, 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. IV. PUBLIC HEARING The Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract at the City Council Meeting, Monday April 15, 2024 at 5:30 p.m. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance Officer is Rudy D. Jones, Director of Community Development, located at: 620 Mulberry Street Suite 202, Waterloo, Iowa 50703, (319) 291-4429 Page 367 of 630 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. 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. IX. EXECUTION OF AGREEMENT, BOND, 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. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum of $20,000, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by it in performing the work. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional 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. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds and certificate(s) of insurance 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 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, or Planning and Zoning Department for a refund. Page 368 of 630 CITY OF WATERLOO, IOWA Planning and Zoning Department GENERAL CONDITIONS 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. Owner or Local Public Agency (LPA) - means the Planning and Zoning Department of the City of Waterloo. Project Manager — Aric Schroeder, City Planner for the City of Waterloo, or designee. Phone: (319) 291-4366. 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), Request for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications (and Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department, who shall generally be 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. 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. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor 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. 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 under this contract 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. Page 369 of 630 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 within or 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. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall at all times during the term of the contract 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 and bonds 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 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 Page 370 of 630 CITY OF WATERLOO, IOWA Planning and Zoning Department Bid Specifications for 2024 and 2025 Residential Lots Mowing/Miscellaneous Areas Mowing and Lot Maintenance Services Contract (May 1, 2024-October 31, 2025) SCOPE OF WORK The Contractor shall provide all labor and equipment necessary for mowing, trimming and removal and disposal of various debris. Assigned areas shall be mowed on an as needed basis when the average height of grass on a site exceeds (6"), while maintaining a mowing height not to exceed four (4") in height. Prior to each mowing, the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Department. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations which may include adding soil and seeding damaged areas as needed. Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the project manager will you be required to edge vegetation growing over curb and sidewalk. A good -faith attempt will need to be made to keep all voluntary vegetation to a minimum in and around the any buildings, fences, along alleyways, sidewalks and other rights -of -way and particularly in areas where there are blind spots being created. Occasionally, illegal dumping occurs on city owned lots in which case the City will be in charge of removing larger items such as stoves, mattresses, tires, furniture etc. The contractor will submit either by letter, fax or email to the project manager the location and a detailed list of the items needing to be picked up. 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 Planning and Zoning Department. At no time shall any mowing equipment come in contact with any privately owned tree or shrub during mowing. 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 Planning and Zoning Department. 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 Planning and Zoning Department. 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. SCHEDULING OF WORK The Planning and Zoning Department may add or delete mowing of areas based on growing conditions, budget constraints or some lots may be sold or acquired throughout the year. The Planning Department will provide the Contractor with notification of any changes to the list of lots covered under the Contract. 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 mowing contract. A portfolio of existing or past contracts with letters of recommendations would be helpful in verifying the bidder's qualifications. Types of mowing equipment required for this contract: Line trimmers Walk -behind mowers Utility tractors with heavy-duty mowers Page 371 of 630 Types of other equipment required for this contract in addition to equipment listed above: Pull behind trailer or usable truck bed Tarps or enclosed trailer for hauling brush when required Hedge trimmers Note: City ordinance requires all loads being transported must be completely covered. The City is not responsible for paying any fines you may be issued. For larger parcels that are overgrown, contractor shall have access to a brush hog type of mower so that contractor can meet the city's timeframe requirements. Excess amounts of cut grass and vegetation will need removed and not left on parcels or blown onto the sidewalk or into the street right-of-way. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 372 of 630 CITY OF WATERLOO, IOWA Planning and Zoning Department 2024 and 2025 Residential Lots /Miscellaneous Areas Mowing and Lot Maintenance Services Contract REQUEST FOR BIDS The City of Waterloo Planning and Zoning Department is soliciting bids to provide equipment and labor for mowing and lot maintenance of City of Waterloo properties (the "Services") on an as -needed basis. All bids shall include a completed price quote. Conditions governing the Services are contained in the proposed form of Contract, attached to this RFB and by this reference incorporated herein. A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, April 4, 2024 at 1:00 p.m., Central Time (our clock) in order to be considered. The City Clerk's office is located at 715 Mulberry St., Waterloo, Iowa 50703. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation "SEALED RFB FOR 2024 AND 2025 RESIDENTIAL LOTS/MISCELLANEOUS AREAS MOWING AND LOT MAINTENANCE SERVICES CONTRACT," and the name of the company submitting the proposal. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late proposals will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. All proposals received by the bid deadline will be opened in the Harold E. Getty Council Chambers in City Hall, at 1:00 p.m., and the proposals will be acted upon at such later time and place by the City Council. The bid opening will be livestreamed on YouTube and made available on the city website. The main purpose of this opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the award of bids. The City of Waterloo will conduct a public hearing on the proposed specifications and form of contract for the 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract at the City Council Meeting, Monday April 15, 2024 at 5:30 p.m. The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, and in the Planning and Zoning Department, second floor in Waterloo 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. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn any time prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. B. SCOPE OF SERVICES Services to be performed by the successful respondent (the "Contractor") for the City will be those described in the form of Contract attached hereto and these Specifications, which generally include but are not limited to mowing properties on an as -needed basis. C. REQUIRED INFORMATION: 1. All bids must be submitted on the included bid form, and include the noted required information. Page 373 of 630 2. Important Exceptions to Contract Documents — The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the proposals. Companies are cautioned that exceptions taken to this RFB may cause their proposal to be rejected. 3. Incomplete Information — Failure to complete or provide any of the information requested in this RFB may result in disqualification by reason of non -responsiveness. D. AWARD OF CONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein. The City will evaluate proposals in light of all factors it considers relevant, including but not limited to price, prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFB. 2. The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an "all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 4. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto. 7. In the event a contract is terminated between both parties for any reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street, Waterloo, Iowa on Thursday, April 4, 2024. E. MISCELLANEOUS 1. Questions regarding miscellaneous items will be directed to Aric Schroeder in the Planning and Zoning Department, 319.291.4366, Monday through Friday from 8:00 a.m. to 5:00 p.m. 2. This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 374 of 630 F. GENERAL TERMS AND CONDITIONS OF PROPOSAL 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. 4. 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. 5. 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. 6. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, employees and agents, from and against any and all claims and damages of every kind and nature 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. 7. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the contract regardless of the exchange rate. All proposal responses must be submitted in English. 8. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 60 days after acceptance and on receipt of an original invoice. 9. 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. 10. 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. 11. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 375 of 630 Page 376 of 630 CITY OF WATERLOO, IOWA Community Planning and Development Department 2024 and 2025 Residential Lots Mowing/Miscellaneous Areas Mowing and Lot Maintenance Services Contract BID FORM BIDDER: ADDRESS: COMPANY 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 MOWINGS, 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 mowing and lot maintenance services for city owned lots under 1 acre for approximately 232 Properties. dollars ($ ) Written Price Per Lot/Occurrence: Bid Price: Price per Hour per occurrence for mowing and lot maintenance services for city owned lots 1 acre or more for approximately 13 Properties. dollars ($ Written Price Per Hour/Occurrence: 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 sixty (60) days after Bid Opening, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non -Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. Page 377 of 630 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre -bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non -collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. 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 below or as a separate attachment: 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The owner (City of Waterloo) 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 378 of 630 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of County of , being first duly sworn, deposes and says that: 1. He/She is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Stths-c4 dyed/ cuvi& -worn/ to- lWefo-re/ ww/thiik day of , 2024. S u -vouti re/ Titte/ My e/s- Page 379 of 630 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) , being first duly sworn, deposes and says that: 1. He/She is (Owner), (Partner), (Officer), (Representative), or (Agent) of , hereinafter referred to as the "Subcontractor"; 2. He/She is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2024 and 2025 Residential/Miscellaneous Areas mowing and Lot Maintenance Services in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Stcbs r bed aru' jvorry to- befor& m thr;J- day of , 2024. Stare, r Page 380 of 630 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 Page 381 of 630 the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in 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 382 of 630 DRAFT CONTRACT CITY OF WATERLOO, IOWA 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract CONTRACT PROVISIONS This Contract for mowing (the "Contract") is made and entered into effective May 1, 2024 and ending October 31, 2025, by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor"). 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. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Bids c. Notice of Public Hearing d. Instruction to Bidders e. Signed copy of Bid Form f. Non -Collusion Affidavit of Prime Bidder g. Non -Collusion Affidavit of Sub -Contractor h. Equal Opportunity i. General Conditions j. Bid Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall govern. 3. The Contractor agrees to be ready 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 sections 7-1-2B(1). Contractor will not be permitted to transfer grass onto or across any city street or alley. In the event grass is transferred into any street or alley it shall be removed by the Contractor. b. Contractor will abide by ordinance sections 7-1-2F Contractors will not be permitted to blow weeds/grass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor. c. Contractors shall bag all weeds/grass taller than 12" in residential areas and dispose of the rubbish properly. Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa. d. Contractors are not to mow or trim any flowers or gardens unless specified by the Planning and Zoning Department. e. Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of alleys. f. 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 or owner of the property. Page 383 of 630 g. Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Project Manager. h. Properties found in compliance upon arrival of the contractor, will not result in additional charges to the City of Waterloo from the Contractor. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 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 execution of work, if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. 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 satisfactorily 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. Page 384 of 630 12. Because time is of great importance when completing mowing work, 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 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. 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 on Exhibit "A" (Bid Form) attached hereto. IN WITNESS WHEREOF, the parties have executed this Contract for Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Quentin Hart - Mayor Name of Company Kelly Felchle -City Clerk By: Title: Page 385 of 630 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note Between 1305 & 1311 W 2nd St 2,115 y 891326307003 formerly 1309 W 2nd St NW of 434 Bayard St 3,585 59,959 3,276 y 891326357005 formerly 430 Bayard St NW of 714 La Porte Rd n 891336253035 891326129029 891326129028 891326129034 891326129026 891326128015 Former voleball courts of bowling alley. Over 1 acre. West of 133 University Av y Formerly 135 University Av. West of 133 University Av 3,276 y Formerly 137 University Av. East of 157 University Av 4,651 y East of 157 University Av 6,552 y Consider combining these four parcels. West of 226 Leland Av 6,505 y someone is parking on it...they should mow, or stop parking on it. Formerly 232 Leland Av Between 704 & 710 W 1st St 4,231 y 891326177011 formerly 706 W 1st St East of 139 Dawson St 3,899 y 891314486006 formerly 121 Cutler St, south of corner lot South side of Dawson St at Lincoln St 1,134 y 891314485010 891322155008 891322155018 891314483009 East of 516 Upton Av 4,862 n East of 516 Upton Av 2,616 n Consider combining both parcels. North of 1003 Logan Av 6,450 y formerly 1007 Logan Av North of 130 St Albans St 6,017 y 891323284001 formerly 201 Lincoln St West of 318 Center St 6,850 y 891323229014 formerly 326 Center St SE Cor. of Conger St & Broadway St 6,370 y 891323204001 Note there is a traffic box on part of this lot, so we could not sell the entire lot East of 122 W Parker St 5,000 y 891314433013 formerly 116 W Parker St East of 424 Dawson St 4,166 y 891314458011 formerly 420 Dawson St East of 851 Dawson St 6,552 y 891314358004 formerly 847 Dawson St South of 1015 Lincoln St 6,450 y 891314476008 formerly 1013 Lincoln St South of 725 Fairview Av 7,646 y 891323127013 formerly 717 Fairview Av East of 514 Bratnober St 2,080 y 891323207007 Formerly 508 Bratnober St. Demoed summer 2021. NE of 627 W 2nd St 4,995 y 891326253011 formerly 623 W 2nd St West of 651 Kern St 9,780 y 891314381031 Formerly 663 Kern St. Demoed fall 2021. North of 3127 Logan Av 26,227 n 891302476048 East of 3338 W Airline Hwy 7,480 , n 891305476015 Lot 2 of Wesport Addition. NE Cor. of Ansborough Av & Upton Av 30,213 n 891322153032 West of 917 Hartman Av 5,616 n 891328229001 North of 1021 Chalmers Av 6,777 257,411 73,822 14,001 n 891328229021 700 Blk of University Av West of US Hwy 63 n 891327226002 Former Weissman Iron & Metals. Over 1 acre. Lafayette St between Colorado St and Indiana St y 891230328011 Formerly 2265 Lafayette St, Lafayette School. Over 1 acre. West of 1330 Dearborn Av & 1127 Calhoun St n 891229306012 SW Cor. of Courtland St & Elm St 3,910 y 891325207006 formerly 326 Courtland St Between 806 Gilbert St & 1310 Cottage Grove Av 7,616 n 891229303009 West of 1919 Lafayette St 3,672 y 891230157007 formerly 1915-1917 Lafayette St. Under development agreement, soon to be conveyed. East of 1903 Lafayette ST 4,466 y 891230157008 Under development agreement, soon to be conveyed. SE of 1202 Sycamore St 5,734 y 891325181003 formerly 1218 Sycamore St SW of 1202 Sycamore St 5,475 y 891325181007 formerly 118 E 10th St SE of 1202 Sycamore St 4,778 y 891325181002 SE of 1202 Sycamore St 12,184 y 891325181004 North of 515 Independence Av 6,447 n 891324479019 formerly 519 Independence Av, alley access only Between 319 & 327 Glenwood St 3,992 y 891324454007 Between 222 & 232 Gable St 6,998 y 891313379004 formerly 230 Gable St Page 386 of 630 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note Between 314 & 328 E 1st St 8,968 y 891323478017 formerly 320 E 1st St NE of 117 E 9th St 2,520 y 891325176017 formerly 121 E 9th St NE of 117 E 9th St 4,682 y 891325176016 corner of E 9th St and Sycamore St NE of 117E 9th St 7,202 y 891325176005 NE of 117E 9th St 6,246 y 891325176004 Behind 117 E 9th St 7,454 y 891325176012 formerly 116-118 E 8th St West of 1335 Mulberry St 6,292 y 891325251007 formerly 1331 Mulberry St SW Cor. of Franklin St & Linden Av 6,826 y 891325278006 formerly 1828 Franklin St North of 506 Elm St 5,428 y 891325212016 formerly 510 Elm St South of 326 Fowler St 3,758 y 891325211007 formerly 515 Elm St Between 868 & 876 Fowler St 3,136 y 891230106013 891325211001 891325211002 891325212002 SE Cor. of Fowler St & Lane St 2,106 y formerly 302 Fowler St East of SE Cor. of Fowler St & Lane St 2,106 y formerly 304 Fowler St. Consider combining these two parcels East of 402 Fowler St 2,613 y Formerly 404 Fowler St. South of 608 Vinton St 3,501 y 891325227017 formerly 602 Vinton St West of 606 Independence Av 7,006 y 891325227001 This parcel acquired in 1988 by CLD 597197, presumably for intersection imp. Should Planning mow? SW Cor. of N Barclay St & Salisbury St 3,626 y 891324184009 This parcel acquired in 1972 by DEED 501897, presumably for road. Should Planning mow? North of 724 Vinton St 6,601 y 891324480002 formerly 728 Vinton St South of 733 Vinton St 4,389 y 891324479008 formerly 731 Vinton St North of 724 Vinton St 7,679 y 891324480001 formerly 734 Vinton St South of 749 Vinton St 6,583 y 891324479005 formerly 745 Vinton St North of 439 Cherry St 3,920 y 891324458009 formerly 449-447 Cherry St West of 718 Glenwood St 860 y 891324482001 small triangular lot west of parcel 891324482002 North of 508 Mobile St 8,200 y 891324477001 891323434003 891323434002 11 formerly 520 Mobile St, at dead end of Mobile Across from 81 Lafayette St 2,825 y Across from 81 Lafayette St 2,825 y Consider combining these 2 parcels. North of 221 Ash St 8,456 y 891324429005 South of 239 Ash St 8,458 y 891324429004 formerly 233 Ash St NE Cor. of Mulberry St & Oak Av 3,916 y 891323428020 Portion needed for right-of-way North of 1015 Mobile St 4,773 n 891324260010 formerly 1017 Mobile St North of 235 Jackson St 5,463 y 891324257010 formerly 239 Jackson St Between 155 & 167 Harrison St 7,044 y 891323288003 891323288005 891323288006 891323288007 891324183008 891323285009 891323285010 'Consider 891219205007 East of 155 Harrison St 7,044 y East of 155 Harrison St 9,391 y West of 137 Harrison St 4,696 y Consider combining these three parcels South of the SW Cor. Of N Barclay St & Oneida St 4,669 y formerly 213 N Barclay St 400 Blk Logan Av South of 105 Lincoln St 4,020 y 400 Blk Logan Av South of 105 Lincoln St 7,059 y combining both parcels. Formerly 421 Logan Av South of 2306 City View St 7,357 n East of 122 Sumner St 4,717 y 891324179005 Used as parking lot, look at selling. Formerly 132 Sumner St 100 Blk Sumner St West of 211 Linn St 8,472 y 891324176010 formerly 121 Sumner St West of 410 Adams St 8,794 y 891324134009 formerly 402 Adams St East of 418 Adams St 8,819 y 891324134013 formerly 426 Adams St West of 519 Adams St 3,519 y 891324207008 formerly 509 Adams St Page 387 of 630 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note NW Cor. of Adams St & E 4th St 17,049 y 891324107006 South of 120 Peek St 5,630 y 891324208016 formerly 116 Peek St North of 806 Logan Av 7,480 y 891324101009 formerly 812 Logan Av West of 123 Conger St 7,509 y 891323228002 formerly 125 Conger St South of 328 Ricker St 5,219 y 891313383009 formerly 821 Manson St West of 437 Ricker St 7,115 y 891313381010 East of 119 Ricker St 5,343 y 891313356010 formerly 129 Ricker St NE Cor. of Ricker St & Hwy 63 4,888 y 891313354020 North of 1809 E 4th St 7,755 y 891313356007 East of 307 Gable St 7,347 y 891313377012 formerly 315 Gable St 300 Blk Gable St West of 1009 Manson St 7,344 y 891313377010 East of 306 Charles St 7,340 y 891313331003 formerly 312 Charles St West of 220 Independence Av 8,339 y 891325202003 West of 824 Fowler St 8,424 y 891230106005 formerly 820 Fowler St East of 307 Adams St 3,410 y 891324132026 300 Blk Adams St East of 307 Adams St 8,579 y 891324132025 West of 327 Adams St 8,581 y 891324132024 consider combining these three parcels West of 117 Smith St 2,522 y 891324458021 formerly 115 Smith St East of 518 Cottage St 6,709 y 891324251005 formerly 520 Cottage St East of 620 Fowler St 7,006 y 891325234005 formerly 622 Fowler St North of 902 Logan Av 9,167 y 891313357007 902 Logan Av 14,208 y 891313357008 Dunsmore house. Consider combining these two parcels East of 126 Dearborn Av 8,541 y 891230305006 formerly 134 Dearborn Av 700 Blk Willow St East of 522 Beech St 13,858 y 891324427002 formerly 710 Willow St East of 217 Independence Av 3,252 y 891324457014 formerly 223 Independence Av South of 415 State St 8,380 y 891230151008 formerly 409 State St 200 Blk Courtland St South of 206 Irving St 2,261 y 891325202010 formerly 211 Courtland St NE Cor. of Courtland St & Irving St 3,944 y 891325202011 Consider combining these two parcels North of 1804 E 4th St 4,211 y 891313379013 Formerly 1808 E 4th St 1804 E 4th St 5,760 y 891313379012 Consider combining these two parcels. Home demolished in 2023. 700 Blk Vinton St North of 711 Vinton St 6,583 y 891324479011 formerly 717 Vinton St 700 Blk Vinton St North of 711 Vinton St 6,583 y 891324479010 Consider combining these two parcels 200 Blk of Hopkins Ct SE of 208 Salisbury St 4,495 n 891324184016 Formerly 220 Hopkins Ct. Demoed fall 2021. East of 3116 Franklin St 9,015 n 891229276008 formerly 3126 Franklin St West of 918 Newell St 52,380 n 891324203003 Formerly 820 Newell St. Over 1 acre. 1027 Sycamore St 2,389 y 891325137011 Building demolished in 2021 NW of 1027 Sycamore St 2,090 y 891325137012 formerly 1025 Sycamore St NE of 1027 Sycamore St 4,479 y 891325137010 1000 Blk of Sycamore SE of 204 E 8th St 8,958 y 891325137013 consider combining these 4 parcels East of 215 Sumner St 5,658 y 891324177016 formerly 219 Sumner St West of 225 Sumner St 5,656 y 891324177015 Formerly 223 Sumner St. Consider combining these two parcels. North of 415 Lane St 7,149 y 891324457010 formerly 419 Lane St 00 Blk of Lane St, across street from 82 Lane St 4,120 y 891325251003 NE of 410 Thompson Av 4,225 y 891323431012 formerly 414 Thompson Av Page 388 of 630 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note South of 326 Oak Av 1,754 y 891323430018 formerly 310 Oak Av SW of 406 E 10th St 2,626 y 891325209011 formerly 1201 Mulberry St South of 41 John St 6,233 n 891313351036 formerly 27 John St South of 414 Logan Av 7,971 y 891324156007 formerly 408-410 Logan Av South of 114 Warneka St 11,096 y 891313459019 formerly 915 Newell St NE of 409 E 8th St 9,519 y 891325127007 formerly 411 E 8th St SE of 906 Franklin St 2,785 y 891325127002 East of 124 Center St 31,007 y 891323231002 Formerly 120 Center St. Demoed fall of 2021. 100 Blk of Sumner St West of 211 Linn St 8,400 y 891324176011 891229358002 891229358003 891229358021 891229358001 891229226026 I 891229226025 891229226024 891313307009 Formerly 115 Sumner St. Demoed summer 2021. 1000 Blk of Fulton St across from 1013 Fulton St 10,400 n Formerly 1004 Fulton Av. Demoed fall 2021. 1000 Blk of Fulton St across from 1013 Fulton St 5,200 n 1000 Blk of Fulton St across from 1013 Fulton St 3,180 n 1000 Blk of Fulton St across from 1013 Fulton St 5,070 n consider combining these four parcels South of 171 Rebecca Ln 11,548 n Formerly 179 Rebecca Ln. Demoed fall 2021. South of 171 Rebbecca Ln 12,067 147,668 82,291 n East of 171 Rebbecca Ln n Consider combining these three parcels. Over 1 acre. 111.1.111111101111WRWIPIIIMPryard only. Under 1 acre. h . Mow front yard only. Under 1 acre. 123 E Parker St y 2127 E 4th St 126,154 y 891313307026 1526 E 4th St 7,263 y 891324129013 Formerly 1526 E 4th. Demoed 2022. 1527 E 4th St 4,271 y 891324105007 Formerly 1527 E 4th. Demoed 2022. 100 Blk of Shilliam Av across from 209 Jackson St 5,164 y 891324405003 Formerly 118 Shilliam Av. Demoed fall 2021. West of 218 Cottage St 8,441 y 891324176002 891324476004 891324476003 I 891324476009 Formerly 214 Cottage St. Demoed fall 2021. 900 Blk of Linden Av North of 751 Glenwood St 6,046 y Formerly 915 Linden St. Demoed fall 2021. 900 Blk of Linden Av North of 751 Glenwood St 6,047 y Consider combining these two parcels West of 729 Glenwood St 6,300 y Formerly 725 Glenwood St. Demoed fall 2021. West of 150 Harrison St 4,346 y 891323285027 891230308009 891230308008 IConsider 891324410001 Formerly 154 Harrison St. Demoed fall 2021. West of 246 Hogle St 5,473 y Formerly 242 Hogle St. Demoed fall 2021. West of 246 Hogle St 5,501 y combining these two parcels SE Cor. of Merriman St & Halstead St 3,564 y Formerly 200 Merriman St. Demoed fall 2021 105 E 11th St 26,880 y 891325181005 r lumber On demo list. Parcel used by bridge contractor. Removed from list for now. yard. 307 Sumner St 4,722 y 891324178017 Formerly 307 Sumner St. Demoed 2022 335 Sumner St 5,072 y 891324178010 Formerly 335 Sumner St. Demoed 2022 East of 402 Courtland St 10,200 y 891325208002 Formerly 408 Courtland St. Demoed 2022. 70 Sycamore St 39,636 y 891323476001 Former Crystal Ice building. 90 Sycamore St 15,228 y 891323476002 Former Crystal Ice building. 516 Pine St 3,810 y 891324310002 Soon to be sold to developer to be rehabed. 521 Pine St 4,601 y 891324307010 Soon to be sold to developer to be rehabed. West of 508 Adams St 8,743 y 891324210001 East of 427 Rath St 4,056 y 891230303007 East of 2012 Lafayette St 7,554 94,009 10,272 y 891230304006 1515 Sycamore St y 891325259002 Former Rath Administration building. Over 1 acre. East Cor. of Sycamore St & E 10th St y 891325180014 NW of 1217 Sycamore St 6,688 y 891325180013 formerly 1211 Sycamore St Between 508 & 526 Locust 1,927 y 891326331006 formerly 520 Locust St Page 389 of 630 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note Between 1128 & 1206 Washington St. 9,380 y 891325307007 Adj. to 622 W 9th St 2,774 y 891326432012 formerly 626-628 W 9th St West of 1129 South St 7,323 y 891325307024 East of 1023 South St 3,566 y 891326433006 formerly 1029 South St NW of 1316 Washington St 3,167 y 891325354049 City acquired from State CLD 623 Pg 63. Is planning responsible to mow? NE of 622 W 9th St 2,854 y 891326432010 East of 1421 Hawthorne Av 5,415 y 891336105018 formerly 1423 Hawthorne Av West of 1133 Bertch Av 6,362 y 891335226017 Formerly 1131 Bertch Av. This property should be a high priority to sell SE of 1018 Wellington St 8,423 y 891326476006 891325153003 891325153002 891325307032 891325307033 891325307003 formerly 1020 Wellington St SE of 915 Commercial St 6,784 y formerly 919-925 Commercial St (Castle Apartments) 100 Blk W 8th St SE of 915 Commercial St 3,618 n Consider combining these two parcels SE of 1218 Washington St 6,853 y NW Cor. of W 11th St & South St 10,832 y Consider combining these two parcels NW of 1124 Washington St 8,447 y formerly 1120 Washington St NE of 620 W 7th St 2,421 y 891326426007 formerly 614 W 7th St NE of 619 W 7th St, behind 908-910 South St 3,000 n 891326431002 Formerly 613 W 7th St. Alley access only. NW of 1108 Grant Av 6,981 y 891326481001 formerly 1100 Grant Av SW of 326 W 14th St 4,210 y 891325377008 formerly 328 W 14th St 742 Grant Av 3,936 y 891326411007 Building demolished in 2021 NE of 326 W 14th St 8,540 y 891325377006 817 Bluff St 20,517 y 891326283016 Quonset Hut part of former Johnstone Supply. Includes sidewalk along W 7th St SE of 1103 Commercial St 8,395 y 891325155013 NW Cor. of Williston Av & US Hwy 218 8,239 y 891325382012 891325354011 891325354012 891325354013 891313382019 SE of 1426 Washington St 7,233 y SE of 1426 Washington St 7,030 y SE of 1426 Washington St 6,995 y Consider combining these three parcels. 232 Ricker St 3,570 y Parcel number was changed, used to be parcel 891313382006 North of 208 Denver St 5,040 y 891326305017 Home demolished in 2023. Home demolished in 2023. Home demolished in 2023. Home demolished in 2023. Over 1 acre. Approximatly half of the site is parking lot. 207 Lafayette St 4,050 y 891323478013 208 Sunnyside Av 2,205 y 891326108007 212 Sunnyside Av 2,205 y 891326108008 637 Ankeny St 6,432 228,559 31,102 119,224 6,300 n 891313352021 N of 250 Westfield Ave, part of Lot 1 of Techworks Add y 891323378017 SE of 250 Westfield Ave, part of Lot 1 of Techworks Add n 891323378018 Entire parcel is parking lot. Mow areas of right-of-way of Westfiled Av and W Jefferson St. E Cor. of W Commercial St & River Rd, Lot 3 Techworks Add n 891323455001 Over 1 acre. West of 215 Oneida St y 891324181014 Parcel added 2/17/23, previously was missed 1318 Martin Rd 32,000 101,059 101,059 101,059 6,400 n 891332476007 Parcel added 4/24/23, home will eventually be tore down N of 3620 Wagner Rd n 891303151009 Parcel added 4/24/23. Mow front 300 feet only. Over 1 acre. S of 3620 Wagner Rd n 891303151012 Parcel added 4/24/23. Mow front 300 feet only. Over 1 acre. N of 3488 Wagner Rd n 891303151013 Parcel added 4/24/23. Mow front 300 feet only. Over 1 acre. W of 306 Madison St y 891230129024 Parcel added 4/27/23. SW of 321 E 1st St 9,000 y 891323436006 Parcel added 4/27/23. E of 912 Newton St 6,050 y 891314351008 Parcel added 4/27/23. N of 914 Linden Av 14,644 n 891219351018 Parcel added 6/13/23 Page 390 of 630 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note 54 Lane St 56,933 y 891325254013 Parcel # changed, was 891325254010 Parcel added 8/1/23. Mow area under 1 acre. 1335 Mulberry Street 2,475 y 891325251006 Parcel added 9/11/23. Has a house. N of 1335 Mulberry Street 4,635 y 891325251004 Parcel added 9/11/23 200 E Mullan Av 8,025 y 831323477012 Parcel added 1/4/24 617 W 1st St 2,100 y 891326178016 Parcel added 2/8/24 708 W 3rd St 9,000 y 891326183004 Parcel added 2/8/24 324-326 W 7th St 4,875 y 891326283003 Parcel added 2/8/24. Sidewalk on W 7th and Bluff 1003 Vine St 7,000 y 891219307012 891325133001 891325133003 891325133004 891325133005 891325133018 891325180018 Parcel added 2/8/24. Sidewalk on Vine and Steely NW of 924 Lafayette St, corner of Lafayette & E 7th 4,730 y Parcel added 2/8/24 NW of 924 Lafayette St, corner of Lafayette & E 7th 3,870 y Parcel added 2/8/24 NW of 924 Lafayette St, corner of Lafayette & E 7th 6,000 y Parcel added 2/8/24 NW of 924 Lafayette St, corner of Lafayette & E 7th 4,500 y Parcel added 2/8/24 NE of 204 E 7th St, corner of Lafayette & E 7th 3,200 y Parcel added 2/8/24. Consider combining these 5 parcels NW of 1217 Sycamore St 4,080 y Parcel added 2/8/24 W of 532 Dawson St 4,290 y 891314457018 Parcel added 2/8/24 NW of 1112 Sycamore St 12,600 y 891325179008 formerly 1100 Sycamore St. Parcel added 2/8/24 E of 1320 Mulberry St, corner of Mulberry and Lane 13,724 y 891325251008 Parcel added 2/8/24 S of 542 Indiana St 71,000 5,600 n 891230329029 Previously missed. Parcel added 2/8/24 1712 E 4th St y 891313382015 Parcel added 3/1/24. Includes a home. 1738 Flower St 15,000 n 891321377012 Parcel added 3/1/24. Includes an appartment complex. 408 Vermont St 8,400 y 891326355002 Parcel added 3/1/24. Includes a home. 724 Lincoln St 6,721 y 891323227002 Parcel added 3/1/24. Includes a home. 418 Oak Av 5,200 y 891323428019 Parcel added 3/1/24. Includes a home. 110 Chestnut St 4,500 y 891323237027 Parcel added 3/1/24. Includes a home. 318 Bratnober St 4,270 y 891323235010 Parcel added 3/1/24. Includes a home. 309 E 2nd St 7,350 y 891323478009 Parcel added 3/1/24. Includes a home. Page 391 of 630 1 City of Waterloo Planning Department Mowing Lots 0 8 Waterloo Corp_Li its Over 1 Acre IR Under 1 Acre 0 0.3 0.6 1.2 Miles • 11 Page 392 of 630 2024/2025 Residential Lots/Miscellaneous Mowing Lot Maintenance Services City Owned Lots Bid Estimate: $18.00 A: Per lot/occurrence - lots under 1 acre $75.00 B: Per Hour/Per occurrence — lots 1 acre or more NAME & ADDRESS OF BIDDER Bid Security A: Lots under 1 acre B: Lots over 1 acre P&J Lawn Care Waterloo, IA 5% $11.00 $25.00 Cedar Valley Lawn Care Waterloo, IA 5% $47.75 $95.27 B&B Lawn Care, Inc. Waterloo, IA 5% $12.45 $191.00 Page 393 of 630 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 April 15, 2024 AGENDA ITEM TITLE Sale and conveyance of city -owned property located at 1515 Sycamore Street in the amount of $1.00, including a Development Agreement with Gearheart Moore Holdings, LLC. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for the sale and conveyance of City owned property to Gearheart Moore Holdings, LLC in the amount of $1.00, with a Development and Minimum Assessment Agreement for renovation of the former Rath Administration Building into no less than 70 affordable senior housing residential units with a $5,000.00 infill housing incentive per unit, having a minimum assessed value of $1,335,410.00, and a grant payment of each 6 month property tax installment, less $5,000.00 for each installment, located at 1515 Sycamore Street in the Rath TIF District, and instruct City Clerk to publish notice. The property tax installments will go on for a period of 15 years. The developer has done reconnaissance work on the building and found that it is still structurally sound to rehabilitate. They plan to apply for state and federal historical tax credits for the restoration, a $1,500,000.00 brownfield/grayfield grant through the state, and also receive infill housing incentives. Initially it was discussed that the renovation would consist of 70 units, but the developer is exploring the opportunity of adding more units to the building, which could be as many 87 total units, which could result in $435,000.00 in infill housing incentives. Since the previous use of this building was for offices, the infill incentive would apply, because of the change of use to residential. The city took ownership of the building when Rath Packing Company ceased operations and liquidated and the building has been vacant for 39 years. NEIGHBORHOOD IMPACT This would have a very positive impact upon the area as this building has been vacant since 1985 when Rath Packing Company ceased operations and liquidated, and restoring the structure will eliminate a large blighted structure and promote other growth in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 394 of 630 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 1-12, Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; and All of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Development Agreement 2. Aerial Map 3. Floor Plan Page 395 of 630 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024 by and between Gearhart Moore Holdings, LLC or its permitted assignee (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City is the owner of real property at 1515 Sycamore Street, legally described as set forth on Exhibit "A" attached hereto (the "Property"). Company desires to undertake a project on the Property and is willing and able to finance, rehabilitate and construct a total of at least 70 apartment units and related improvements thereon, upon the terms herein. B. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Rath Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). C. City considers affordable housing development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company in its as -is condition for the sum of $1.00 (the "Purchase Price"). Page 396 of 630 Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall convey title to Company in accordance with the terms of Section 4.B below. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own option and expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements. Company shall rehabilitate and renovate the existing structure on the Property and construct not less than seventy (70) apartments, common spaces and supporting amenities, and related landscaping, storm water, paving, sidewalks, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Furthermore, Company shall exercise reasonable efforts to rehabilitate the building according to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and to work with the Iowa State Historical Preservation Office in order to qualify the Project for available federal and/or State of Iowa historic tax credits. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." Improvements completed within the schedule established by Section 4 below will be eligible for the benefits provided for in this Agreement. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and 2 Page 397 of 630 conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Hans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin the work of rehabilitation and construction of the Improvements within four (4) months after the date of conveyance (the "Start Date") and Substantially Complete construction within twenty-four (24) months thereafter (the "Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element for 3 Page 398 of 630 which no permit was necessary has,been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph C below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Time of Conveyance. City will convey title to Company within 30 days of receiving a written request from Company, provided that before such request the Project has received one or more of the following: (i) an award of 4% tax credits from the Iowa Finance Authority; (ii) an award of state and federal historic tax credits in an amount satisfactory to Company; (iii) an award of grayfield credits from the State of Iowa; (iv) an award of infill housing credits from the City; or (v) approval of a loan commitment for Project financing. Company must request conveyance of title within 48 months after the date of this Agreement, or City may, at its option, terminate this Agreement by written notice to Company. C. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 19, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City properly terminates this Agreement as provided in Section 19, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also return to City the abstract of title, if provided. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty 4 Page 399 of 630 (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 7. Utilities. Company will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date, as may be extended, set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $1,335,410.00 (the "Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. 5 Page 400 of 630 Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. 9. Project Incentives. To aid the Project, City agrees to provide the following assistance: A. Grants. Provided that Company has completed the Improvements before the Completion Deadline, and that Company has executed an MAA as set forth in Section 8 above, City agrees to make a semi-annual grant payment (each a "Grant") to Company within five (5) business days after City receives from Company proof that Company has paid, as applicable, the general property tax installment payable in September and the immediately following March of each property tax fiscal year (a "Fiscal Year"), starting in Year One (defined below). if Company desires to expedite City's ability to issue a Grant, Company may notify City of its intent to make the tax payment up to thirty (30) days in advance of the payment due date. Subject to the terms of this Agreement, City agrees to make thirty (30) Grants to Company. Each Grant shall be an amount equal to the general property tax installment that will be delinquent if not paid in full on or before September 30 or March 31, as applicable, Tess $5,000.00. "Year One" is the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event Improvements on the Property are completed prior to January 1, 2026 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2026 assessed value would be for the Fiscal Year ending June 30, 2028. The first Grant would be payable by City on or before September 1, 2027. B. Infill Housing Incentive. In addition to any other Project incentives made available by City under this Agreement, City will pay a grant of $5,000.00 to Company as provided in the City's infill housing policy for timely completion of each dwelling unit of the Improvements. Such grant will be payable within sixty (60) days after City has verified that the Improvements have been Substantially Completed. C. Grayfield Incentive. In addition to any other Project incentives made available by City under this Agreement, City will cooperate with Company to secure a grant of up to $1,500,000.00 to Company through the State of Iowa's Brownfield and Grayfield Redevelopment Tax Credit Program (the "Grayfield Grant"). Such grant will be payable according to the terms of the grant award. Company's obligation to proceed with the Project is contingent upon award of the full amount of the Grayfield Grant. 6 Page 401 of 630 10. Limitations on Payment of Grants. A. Each payment of a Grant is subject to annual appropriation by the city council each fiscal year. City acknowledges Company is relying upon City's promises and obligations as contained in this Agreement and Company's financing for the Project is contingent upon the fulfillment of City's obligations hereunder. However, City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non -appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Grants shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 9.A hereof, City shall have no obligation to make a payment of a Grant to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Grant payment to Company, as contemplated under Section 9.A above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circumstances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Grant payments would otherwise have been paid to Company under the terms of Section 9.A, then either party may terminate this Agreement, without penalty or other liability to the other party, by written notice to the other party. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made 7 Page 402 of 630 available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 11. Conditions to City Funding. A. The complete or initial funding by City of the Grants and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Grant disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Grant payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Grant payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Grant payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district and/or amendment of the applicable urban renewal plan, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Grant payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 14 shall be true and correct as of the Grant disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Grant disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) make it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 12. 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: 8 Page 403 of 630 A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably required and requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have an assessed value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until termination of the MAA, Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of 9 Page 404 of 630 the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law or City ordinance, of the taxation of real property included within the Property. Company shall keep the Property secure against unauthorized entry to prevent vandalism or damage to the Property or loss of materials, tools or equipment during construction of the Improvements. 13. 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. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of 10 Page 405 of 630 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. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement 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. F. 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. 15. indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's acquisition of the same 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 or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. 11 Page 406 of 630 C. The provisions of this Section shall survive the expiration or termination of this Agreement. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. City agrees to use its best efforts to complete such activities in a diligent and timely manner. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same. 17. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City, which shall not be unreasonably withheld or delayed. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 18. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and Substantially Completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City, if such written consent is required pursuant to Section 17; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) 12 Page 407 of 630 makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of the Property; F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof; or G. Failure by City to diligently pursue City's obligations hereunder, including, but not limited to, funding, approving and providing the Grants described in this Agreement in a timely manner. 19. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. 13 Page 408 of 630 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. 20. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement to be performed on the part of one party is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for the other party to enter this Agreement. Each party acknowledges that without such promises, covenants, representations, and warranties, the other party would not have entered this Agreement. Upon a party's material breach of any promise or covenant, or in the event of the material incorrectness or falsity of any representation or warranty by a party, the other party 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, in accordance with the terms of this Agreement. 21. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 22. 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. 23. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 2079 W. 44th Avenue, Denver, Colorado 80211, Attention: Benjamin Gearhart & Charles Moore, with copies to Company legal counsel at 314 E. 4ch Street, Waterloo, Iowa 50703, Attention: Michael Young. 14 Page 409 of 630 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) four (4) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 24. 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. 25. 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. 26. 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. 27. 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. 28. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 29. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 15 Page 410 of 630 30. Counterparts. This Agreement may be executed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts transmitted by electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 31. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 32 Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GEARHART MOORE HOLDINGS, LLC By: By: Quentin M. Hart, Mayor Charles Moore, its Manager Attest: Kelley Felchle, City Clerk 16 Page 411 of 630 EXHIBIT "A" Legal Description of Property Lots 1-12, Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; and All of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa. Commonly known as 1515 Sycamore Street, Waterloo, IA 50707; Parcel ID # 891325259002 Page 412 of 630 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2024, by and among the CITY OF WATERLOO, IOWA ("City"), GEARHART MOORE HOLDINGS, LLC or its permitted assignee ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the Rath Urban Renewal and Redevelopment Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than$1,335,410.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2025 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 413 of 630 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2055. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 414 of 630 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 415 of 630 CITY OF WATERLOO, IOWA GEARHART MOORE HOLDINGS, LLC By: By: Quentin Hart, Mayor Charles Moore, its Manager By: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK On this day of , 2024, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public 4 Page 416 of 630 STATE OF COLORADO DENVER COUNTY Subscribed and sworn to before me on March JS Moore as Manager of Gearhart Moore Holdings, LLC. ELIZABETH CLAVEL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194020964 MY COMMISSION EXPIRES 06/0412027 Notary Public 5 , 2024 by Charles Page 417 of 630 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than One Million Three Hundred Thirty -Five Thousand Four Hundred Ten and 00/100 Dollars ($1,335,410.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. STATE OF IOWA COUNTY OF BLACK HAWK ) ) ss. Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2024 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 418 of 630 uy� 6/11/2022 2:53:15 PM POSSIBLE ADDITION OF EXIT UNIT 1 660 SF i UNIT 3 651 SF UNIT 2 855 SF VVVV�uuuuuuVVVVVVVVV 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNIT 4 800 SF n UNIT 5A 669 SF ALTERNATE: COMBINE FOR POTENTIAL TYPE "B" UNIT Community Room 520 SF 1111- Fitness \ 390 SF Mgmt. 305 SF �V/\\\\\\V VVVVVVVVVVV VVVVVVVVVVV2/2V UNIT 20 786 SF (SUB -STANDARD) UNIT 21 625 SF J UNIT 19 640 SF MV UNIT 7 872 SF UNIT 5B 626 SF UNIT 6 627 SF 1 1 1 1 1 1 1 1 A A UNIT 8 648 SF UNIT 9 648 SF UNIT 10 630 SF UNIT 14 614 SF UNIT 15 606 SF CDLOWER LEVEL "B" 1/16" = 1'-0" n n n n AAAAAA A. A. UNIT 27 894 SF > LLJ UNIT 28 664 SF UNIT 11 679 SF UNIT 12 653 SF UNIT 13 630 SF COMMON USE 732 SF OR POTENTIAL UNIT UNIT 29 800 SF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNIT 30 800 SF UNIT 34 800 SF 111•1m UNIT 31 625 SF UNIT 32A 800 SF Igr ler Igr rIgr Igr Igr UNIT 32B 661 SF UNIT 33 625 SF UNIT 35 800SF UNIT 36 800 SF MAIN LEVEL "B" 1/16" = 1'-0" VVVnnnnV UNIT 16 866 SF UNIT 18 800 SF E2 UNIT17 603 SF (SUB -STD.) UNIT 22 625 SF UNIT 23 800 SF UNIT 24 800 SF STOR. 242 SF UNIT 37 625 SF 1 1 UNIT "79" 440 SF (STUDIO) UNIT 26 661 SF UNIT 26 626 SF VVVV UNIT 25 661 SF yVVVVVVVVVVVVVVVVVVVVVVVVVVV UNIT 42 800 SF UNIT 38 846 SF UNIT 39 849 SF V V V V V V UNIT 41 800 SF UNIT 40 625 SF UNIT 39B 632 SF UNIT 46 847 SF UNIT 43 800 SF r UNIT 44 625 SF UNIT 45 625 SF UNIT 47 661 SF UNIT 49 626 SF 1 UNIT 50 661 SF FLOOR PLAN YIELD STUDY 'B' AREA TYPE LEGEND HORIZONTAL CIRCULATION 1 BD/1 BA VERTICAL CIRCULATION AMENITY 2 BD/1 BA STUDIO UNITS TYPE "A" UNITS TYPE "B" UNITS LOWER LEVEL 1 BD/1 BA UNITS 2 BD/1 BA UNITS 660 SF 651 SF 648 SF 648 SF 630 SF 614 SF 606 SF 679 SF 653 SF 630 SF 640 SF 625 SF 625 SF 603 SF 661 SF 626 SF 661 SF 669 SF 626 SF 627 SF FLOOR TOTAL: 12,782 SF AVG.: 639.1 SF MAIN LEVEL 855 SF 800 SF 872 SF 786SF 800 SF 800 SF 800 SF 866 SF FLOOR TOTAL: 6,579 SF -20 UNITS AVG.: 822.4 SF -8 UNITS 1 BD/1 BA UNITS 2 BD/1 BA UNITS 664 SF 625 SF 661 SF 625 SF 625 SF 632 SF 625 SF 625 SF 625 SF 661 SF 626 SF 661 SF FLOOR TOTAL: 7,655 SF AVG.: 637.9 SF -12 UNITS STUDIO UNITS 440 SF-1 UNIT FLOOR TOTAL: 440 SF AVG.: 440.0 SF GRAND TOTALS 894 SF 800 SF 800 SF 800 SF 800 SF 800 SF 800 SF 847 SF 846 SF 849 SF 800 SF 800 SF 800 SF FLOOR TOTAL: 10,636 SF AVG.: 818.2 SF 1BD/1BA UNITS GRAND TOTAL (ALL FLOORS): 42 UNITS GRAND TOTAL (ALL FLOORS): 26,665 SF AVG. (ALL FLOORS): 634.9 SF 2BD/1BA UNITS GRAND TOTAL: 43 UNITS GRAND TOTAL: 35,015 SF AVG.: 814.3 SF *NOTE: (2) STUDIO UNITS NOT INCLUDED IN CALCULATION; TOTAL UNIT COUNT INCLUDING STUDIO UNITS IS 87. -13 UNITS REGISTERED TRADE NAME OF INTELLIGENT LINE A+D, LLC 0 � U O CD LO U W CV = �U u) CO Os Uq ( X Z LLI Y NG REDEVELOPMENT 0 J ISSUE DATE NO CALEB BULAND, ARCHITECT I MO 2009005509 XXXCX JOB NO. FLOOR PLAN YIELD STUDY "B"- LOWER LEVEL & MAIN LEVEL A3 © COPYRIGHT EXACT ARCHITECTS, LLC 2015 Page 420 of 630 6/11/2022 2:53:15 PM UNIT 51 800 SF UNIT 53 800 SF UNIT 52 800 SF X X X X X Amenity UNIT 54 800 SF UNIT 55A e 625 SF UNIT 55B 622 SF LiZ UNIT 56 800 SF UNIT 57 800 SF Amenity 6 44 uuuuuuuuuuuuuu> UNIT 62 625 SF UNIT 61 602 SF (SUB -STD.) UNIT 63 440 SF (STUDIO) yvvvvvvvvvvvvvvvvvvvvvvvvv UNIT 69 800 SF UNIT 68 625 SF VV/\\I Iu lug Y`1 fl UNIT 60 800 SF UNIT 64 885 SF UNIT 59A 625 SF El UNIT 59B 625 SF El UNIT 61 614 SF (SUB -STD.) UNIT 65 800 SF UNIT 67 800 SF UNIT 66 625 SF UNIT 70 797 SF UNIT 71 800 SF UNIT 72 800 SF SECOND FLOOR "B" 1/16" = 1'-0" (uu\ \ \ / /uuuuu UNIT 75 800 SF UNIT 76 800 SF UNIT 77 630 SF UNIT 79 928 SF UNIT 58 800 SF UNIT 78 >< 856 SF >< UNIT 75 751 SF (SUB -STD.) UNIT 74 783 SF (SUB -STD.) UNIT 73 800 SF d THIRD FLOOR "B" 1/16" = 1'-0" FLOOR PLAN YIELD STUDY 'B' AREA TYPE LEGEND HORIZONTAL CIRCULATION 1 BD/1 BA TYPE "A" UNITS SECOND LEVEL VERTICAL CIRCULATION 2 BD/1 BA TYPE "B" UNITS AMENITY STUDIO UNITS 1 BD/1 BA UNITS 625 SF 622 SF 602 SF 625 SF 625 SF 625 SF 614 SF 625 SF 625 SF FLOOR TOTAL: 5,588 SF AVG.: 620.9 SF -9 UNITS STUDIO UNITS 440 SF 1 UNIT FLOOR TOTAL: 440 SF AVG.: 440.0 SF THIRD LEVEL 2 BD/1 BA UNITS 800 SF 800 SF 800 SF 800 SF 800 SF 800 SF 800 SF 800 SF 885 SF 800 SF 800 SF 800 SF 797 SF 800 SF 800 SF 800 SF 783 SF 751 SF FLOOR TOTAL: 14,416 SF AVG.: 800.9 SF 18 UNITS 1 BD/1 BA UNITS 2 BD/1 BA UNITS 630 SF 1 UNIT FLOOR TOTAL: 630 SF AVG.: 630.0 SF 800 SF 800 SF 856 SF 928 SF FLOOR TOTAL: 3,384 SF AVG.: 846.0 SF -4 UNITS REGISTERED TRADE NAME OF INTELLIGENT LINE A+D, LLC NG REDEVELOPMENT 0 J ISSUE DATE NO CALEB BULAND, ARCHITECT I MO 2009005509 0( JOB NO. FLOOR PLAN YIELD STUDY "B"- 2ND & 3RD LEVEL A4 © COPYRIGHT EXACT ARCHITECTS, LLC 2015 Page 421 of 630 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 April 15, 2024 AGENDA ITEM TITLE Sale and conveyance of approximately 93.7 acres of city -owned property located east of 4342 Ansborough Avenue at the southeast corner of Ansborough Avenue and Highway 20 interchange, in the amount of $1.00, including a Development Agreement with PWM Companies, LLC, and rescinding Resolution 2023-658 in its entirety. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for the sale and conveyance of approximately 93.7 acres of city -owned property to PWM Companies, LLC, in the amount of $1.00, including a Development Agreement, with a grant schedule for reimbursement of infrastructure improvements, located east of 4342 Ansborough Avenue at the southeast corner of the Ansborough Avenue and Highway 20 Interchange, for the construction of commercial buildings, and rescind Resolution 2023-658, dated October 16, 2023 There is approximately 183.7 acres of land in the state certified, and shovel ready South Waterloo Business Park. PWM Companies, LLC is proposing to develop half of it for commercial and compatible light industrial uses. The company has already undertaken work elsewhere in Waterloo and started construction of a new 87,000 square foot light industrial building, located just to the north of 3530 Marnie Avenue. NEIGHBORHOOD IMPACT The area is zoned B-P Business Park and a site plan has been approved for the entire site (see attached). This zoning allows for commercial and compatible Tight industrial uses, and getting this land developed will have a positive impact upon the city by bringing more companies and employees to Waterloo. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 422 of 630 The development plan has gone through the Planning and Zoning Commission and City Counci. SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION The Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 33 feet thereof, and except Tracts A and B as described in LD Book 539 Page 982, and except Fee Tracts A and B as described in Document No. 2006-873, and except that part described in Document No. 2012-16922, all filed in the Black Hawk County Recorder's Office; and That part of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, lying southerly of US Highway No. 20 as described in LD Book 539 Page 996, and except that part conveyed to the State of Iowa in Doc. No. 2006-18278, all filed in the Black Hawk County Recorder's Office; and The Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 33 feet thereof, and except that part thereof described in Document No. 2012-16922, and except that part thereof described in Land Deeds Book 567 Page 633, and except that part thereof described in Land Deeds Book 569 Page 42, all filed in the Black Hawk County Recorder's Office; and The Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa; and The North Half (N 1/2) of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the West 385 feet thereof; and That part of the West Half (W 1/2) of the Northeast Quarter (NE 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, described as beginning at the center of said section; thence North 0° 03' West 1033.5 feet along the west line of said Northeast Quarter; thence South 89° 191/2' West 920.5 feet; thence South 26° 56' West 508.5 feet; thence South 0° 541/2' West 561.8 feet to a point on the south line of said Northeast Quarter; thence South 89° 21'/2 ' West 680.4 feet along said south line to the point of beginning. Subject to easements, restrictions, covenants, ordinances, and limited access provisions of record and not of record. ATTACHMENTS 1. PWM - City of Waterloo dev agt (city rev2 4-09-24) (1) 2. PA Signed 4.9.24 Page 423 of 630 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024 by and between PWM Companies, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. This agreement is intended to amend and restate the development agreement approved and agreed by City and Company dated October 17th 2023. B. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the San Marnan Development Plan urban renewal area ("Urban Renewal Area"). C. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area and described or depicted as set forth on Exhibit "A-1" attached hereto (the "Property" or the "Project Property") and to finance and construct the installation of roads, related infrastructure, and other improvements and to plat and subdivide the Property. D. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. E. In view of the Company's investment in assembling and undertaking the Project (defined below) and its commitment to develop the Property, the {00529338} Page 424 of 630 City desires to provide certain incentives to encourage the Company to facilitate timely development of the Property. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. Subject to the terms and conditions hereof, City shall convey the Property to Company as follows: A. Phase 1 Property. City shall convey that part of the Property legally described as set forth on Exhibit "A-2" attached hereto (the "Phase 1 Property") in its as -is condition for the sum of $1.00. Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall convey the Phase 1 Property to the Company on or before , 2024, provided City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Street Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. B. Phase 2 Property. Following written request from Company, City shall convey to Company that part of the Property legally described as set forth on Exhibit "A-3" attached hereto (the "Phase 2 Property") in its as -is condition for the sum of $1.00, and on the same terms as set forth in paragraph A above with respect to the Phase 1 Property. Company shall not be eligible to request conveyance of the Phase 2 Property until the following conditions have been satisfied in the reasonable judgment of City: (1) Street Improvements within the Phase 1 Property area as depicted on Exhibit "B" attached hereto have been completed by Company and accepted by City, and (2) more than 48 acres of the Phase 1 Property are the subject of an approved agreement with City for project development or have been sold or leased to a third party unrelated to Company by common ownership or control for development under an agreement with City or have been sold with a contractual obligation for the purchaser to commence {00529338} 2 Page 425 of 630 construction on the parcel within 12 months and finish construction within 24 months. 2. Improvements by Company. Company shall construct, or cause to be constructed, all streets, sewers, utilities, and water lines on the Property in phases after acquisition of title to the respective portion of the Property, in accordance with plans to be submitted to City (all such street and infrastructure improvements and related site preparation, including, but not limited to, necessary grading, fill, and earth work for such street improvements, are referred to as the "Street Improvements"). Company shall provide all information requested by City that is reasonably necessary to verify that the Street Improvements were properly constructed and are eligible for acceptance. In addition to construction of the Street Improvements, Company shall plat and subdivide the Property into multiple lots for development by Company or by third parties and shall act with diligence to market said lots for sale and development, or develop the Property itself. Company agrees that the improvements shall be constructed in accordance with the terms of this Agreement, the San Marnan Development Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Company submit specific designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Street Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." The parties anticipate that Company will undertake and complete Project activities on a phase - by -phase basis. 3. Development. It is the intention of the parties that the Project Property, also known as the South Waterloo Business Park, will be fully developed for approved office, commercial, and/or light industrial uses. Company or a third -party purchaser from Company shall construct on platted lots within the Project Property the improvements to be described in one or more separate development agreements between City and the project developer. For purposes of this Agreement, the party developing a project on the Project Property, whether Company or a third party, is referred to as a "Developer." No improvements may be constructed on any part of the Project Property without the prior written consent of City, which consent may take the form of a development agreement. A development agreement may provide for a schedule on which Project improvements are to be completed, a minimum assessed value for the improvements, Project incentives to be conditionally provided by City, and other terms and conditions. Any development Agreement or Project incentives between the City and a Developer as it relates to the Property shall limit the Developer to 50% of the tax increment financing or similar incentives available under law to a Developer. The remaining 50% shall be reserved for the Company. {00529338} 3 Page 426 of 630 City and Company shall work cooperatively in good faith in developing the business park design, including general layout, lot sizes, lot orientations, project layouts, and location of infrastructure. Company shall have the right to market and promote the Project Property, whether or not Company is titleholder of record of the Project Property in its entirety but said right shall lapse as to any portion of the Project Property for which City has demanded repurchase pursuant to Section 5.B below. All Developer improvements shall be constructed in accordance with the terms of the development agreement, if applicable, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that the Developer of a parcel submit specific building designs and site plans for City review and approval. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. 4. Construction Plans. Company agrees that it will cause the Street Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that will be submitted to the City before construction. Company agrees that the scope and scale of the Street Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit Modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the Modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Street Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City. The Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Modified Plans in whole or in part, Company shall submit new or corrected Modified 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 Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Modified Plans shall continue to apply until the Modified Plans have been approved by {00529338} 4 Page 427 of 630 the City; provided, however, that in any event Company shall submit Modified Plans which are approved by City prior to commencement of construction of the additional or modified Street Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Street Improvements as constructed. 5. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Street Improvements in a timely manner constitutes a material inducement for the City to convey the Project Property to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. To be eligible for the incentives provided by this Agreement, Company must Substantially Complete construction of all of the Street Improvements in the Phase 1 Property and must plat and subdivide the Phase 1 Property within twenty-four (24) months after City conveys the Phase 1 Property to Company (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Street Improvements have been completed to the extent necessary for the City to formally accept them by resolution adopted by the Waterloo City Council. If all Street Improvements are not accepted by City within thirty (30) months from the date of this Agreement, then the Payments provided for in Section 10 shall be suspended until acceptance of the Street Improvements. City will accept the Street Improvements only if (a) Company has posted a two-year maintenance bond with respect to the Street Improvements or (b) Company has already entered into an agreement for completion of improvements that provides for such a bond. Company's obligation to construct Street Improvements and to plat and subdivide the Project Property shall proceed on the same schedule as above with respect to the Phase 2 Property, except that the applicable timeline for such phase shall commence upon the date the City conveys the Phase 2 Property to Company. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and City's Repurchase Option. If Company does not Substantially Complete construction of the Street Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 20, and City shall then have no further obligation to Company under this Agreement, except as stated herein. If development has commenced within the required period, as the same {00529338} 5 Page 428 of 630 may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement as provided in Section 20, City shall have no further obligations to Company under this Agreement except to reimburse Company for the documented costs actually incurred by Company related to the construction of the Street Improvements (the "Repurchase Price"), but City shall have no legal or equitable obligation to reimburse Company for any other costs expended by Company with respect to the Project or to compensate Company for any value added to the Project Property by any improvements. In connection with termination of the Agreement as set forth herein, City may repurchase the Project Property, or undeveloped parts thereof, in addition to exercising any other available remedies, as provided in attached Exhibit "C." If Company is in default only with respect to Phase 2 then only the Phase 2 Property shall be subject to repurchase. 6. Repurchase; Indemnity. In the event of a repurchase pursuant to Section 5, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said repurchase and to deliver to City title to the Property or applicable portion thereof, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property conveyed back to City. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 7. No Encumbrances; Limited Exception. Until the Street Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Street Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Street Improvements. {00529338} 6 Page 429 of 630 8. Utilities. Company, or its successors or assigns, will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Project Property and for payment of any associated connection fees, provided, however, that City shall ensure installation of suitable gas infrastructure to at least one point of access at the Phase 1 Property boundary. 9. Valuation of Property and Establishment of Payments. For purposes of calculating Incremental Property Tax Revenues (as herein defined) under this Agreement and Section 403.19 of the Code of Iowa, the base valuation (the "Base Valuation") of the Property shall be the assessed taxable valuation of the Property as of January 1, 2024. For purposes of this Agreement, "Incremental Property Tax Revenues" shall mean, and are calculated by: (1) determining the consolidated property tax levy (city, county, school, etc.) then in effect with respect to taxation of the Property; (2) subtracting (a) the debt service levies of all taxing jurisdictions, (b) the school district instructional support and physical plant and equipment levies and (c) any other levies which may be exempted from such calculation by action of the Iowa General Assembly; (3) multiplying the resulting modified consolidated levy rate times any incremental growth in the taxable valuation of the Property, as shown on the property tax rolls of Black Hawk County, above and beyond the Base Valuation; and (4) deducting any property tax credits which shall be available with respect to the incremental valuation of the Property. Such amount shall be calculated annually and distributed to the Company as Payments as provided in Section 10. 10. Payments to Company. As an inducement for Company to undertake the Project, the City agrees to make payments as follows: A. In recognition of the Company's obligations set out above, the City agrees to make economic development tax increment payments (the "Payments" and, individually each, a "Payment") to the Company pursuant to Chapters 15A and 403 of the Code of Iowa, until the aggregate, total amount of the Payments made under this Agreement totals the documented cost of constructing the Street Improvements, including Company's documented carrying costs with respect to the Street Improvements and its loan therefor of an estimated $4,000,000 (the "Maximum Payment Total"). All Payments under this Agreement shall be subject to annual appropriation by the City Council. The Payments shall not constitute general obligations of the City but shall be made solely and only from Incremental Property Tax Revenues received by the City from the Black Hawk County Treasurer attributable to the taxable valuation of the Property. Each Payment shall not exceed an amount which represents the amount of Incremental Property Tax Revenues available to the City with respect to the Property during the six (6) months immediately preceding each Payment date. It is assumed that the new valuation from the Project will go on the property tax rolls as of January 1, 2025 and shall be adjusted each year thereafter. {00529338} 7 Page 430 of 630 Accordingly, the Payments will be made by the City on November 1st and May 1st of each fiscal year, beginning on November 1, 2026 and continuing until such date upon which total Payments equal to the Maximum Payment Total have been made. Such Payments shall be made provided that the tax installment was actually paid and Company has submitted proof of payment to City or has otherwise notified City of completed payment in a manner that is satisfactory to City. If such tax installment is not timely paid, the payment of the Payment amount that is to be paid to the Company shall paid by the City within thirty (30) days following the payment of the tax installment. The City may hereafter enter into development agreements with Developers of the Property or a portion thereof regarding minimum assessment agreements for improvements on the Property pursuant to separate development agreements with City. Amounts payable to a Developer shall be reduced or limited by any and all tax rebates that City is required to pay to the Company pursuant to the terms of any development agreement with Company. Further, any Developer's maximum grant or payment from tax increment financing, or similar incentive shall be limited to 50% of the available amount of tax revenues available for such incentive for the Property. For purposes of illustration only, if an agreement between City and a Developer provides for rebatement of 50% of Incremental Property Tax Revenues for a period of five years for the construction of improvements on a portion of the Project Property, then the Company and Developer would each receive Payments equal to the remaining 50% Incremental Property Tax Revenues each year of such period related to such property. If an agreement between the City and a Developer provides for a rebatement of 25% of the Incremental Property Tax Revenues to a Developer for a period of 10 years, then the Company would receive Payments equal to 75% of the Incremental Property Tax Revenues for such property. No Payments or grant with respect to such Developer's improvements to a parcel of land for a Project shall be made to a Developer before a property tax Payment is first paid to the Company pursuant to this Agreement. B. Payments to Company are payable in respect of a given year only to the extent that general property taxes that are due and owing for such year have actually been paid. The City will make Payments semi-annually as provided above. The Company reserves the right to assign the semi-annual payments to a lender as an assignment of Payment payments. C. Each Payment is subject to annual appropriation by the City council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the City council annually appropriates the funds necessary to make such payments. The right of non -appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future Payments shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which {00529338} 8 Page 431 of 630 appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by written opinion of City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no event of default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the parties will negotiate in good faith how to continue development of the property. D. Notwithstanding the provisions set forth above, City shall have no obligation to make a Payment to Company if (i) at any time during the term hereof City fails to appropriate funds for payment; (ii) City's ability to collect Tax Increment is precluded by law or terminated by legislative changes to Iowa Code Chapter 403; or (iii) City receives an opinion from its legal counsel to the effect that the use of Tax Increments to fund a Payment to Company is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Iowa Urban Renewal Act or other applicable provisions of state law, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof. Upon occurrence of any of the foregoing circumstances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Payments would otherwise have been paid to Company under the terms above, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. 11. Rebates. In addition to any Payments, Company shall be entitled to receive property tax rebates ("Rebates") with respect to any development projects that are undertaken by Company, any Company affiliate, or any unaffiliated third party, on the terms and conditions set forth in a separate development agreement for each such project. All additional and separate development agreements will be subordinate to this Agreement. By way of illustration, if a development agreement with a Developer other than Company provides that the Developer gets Rebates or Payments over a 10-year period, with the first five years at 25% and the second five years at 40%, then Company shall receive Rebates or Payments under that agreement at 75% for five years and 60% for the following five years. All Rebates shall be as calculated in the development agreement, with reference to any minimum assessed value fixed by such agreement, payable on the schedule set forth in such agreement, and subject to any other terms, conditions or limitations set forth in such agreement, which terms, conditions and limitations shall continue to apply to any Rebates payable to Company after the period for payment of Rebates to the developer has ended. {00529338} 9 Page 432 of 630 12. City's Development Rights. In connection with any future development of an unimproved portion (a "Development Parcel") of the Project Property, arranged by or through City with a third party and without substantial involvement by Company, Company shall provide good -faith, timely and reasonable cooperation to City and will, subject to satisfaction of the conditions set forth in this section, convey the Development Parcel to the City for the sum of $1.00 plus the pro rata cost (based on acreage within such phase) of any Street Improvements that have occurred, by special warranty deed, substantially on the same terms as the City's conveyance of the Phase 1 Property pursuant to Section1. No more than twenty (20) acres of each phase of development, or no more than twenty-two percent (22%) of each phase will be eligible for repurchase by the City, if the Company has commenced Street Improvements in such Phase. Notwithstanding the foregoing limitations, an area of greater size can be purchased by City if needed for a proposed development project, subject to the parties working together in good faith to (a) identify additional land that Company's lender(s) will accept as substitute collateral for any obligations of Company that are secured by the Project Property of portion thereof, or (b) obtain the consent of Company's lender(s) to Company's sale of such greater area based on expected cash flow to Company from Payments and/or Rebates derived from tax revenues of the project(s) to be developed on the area purchased by City. Closing on acquisition of the Development Property by the City must occur within 90 days of execution and delivery of a purchase agreement between Company and a developer. Any property purchased by the City shall be subject to the Payments provided herein to the Company. 13. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees that it will make no conveyance, lease or other transfer of the Project Property or any interest therein that would cause the Project Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. B. Company shall pay, or cause to be paid to the best of its ability, when due, all real property taxes and assessments payable with respect to any and all parts of the Project Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Project Property that is determined by any tax official to be applicable to the Project Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Project Property. C. Until the Street Improvements are substantially completed, Company shall make such reports to City, in such detail and at such times as may be {00529338} 10 Page 433 of 630 reasonably requested by City, as to the actual progress of Company with respect to construction of the Street Improvements. D. Company will cooperate fully with City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with construction of the Street Improvements. E. Company agrees during construction of the Street Improvements to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Street Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. 14. 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. 15. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which {00529338} 11 Page 434 of 630 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. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement 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. F. 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. 16. 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 Project Property arising after Company's acquisition of same. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Property, due to any act of negligence or willful misconduct of any person, other than any act of gross negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Project Property, or (3) any hazardous substance or environmental contamination located in or on the Project Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing or was determined to exist before the Company's acquisition of the Property. {00529338} 12 Page 435 of 630 C. The provisions of this Section shall survive the expiration or termination of this Agreement. 17. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Project Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. 18. Assignment or Conveyance. To effectuate the parties' firm intention to develop the Project Property, any sale, conveyance, assignment or other transfer by Company of its interest in the Project Property to any other person or entity shall be subject to the terms of this Agreement. 19. 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 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; B. Transfer by Company of any interest (either directly or indirectly) in any part of the Project Property or this Agreement, without the prior written consent of City, except as expressly permitted by this Agreement; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Project Property after City's conveyance of same to Company; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of the Project Property. {00529338} 13 Page 436 of 630 E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 20. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing beyond the applicable cure period, the City may terminate this Agreement. Before exercising such remedy, City shall give Company no less than 30 days' written notice to cure an Event of Default, provided that if the Event of Default cannot reasonably be cured within said time period, and Company is diligent pursuing the same, the Company shall not be in default and this Agreement shall not be terminated provided Company has given the City assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 21. 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 as to any sale transaction between the parties that has not closed as of the date of termination. {00529338} 14 Page 437 of 630 22. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 23. 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. 24. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 760 Liberty Way, North Liberty, IA 52317, Attention: Manager, Scott Wilson. 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, or (iii) four (4) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 25. Relationship of Parties. 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. 26. Conflicting Terms. In the event of any conflict between the terms of this Agreement and the Purchase Agreement, the terms of this Agreement shall prevail. 27. 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 {00529338} 15 Page 438 of 630 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. 28. 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. 29. 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. 30. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 31. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives, but shall not run with the land. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 33. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 34. 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] {00529338} 16 Page 439 of 630 CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk {00529338} 17 PWM COMPANIES, LLC i '42/----- By: , Scott Wilson Chief Financial Officer Page 440 of 630 EXHIBIT "A-1" Legal Description of Project Property The Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 33 feet thereof, and except Tracts A and B as described in LD Book 539 Page 982, and except Fee Tracts A and B as described in Document No. 2006-873, and except that part described in Document No. 2012-16922, all filed in the Black Hawk County Recorder's Office; and That part of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, lying southerly of US Highway No. 20 as described in LD Book 539 Page 996, and except that part conveyed to the State of Iowa in Doc. No. 2006-18278, all filed in the Black Hawk County Recorder's Office; and The Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 33 feet thereof, and except that part thereof described in Document No. 2012-16922, and except that part thereof described in Land Deeds Book 567 Page 633, and except that part thereof described in Land Deeds Book 569 Page 42, all filed in the Black Hawk County Recorder's Office; and The Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa; and The North Half (N 1/2) of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the West 385 feet thereof; and That part of the West Half (W 1/2) of the Northeast Quarter (NE 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, described as beginning at the center of said section; thence North 0° 03' West 1033.5 feet along the west line of said Northeast Quarter; thence South 89° 19'/2` West 920.5 feet; thence South 26° 56' West 508.5 feet; thence South 0° 541/2' West 561.8 feet to a point on the south line of said Northeast Quarter; thence South 89° 211/2 ' West 680.4 feet along said south line to the point of beginning. Subject to easements, restrictions, covenants, ordinances, and limited access provisions of record and not of record. {00529338} Page 441 of 630 EXHIBIT "A-2" Description of Phase 1 Property [Property to be described by survey or subdivision plat, consisting of approximately 93.7 acres, more or Tess.] {00529338} Page 442 of 630 EXHIBIT "A-3" Description of Phase 2 Property [Property to be described by survey or subdivision plat, consisting of approximately 90 acres, more or less.] {00529338} Page 443 of 630 EXHIBIT "B" Depiction of Project Property See attached. {00529338} Page 444 of 630 ■ ■ ■ ♦ • • ■ is • mio • REANE WETLAKI- NAT1ONAL FY SVL Mff..reE I5''I Phase Development Schedule: 1. Phase 1: 93.7 Acres +/- 2. Phase 2: 90 Acres +/- 25 Fl9acr U_DIFG 15 Acres +/- C2 Highway Commercial Zoning 2u23 Runaway Cunsuuwun 20 Acres 1000'+/- depth 870' +/- frontage Zoning: PUD (M2) SCEZTREETFUTURE ROAD e.LolNG SElE. CK PHASE 1 PROPERTY OUTLINED IN DASHED BLACK LINE ■ "Ili OPUS rn1 DPW aeaM. South Waterloo Business Park WATEF__CD. i.A D' 2K 40D' 800' PROJECT INFORMATION Total Site Area Fusion Site Area Proposed Site Area Regional .Detenton Site Detention Area Al Site Area Building Area A2 Site Area Building Area Ell Sim Area Building Area Ouldaor Storage B2 Site Area Building Area Our Swage B3 Sile Area Building Area Outdoor Storage 04 Site Area Outdoor Storage Cl Site Area Building Area Outdoor Storage C2 Site Area Building Area Outdoor Swage Di Site Area Building Area E' She Area Building Area ± 183.7 Acres ± 73.9 Acres ± 109.6 Acres ± 12.3 Acres ± 471),90a SF ± 9.6 Acres ± 138,00D GSF ± 9.6 ages ± 138,00D GSF ± 5.2 Acres ± 20,00D GSF ± 1.7 Acres ± 5.2 Acres ± 10,00D GSF ± 2.7 Acres ± 5.2 Acres ± 5,OOE GSF ±3.D Acres ± 5.2 Acres ± 4.2 Acres ± 8.6 Acres ± 57,0Ol GSF ± 2.1 Acres ± 8.6 Acres ± 57,0Ol GSF ± 2.2 Acres ± 26.6 Acres ± 296,00D GSF ± 2.2 Acres ± 5,00D GSF PARKING REQUIRED PER ZONING Industrial', Manufacturing: 1 stall per 2 empb ees en maximum shI t Warehousing: 1 stall per 2 employees regularly employed Offices: Under 50,000 SF: 1 stall per 317U GSF Over 5E,IXN SF: 1 stall per 4L'O GSF or 1 space for emery 2 employees on maximum shift SCREENING REQUIRED PER ZONNG 0utdoo sxrage may require screening such as a berm, fence, wall, or landscaping. Concept Master Plan 02'03.23 tic 445 of 630 EXHIBIT "C" Offer to Buy Form See attached. {00529338} 2 Page 446 of 630 FROM: TO: OFFER TO BUY AND ACCEPTANCE City of Waterloo, Iowa ("Buyer") PWM Companies, LLC, or assign ("Seller") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, legally described as in the abstract of title and being a part of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, consisting of acres, mil, and further described or delineated on an exhibit attached hereto, together with any easements and appurtenant servient estates, but subject to (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law (the "Property"), upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $1.00, plus the incurred and accrued carrying costs of the Seller related to Seller's ownership or development of the Property, and shall be due and payable in full at closing, to be delivered to Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. 2. POSSESSION AND CLOSING. If Buyer timely performs all obligations, possession of the Property shall be delivered to Buyer at closing. Closing shall occur by , unless extended to a later date by the parties in writing, but in any event after the approval of title by Buyer and satisfaction or waiver of other contingencies. Buyer does not agree to take possession subject to the rights of non -owner occupants, if any, now in possession. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date and any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Unless otherwise provided in this Agreement, at closing Seller shall pay Buyer, or Buyer shall be given a credit for, taxes from the first day of July prior to possession to the date of possession based upon the last known actual net real estate taxes payable according to public records. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current levy rate, assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the assessor's records on the closing date. 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, and all prior installments thereof. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Seller. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. Buyer shall pay all other special assessments or installments not payable by Seller. 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. 6. FIXTURES. Omitted. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement will be preserved by the Seller in its present condition until possession. Except as expressly set forth in this Agreement, Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property, its marketability, fitness for any particular use or purpose, or otherwise. Buyer is responsible to conduct its own investigations and inspections. {00529576} Page 447 of 630 8. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's attorney for examination, or in lieu thereof Buyer may, at its own expense, obtain whatever form of title evidence it desires. 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 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 ten (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 or the death of Seller or its assignees. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting, excepting any made necessary by its own affairs. 9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county ordinances, Buyer shall pay the costs thereof. Buyer may, at Buyer's expense prior to closing, have the Property surveyed and certified by a registered land surveyor. 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. 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. If required by law, Seller shall also provide Buyer with a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Property unless disclosed here: 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by special 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. 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. 13. REMEDIES OF THE PARTIES. A. If Buyer fail 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. A. 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. {00529576} 2 Page 448 of 630 14. 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. 15. 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. 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. Buyer is advised that members of the Seller are licensed real estate agents and/or brokers. No commission will be paid as a result of this transaction. 17. FOREIGN PERSON STATUS (FIRPTA, Foreign Investment in Real Property Tax Act). Seller represents that it is not a foreign person as defined in Internal Revenue Code § 1445 and any related regulations. At closing, Buyer will have no duty to collect withholding taxes for Seller pursuant to FIRPTA. 18. ADDITIONAL PROVISIONS. (a) 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. (b) Buyer and Seller are parties to a certain development agreement with respect to the Property and agree that Buyer's purchase and use of the Property shall be subject to the terms and conditions of said agreement. 19. ENTIRE AGREEMENT. Except as stated in paragraph 18(b), 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. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. Dated Accepted by Seller on BUYER SELLER City of Waterloo, Iowa PWM Companies, LLC (or assignee identified below) By: By: Mayor Title: Attest: Assignee: City Clerk {00529576} 3 Page 449 of 630 OFFER TO BUY AND ACCEPTANCE TO: City of Waterloo, Iowa ("Seller") FROM: PWM Companies, LLC, or assign ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, legally described as in the abstract of title and being a part of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, consisting of 90 acres, m/l, and further described or delineated on an exhibit attached hereto, together with any easements and appurtenant servient estates, but subject to (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law (the "Property"), upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $1.00, due and payable in full at closing, to be delivered to Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. 2. POSSESSION AND CLOSING. If Buyer timely performs all obligations, possession of the Property shall be delivered to Buyer at closing. Closing shall occur by June 15, 2024, unless extended to a later date by the parties in writing, but in any event after the approval of title by Buyer and satisfaction or waiver of other contingencies. Buyer does not agree to take possession subject to the rights of non -owner occupants, if any, now in possession. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date and any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Unless otherwise provided in this Agreement, at closing Seller shall pay Buyer, or Buyer shall be given a credit for, taxes from the first day of July prior to possession to the date of possession based upon the last known actual net real estate taxes payable according to public records. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current levy rate, assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the assessor's records on the closing date. 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, and all prior installments thereof. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Seller. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. Buyer shall pay all other special assessments or installments not payable by Seller. 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. 6. FIXTURES. Omitted. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement will be preserved by the Seller in its present condition until possession. Except as expressly set forth in this Agreement, Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property, its marketability, fitness for any particular use or purpose, or otherwise. Buyer is responsible to conduct its own investigations and inspections. Page 450 of 630 8. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's attorney for examination, or in lieu thereof Buyer may, at its own expense, obtain whatever form of title evidence it desires. 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 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 ten (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 or the death of Seller or its assignees. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting, excepting any made necessary by its own affairs. 9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county ordinances, Buyer shall pay the costs thereof. Buyer may, at Buyer's expense prior to closing, have the Property surveyed and certified by a registered land surveyor. 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. 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. If required by law, Seller shall also provide Buyer with a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Property unless disclosed here: 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by special 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. 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. 13. REMEDIES OF THE PARTIES. A. If Buyer fail 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. A. 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. 2 Page 451 of 630 14. 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. 15. 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. 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 17. FOREIGN PERSON STATUS (FIRPTA, Foreign Investment in Real Property Tax Act). Seller represents that it is not a foreign person as defined in Internal Revenue Code § 1445 and any related regulations. At closing, Buyer will have no duty to collect withholding taxes for Seller pursuant to FIRPTA. 18. ADDITIONAL PROVISIONS. (a) 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. (b) Buyer and Seller are parties to a certain development agreement with respect to the Property and agree that Buyer's purchase and use of the Property shall be subject to the terms and conditions of said agreement. 19. ENTIRE AGREEMENT. Except as stated in paragraph 18(b), 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. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. Dated q_ fp02. Accepted by Seller on SELLER BUYER City of Waterloo, Iowa PWM Companies, LLC (or assignee identified below) By: By: C Mayor Title: Attest: Assignee: City Clerk 3 Page 452 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving an agreement with Recollect Software of Portland, Oregon, in the amount of $36,446.60 for the first year and $31,446.60 for subsequent years two and three of a thirty -six-month contract, for the Sanitation Department, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Requesting approval of Recollect Software Contract. SUMMARY STATEMENT AND BACKGROUND INFORMATION Software will allow the Sanitation Department to provide information to residents in the manner they prefer - notifications can be sent via email or an app. Staff can send targeted messages if an issue affects only specific addresses within the city. Residents will be able to order carts, request a different size cart, pay for bulk item pickups and have notifications pushed to them via the software. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES 525-15-5400-1520 ALTERNATIVE ACTION LEGAL DESCRIPTION Page 453 of 630 ATTACHMENTS 1. 2024.03.27 Q-04103, City of Waterloo ReCollect XSell, Routeware Page 454 of 630 �� Routeware Routeware, Inc. 16525 SW 72nd Ave Portland, Oregon 97224 United States Phone: (503) 906-8500 Email: info@routeware.com Ship To Randy Bennett City of Waterloo 625 Glenwood St Waterloo, IA 50703 USA (319) 291-4267 319-291-4094 randy.bennett@waterloo-ia.org Bill To City of Waterloo 625 Glenwood St Waterloo, IA 50703 USA Order Form Order #: Q-04103-2 Agreement Term: 36 Months Offer Good Through: 3/30/2024 SALESPERSON PHONE EMAIL PAYMENT TERMS Brittany Loffredo (360) 329-2977 bloffredo@routeware.com Net 60 Statement of Confidentiality & Non -Disclosure The parties acknowledge that the City is a government entity and subject to the Federal Freedom of Information Act. Notwithstanding anything contained herein to the contrary, the City shall not be responsible to the vendor for any disclosure of Confidential Information pursuant to the Act or pursuant to City of Waterloo public records act laws, rules, regulations, instructions or other legal requirement. Routeware, Inc. retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing materials, and multi -media. BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT Q-04103-2 - 2/29/2024 Page 1 of 4 Page 455 of 630 Services PRODUCT UNIT QTY UNIT PRICE EXTENDED ReCollect Implementation (Large) Each 1 USD 5,000.00 USD 5,000.00 Services TOTAL: USD 5,000.00 Recurring Subscriptions PRODUCT UNIT QTY UNIT PRICE EXTENDED ReCollect Collection Calendar Per Month 1 USD 628.15 USD 628.15 ReCollect Waste Wizard Per Month 1 USD 215.90 USD 215.90 Mobile App Per Month 1 USD 430.95 USD 430.95 ReCollect Website Tool Per Month 1 USD 0.00 USD 0.00 ReCollect Service Request Per Month 1 USD 1,345.55 USD 1,345.55 Recurring Subscriptions TOTAL: USD 2,620.55 Q-04103-2 - 2/29/2024 Page 2 of 4 Page 456 of 630 Payment Terms - Software Fees are invoiced thirty (30) days after the Contract Start Date Order (the "Effective Service Date"). Recurring Subscriptions shall be invoiced quarterly in advance, commencing on the Effective Service Date and on each successive anniversary thereof. For all other services, Company will submit invoices for services to the Customer by the 10th of the month following the month in which Company provided services and Company's invoice will have a date, an invoice number, a purchase order number and a description of the goods or services. Terms & Conditions Information This Order and all products and services herein are subject to and limited to the terms and conditions located at https:// www.routeware.com/Clients. Any purchase orders issued in response to this Order, will be deemed acceptance of such terms. http://www.routeware.com/Clients Password: RWClientl! If Applicable - Prices are exclusive of any federal, state, or local taxes. The customer is responsible for all federal, state, and local taxes, if applicable. Any lapse in support voids perpetual license. Pricing does not include freight cost or travel expenses, which will be invoiced as they are incurred. Additional Terms - Customer is authorized to employ the aforementioned solution(s) for a maximum of one hundred thousand (100,000) residents or up to thirty-five thousand (35,000) service addresses, whichever is achieved first. Additional charges will be incurred if the solution(s) are used beyond either of these specified limits. Sourcewell Member ID: 2491 Sourcewell Contract: 041521-RCS A mutually agreed -upon Statement of Work (SOW) for the implementation is required prior to contract execution. The hours included in this order and the accompanying Statement of Work represent our best estimate of hours required for the Project, based on our experience. You understand and agree that actual fees may differ. All fee and timeline estimates are based on the information provided to us to -date, including your system requirements and resource allocations. It does not account for presently unknown circumstances that create uncertainty. These include, for example, your level of participation, complexity of your processes and requirements, unknown system and data elements, changes in scope of work, changes in assumptions, delays caused by you or third parties, or other conditions outside of our reasonable control. We will notify you if we expect to exceed cost or timeline estimates, and this will be addressed through the change order process described below. We will work with your Project Manager to help manage the scope of the Services within the estimate provided. However, both parties acknowledge and agree that actual fees may differ from this estimate. If we determine there has been a change in or unsuccessful completion of responsibilities or assumptions set forth in this Proposal, a change order may be required. In addition, any Project changes, including to address unknown circumstances, additional work requested by you or changed requirements, will require a Change Order. Change Orders may also impact the Project timeline. You understand that, in all instances, Routeware's compensation will be based upon the work actually performed and expenses actually incurred. Q-04103-2 - 2/29/2024 Page 3 of 4 Page 457 of 630 City of Waterloo Signature: Date: Name (Print): Title: Routeware, Inc., and affiliates Signature: Date: Name (Print): Title: Please sign and email to Brittany Loffredo at bloffredo@routeware.com FOR INTERNAL USE ONLY Reviewed By: Q-04103-2 - 2/29/2024 Page 4 of 4 Page 458 of 630 Routeware Purpose Statement of Work This Statement of Work ("SOW") and any addenda attached hereto, sets forth the deliverables associated with the Routeware implementation of licensed software/subscription services (hereafter "Product" or "Services") as determined by the applicable Master Sales and License Agreement and Professional Services Agreement, hereafter "Agreement", executed by Customer Name ("Licensee" or "Customer" or "Subscriber") and Routeware ("Licensor" or "Provider"). This SOW and attached Addenda set forth the Scope and Objectives, Project Stages, Project Governance and Objectives, Gate Checks and Lifecycle Stages, and Change Management, applicable to the implementation of the Product or Services as further identified within the Routeware line of business below: IZReCollect (RC) • 11 Waste Wizard • 11 Collection Calendar • r Mobile Ap • ❑Waste Sorting Game • r Service Request • ❑Curbside Audit Routeware's Gate Checks Routeware will develop a Project Plan to manage the implementation lifecycle and to report on progress. Any requests for deviations to the Project Plan will be documented, reviewed and approved by the respective project managers for Customer and Routeware. In addition, a summary of requested changes will also be reviewed during the scheduled Gate Check reviews. Changes must be mutually approved by both parties. As part of its standard and proven project execution, Routeware will structure the project into several phases designed to ensure success. Routeware will work collaboratively with Customer to develop a plan that details requirements, assigns responsibilities, and sets due dates — to best achieve the goal of meeting the designated go -live date with a minimum of business disruption. From the onset of the project, Routeware will assign a core implementation team. Routeware will execute Gate Check reviews at the completion of the System Configuration, Implementation, and Customer Readiness stages of the project lifecycle. The Gate Check reviews provide the following: Stage 1 - Initiation The Initiation Stage includes the comprehensive planning and resource scheduling for the duration of the project, including a review of the approach and governance, the cadence for status reporting, and clarification of roles and responsibilities for Routeware and Customer project team members. ROUTEWARE CONFIDENTIAL PAGE 1 OF 5 Page 459 of 630 Routeware Statement of Work Stage 2 - System Configuration The System Configuration Stage includes the requirements confirmation interview, documentation, and approval, along with the initial solution configuration based on Routeware's best practices for a specific customer's needs, and the import of customer data. This "Future State" is documented, reviewed and approved by the Customer, including a validation of the data imported, upon which time the environment is provisioned, the solution installed, and the customer provided access to the solution. Stage 3 -Implementation The Implementation Stage includes progressive "targeted" training and begins the Solution Familiarization process for key users, along with the creation of a validation plan to be used during the Customer Readiness Stage. The Routeware team performs an internal verification that the solution, as configured, is operating properly, and aligns with the approved requirements and future state configuration, reaching the milestone referred to as being "Solution Complete". Stage 4 - Customer Readiness The Customer Readiness Stage includes Scenario -based Training, followed by the Customer's end -to -end validation of the solution across business scenarios/use cases identified and configured during the System Configuration and Implementation Stages. Scenario -based training - typically conducted with customer -identified "Super Users" - follows a tell, show, do model, where the individual delivering the training outlines the scenario, then demonstrates the scenario, and finally the Super Users complete an end -to -end example themselves using the "happy path", a clean, well -executed process without exceptions. Upon completion of the Validation Plan, the milestone of "Solution Acceptance" is confirmed by the Customer, and the project transitions into the Go Live Stage. Stage 5 — Go Live The Go Live Stage includes final training and practice for End Users and Drivers, with a focus on what a user needs to do in the system to complete the duties of a particular role, including handling of typical "operational exceptions" encountered on a day-to-day basis. The final system cutover is performed and Routeware provides assistance to Customer during the Go Live event and stabilization period, helping to triage, manage and resolve issues that may arise, followed by a transition to Support and project closeout. Services The Scope of Services outlined below provide a breakdown of the key components and Gate Checks of the Routeware Implementation and the corresponding deliverables provided by Routeware and the customer. Routeware Deliverables Customer Deliverables Initiation Key Activities Include: • Project Kick -Off • Develop Implementation Plan/Key Milestones • Complete Pre -Implementation Documents Key Activities Include: • Define/Assemble Project Team • Project Planning • Define measures of project success Key Deliverables Include: • Process Questionnaires ROUTEWARE CONFIDENTIAL PAGE 2 OF 5 Page 460 of 630 Routeware Statement of Work • Provide Documented Process to model recommended configuration • Provide Sample Data Sets System Configuration Key Activities Include: • Review, Document, and Approve Business Requirements o Scenarios o Reporting o Integrations o Data Workshop/Data Import • Define, Configure, Document and Approve Future State • Conduct Status Meetings • Install Solution(s) Key Deliverables Include: • Review Business Requirements • Environment Provisioning/Solution Installation • Data Import • Solution Configuration o Users o Customers o Equipment o Routes o Codes o Other Applicable Data Key Activities Include: • Customer completes recommended product training • Attend all system configuration sessions • Complete all action items after each system configuration session • Required configuration and testing • Internal process review Key Deliverables Include: • Approved Business Requirements • Provide Data for Import o Accepted file formats include CSV or XML o Updated Data Sets as requested • Approved Future State Configurations • Enumeration of Test Plans Implementation Key Activities Include: • Targeted Training • Solution Familiarization Exercises • Solution Complete Milestone • Conduct Status Meetings Key Deliverables Include: • Session Agendas • Targeted Training • Final Solution Configuration • Implementation Gate Check • Project Plan Revisions Key Activities Include: • Attend all implementation sessions • Complete Solution Familiarization Exercises • Attend all Status Meetings • Being Work on Change Management Activities Key Deliverables Include: • Solution Familiarization Activities • Data Maintenance • Transaction Practice • Solution Validation • Usage Documentation and/or Standard Operating Procedures (SOPs) Customer Readiness Key Activities Include: • User Training • Solution Acceptance Milestone • Conduct Status Meetings • Update Project Plan Key Activities Include: Key Deliverables Include: • Solution Validation Activities • End -User Training Plans • Approval/Sign-Off • Solution Acceptance ROUTEWARE CONFIDENTIAL PAGE 3 OF 5 Page 461 of 630 Routeware Statement of Work Go Live Key Activities Include: Key Activities Include: • End User Training and Practice • End User Training and Practice • Go Live Cutover • Issue Triage and Management • Issue Management and Stabilization • Transition to Support • Project Closeout Key Deliverables Include: • Go Live Cutover and Stabilization Assistance • Issue Management and Resolution • Transition to Support • Project Closeout Assumptions • All data to be imported will be provided in the Routeware-approved CSV, SQL or XML format, and will not require transformation during the import process. • The Customer will provide adequate resources and key decision makers required to meet tasks associated with implementation milestones. • The Routeware Project Manager will be the primary contact throughout the project, will coordinate the efforts of Implementation Consultants and Subject Matter Experts (SMEs) throughout the project, and will establish a cadence of Status Meetings with Customer. • The data import process will validate the integrity of the data, and exceptions provided back to Customer for resolution prior to final import. SOW Change Order Changes to an SOW will require a written Change Order signed by the parties prior to implementation of the changes. Such changes may include, for example, changes to the scope of work and any corresponding changes to the estimated Fees and schedule for the performance of the applicable Services. Upon Routeware's receipt of a Change Order request from Customer, Routeware will promptly notify Customer if Routeware believes that the Change Order request requires an adjustment to the Fees or to the schedule for the performance of the applicable Services. In such an event, the parties will negotiate in good faith a reasonable and equitable adjustment to the Fees and/or schedule, as applicable. During such negotiations, Routeware may continue to perform Services pursuant to the existing SOW and will have no obligation to perform Services pursuant to the Change Order request unless and until the parties have executed an applicable Change Order. Any time and materials that are required to evaluate a Change Order request are billable at Routeware's then -current standard rates. Pricing An estimate for the Routeware Professional Services stated herein is set forth in the Order Form(s) # Q-04103 and is based on Time and Materials required as related to the Product or Service, Routeware's current understanding of Customer's business requirements, and the expected future state of the project or a Fixed Fee. ROUTEWARE CONFIDENTIAL PAGE 4 OF 5 Page 462 of 630 Routeware Statement of Work Any new SOW or changes or requests for additional services hereunder shall incur additional charges billed at Routeware's then current rates. The estimated fees are provided for budgetary purposes only. Fees to Professional Services will be billed on either a Time and Materials or Fixed Fee basis, as specified below, and shall be payable to Routeware in consideration for the Professional Services provided under this SOW. Fixed Fee Professional Services Description Total Project Management, Implementation Consultant, Data Team Project Planning, Resource Coordination, Status Reporting, Budget, Risk and Issue Management $5,000 Fees shall be payable in accordance with the terms of the Governing Agreement. Fees do not include charges for any taxes imposed by any government authority on the provision of Professional Services to you, and you shall pay any such taxes upon our invoice, including without limitation any sales or use tax a governmental authority may impose on the provision of Professional Services to you (but excluding any taxes based upon our net income) if applicable. In addition to paying the fees described above, you will reimburse us for reasonable travel, lodging and other expenses incurred in connection with Professional Services under this SOW, provided that such expenses shall not be reimbursable unless (a) the expense or cost is pre -approved by you in writing or via email, and (b) we have provided you with receipts or other documentation reasonably substantiating such expenses or costs as part of the reimbursement request. City of Waterloo Routeware Inc. By: By: Printed Name: Printed Name: Title: Title: Date: Date: ROUTEWARE CONFIDENTIAL PAGE 5 OF 5 Page 463 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Public Works Department AGENDA ITEM TITLE Resolution establishing a Residential Handicap Parking Policy. RECOMMENDED COUNCIL ACTION Requesting approval of Handicap Parking Policy. MEETING DATE April 15, 2024 SUMMARY STATEMENT AND BACKGROUND INFORMATION We have received questions from residents regarding handicap parking in residential areas. Suggested policy based on conversations with other cities and what those cities allow for handicap parking in residential areas. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Residential Handicap Parking Policy 4-3-2024 Page 464 of 630 Page 465 of 630 Residential On -Street Parking for People with Disabilities Policy A residential handicap parking spot can be designated upon request by a resident if the conditions of this policy are met. The following rules shall govern residential on -street parking spots for persons with disabilities: Application Form: Anyone requesting a residential handicap parking spot must apply on the application form prepared by the City and submit it along with the required documents to the City of Waterloo Traffic Operations Department. The applicant must provide their name, address, phone number, and, if available, email address. Requirements: 1. Applicant must provide proof of valid State of Iowa Persons with Disabilities Parking Permit number (sticker, or tag, or license plate). 2. Applicant must provide proof of residency. 3. The handicap location requested must be along the property line of the property where the applicant resides. 4. If the property where the applicant resides has an off-street parking facility, the applicant must provide an explanation of why the off-street parking cannot be used. Fees: 1. Upon approval the applicant will be charged a fee of $100 covering the cost of materials. 2. The fee can be waived if proof of low income is provided to the City of Waterloo. Proof could include a Supplemental Nutrition Assistance Program (SNAP or food stamp) card, Medicaid card, W-2, or other proofs of income. To be considered for fee waiver, income levels must meet the Medicaid or SNAP qualifying incomes. Renewal: After a residential handicap parking spot is installed, the applicant must request an extension of the handicap parking in the month of March of the following year and each year thereafter. If the City does not receive a renewal request, the handicap parking will be removed. Extension request must accompany proof of a valid State of Iowa Persons with Disabilities Parking Permit. Page 466 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving an Iowa Department of Transportation Federal -Aid Agreement for Transportation Alternatives Program (TAP) Project funds, in conjunction with the FY 2024 La Porte Road Improvements, Phase I, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Agreement is for the trail to be built along La Porte Road from Shalis Road to the KOA campground entrance. See agreement for funding information. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 467 of 630 1. HDP-8155(775)--71-07 2-24-TAP-015(2) Page 468 of 630 January 2023 IOWA DEPARTMENT OF TRANSPORTATION Federal -Aid Agreement for a Transportation Alternatives Program (TAP) Project Subrecipient: City of Waterloo Project Number(s): HDP-8155(775)--71-07 Iowa DOT Agreement Number: 2-24-TAP-015 This agreement, made as of the date of the last party's signature below, is between the City of Waterloo (hereinafter referred to as Subrecipient) and the Iowa Department of Transportation, the federal pass - through entity (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Subrecipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with federal funds. Federal regulations require federal funds to be administered by the Department. The federal -aid highway funds included in this agreement are jointly implemented by the Federal Highway Administration (FHWA) and the Department. The Subrecipient has received federal funding through the Transportation Alternatives Program (TAP), which is funded by the Transportation Alternatives Set -aside of the Surface Transportation Block Grant Program (TA Set -aside), as codified in Section 133(h) of Title 23, United States Code (U.S.C.), which are hereinafter referred to as TA Set -aside funds. The Catalog of Federal Domestic Assistance (CFDA) number and title for this funding is 20.205 Highway Planning and Construction. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide the funding named above to the Subrecipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Subrecipient shall be responsible for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be Dillon Feldmann, Eastern Region Field Engineer in the Local Systems Bureau. The Subrecipient's contact person shall be Jamie Knutson, City Engineer. 3. The Subrecipient shall be responsible for the development and completion of the following described project: Separated trail facility parallel to La Porte Rd from Shaulis Rd N 0.32 miles to KOA Campground entrance. 4. The Subrecipient shall receive reimbursement for costs of authorized and approved eligible project activities under the TAP program from TA Set -aside funds. The portion of the project costs reimbursed with TA Set -aside funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other federal funds) or the amount listed ($151,328) in the 1 Page 469 of 630 January 2023 Iowa Northland Regional Council of Governments current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Section 133(h) of Title 23, United States Code (U.S.C.), and determined by the Department to be eligible. 5. Eligible project costs in excess of the amount reimbursed by the Department above will be considered the local contribution and may include cash, non -cash or approved state fund contributions, subject to Department approval. The local contribution must equal a minimum of 20 percent of eligible project costs. The subrecipient shall certify to the Department the value of any non -cash contribution to the project prior to it being incurred and in accordance with the procedures outlined in the applicable Instructional Memorandum to Local Public Agencies (I.M.$). The Department retains the sole authority to determine the eligibility and value of the Subrecipient's non -cash contribution for the purposes of this agreement. If the Subrecipient's total cash and non - cash contribution is determined by the Department to be less than that required by this agreement, the Subrecipient shall increase its cash contribution or the grant amount associated with this project shall be reduced accordingly. 6. The Subrecipient must have let the contract or have construction started within two years of October 1, 2023. If the Subrecipient does not do this, they will be in default for which the Department can revoke funding commitments. The Department may approve extensions of this agreement for periods up to six months upon receipt of a written request from the Subrecipient at least sixty (60) days prior to the deadline. 7. If the Subrecipient fails to perform any obligation under this agreement, the Department shall have the right, after first giving thirty (30) days written notice to the Subrecipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Subrecipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Subrecipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Subrecipient remains in default. 8. This agreement may be declared to be in default by the Department if the Department determines that the Subrecipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application and according to the requirements of this agreement. 9. In the event a default is not cured the Department may do any of the following: a) revoke funding commitments of funds loaned or granted by this agreement; b) seek repayment of funds loaned or granted by this agreement; or c) revoke funding commitments of funds loaned or granted by this agreement and also seek repayment of funds loaned or granted by this agreement. By signing this agreement the Subrecipient agrees to repay said funding if they are found to be in default. Repayment methods may include cash repayment, installment repayments with negotiable interest rates, or other methods as approved by the Department. 2 Page 470 of 630 January 2023 10. The Subrecipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non -primary Highways, which is attached hereto and by this reference is incorporated into this agreement. 11. The Subrecipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the Department. 12. This agreement is not assignable without the prior written consent of the Department. 13. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third -party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 16. This agreement and the attached exhibit constitute the entire agreement between the Department and the Subrecipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Subrecipient. 3 Page 471 of 630 January 2023 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. SUBRECIPIENT: City of Waterloo By: Date Title: CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Transportation Development Division 800 Lincoln Way, Ames, Iowa 50010 Tel. 515-239-1664 By: Date Dillon Feldmann, P.E. Eastern Region Field Engineer Local Systems Bureau 4 Page 472 of 630 January 2023 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Subrecipient shall be responsible for the following: 1. General Requirements. a. The Subrecipient shall take the necessary actions to comply with applicable state and federal laws and regulations. To assist the Subrecipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: https://iowadot.gov/local_systems/im/Ipa-ims. The Subrecipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Subrecipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Subrecipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The Subrecipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements which includes the requirement to provide a copy of the Subrecipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The Subrecipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the Subrecipient shall make such facilities compliant with the ADA and Section 504, which includes following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the Subrecipient agrees to indemnify, defend, and hold the Department harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by 2 CFR 200.501 "Audit Requirements," a non-federal entity expending $750,000 or more in federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal 5 Page 473 of 630 January 2023 Domestic Assistance (CFDA) number and title as shown in this agreement. If the Subrecipient will pay initial project costs and request reimbursement from the Department, the Subrecipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Subrecipient shall not report this project on its SEFA. f. The Subrecipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Subrecipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Department -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subrecipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Department -assisted contracts. ii. The Subrecipient shall comply with the requirements of I.M. 5.010, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de - appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Subrecipient with written notice of termination pursuant to this section. 6 Page 474 of 630 January 2023 2. Programming and Federal Authorization. a. The Subrecipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Subrecipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, federal funds cannot be authorized. b. Before beginning any work for which federal funding reimbursement will be requested, the Subrecipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Subrecipient shall submit a written request for FHWA authorization to the Department. After reviewing the Subrecipient's request, the Department will forward the request to the FHWA for authorization and obligation of federal funds. The Department will notify the Subrecipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with federal funds. c. Upon receiving FHWA authorization, the Subrecipient must show federal aid funding activity to receive the programmed amount authorized for the project. If there is no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the Subrecipient knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of funds can be adjusted or other options can be explored. d. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government's listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. e. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 3. Federal Participation in Work Performed by Subrecipient Employees. a. If federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 3.330, Federal -aid Participation in In -House Services. 7 Page 475 of 630 January 2023 b. If federal reimbursement will be requested for construction performed by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 6.010, Federal -aid Construction by Local Agency Forces. c. If the Subrecipient desires to claim indirect costs associated with work performed by its employees, the Subrecipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost rate proposal shall be certified by the FHWA or the federal agency providing the largest amount of federal funds to the Subrecipient. If approved, the approved indirect cost rate shall be incorporated by means of an addendum to this agreement. 4. Design and Consultant Services a. The Subrecipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Subrecipient requests federal funds for consultant services, the Subrecipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Subrecipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal -aid Participation in Consultant Costs. 5. Environmental Requirements and other Agreements or Permits. a. The Subrecipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Subrecipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions; 4.020, NEPA Process; 4.110, Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Subrecipient shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. c. The Subrecipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Subrecipient shall follow the procedures in I.M. 4.130, 404 Permit Process; 4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations; 4.160, Asbestos Inspection, Removal and Notification Requirements; and 4.190, Highway Improvements in the Vicinity of Airports or Heliports. d. In all contracts entered into by the Subrecipient, and all subcontracts, in connection with this project that exceed $100,000, the Subrecipient shall comply with the requirements of Section 8 Page 476 of 630 January 2023 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Subrecipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The Subrecipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the Department's Right of Way Bureau Local Public Agency Manual. The Subrecipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds are used for right-of-way activities. The Subrecipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Subrecipient requests federal funding for right-of-way acquisition, the Subrecipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay the amount of federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Subrecipient shall obtain agreements, easements, or permits as needed from the railroad. The Subrecipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Subrecipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Subrecipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Subrecipient for the project may be eligible for federal funding reimbursement. The Subrecipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. e. If the Subrecipient desires federal reimbursement for utility costs, it shall submit a request for FHWA authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Construction Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: 9 Page 477 of 630 January 2023 a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Subrecipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Subrecipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents in Doc Express. c. For projects that are let locally by the Subrecipient, the Subrecipient shall follow the procedures in I.M. 5.120, Local Letting Process, Federal -aid. d. The Subrecipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project shall not receive FHWA authorization for construction or be advertised for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Subrecipient is a city, the Subrecipient shall comply with the public hearing requirements of the Iowa Code section 26.12. f. The Subrecipient shall not provide the contractor with notice to proceed until after receiving notice in Doc Express that the Department has concurred in the contract award. 8. Construction. a. A full-time employee of the Subrecipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Subrecipient shall comply with the procedures and responsibilities for materials testing according to the 10 Page 478 of 630 January 2023 Department's Materials I.M.s applicable to the letting. Available on-line at: https://www.iowadot.gov/erl/index.html. d. For projects let locally, the Subrecipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Subrecipient, the Department will bill the Subrecipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The Subrecipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the Subrecipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least once every six months but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Subrecipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation. The Department will reimburse the Subrecipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the federal share of construction costs or 5% of the total federal funds available for the project, whichever is less. Reimbursement will be made either by state warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Subrecipient has been overpaid, the Subrecipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Subrecipient has provided all required paperwork, the Department will release the federal funds withheld. e. The total funds collected by the Subrecipient for this project shall not exceed the total project costs. The total funds collected shall include any federal or state funds received, any special assessments made by the Subrecipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total 11 Page 479 of 630 January 2023 funds collected by the Subrecipient do exceed the total project costs, the Subrecipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. Refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate state fund account in the amount of refunds received from the Subrecipient. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Subrecipient shall provide written notification to the Department and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal -aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The Subrecipient may be suspended from receiving federal funds on future projects. b. For construction projects, the Subrecipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of federal funds shall be made only after the Department accepts the project as complete. d. The Subrecipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Subrecipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the federal government. Copies of these materials shall be furnished by the Subrecipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the Department will notify the Subrecipient of the record retention date. e. The Subrecipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. 12 Page 480 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Chris Youngblut, Information Services Director Information Services Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving an agreement with 3-GIS LLC, for Fiber Optic Network Asset Management Software, in the amount of $111,850.00 over three years, in conjunction with the FY 2024 Fiber Optic Network Asset Management RFP, Contract No. 1098, and authorizing the Mayor and Telecommunications Director to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This is GIS Software that will allow Waterloo Fiber (and City staff) to maintain both FTTP fiber and Backbone Fiber. It will be critical in locating and maintaining fiber services. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Will be paid for out of dollars set aside for software for Waterloo Fiber. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 481 of 630 ATTACHMENTS 1. Waterloo_-_3-GIS_On-Prem_Master_April_2024 2. Waterloo_Fiber Order_01_-_3-GIS_ON_PREM_April_2024 Page 482 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Licensed Software and Professional Services Master Agreement Customer Number C-2022-10-02874 This Licensed Software and Professional Services Master Agreement (the "Agreement") dated as of the Effective Date is by and between City of Waterloo, Iowa and Waterloo Fiber ("Customer"), a Iowa Municipality, having an office at 625 Glenwood St. Waterloo, IA 50703 and 3-GIS, LLC an SSP Innovations Company ("3-GIS"), an Alabama limited liability company, having an office at 6766 S. Revere Parkway, Suite 100, Centennial, CO 80112 (each a "Party" and collectively the "Parties") WHEREAS, Customer desires to obtain 3-GIS Licensed Software and related professional services and 3- GIS desires to provide Customer access to such offerings, subject to the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. DESCRIPTION OF SOFTWARE LICENSE AND SERVICES AGREEMENT 3-GIS will make available to Customer certain proprietary Licensed Software, including related proprietary Documentation, and Maintenance, in addition to Services, all as specifically described in individual Orders to this Agreement. Each Order will include a description of the Licensed Software and Services to be provided or performed, any associated Deliverables, and the associated fees. Before 3-GIS will provide any Licensed Software or perform any Services, Customer must execute a corresponding Order. 3-GIS and Customer agree to the incorporation of the following attachments and such additional terms are made a part of this Agreement by reference: 1.General Terms and Conditions; 2. Licensed Software License Terms and Conditions - Attachment A; 3.Addendum for Google Street View Tile Access — Attachment B; 4. Base Maintenance Terms and Conditions — Attachment C; 5.Services Terms and Conditions — Attachment D; 6.3-GIS Software Support Plan — Attachment E; and 7.API License Terms and Conditions — Attachment F. II. CUSTOMER AND 3-GIS CONTACTS City of Waterloo and Waterloo Fiber Chris Youngblut Director of Technology 625 Glenwood St. Waterloo, IA 50703 Tel No 319-291-4598 Email: chris.youngblut@waterloo-ia.org 3-GIS, LLC an SSP Innovations Company Dean Perry Chief Business Development Officer 6766 S. Revere Parkway, Suite 100 Centennial, CO 80112 Tel No 720-229-0227 Email Dean.perry@sspinnovations.com 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. 3-GIS On -Premise Master License Agreement [v2.9/220921] Page 1 of 29 Page 483 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC SIGNATURE PAGE FOLLOWS 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 2 of 29 Page 484 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC In consideration of the mutual obligations assumed under this Agreement, Customer and 3-GIS agree to the terms and conditions set forth in this Agreement and represent that this Agreement has been executed by each Party's duly authorized representative. AGREED BY: City of Waterloo, Iowa 3-GIS, LLC n SPsliifidr vations Company By: By: iftt44.41t, iaLiMitt uou36taiuu' ... Name: Quentin Hart Name Jonathan Jachimiec Title: Mayor Date: Waterloo Fiber By: Name: Andrew Van Fleet Title: Telecom Board Chair Date: 1. DEFINITIONS. Title: Chief Financial Officer Date: 12 April 2024 1 10:37 CDT GENERAL TERMS AND CONDITIONS 1.1 "3-GIS IP" means 3-GIS or 3-GIS Affiliate developed, created, or prepared Intellectual Property, but does not include Customer Data. 1.2 "Affiliate" of a Party means any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person. The term "control" (including the terms "controlled by" and "under common control with") means the direct or indirect power to direct or cause the direction of the management and policies of a Person, whether through the majority ownership of voting securities or by contract. 1.3 "Business Day" means a day other than Saturday, Sunday, or 3-GIS' company holidays. 1.4 "Business Hours" means 8:00 a.m. to 5:00 p.m. US Central time on Business Days. 1.5 "Change" means any modification to the terms of an Order. 1.6 "Change Order" means any document agreed to by both Parties to effectuate a Change. 1.7 "Confidential Information" means information of a Party to this Agreement which is provided or disclosed to the other and is marked as confidential or proprietary. lithe information is initially disclosed orally then it must be designated as confidential or proprietary at the time of the initial disclosure or within twenty (20) days after disclosure, the information must be reduced to writing and marked as confidential or proprietary. No information of the disclosing Party will be considered Confidential Information to the extent the information: 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 3 of 29 Page 485 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC (a) is in the public domain through no fault of the recipient either before or after disclosure; or (b) is in the possession of the recipient prior to the disclosure, or thereafter is independently developed by recipient's employees or consultants who have had no prior access to the information; or (c) is rightfully received from a Third Party without breach of any obligation of confidence. 1.8 "Customer Data" means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer to 3-GIS. 1.9 "Deliverable" means any written summary of results or any other written data, information, Document Deliverable, Software Deliverable, or other tangible materials provided to Customer and identified as a Deliverable in the Order. 1.10 "Document Deliverable" means any written summary of results or any other written data, information, or materials provided to Customer including data, comments, and conclusions pertaining to the Professional Services performed pursuant to the Order. 1.11 "Documentation" means, for a particular Release of the Licensed Software, 3-GIS' proprietary materials and written information applicable to such Release, which is generally included with such Release at no additional charge, whether provided as printed material, as a document file, or online. Documentation normally includes, but is not limited to, a user guide and release content letters. For the avoidance of doubt, Documentation does not include any sales or marketing literature or other documentation that is not generally delivered with a Release of the Licensed Software. All Documentation shall be provided in English. 1.12 "Effective Date" means the date and time the last of the executing Parties to the Agreement in fact executes the Agreement. 1.13 "Fixed Price Services" means Services provided for a fixed fee as set forth in the Order. 1.14 "Intellectual Property" means all forms of intellectual property including, but not limited to, patents, trademarks, copyrights, trade secrets, methodologies, logos, techniques, processes, know-how, formulae, algorithms, logic designs, screen displays, schematics, source and object code computer programs or software, documents, mask work rights, design, ideas, product information, inventions and improvements thereto (whether or not patentable), and all works of authorship fixed in any medium of expression (including any form of online, digital, or electronic medium), whether or not copyrightable and whether registered or not. 1.15 "Licensed Software" means the proprietary software of 3-GIS that is in fact licensed to Customer pursuant to the terms of this Agreement, provided in object code form only, along with any Documentation, all associated files, disk, CD-ROMs, or other media on which the Licensed Software is provided, and any modifications, derivatives, adaptations, or customizations thereof or related thereto, whether or not such modifications, derivatives, adaptations, or customizations are provided pursuant to Support Services or otherwise. 1.16 "Malicious Code" means a computer program or piece of code that intentionally corrupts computing systems, software, and/or computer networks, including any so-called "worms" or "viruses". 1.17 "Named User" means an individual who is an employee or contractor of Customer authorized by Customer to use Licensed Software installed on the Customer's system, for whom Customer has obtained 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 4 of 29 Page 486 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC a license to the Licensed Software, and who has been supplied a unique Named User identification and password. 1.18 "Non -Production Environment" means the computing environment composed of hardware systems and software applications being used only for the Customer's internal test, training, and development use. 1.19 "Order" means each documented purchase of any item or service referencing this Agreement and executed by authorized representatives of both Parties. 1.20 "Person" means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity. 1.21 "Professional Services" means the work, services, projects, assignments, or tasks 3-GIS shall perform as specifically set forth in an Order. 1.22 "Service(s)" means Professional Services, and/or Support Services as described in an Order. 1.23 "Software Deliverable" means the instructions for a computer, whether in the form of source code, object code, executable code, firmware, or otherwise and whether tangible or intangible, that is provided to Customer as a result of the performance of the Professional Services. For the avoidance of doubt, neither 3-GIS licensed software products nor the Licensed Software are Software Deliverables. 1.24 "Specification" means the technical and functional requirements for a Service or Deliverable as included in an Order or as otherwise agreed to in writing by the Parties. 1.25 "Third Party" means any Person not a signatory to this Agreement. 1.26 "Third Party Software" means any software that is not 3-GIS IP. 1.27 "Time and Materials Services" means 3-GIS will perform the Professional Services set forth in an Order on a per unit of time basis until the project is either completed or the authorized time is exhausted, whichever comes first. 2. EFFECTIVE DATE. This Agreement is effective on the date this Agreement is signed by both parties ("Effective Date") and is valid until the expiration or termination of the Agreement. 3. FEES AND EXPENSES. Customer shall pay 3-GIS (a) License Fees, (b) Maintenance Fees, (c) Support Services Fees, and/or (d) fees for all other Services as applicable in the amounts stated in an Order. The fees for Services may be either a fixed price fee or a time and materials fee based upon the actual time worked and the applicable fee schedule, as indicated in an Order. Customer shall also reimburse 3-GIS for all reasonable expenses incurred in connection with the provision of the Licensed Software or Services, including travel, lodging, meals, and telephone costs. Actual travel time will be charged for services requiring more than three (3) hours of travel each way. 3-GIS reserves the right to limit Services to no more than eight (8) hours within a 24-hour period. 4. BILLING. For license fees and for Fixed Price Services, 3-GIS shall submit invoices to Customer according to the invoicing schedule set forth in the applicable Order or, if no invoicing schedule is provided, upon delivery of the Licensed Software or initiation of the Fixed Price Service. For reimbursable expenses and Services provided under a time -and -materials fee, 3-GIS shall submit monthly invoices to Customer, and Customer shall pay 3-GIS for Services rendered and expenses incurred as set forth on such invoice. 5. PAYMENTS. Automated Clearing House (ACH) is the required form of payment. Payments to 3-GIS must be in United States dollars. Invoice number should be referenced for all payments. 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 5 of 29 Page 487 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC ACH: Depository Name 3-GIS, LLC 6766 S Revere Parkway, Suite 100 Centennial, CO 80112 Bank Address KeyBank National Association 1675 Broadway, Suite 1400 Denver, CO 80202 Bank Telephone Number: 720-904-4351 Bank Contact: Stephanie Jackson Routing Number ACH/Wire: 307070267 Account Number: 769681106159 International Wire Swift Code: KEYBUS33 Type of Account: Checking Please send an email to: ar@sspinnovations.com immediately following ACH payment. For all other questions or concerns, please send an email to ar@sspinnovations.com or by phone at 720-613-1480. Customer shall pay invoiced amounts within thirty (30) days of the date on the invoice. 3-GIS reserves the right to require Customer to secure an irrevocable, standby letter of credit from a bank acceptable to 3-GIS to support payments to 3-GIS for any order placed pursuant to this Agreement at Customer's sole cost and expense. The letter of credit shall be in an amount as determined by 3-GIS and may not expire prior to one hundred twenty (120) days from its issuance. 6. OVERDUE PAYMENTS. If Customer fails to make any payment when due then, in addition to all other remedies that may be available: (i) 3-GIS may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the maximum rate permitted under applicable law; and (ii) if such failure continues for thirty (30) or more days following any notice that a payment is overdue, 3-GIS may suspend performance of any service ordered pursuant to this Agreement, including returning any on -site personnel to their usual work locations, until all past due amounts and interest thereon have been paid. The costs and expenses of any ramp -down and any subsequent re -start occasioned by this clause (including travel expenses) shall be fully borne by Customer. 3-GIS shall incur no liability to Customer or any Person as a result of a suspension occasioned by this clause. 7. TAXES. Fees payable under this Agreement are exclusive of taxes. Customer shall pay or reimburse 3- GIS for all transactional taxes ("Transactional Taxes"), including but not limited to value added, income, withholding, sales, or use taxes, customs or import duties, or other transactional assessments or levies imposed by any authority, government or government agency in connection with this Agreement, but excluding any taxes imposed on the net income of 3-GIS. If 3-GIS, its subcontractors, and/or their respective employees are required to pay any Transactional Taxes in connection with this Agreement, the fees under this Agreement shall be correspondingly increased. If, after the effective date of this Agreement, there are changes or developments which may result in an increase in any Transactional Taxes, and/or any new Transactional Taxes are levied upon the transactions contemplated by this Agreement, or if the methods of administering or the rates of any such Transactional Taxes are changed, and such new taxes or modified Transactional Taxes result in an increased potential transactional tax liability for 3-GIS, its subcontractors, and/or their respective employees under this Agreement, the fees under this Agreement shall be correspondingly increased. If Customer fails to pay any fees under this 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 6 of 29 Page 488 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Agreement, or any associated taxes, duties, levies or assessments, Customer shall pay all reasonable expenses incurred by 3-GIS, in collecting these sums, including reasonable attorney's fees, interest and penalties. Customer shall provide to 3-GIS a summary of all amounts withheld during the year no later than thirty (30) Business Days after December 31 of each year, addressed to: 3-GIS by SSP Innovations Attention: Accounts Receivable 6766 S Revere Parkway, Suite 100 Centennial, CO 80112 8. CONFIDENTIALITY/NON-DISCLOSURE 8.1 Use of Confidential Information. Confidential Information disclosed by either Party to the other in connection with the Agreement will be used by the recipient Party only for the performance of this Agreement. 8.2 Disclosure of Confidential Information. Confidential Information disclosed under this Agreement by one Party to the other will be protected by the recipient from further disclosure, publication, and dissemination to the same degree and using the same care and discretion as the recipient applies to protect its own confidential or proprietary information from undesired disclosure, publication and dissemination. Except as set forth in the following paragraph, neither Party will disclose the other's Confidential Information to any Third Party, other than an Affiliate, without prior written consent from the other Party. If Confidential Information is required by law, regulation, or court order to be disclosed, the recipient must first notify the disclosing Party and permit the disclosing Party to seek an appropriate protective order. 8.3 Disclosure to Employees and Consultants. Confidential Information disclosed under this Agreement may be disclosed to a receiving Party's employees (including contract employees) or consultants who participate in the Services if the employees and consultants have been made aware of their responsibilities under this Agreement and the consultants (including contract employees) have signed a statement agreeing to be bound by the terms of this Agreement with respect to confidentiality. 8.4 Misuse of Confidential Information. Either Party's failure to fulfill the obligations and conditions with respect to any use, disclosure, publication, release, or dissemination of the other Party's Confidential Information in violation of the terms of this Article entitled "Confidentiality/Non-Disclosure" constitutes a material breach of this Agreement. In that event the aggrieved Party may, at its option and in addition to any other remedies that it may have, terminate this Agreement, its obligations and any rights or licenses granted upon thirty (30) days written notice to the other Party. In addition to any other remedies it may have, the aggrieved Party has the right to demand the immediate return of all copies of Confidential Information provided to the other Party under this Agreement. The Parties recognize that disclosure of Confidential Information in violation of this Agreement will result in irreparable harm. Each Party shall have the right to injunctive relief in the event of a disclosure in violation of this Agreement. 9. ASSIGNMENT. Neither this Agreement nor any license, right, or obligation granted under this Agreement shall be assignable or transferable (through insolvency proceedings, by mergers, by operation of law, by purchase or otherwise) by Customer without the prior written consent of 3-GIS. No purported assignment or transfer of this Agreement or of any license, right, or obligation granted under this Agreement shall be effective without such written consent, which shall not be unreasonably withheld. 10. LIMITATION OF LIABILITY. IN NO EVENT WILL 3-GIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, LOST PROFITS, LOSS OF USE OR PRODUCTION, LOSS 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 7 of 29 Page 489 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC OF REVENUE, LOSS OF DATA, OR CLAIMS OF THIRD PARTIES EVEN IF 3-GIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE WILL 3-GIS' LIABILITY ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNT THAT 3-GIS HAS BEEN PAID BY CUSTOMER ASSOCIATED WITH THE ORDER UNDER WHICH THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES HAS OCCURRED. 11. INDEMNIFICATION BY CUSTOMER. Customer agrees to indemnify, defend, and hold harmless 3-GIS, 3-GIS' Affiliates, and 3-GIS' employees and agents from any and all third party liability, claims, and or demands and all costs and expenses, including reasonable attorneys' fees, in connection therewith, for or arising out of claims or lawsuits brought by third parties against 3-GIS, its Affiliates, its employees and agents based on: (i) Customer's misuse of the Licensed Software, information or Deliverables provided under this Agreement, and or (ii) the possession or use by 3-GIS of any of the information, specifications, or data furnished to 3-GIS by Customer hereunder, which is claimed to constitute an infringement of a patent, copyright, trade secret, or other intellectual property right of any Third Party. 12. PUBLICITY. Except as expressly stated below, neither Party has any right or license to use in advertising, publicity, promotion, marketing, or other similar activity, any name, trade name, trademark, or other designation including any abbreviation, contraction, or simulation of the other without the prior, express, written permission of the other Party. Notwithstanding the foregoing, (i) 3-GIS may identify Customer as a 3-GIS customer and user of products and services provided under this Agreement without the prior written consent of Customer and (ii) Customer may identify 3-GIS as a vendor of the products and services provided under this Agreement without the prior written consent of 3-GIS. Further, Customer agrees that 3-GIS may issue a press release announcing the signing and general subject matter of this Agreement and the Services. Customer is prohibited from removing or obscuring any Esri patent, copyright, trademark, proprietary rights notices, or legends contained in or affixed to any 3-GIS Software Deliverables, output, metadata file, or online or hard -copy attribution page of any data that is sourced from Esri or an Esri contributor with respect to 3-GIS Software Deliverables. 13. WAIVER. The failure of either Party at any time to enforce any of the provisions of this Agreement or any right under this Agreement, or to exercise any option provided, will in no way be construed to be a waiver of the provisions, rights, or options, or in any way to affect the validity of this Agreement. The failure of either Party to exercise any rights or options under the terms or conditions of this Agreement will not preclude or prejudice the exercising of the same or any other right under this Agreement. 14. FORCE MAJEURE. 14.1 3-GIS shall not be liable or responsible to the Customer, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond 3-GIS' control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, explosion, earthquake, epidemics, pandemics, or quarantines; (c) war, invasion, hostilities or war -like actions (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, action, or shutdown; (e) laws, actions, embargoes, or blockades in effect after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, labor shortages, or other industrial disturbances; and (i) shortage of adequate power, communication, or transportation facilities. 14.2 The impact of a Force Majeure Event on a 3-GIS supplier or subcontractor shall be considered to be a Force Majeure Event on 3-GIS. 14.3 In case of a Force Majeure Event, 3-GIS' performance shall be extended by a reasonable period of time corresponding to the delay caused by the Force Majeure Event. 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 8 of 29 Page 490 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC 15. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Alabama. Any legal suit, action, or proceeding arising out of or related to this Agreement or any license or service provided hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the city of Decatur and County of Morgan, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice or other document by mail to such Party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded in its entirety, and the Parties expressly agree not to be governed by the Uniform Computer Information Transactions Act or similar laws. Each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby. 16. DISPUTE RESOLUTION. 16.1 Resolution Protocol. In the event of any controversy, claim, or dispute between the Parties arising under this Agreement that cannot be settled at the project manager level, the Parties shall first attempt to resolve the dispute at the business unit director level. Upon the written request of any Party (each a "Dispute Notice"), the other Party shall, within five (5) Business Days, designate an authorized representative for the purposes of resolving any dispute. If no authorized representative is designated within five (5) Business Days, the authorized representative shall be the Party's signatory of this Agreement. If the dispute is not resolved at this level within ten (10) Business Days of the written request, the Parties shall attempt to resolve the dispute at the division president or equivalent level, for an additional period of ten (10) Business Days. Prior to the initiation of arbitration, all good faith efforts shall be made by the Parties to resolve all disputes on an informal basis. 16.2 Arbitration. To the extent any controversy, claim, or dispute is not resolved through the process outlined in the previous section and remains unresolved, the Parties agree that all such unresolved controversies, claims, or disputes or the breach of this Agreement, including questions concerning the scope and applicability of this dispute resolution provision, shall be finally settled by arbitration in Decatur, Morgan County, Alabama, pursuant to the rules then applying of the American Arbitration Association and the laws of the State of Alabama. The decision or award in writing of the arbitrator shall be binding and conclusive on the Parties to this Agreement and may if necessary be enforced by any court having jurisdiction in the same manner as a judgement in such court. The Parties undertake and agree that all arbitral proceedings conducted under this section shall be kept strictly confidential, and all information, documentation, materials in whatever form disclosed in the course of such arbitral proceeding shall be used solely for the purpose of those proceedings. 16.3 Injunctive Relief. Notwithstanding the foregoing, either Party may, before or during the exercise of the dispute resolution procedures set forth above, apply to a court identified in the section entitled "Governing Law and Jurisdiction" for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests pending completion of the dispute resolution procedures. 16.4 Continued Performance. Compliance with this article entitled "Dispute Resolution" shall not relieve either Party from compliance with any other obligation set out in this Agreement. Unless otherwise provided in this Agreement or except where clearly prevented by the issue in dispute, the 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 9 of 29 Page 491 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Parties agree to continue performing their respective obligations under this Agreement during dispute resolution proceedings. 17. COMPLIANCE WITH LAWS. Customer agrees to comply with all applicable laws and is responsible, at its sole cost and expense, for obtaining any and all governmental licenses, permits, authorizations, passes and approvals that may be required in connection with this Agreement. 18. CUSTOMER'S REEXPORT OBLIGATIONS. 18.1 Customer acknowledges that any services, commodities, software, and/or technical data provided under this Agreement shall be subject to the Export Administration Regulations (the "EAR") administered by the United States Commerce Department, and that any export or reexport thereof must be in compliance with the EAR. Any technology provided by 3-GIS that is controlled for export purposes, may require prior approval by the appropriate U.S. Government agency. Should this technology provided by 3-GIS be export controlled, Customer will be bound by U.S. export statutes and regulations and shall comply with all export control requirements. Customer agrees that it shall not export or reexport, directly or indirectly, either during the term of this Agreement or after its expiration, any commodities, software and/or technical data (or direct products thereof) provided under this Agreement in any form to any person, entity, or location in violation of the EAR, or to destinations that are otherwise controlled or embargoed under United States law. 18.2 This Agreement is subject to the receipt of any approvals and/or consents required by applicable government agencies and authorities as may be required for the consummation of the transactions contemplated by this Agreement. 3-GIS shall have no liability to Customer for failure to deliver any deliverable or service under this Agreement as a result of the refusal of any governmental agency to issue any necessary approvals and consents for the delivery or performance of any such product, software, Deliverable or Service. 18.3 Customer is responsible for complying with any applicable laws in the jurisdiction(s) where Customer is located and where Customer is using the Licensed Software, including but not limited to data security, privacy, and export and import laws. 19. TERMINATION FOR CAUSE. 3-GIS shall have the right, without prejudice to its other rights or remedies, to terminate this Agreement immediately upon written notice to Customer, if Customer: (a) is in material or persistent breach of any of its obligations under this Agreement and either the breach is incapable of remedy or Customer has failed to remedy such breach within thirty (30) days after receiving written notice requiring it to remedy such breach; or (b) (i) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. 20. SURVIVAL. The terms and conditions of this Agreement regarding confidentiality, payment, warranties, liability, dispute resolution, export laws, the terms of any license grant, as well as any other terms of this Agreement that by their sense and context are intended to survive the execution, delivery, 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 10 of 29 Page 492 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC performance, termination, or expiration of this Agreement shall survive and remain in effect after expiration or termination of the Agreement, and shall apply to any permitted successors and assigns. Upon termination of the Agreement, the provisions of the Agreement, including those in the preceding sentence, which by their express terms survive termination, shall remain in full force and effect. 21. SEVERABILITY. If any provision of this Agreement or is void, voidable, unenforceable, or illegal in its terms, but would not be so if it were rewritten to eliminate such terms that were found to be voidable, unenforceable, or illegal and such rewrite would not affect the intent of the provision, then the provision must be rewritten to be enforceable and legal. 22. HEADINGS. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement. 23. ENGLISH LANGUAGE. Unless otherwise explicitly stated in an Order, 3-GIS shall provide all Services, materials, and Documentation in the English language. 24. ORDER OF PRECEDENCE. The terms of this Agreement shall be considered incorporated into each Order executed pursuant to the terms of this Agreement. In the event of any conflict or inconsistency among documents related to this Agreement, the following order of precedence shall be used to determine the resolution of the discrepancy, unless both Parties mutually agree in writing to an alternative decision. The order of precedence for between documents shall be as follows, from highest precedence to lowest precedence: a) An Order, as amended or modified by a Change Order (however, no Order shall be considered an amendment to this Agreement); b) Any amendments to this Agreement; c) Any exhibits or attachments to the Agreement; and d) The General Terms and Conditions of the Agreement. 25. NOTICES. Any notice, request, consent, claim, demand, waiver, or other communication under this Agreement have legal effect only if in writing and addressed to a Party as follows (or to such other address or such other person that a Party may designate from time to time upon notice to the other Party): City of Waterloo and Waterloo Fiber Chris Youngblut Director of Technology 625 Glenwood St Waterloo, IA 50703 Tel. No. Phone: 319-291-4598 3-GIS, LLC Dean Perry Chief Business Development Officer 6766 S. Revere Parkway Suite 100 Centennial, CO 80112 Tel. No. (256) 560-0744 Notices sent in accordance with this Article 25 will be deemed effectively given: (a) when received, if delivered by hand, with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier, signature required; and (c) when received if sent by certified or registered US Mail, return receipt requested and postage prepaid. 26. INTERPRETATION. For purposes of this Agreement: (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 11 of 29 Page 493 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice -versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in this Agreement: (x) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The Parties drafted this Agreement without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. 27. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties with regard to the subject matter hereof. This Agreement supersedes any and all prior discussions and/or representations, whether written or oral, and no reference to prior dealings may be used to in any way modify the expressed understandings of this Agreement. Any future representations, promises and verbal agreements related to the products, product features, future product enhancements, product functionality, or services covered by this Agreement will be of no force or effect unless reduced in writing and made a part of this Agreement. This Agreement may not be amended or modified unless so done in writing signed by authorized representatives of both Parties. Any and all amendments to this Agreement shall specifically reference the fact the amendment is intended to alter the terms and conditions set forth herein. No Change Order or Specification shall affect the terms and conditions set forth herein. All terms and conditions printed on a Customer's PO are void, even if issued subsequent to the effective date of this Agreement, and no term or condition printed on a Customer's PO shall be deemed to constitute a change to this Agreement or impose a term or condition on 3-GIS, its Affiliates, or any other Person. END OF GENERAL TERMS AND CONDITIONS REMAINDER OF PAGE IS LEFT BLANK INTENTIONALLY 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 12 of 29 Page 494 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC ATTACHMENT A - LICENSED SOFTWARE TERMS AND CONDITIONS The additional terms and conditions set forth in this Attachment A and the General Terms and Conditions of the Agreement shall govern the licensing and use of 3-GIS Licensed Software as described in an Order. 1. DEFINITIONS. 1.1 "Authorization Code(s)" means any key, authorization number, enablement code, login credential, activation code, token, user name and password, or other mechanism required for use of Esri Offerings. 1.2 "Backup License" means a type of license that is installed in a cold standby environment intended to support a manual switchover of the Licensed Software product in the event of failure of the Production License environment. Each Backup License requires a corresponding Production License and the duration of the Backup License shall not exceed the term of the applicable Production License. 1.3 "Non Production License" means a software license type that is installable and useable for software development and/or testing environment. 1.4 "Production License" means the license(s) of the Licensed Software product provided to Customer for general production use as authorized by the Agreement. 1.5 "Release" means a particular, numbered version of the Licensed Software. 2. TITLE TO LICENSED SOFTWARE. The Licensed Software and Documentation are licensed, not sold, to Customer by 3-GIS and Customer does not have under or in connection with this Agreement any ownership interest in the Licensed Software or Documentation. Title, copyright, and all other ownership rights to the intellectual property in the Licensed Software and Documentation, including any modifications or customization thereof made hereunder, remains in 3-GIS. Title to Third Party Software remains with the licensor of such Third Party Software. 3. SYSTEM REQUIREMENTS. The Technical Operating Environment ("TOE") means the hardware and software that is necessary for the proper operation of the Licensed Software, as stated in the current Documentation. Customer is responsible for licensing, procuring, installing, and maintaining the required TOE. 4. LICENSE GRANT. 4.1 Customer is hereby granted a personal, limited duration, nontransferable, and nonexclusive license to use the Licensed Software solely in conjunction with the license duration and the number of Named Users stated in an Order and solely for Customer's internal business purposes. Additionally, Customer is granted a concurrent personal, nonexclusive, and nontransferable right to use the Documentation solely for Customer's internal business purposes only for the license duration set forth in the Order. 5. LICENSE RESTRICTIONS. The Licensed Software and Documentation are subject to the following license restrictions: (a) Customer may make one (1) archival or backup copy of the Licensed Software only for the license duration set forth in the Order. (b) Customer may make copies of the Documentation solely for its internal use only for the license duration set forth in the Order. (c) Customer shall not remove or obscure any copyright, trademark notice or restrictive legend on the Licensed Software or Documentation. Customer shall reproduce such notices and legends 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 13 of 29 Page 495 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC on any copy of the Licensed Software or Documentation which Customer makes pursuant to the terms of this Agreement. (d) No additional title or rights are transferred or implied, although a licensed right to use is granted. (e) Except as may be explicitly agreed in any contract between 3-GIS and Customer, 3-GIS reserves the right, in any way and without notice, to revise, not revise, update, or modify the Licensed Software, or the information upon which the Licensed Software was based, and assumes no responsibility for: (i) protecting the Licensed Software against obsolescence, (ii) providing any additional functionality in the Licensed Software, (iii) maintaining the Licensed Software, or (iv) providing other services with respect to the Licensed Software. (f) Customer shall not: (i) sell, distribute, assign, transfer, lend, or lease the Licensed Software; or (ii) reverse engineer, decompile, or disassemble the Licensed Software; (iii) use the Licensed Software in any manner that exceeds the usage limits or license duration as stated in an Order; (iv) make the Licensed Software available to anyone other than Named Users; (v) distribute Authorization Codes to any Third Party; (vi) make any attempt to circumvent the technological measure(s) that control access to the Licensed Software; (vii) use the Licensed Software to store or transmit infringing, libelous, tortious, or otherwise unlawful material, or to store or transmit material in violation of third -party privacy or intellectual property rights; (viii) unbundle or independently use individual component parts of a bundled Licensed Software solution; (ix) store or transmit Malicious Code; (x) modify, copy, or create derivative works based on a Service or any part, feature, function or user interface thereof; or (xi) access the Licensed Software to (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions, interfaces, or graphics, (3) copy any ideas, features, functions, interfaces, or graphics of the Licensed Software or (4) determine whether the Licensed Software is within the scope of any patent. (g) Licensed Software is subject to usage limits. Unless otherwise explicitly stated in an Order: (i) a quantity in an Order refers to Named Users, and the Licensed Software may not be accessed by more than that number of Named Users, (ii) a Named User's user name, password, or any other Named User login credential may not be shared with any other individual, (iii) except as set forth in an Order, a Named User identification may only be reassigned to a new individual replacing one who will no longer use the Licensed Software, and (iv) Customer may not add a Third Party as Named User, other than a Third Party included within the definition of Named Users and subject to the terms of use applicable to the Licensed Software. If Customer exceeds a contractual usage limit, 3-GIS may work with Customer to seek to reduce Customer usage so that it conforms to that limit. If, notwithstanding 3-GIS efforts, Customer is unable or unwilling to abide by a contractual usage limit, Customer will execute a Change Order for additional quantities of the applicable Licensed Software promptly upon 3-GIS delivery of the same. 6. INDEMNIFICATION BY 3-GIS. 6.1 3-GIS shall defend so much of any Third Party claim, action, or suit brought against Customer to the extent that such claim, action or suit alleges that the Licensed Software, or the use or possession of the Licensed Software, infringes or violates any existing United States patent or United States copyright. 3- GIS shall pay, indemnify, and hold Customer harmless (up to the total of the license fees received by 3- GIS under this License Agreement) from and against any and all settlements agreed to by 3-GIS or final judgments which are attributable to such claims, including costs, damages and reasonable attorney's fees 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 14 of 29 Page 496 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC as finally awarded or agreed to in such settlements, provided, however, Customer notifies 3-GIS promptly, in writing, of such claim and grants 3-GIS sole control of the defense and all negotiations for settlement or compromise of such claim. 6.2 In the event an injunction is obtained against Customer's use of the Licensed Software, or, in 3-GIS' opinion, it appears likely that such an injunction will be obtained, 3-GIS shall, at its option: (i) secure Customer's right to continue using such Licensed Software, (ii) replace or modify such Licensed Software to make it non -infringing, without altering its capabilities and functioning in the computer in which it was installed, or, if neither option (i) nor (ii) is commercially reasonable, then (iii) terminate/cancel Customer's licenses and rights and refund Customer an amount representing the value of the unused portion of the license for the Licensed Software. The value of such unused portion of the license shall be a pro rata portion of the license fees actually paid by Customer to 3-GIS under this License Agreement and shall be determined by depreciating such fees over five years beginning with the initial delivery of the Licensed Software. Such license fees shall not include any fees for services or Maintenance. 6.3 The defense, indemnification, and other obligations of 3-GIS pursuant to this Article entitled "Indemnification By 3-GIS" do not apply to the extent that: (i) Customer modifies the Licensed Software and such modification causes such infringement; (ii) Customer uses the Licensed Software in a manner not permitted or contemplated under this Agreement and such use causes the alleged infringement; (iii) Customer is violating the license terms applicable to the Licensed Software; or (iv) the alleged infringement arises from events or circumstances outside of 3-GIS' commercially reasonable control (including any third -party hardware, data, or software). 6.4 3-GIS shall have no liability of any kind to Customer with respect to intellectual property infringement in connection with Third Party software or intellectual property provided to Customer pursuant to this Agreement. 6.5 This article entitled "Indemnification By 3-GIS" sets forth 3-GIS' entire liability with respect to intellectual property infringement. 7. LIMITED WARRANTIES AND DISCLAIMER OF WARRANTIES 7.1 Licensed Software Warranties. 7.1.1 3-GIS warrants that the first instance of a Licensed Software product delivered to Customer will operate in substantial conformance with the Documentation for ninety (90) days after delivery or installation by 3-GIS. If a breach of the foregoing warranty occurs, Customer's sole and exclusive remedy shall be, at 3-GIS' option, (a) replacement of the nonconforming Licensed Software within a commercially reasonable time, or (b) treatment of the Defect in accordance with the procedures set forth in Attachment C, provided Customer notifies 3-GIS in writing of the non-conformance within ninety (90) days of the date of shipment. The foregoing warranty is void if the Licensed Software has been modified by other than 3- GIS or its Affiliates and such modification causes or contributes to the nonconformance. 7.1.2 3-GIS warrants that the media for the Licensed Software as delivered to Customer is free from defects in materials and workmanship. If a breach of the foregoing warranty occurs, Customer's sole and exclusive remedy and 3-GIS' sole and exclusive obligation will be to replace the media for the Licensed Software within a commercially reasonable time and without charge to Customer, provided Customer notifies 3-GIS in writing of the defect in the media within thirty (30) days of the date of shipment. 7.2 Third Party Software. THIRD PARTY SOFTWARE, INCLUDING, BUT NOT LIMITED TO, OPEN SOURCE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS. 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 15 of 29 Page 497 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC 8. DISCLAIMER OF WARRANTIES. THE FOREGOING WARRANTIES AND, IF APPLICABLE, THE SERVICES WARRANTY SET FORTH IN ATTACHMENT D BELOW, ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS. ALL OTHER CONDITIONS, WARRANTIES, OR OTHER TERMS WHICH MIGHT HAVE EFFECT BETWEEN THE PARTIES OR BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT OR ANY COLLATERAL CONTRACT, WHETHER BY STATUTE, COMMON LAW, OR OTHERWISE, ARE HEREBY EXCLUDED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF 3-GIS HAS BEEN AWARE OF SUCH PURPOSE, AND, THE WARRANTY AGAINST INFRINGEMENT OF PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. 9. TERMINATION/CANCELLATION. If Customer breaches one or more of its obligations hereunder, 3-GIS may, upon its election and in addition to any other remedies that it may have, terminate/cancel the license and rights granted to Customer under this License Agreement by not less than thirty (30) days written notice to Customer specifying any such breach, unless within the period of such notice all breaches specified therein have been remedied. Upon termination/cancellation of the license and rights granted hereunder, Customer shall cease using the Licensed Software and destroy or return all Licensed Software furnished hereunder, including any copies, and certify such destruction or return in writing to 3-GIS. Such termination/cancellation shall not affect any obligations of Customer incurred prior to such termination/cancellation, nor shall 3-GIS have any obligation to refund any monies paid to it hereunder. The termination/cancellation rights of 3-GIS provided herein are in addition to all other rights and remedies available to 3-GIS. Upon any such termination/cancellation, any 3-GIS obligation hereunder shall terminate/cancel automatically. 10. THIRD PARTY BENEFICIARY. Owners of any Third Party Software embedded into the Licensed Software or bundled with a Licensed Software solution are third party beneficiaries of this Agreement. 11. THIRD PARTY COMPONENTS. In the event the Oracle JDBC Driver is included in the Licensed Software solution, Customer shall not redistribute the Oracle JDBC Driver or its documentation. END OF SOFTWARE LICENSING TERMS AND CONDITIONS 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 16 of 29 Page 498 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC ATTACHMENT B - ADDENDUM FOR GOOGLE STREET VIEW TILE ACCESS Only in the event that Customer orders Google Street View licensed tile access as indicated in an Order, the following additional terms and conditions apply to Customer's Licensed Tile Access (as such term is defined below). 1. LICENSE GRANT. 1.1 In accordance with the Customer's order as set forth in an Order, and upon payment of the associated fee set forth in an Order, Customer is hereby granted a personal, limited duration, nontransferable, and nonexclusive license to access Google Street View Tiles exclusively through the 3- GIS Web application ("Licensed Tile Access"). 2. DURATION OF THE LICENSE. The fixed duration of the Licensed Tile Access runs concurrently with the fixed license duration of for Google Street View Tiles as set forth in the applicable Order. 3. TITLE. Title to the Google Maps Tile API Service and the Google Street View Tiles remains at all times with Google. 4. SPECIAL TERMS AND CONDITIONS. Notwithstanding anything in the Agreement to the contrary: 4.1 The following terms and conditions applicable to Licensed Tile Access, Google Maps, Google Street View, and Google Earth (each a "Google Service" and collectively the "Google Services") are incorporated by reference as if they were fully set out herein, and are listed in order of precedence if there is a conflict between such terms: (i) the Google Services' Acceptable Use Policy at https://cloud.google.com/maps- platform/terms/other/universal-aup/; (ii) the Google Services' Legal Notices at https://maps.google.com/help/legalnotices_maps/; and (iii) the Google Services' Additional Terms of Service at https://maps.google.com/help/terms_maps.html. Customer shall use the Google Services in a manner that is consistent with these above -referenced terms and conditions and shall compel all of its users to do the same. 4.2 Use of Licensed Tile Access shall be limited strictly to obtaining access of Google Services through the 3-GIS Web application. 4.3 The base fee for the Licensed Tile Access is set forth in an Order. Google and Street View are the registered trademarks of Google LLC. ©2018 Google LLC All rights reserved. END OF ADDENDUM FOR GOOGLE STREET VIEW TILE ACCESS 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 17 of 29 Page 499 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC ATTACHMENT C — BASE MAINTENANCE TERMS AND CONDITIONS The following are 3-GIS' additional terms and conditions for Base Maintenance. Base Maintenance is defined as and limited to the following services: (1) correction of material Defects in accordance with this Attachment C and (2) providing Base Maintenance Releases. Under Base Maintenance, and strictly with regard to the Licensed Software, Customer is entitled to the services set forth hereunder. 1. DEFINITIONS 1.1 "Acknowledgment" or "Acknowledge" means a response to Customer by an employee of 3-GIS that he or she is gathering Problem Determination information in response to a Problem reported by Customer. 1.2 "Base Maintenance Period" means a period beginning at the conclusion of the previous Base Maintenance Period for Base Maintenance renewals and continuing for the period set forth in an Order of this Agreement or, if no period is set forth, for one calendar year. 1.3 "Major Releases" means new or supplemental releases of the Licensed Software that are provided at no additional charge to purchasers of Base Maintenance and which include only limited additional functionality and/or contain corrections to the License Software provided as part of Base Maintenance. Base Maintenance Releases are not Enhancement Releases. 3-GIS and its licensors have sole discretion in determining whether a Release is an Enhancement Release or a Base Maintenance Release and the schedule for and content of any such release. 1.4 "Defect" means a condition in the Licensed Software that causes the Licensed Software to substantially fail to conform to Documentation in effect on the date of delivery of the Licensed Software. An error in the Documentation is not a Defect of the License Software. If the Documentation is determined to be in error, it will be corrected and provided to the Customer. 1.5 "Documentation" shall have the meaning set forth in Attachment A, "Licensed Software Terms and Conditions." 1.6 "Problem" means a condition reported by Customer to 3-GIS or identified by 3-GIS in which the Licensed Software appears to not be functioning in substantial conformance with the Documentation. 1.7 "Problem Determination" means 3-GIS' isolation of a Problem as either (a) a Defect or (b) a problem of another nature which has adversely affected the performance of the Licensed Software, (e.g., operational errors, database, hardware, or firmware issues, interfacing products, Third Party Software, etc.). 1.8 "Severity 1 Problem" means the Licensed Software is completely inoperable. 1.9 "Severity 2 Problem" means the Licensed Software is usable, but an essential component of the Licensed Software is inoperable or malfunctioning. 1.10 "Severity 3 Problem" means the Licensed Software is usable, but a nonessential component is inoperable or malfunctioning. 2. PROBLEM REPORTING INFORMATION. 2.1 Reporting Information. Customer is responsible for reporting all Problems through JIRA (support ticket system) and providing the following information in the Problem report: a) call-back telephone number; b) version number; 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 18 of 29 Page 500 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC c) nature of the situation; d) assessment of Severity level as described above; e) description/history of the Problem and Customer's efforts to resolve it (if any); f) Software access and diagnostic reports (if applicable); and g) any other information reasonably required by 3-GIS to diagnose the Problem. 2.2 Problem Identification. Prior to reporting Customer shall: a) identify the Problem and the part(s) of the Licensed Software believed to be the source of the Problem b) determine that all known corrections or workarounds provided through Customer Support or contained in Knowledge Base which pertain to the Problem have been applied; and c) collect necessary and available supporting documentation for use by 3-GIS in diagnosing the Problem. 2.3 Problem Diagnosis Coordination. If Customer reports a Problem, Customer will be responsible for providing necessary materials (e.g., remote dial -in access, database access, printouts) required by 3-GIS to diagnose the Problem in an efficient manner. 2.4 Acknowledgement of Severity Level. 3-GIS will respond to the Customer to Acknowledge the severity level of the Problem within the time frames set forth below. After investigation, 3-GIS may change the severity level for that Problem. After Acknowledgement, 3-GIS will make a Problem Determination. If 3- GIS determines that the Problem is not a Defect, 3-GIS will inform Customer that the Problem is outside the scope of Base Maintenance. 3-GIS will then inform Customer that any further services related to the Problem, if offered and provided by 3-GIS, shall be charged at 3-GIS' then current rates for time and materials services. 2.5 Severity 1 Problem (i) 3-GIS will Acknowledge a Severity 1 Problem within one (1) Business Day, on average. (ii) If 3-GIS makes a Problem Determination that the Severity 1 Problem is due to a Defect, 3-GIS will use commercially reasonable efforts to electronically or telephonically provide or communicate a correction or workaround for the Defect within 3 Business Days, on average, of such Problem Determination. Customer must have knowledgeable staff available to aid in the investigation and must apply the Licensed Software correction or workaround as soon as it is provided by 3-GIS. 2.6 Severity 2 Problem (i) 3-GIS will Acknowledge this level Problem within two (2) Business Days on average. (ii) If 3-GIS makes a Problem Determination that the Severity 2 Problem is due to a Defect, 3-GIS will use commercially reasonable efforts to electronically provide a correction or workaround for the Defect within 10 Business Days, on average, of such Problem Determination or provide Customer with written notice within that time that the effort will require further research, resources, or analysis. Customer must have knowledgeable staff available to aid in the investigation and must apply an agreed upon Licensed Software correction or workaround as soon as it is provided by 3-GIS. 2.7 Severity 3 Problem (i) 3-GIS will Acknowledge this level Problem within three (3) Business Days on average. 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 19 of 29 Page 501 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC (ii) If 3-GIS makes a Problem Determination that the Severity 3 Problem is due to a Defect, 3-GIS will evaluate the Defect for possible inclusion of a correction or workaround in a future Base Maintenance Release. 2.8 All Base Maintenance -related communications will be conducted in English. 3. THIRD PARTY SOFTWARE MAINTENANCE In the event that 3-GIS determines that a Problem is caused by Third Party Software bundled or embedded in the Licensed Software, as Customer's sole and exclusive remedy 3-GIS will report such Problem to the licensor of such Third Party Software and supply Customer with any corrections or workarounds that such licensor provides to 3-GIS. Notwithstanding anything else in this Agreement, if a licensor of 3-GIS does not provide support to 3-GIS for the Third Party Software for any reason, 3-GIS shall have the option to terminate Base Maintenance. In such event, 3-GIS shall refund Customer an amount representing the value of the unused portion of the Base Maintenance. Such value shall be a pro rata portion of the Base Maintenance fees actually paid by Customer to 3-GIS under this Base Maintenance Agreement and shall be determined by depreciating such fees on a monthly basis over the Base Maintenance Period. 4. INSTALLATION AND SUPPORT OF BASE MAINTENANCE RELEASES. Customer is responsible for installing all Major Releases within three (3) months of the issuance date of such release of the Licensed Software. 3-GIS will no longer maintain prior Major Releases three (3) months after the issuance date of the current Base Maintenance Release and therefore the Customer may be required to upgrade if an existing issue or bug requires code modifications to a prior release. 5. MODIFICATION OF LICENSED SOFTWARE. If Customer modifies the Licensed Software outside the prescribed methods outlined in the Documentation, 3-GIS will not continue to provide Base Maintenance for the Licensed Software. END OF BASE MAINTENANCE TERMS AND CONDITIONS 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 20 of 29 Page 502 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC ATTACHMENT D - SERVICES TERMS AND CONDITIONS The additional terms and conditions set forth in this Attachment D and the General Terms and Conditions of the Agreement shall govern the provision of 3-GIS Services as described in an Order. 1. ALLOCATION OF INTELLECTUAL PROPERTY AND GRANT OF LICENSES 1.1 License to Use the Deliverables. Subject to the restrictions set forth below and in an Order, 3-GIS grants to Customer a personal, nontransferable, nonexclusive license to use and copy the Deliverables solely for Customer's internal business purposes including providing services and Deliverables for its customers as identified in an Order. This license shall include the right for the Customer to permit access to the Deliverable to Customer's consultants, contractors, or suppliers who as part of their agreement with Customer have a need to receive or use copies of such Deliverables as long as such consultant, contractor, supplier, or customer is subject to an agreement requiring such consultant, contractor, or supplier to maintain the confidentiality of the Deliverable, and which limits the use of the Deliverable by the consultant, contractor, or supplier to providing services to Customer. Customer shall include a 3-GIS copyright notice on all copies of Deliverables. The Services and any Deliverables are not "work for hire" and 3-GIS shall own all right, title, and interest to the Deliverables. No direct or indirect ownership interest, license right, or usage right in the Services or Deliverables are granted or created by implication. 1.2 Ownership of Newly Created Intellectual Property. Any Intellectual Property, including any patentable or unpatentable discoveries, ideas, including methods, techniques, know-how, concepts, or products ("Invention") or any works fixed in any medium of expression, including copyright and mask work rights ("Works of Authorship") created during the course of the Services shall be the sole and exclusive property of the creating Party. 1.3 No Rights By Implication. No direct or indirect ownership interest or license rights in Inventions, Works of Authorship, or other Intellectual Property, including software or patents, are granted or created by implication in this Agreement. Any grant of an ownership interest or license rights in an Invention, Work of Authorship or other Intellectual Property including software or patents must be negotiated in a separate agreement. 3-GIS will use reasonable efforts to inform Customer of any 3-GIS owned Inventions, Works of Authorship, or other Intellectual Property that 3-GIS believes may be necessary for Customer to use the Deliverable or to meet the purposes set forth in this Agreement. 1.4 License Restrictions. Except as specifically otherwise provided in this Agreement or an Order, Customer shall not make, sell, translate, export, license, sublicense, localize, use with any time-sharing or for service bureau arrangements, or transmit to any person outside of Customer's internal business organization or Affiliates the Deliverables. Customer shall not reverse engineer, decompile, disassemble, or apply any process, technique, or procedure or make any attempt to ascertain or derive the source code of the Deliverables. If the Services performed hereunder involve the customization of a 3-GIS software application, Customer acknowledges and agrees that the Deliverables may only be used in connection with such software, and such software is licensed pursuant to a separate license agreement between the Parties for an additional fee. Unless otherwise provided in an Order, nothing in this Agreement grants Customer a license to use 3-GIS software products. 1.5 Third Party Software. Customer agrees to execute any applicable Third Party end user license agreement for Third Party Software that is delivered to Customer as part of an Order. Any Third Party Software furnished to Customer by 3-GIS shall remain the property of the respective Third Party. 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 21 of 29 Page 503 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC 1.6 Similar Work for Other Customers. 3-GIS may perform the same or similar services for others, including providing the same or similar conclusions and recommendations provided that Customer Confidential Information is not disclosed. 1.7 3-GIS Know -How. Customer acknowledges that during its normal course of dealings with 3-GIS, 3-GIS and its personnel may create, develop, or become acquainted with certain ideas, concepts, methods, techniques, processes, and skills (collectively referred to as "Know How") pertaining to the products and services developed and provided to Customer under this Agreement. Customer hereby agrees that 3-GIS shall be entitled to use, disclose, distribute, and otherwise employ any such Know How in conducting its business, including the performance of services and development of software for other customers. 2. CUSTOMER'S RESPONSIBILITIES 2.1 Access to Premises and Information. During the performance of any Service pursuant to an Order, Customer shall: • Cooperate with 3-GIS in all matters relating to the Services and appoint a Customer employee to serve as the primary contact with respect to the Services and who will have the authority to act on behalf of Customer with respect to matters pertaining to the performance of this Agreement; • Provide such reasonable requested access to and use of the premises (including weekend and after-hours access), equipment, or software of Customer, its customer, and/or any other Third Party as 3-GIS deems necessary to perform the Services, including appropriate work space accommodations, office supplies, network connectivity, telephone service, and meeting room facilities; • Provide such documentation or other information as 3-GIS may request in order to carry out the Services in a timely manner and ensure that such documentation or other information is complete and accurate in all material respects; and • Review and provide timely feedback to 3-GIS on all Deliverables and provide qualified technical personnel to support 3-GIS as needed during performance of the Services. 2.2 Responsiveness. Customer shall respond promptly to any 3-GIS request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for 3-GIS to perform Services and fulfill this Agreement, including the associated schedule. 2.3 Customer Data. Customer is solely responsible for ensuring its systems, software, and data are adequately backed up prior to 3-GIS executing the Services. In the unlikely event of data loss or corruption, the Customer will be responsible for restoring its systems, software, and/or data back to their original state. 2.4 Additional Responsibilities. Any additional Customer responsibilities will be described in an Order or a Specification. 3. WARRANTY AND DISCLAIMER OF WARRANTIES 3.1 Warranty. 3-GIS warrants that the Services and Deliverables provided will substantially conform to the applicable Specification(s) associated with such Services and Deliverables as set forth in an Order or other mutually -agreed Specification document, and the Services will be performed in a professionally diligent manner by qualified personnel ("Satisfactory Work"). 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 22 of 29 Page 504 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC 3.2 Correction of Unsatisfactory Work. 3-GIS will respond with qualified personnel to any Service or Deliverable which is not Satisfactory Work that has been reported by Customer within thirty (30) days of the performance of a Service or receipt of a Deliverable. 3-GIS will reperform the Service or provide a revised Deliverable at no additional charge to Customer. 3.3 Disclaimer of Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS ATTACHMENT, 3-GIS: 3.3.1 MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ALLEGED TO ARISE AS A RESULT OF CUSTOM AND USAGE; 3.3.2 DISCLAIMS ALL OTHER CONDITIONS, WARRANTIES, OR OTHER TERMS WHICH MIGHT HAVE EFFECT BETWEEN THE PARTIES OR BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT OR ANY COLLATERAL CONTRACT, WHETHER BY STATUTE, COMMON LAW, OR OTHERWISE; AND 3.3.3 NEITHER ASSUMES NOR ACCEPTS ANY LIABILITY TO CUSTOMER OR ITS CUSTOMERS WITH RESPECT TO THE QUALITY OR SUFFICIENCY OF ANY RESULTS TO BE ACHIEVED BY THE USE OF THE SERVICES AND ANY DELIVERABLES OR OTHER INFORMATION FURNISHED TO CUSTOMER. 3.4 Post Warranty Maintenance. Customer shall be responsible for the maintenance of any Deliverables provided. In the event Customer elects to have 3-GIS perform such maintenance, such maintenance must be explicitly provided pursuant to a separate order. 3.5 Time and Materials Limitations. For Time and Materials Services, the Services will be provided up to the maximum amount of time as stated in an Order. 3-GIS shall have no obligation to work beyond the number of hours set forth in an Order. 3-GIS cannot commit to firm Deliverables, guaranteed results, or a fixed schedule of performance on a Time and Materials Services engagement. 3-GIS will apply diligent effort to the purpose stated in an Order or in an applicable Specification; however, should the Services require more time than estimated, 3-GIS will require a Change Order prior to performing additional Services. 4. INDEMNIFICATION PROVISIONS 4.1 3-GIS' Obligations. Subject to the limitations set forth in this article entitled "Indemnification Provisions" and the limitation of liability provisions set forth elsewhere in this Agreement, 3-GIS will defend, at its expense, an action, suit, or proceeding brought against Customer by a Third Party ("Claim"), and indemnify Customer from any judgments, settlements, and reasonable attorney's fees resulting therefrom, to the extent such Claim is (i) attributable to bodily injury, death, or physical damage to tangible property caused by 3-GIS' negligent acts or omissions arising under this Agreement; or (ii) based upon an allegation that the final version of a Software Deliverable, as of its delivery date, infringes a valid United States patent, copyright, or trademark, or misappropriates a Third Party's trade secret ("Infringement Claim"). 4.2 Conditions. 3-GIS' defense and indemnification obligations are conditioned upon: • Customer providing prompt written notice to 3-GIS in writing of any Claim or Infringement Claim; • 3-GIS having sole control of the defense of any actions and negotiations related to the defense or settlement of any Claim or Infringement Claim; and • Customer cooperating fully in the defense or settlement of any Claim or Infringement Claim. 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 23 of 29 Page 505 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC 4.3 Exclusions. 3-GIS will have no obligation to defend Customer or to pay any resulting costs, damages, or attorneys' fees for any Claim or Infringement Claim alleging direct or contributory infringement of a Software Deliverable (i) by the combination of or integration with a product, process, or system not supplied by 3-GIS; (ii) by material alteration by anyone other than 3-GIS or its subcontractors; (iii) by use after Customer has been notified of possible infringement; (iv) use after modifications are provided to Customer; (v) use after a return for refund as described below is ordered by 3-GIS; (vi) the creation of which was pursuant to specifications provided by Customer; (vii) use other than as specified in the applicable documentation (including, but not limited to, this Agreement, any applicable Specification, and the project's Deliverables); or (viii) the infringement claim is based on a patent or copyright owned, controlled, licensed by, or licensable to others by Customer or any of its Affiliates. In no event will the indemnification for Infringement Claims apply to any software provided without charge. 4.4 3-GIS' Mitigation Options. In connection with any Infringement Claims, 3-GIS, in its sole discretion and at its own expense, may either (i) obtain rights for Customer to continue using the Software Deliverable; (ii) replace the Software Deliverable with a non -infringing alternative, or modify the allegedly infringing elements of the Software Deliverable, while maintaining substantially similar software functionality or data/informational content; or (iii) refund to Customer a prorated portion of the license fees paid by Customer for the infringing Software Deliverable(s), based on a five (5)-year, straight-line depreciation basis beginning from the initial date of delivery, in which case Customer will uninstall, cease all use of and return to 3-GIS the infringing Software Deliverable(s). 4.5 Customer Affiliates. 3-GIS is not required to indemnify or defend Customer against Claims brought by any Customer Affiliate. 4.6 Exclusive Remedy. This article entitled "Indemnification Provisions" provides the sole and exclusive remedies of Customer and 3-GIS' entire liability in the event of a Claim. Customer has no right to recover and 3-GIS has no obligation to provide any other or further remedies, whether under another provision of the Agreement or any other legal theory or principle in connection with a Claim. END OF PROFESSIONAL SERVICES TERMS AND CONDITIONS 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 24 of 29 Page 506 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC ATTACHMENT E — 3-GIS SOFTWARE SUPPORT PLAN The additional terms and conditions set forth in this Attachment E, together with Attachment D, and the General Terms and Conditions of the Agreement shall govern the provision of the 3-GIS Software Support Plan Services ("Support Services") as described herein. 3-GIS will provide Support Services up to the number of contracted hours in support of Customer's 3-GIS software solution for the one year period commencing as set out in the applicable Order (the "Support Services Commencement Date"). Capitalized terms not otherwise defined in this Attachment shall have the meaning assigned to them elsewhere in the Agreement. 1. SUPPORT SERVICES 1.1 3-GIS' Call Center can be reached directly at +1 256-560-0744 and is available during Business Hours. All Call Center communications will be conducted in English. 1.2 Customer may choose to use the hours provided for Support Services to seek 3-GIS' assistance with upgrades on major releases. Such assistance shall be comprised of 3-GIS consultation services covering the following topics: • Backups of data and 3-GIS products • Uninstall of existing products • Install of new products • Configuration changes needed to support the version • Data schema changes needed to support the version • Republishing and applying of the Sever Object Extension file • Base Testing after upgrade 1.3 Customer may also use Support Services for a wide range of additional tasks that will assist in its administration of a 3-GIS software solution. 3-GIS will not complete these tasks for the Customer but will provide a supportive level of assistance to the Customer associated with the types of requests in Table 1, below. 2. EXCLUSIONS 2.1 The following services are not included as part of Support Services: • Investigation of network issues • Certificate changes or investigation • Operating systems • Esri upgrades, licensing, service packs, or installs • Database maintenance, troubleshooting, and administration tasks • Data scrubbing, clean-up, or correction • Integration with other systems or software • System configuration changes not essential for an upgrade • Unsupported or undocumented system configuration changes 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 25 of 29 Page 507 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC • Data Conversion work outside of Drag and Drop tool • Esri tools not incorporated into 3-GIS' software • User and access changes • Jasper reports • Automated design support or requests 3. ADDITIONAL TERMS 3.1 Support Services are provided on an annual basis commencing with the Support Services Commencement Date. 3.2 Unused support hours at the end of the annual term shall be deemed consumed at the end of the annual term and no credit or refund shall be provided. 3.3 Support Services will automatically renew for annual terms on the anniversary of the Support Services Commencement Date unless Customer provides written notice to cancel the renewal in advance of the effective renewal date. TABLE 1 - 3-GIS SOFTWARE SUPPORT PLAN MATRIX Support Plan Tier Level 1 Level 2 Level 3 Billing Frequency Annual Annual Annual Annual Support Hours Included 20 60 120 Fee for Additional Support Services (per hour) $195 $175 $175 Software Upgrade Assistance (Up To 8 Hours) 0 1 2 Access to the 3-GIS Support Hotline Yes Yes Yes Limited 3-GIS-related Esri functionality support (includes: Add Features; MXD changes/Publish; Server Configuration) Yes Yes Yes END OF 3-GIS SOFTWARE SUPPORT PLAN 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 26 of 29 Page 508 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC ATTACHMENT F - API LICENSE TERMS AND CONDITIONS This API License Attachment ("Attachment") to that certain Licensed Software and Professional Services Master Agreement sets forth the additional terms and conditions which, along with the terms and conditions set forth in the Agreement, shall govern the licensing and use of the 3-GIS API. 1. Definitions. (a) "API" means the application programming interface and any API Documentation or other API materials made available to Customer by 3-GIS. (b) "API Documentation" means the API documentation made available to Customer by 3-GIS from time to time. (c) "API Key" means the security key 3-GIS makes available for Customer to access the API. (d) "3-GIS Products" means the Licensed Software as such term is defined in the Agreement. (e) "Customer Applications" means any software, firmware, or hardware Customer causes to interact with the API. 2. License Grant. Subject to and conditioned on its compliance with all terms and conditions set forth in this Attachment, 3-GIS hereby grants Customer a limited, revocable, non-exclusive, non- transferable, non-sublicensable license during the term and for the usage tier set forth in the applicable API Order to use the API solely for its internal business purposes solely in conjunction with the 3-GIS Products. Customer acknowledges that there are no implied licenses granted under this Attachment. 3- GIS reserves all rights that are not expressly granted. Customer may not use the API for any other purpose without its prior written consent. Customer must obtain an API Key from 3-GIS' support team. Customer may not share its API Key with any third party, must keep its API Key and all log -in information secure, and must use the API Key as its sole means of accessing the API. 3. Use Restrictions. In addition to all usage restrictions set forth in the Agreement, except as expressly authorized under this Attachment, Customer may not: (a) copy, modify, or create derivative works of the API, in whole or in part; (b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the API; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the API, in whole or in part; (d) remove any proprietary notices from the API or API Key; or (e) use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. Customer will comply with all terms and conditions of this Attachment, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be included in the Documentation from time to time. 4. Customer Applications. Customer agrees to monitor the use of the API for any activity that violates applicable laws, rules, and regulations or any terms and conditions of this Attachment or the 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 27 of 29 Page 509 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Agreement. As between Customer and 3-GIS, Customer is responsible for all acts and omissions of its end users in connection with Customer Application and their use of the API, if any. Customer agrees that Customer is solely responsible for posting any privacy notices and obtaining any consents from its end users required under applicable laws, rules, and regulations for their use of Customer Applications. 5. No Support Services; Updates. This Attachment does not entitle Customer to any Support Services for the API. Customer acknowledge that 3-GIS may update or modify the API from time to time and at its sole discretion (in each instance, an "Update"), and may require Customer to obtain and use the most recent version of the API. Updates may adversely affect how Customer Applications communicate with the 3-GIS Products. Customer is required to make any changes to Customer Applications that are required for integration as a result of such Update at its sole cost and expense. Customer continued use of the API following an Update constitutes binding acceptance of the Update. 6. Intellectual Property Ownership; Feedback. Customer acknowledges that 3-GIS and/or its licensors own all right, title, and interest, including all intellectual property rights, in and to the API and the 3-GIS. Customer will use commercially reasonable efforts to safeguard the API (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Customer will promptly notify 3-GIS if Customer becomes aware of any infringement of any intellectual property rights in the API. If Customer or any of its employees, contractors, and agents sends or transmits any communications or materials to 3-GIS by mail, email, telephone, trouble ticket, or otherwise, suggesting or recommending changes to the API and/or the 3-GIS Products, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), all such Feedback is and will be treated as non -confidential. Customer hereby assign to 3- GIS on its behalf, and on behalf of its employees, contractors, and agents, all right, title, and interest in, and 3-GIS is free to use, without any attribution or compensation to Customer or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although 3-GIS is not required to use any Feedback. 7. Disclaimer of Warranties. Notwithstanding anything in the Agreement or this Attachment to the contrary, THE API IS PROVIDED "AS IS" AND 3-GIS SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. 3-GIS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON - INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 3-GIS MAKES NO WARRANTY OF ANY KIND THAT THE API, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY THIRD PARTY'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY CUSTOMER APPLICATIONS, SYSTEM, OR OTHER SERVICES, OR ANY THIRD PARTY'S SOFTWARE, HARDWARE, FIRMWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR -FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 8. Indemnification. Customer agrees to indemnify, defend, and hold harmless 3-GIS and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to (a) its (or its officers, directors, employees, agents, affiliates) use or misuse of the API, (b) its breach of this Attachment, and (c) Customer Applications. In the event 3-GIS seek indemnification or defense from Customer under this provision, 3-GIS will promptly notify Customer in writing of the claim(s) brought against 3-GIS for which 3-GIS seek indemnification or defense. 3-GIS reserves the right, at its option and in its sole discretion, to assume full control of the defense of claims with legal counsel of its 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 28 of 29 Page 510 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC choice. Customer may not enter into any third -party agreement that would, in any manner whatsoever, constitute an admission of fault by 3-GIS or bind 3-GIS in any manner, without its prior written consent. In the event 3-GIS assume control of the defense of such claim, 3-GIS will not settle any such claim requiring payment from Customer without its prior written approval. 9. Limitations of Liability. SOLELY AS IT RELATES TO OR ARISES OUT OF THE GRANT OF API USAGE RIGHTS UNDER THIS ADDENDUM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL 3-GIS, ITS SUCCESSORS, OR ASSIGNS, BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (a) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API; OR (b) ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF FIVE HUNDRED DOLLARS EVEN IF 3-GIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR 3-GIS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. Term and Termination. The term of this Attachment commences when Customer executes the applicable Order for the API and will continue in effect until terminated as set forth in this Section or upon the expiration of the limited duration for API usage granted in the applicable Order for the API. Customer's right to use the API will terminate immediately and automatically if Customer violates any of the terms and conditions of this Attachment. Upon termination of this Attachment for any reason, all licenses and rights granted to Customer under this Attachment will also terminate and Customer must cease using, destroy, and permanently erase from all devices and systems Customer directly or indirectly control all copies of the API. Any terms that by their nature are intended to continue beyond the termination or expiration of this Attachment will survive termination. Termination will not limit any of 3- GIS's rights or remedies at law or in equity. 11. Export Regulation. In addition to the export obligations set forth in the Agreement, Customer will not make the API accessible from or to any jurisdiction or country to which export, re- export, or release is prohibited by applicable law, rule, or regulation. END OF API LICENSE TERMS AND CONDITIONS 3-GIS CONFIDENTIAL - RESTRICTED ACCESS This document and the confidential information it contains shall be distributed, routed, or made available solely to authorized persons having a need to know within 3-GIS or Customer's organization, except with written permission of 3-GIS. Page 29 of 29 Page 511 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Order Number 01 Customer No. C-2022-10-02874 April 15, 2024 3mGIS ® BY SSP INNOVATIONS ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 1 Page 512 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Table of Contents 1 Overview 3 2 Contact Information 3 3 Service Subscriptions 4 4 Support Services 4 5 Fixed Price, T&M and Other Services 4 5.1 Fixed Price Fees 4 Time and Material Fees 5 6 Invoicing Schedule 5 7 API Access 7 7.1 Access Tier 7 8 Tasks To Be Performed 7 8.1 Project Management Services 7 8.2 Project Planning and Kickoff 8 8.3 Implementation and Deployment Services 8 8.4 Acceptance Testing 11 8.5 Training 11 9 Location of Services 13 10 Deliverable Acceptance Process 13 11 Anticipated Schedule of Services 13 12 Project Assumptions 14 13 Changes 14 14 Signatures 15 ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 2 Page 513 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Overview This Order ("Order Number 01"), adopts and incorporates by reference the terms and conditions of the 3-GIS On Premise Subscription and Professional Services Master Agreement ("Master Agreement"), which was entered into on between 3-GIS, LLC ("3-GIS") and City of Waterloo, Iowa and Waterloo Fiber ("Customer") (each a "Party" and together may be referred to as the "Parties"). This Order Number 01 is effective beginning on the date last executed by a Party hereto ("Effective Date") and will remain in effect until all obligations of each Party arising hereunder are fully and finally performed ("Expiration Date"), unless earlier terminated in accordance with the Master Agreement. Capitalized terms used but not otherwise defined in this Order Number 01 shall have the meanings set out in the Master Agreement. 3-GIS shall provide the following Services under the terms and conditions of the Master Agreement and any additional terms contained in this Order. Contact Information 3-GIS, LLC City of Waterloo, Iowa and Waterloo Fiber Sales Main Lori Sullivan Phone 512.983-5674 Isullivan@3-gis.com Chris Youngblut City of Waterloo, Director of Technology Phone: 319-291-4598 chris.youngblut@waterloo-ia.org Accounts Receivable Accounts Payable 720.279.9894, ext. 2500 (office) AR@sspinnovations.com Bridgett Wood City of Waterloo, Finance Director 715 Mulberry St. Waterloo, IA 50703 Bridgett.wood@waterloo-ia.org 319-291-0141 ext. 3009 Project Management Project Management TBD TBD ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 3 Page 514 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Service Subscriptions 3-GIS Product Qnty Subscription Duration Unit Fee Annual Fee 3-GIS Enterprise License Agreement (1) 3-GIS Network Solution Core Production Server (No Esri) 1 3 Year Subscription $17,500.00 $17,500.00 (1) 3-GIS Network Solution Core Non Production Server (No Esri) (20) 3-GIS Enterprise Advanced Web, Basic Web, or Mobile Named User Access Annual Total $17,500.00 Support Services 3-GIS shall provide ENTERPRISE Level 1 Support as described in the Support Matrix set forth in Attachment B of the Agreement. The annual fee associated with this Support shall be: 3-GIS Product Subscription Duration Quantity Unit Fee Annual Fee 3-GIS Level 1 Support Package 3 Year Subscription 1 $6,000.00 $6,000.00 Annual Total $6,000.00 Fixed Price, T&M and Other Services Fixed Price Fees Fixed Price Service Service Description Quantity Unit Fee Total 3-GIS Set Up Production Set up of 3-GIS Web Production Environment with Standard Schema and configuration. 1 $13,000.00 $13,000.00 ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 4 Page 515 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Fixed Price Service Service Description Quantity Unit Fee Total 3-GIS Set -Up Other Set up of 3-GIS Web Other Environment with Standard Schema and configuration. 1 $6,500.00 $6,500.00 Training- 3-GIS Web 1.5 days of Remote 3-GIS Web Training for up to 8 Users 1 $3,250.00 $3,250.00 Training- Admin 1/2 Day of Remote Admin Training for up to 5 System Administrators 1 $1,950.00 $1,950.00 Training- Server Training Up to 4 hours Remote 3-GIS Server Admin Training for up to 5 System Administrators. 1 $1,950.00 $1,950.00 Configuration Workshop Up to 8 hours of a remote workshop for gathering configuration requirements for the 3-GIS environment. 1 $4,300.00 $4,300.00 Total $30,950.00 Time and Material Fees T&M Services Service Description Quantity Hourly Rate Total T&M Professional Services 3-GIS Configuration T&M Block of Hours to be used for configuration of 3-GIS data schema, configuration of application or testing activities 40 $260.00 $10,400.00 Total $10,400.00 Invoicing Schedule Invoicing Schedule Line Item Milestone Amount Fee (USD) Subscriptions Payment Milestones ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 5 Page 516 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Invoicing Schedule Year 1 - Software Subscription Upon System Set -Up Completion 100% of Annual 3-GIS Software Subscriptions $17,500.00 Year 2 - Software Subscription Year 2 Renewal Date 100% of Annual 3-GIS Software Subscriptions $17,500.00 Year 3 - Software Subscription Year 3 Renewal Date 100% of Annual 3-GIS Software Subscriptions $17,500.00 Support Payment Milestones Year 1 - Level 1 Support Upon System Access 100% of Support Costs $6,000.00 Year 2 - Level 1 Support Year 2 Renewal Date 100% of Support Costs $6,000.00 Year 3 - Level 1 Support Year 3 Renewal Date 100% of Support Costs $6,000.00 Services Payment Milestones Installation and Configuration At Project Kick -Off 100% of Installation and Standard Configuration Services Costs $19,500.00 3-GIS Training Upon Completion of All Trainings 100% of 3-GIS Training Costs $7,150.00 Configuration Workshop Upon Completion of Workshop 100% of 3-GIS Training Costs $4,300.00 T&M Services Monthly (through the last Saturday of the Month) 100% of Used Hours $10,400.00 Total $111,850.00 ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 6 Page 517 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC API Access Access Tier 3-GIS shall provide Customer with Access Tier API access pursuant to the terms set forth in Attachment F of the Agreement. Access Tier is defined as follows: The Access Tier of 3-GIS APIs provide access to a limited library of APIs which are read-only and do not allow for the modification or creation of any data stored in 3-GIS. The Access Tier of API's include access to the following API endpoints: • OTDR Trace • Signal Trace • Common Point of Failure • Broadcaster • General Query Access Tier APIs are available to any 3-GIS Enterprise Customer. Access Tier APIs do not include access to any testing or development environments. The Access Tier API does not include support or consultation services around proper API usage or integrations, even if product Support Services are ordered. API support services may be ordered separately on a Time and Material basis. Tasks To Be Performed Project Management Services 3-GIS will provide a Project Manager (PM) to support the project for the duration of the project, to monitor the schedule and quality of the Deliverables, the project budget, and to specifically oversee the performance of the Services. Additionally, the 3-GIS Project Manager shall: • Review project objectives. • Identify all software installation, training, system design, system development, implementation, test activities, and network audit, system integration and deployment that 3-GIS, and its subcontractors shall complete and provide a project schedule for completing same • Facilitate communication between the Customer and 3-GIS personnel and subcontractors and direct the 3-GIS and subcontractor project personnel. ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 7 Page 518 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC • Monitor the progress of the Services and Deliverables and prepare progress/status reports on a regular basis. Project Planning and Kickoff 3-GIS Project Manager will schedule a project kickoff meeting to make introductions of project stakeholders, detail the project scope, cover any schedule needs and requirements, overview project milestones, build a communications plan, and assign action items to facilitate project progress. Implementation and Deployment Services 1.1.1 Software Installation 3-GIS is to deploy 3-GIS Web and Admin on customer owned servers and configure the 3-GIS solution based on the Standard configuration and schema. All work will be conducted remotely. 1.1.2 System Set-up 1.1.2.1 Standard Configuration 3-GIS will configure 3-GIS Web to include: • 1 Map Service • 2-3 User Groups (TBD License Type from EA) o Advanced o Administrator o Basic (TBD) ▪ Standard Plotting Template 1.1.2.2 Additional Configurations This order includes: • 8-hour configuration workshop will be conducted to review changes to be made to the system. The outcome of these workshop(s) is the Configuration request form. This form will outline all the requests and the estimated time to complete each task. • Not to exceed 40 hours of T&M services that can be used to configure to the standard setup and or support Acceptance Testing activities as referenced in RFP 1.6. However, the 3-GIS and Waterloo have agreed to forgo the RFP requirement where the Bidder will help develop the specific ATP tests and procedures that would be perform by the Owner and Bidder during implementation of the Proposed Solution. ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 8 Page 519 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC 1.1.2.3 Customer Architecture Selection The Customer is responsible for the set-up of the architecture where 3-GIS will be installed. The following must be set-up to complete the installation and configuration of 3-GIS. Full system requirements were provided in the 3-GIS system requirements provided to the customer. Below are set-up options that impact how the project will be completed: • Server Set-up three-tier with portal federation • Esri ArcGIS Server Advanced 10.9.1 o Esri ArcGIS Desktop 10.8.1 needed for publishing only • 3-GIS Configuration Database type will be Postgres • Esri Geodatabase will be Microsoft SQL • Authentication method will be Windows Active Directory 1.1.2.4 Inclusions • Standard setup includes: o Deployment of the standard 3-GIS system configuration and data model. • If no acceptance is given in five business days, the changes will be deemed as accepted. • Additional configuration as outlined in section 8.3.2.2 Exclusions • The items below are excluded from the standard setup and implementation of 3-GIS and will require a separate order form and/or CR. o Bill of Materials (BOM) o Quality Assurance/Quality Check (QA/QC) o Work Order configuration o Work Packets o Splice Audit and Reconcile o Duct space management o MDU o Mobile - Offline basemap support o Custom Reports o Material List o Annotate Features o Auto Dimensions ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 9 Page 520 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC o Schematics o Wavelengths o Complex Equipment o Equipment Manager • Set-up of system add -on licenses / extensions • Data loading or data migration not outlined in this Order. • Projections other than WGS84 Web Mercator • Customizations to the 3-GIS software code. • Data Conversion/Migration/Import (including non-telco) not outlined in this order. • Manage Tier API Access, unless purchased. • Additional Support for API utilization not outlined in this order. • 3-GIS Mobile for Android is delivered via an .apk file for side loading on devices. Delivery into a Mobile Data Management Platform or Private/Public Google Play Store is not included. 1.1.2.5 Setup Assumptions • Customer will have knowledgeable staff with the proper level of access to complete needed tasks. • Customer will have properly licensed versions of all software. • Customer will allow 3-GIS to have access to the system at some level (Full VPN access or supervised access). 1.1.2.6 Responsibility/Task Matrix Item Responsible Party Type User Names and Email address Customer Task Technical documentation (e.g., 3-GIS Knowledge Base, meeting notes, JIRA tickets) in electronic format 3-GIS Task Appoint project participants and stakeholders and define their roles during implementation Customer Task Static Corporate IP Address Customer Task ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 10 Page 521 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Acceptance Testing 1.1.3 Functional Acceptance Testing Overview 3-GIS will provide the Customer with a Functional Acceptance plan based on the standard configuration of the 3-GIS Network Solution. 3-GIS will install the standard configuration 3-GIS Network Solution software for Customer evaluation using the 3-GIS delivered and accepted Functional Acceptance plan documents. 3-GIS will provide remote staff to perform resolution support to issues discovered during the Functional Acceptance phase 1.1.3.1 Functional Acceptance Plan The Customer will test the 3-GIS application suite to verify that it functions in accordance with the 3-GIS delivered plan. The Customer will record results on the provided Acceptance Plan. Acceptance testing will be conducted over a period of five (5) business days immediately following 3-GIS Network Solutions software installation and LMS/E-learning training. 1.1.3.2 Issue Resolution Upon completion of the functional Acceptance Plan, 3-GIS will resolve known issues within five (5) business days. 1.1.3.3 Acceptance Criteria This phase will be considered complete once the test is able to be completed successfully. 1.1.3.4 Assumptions Customer will complete the online LMS/E-Learning prior to or as part of the Functional Acceptance Testing Training 1.1.4 Training Overview 3-GIS will conduct instructor -led training performed remotely in accordance with Customer purchased training options shown below. In addition, 3-GIS provides access to 3-GIS LMS training modules for all users. The training modules are web -based and use a named user access method. Dates for training are scheduled a minimum of two weeks in advance. LMS modules should be completed by all trainees at least 3 days before the instructor lead training date. ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 11 Page 522 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC 1.1.5 Training Ordered Course Description Intended Audience Delivery Method Seats In Course Duration (Days) 3-GIS Web Advanced Users Remote 5 1.5 Days 3-GIS Admin Admin Users Remote 5 .5 Days 3-GIS Systems Admin System Admins Remote 5 .5 Days 3-GIS Online Learning (LMS) All Users with Named User Accounts Remote Equal to named users Self -Paced 1.1.6 Training Responsibility/Task Matrix Item Responsible Party Type 2.5 days of training to include: 3-GIS Web, 3-GIS Admin, and System Admin 3-GIS Task Access to 3-GIS E-Learning/LMS training modules for named users 3-GIS Task Names and Email accounts of uses for E-Learning/LMS accounts Customer Task Attendance of appropriate staff at training sessions and equipped with computers Customer Task Training room and projectors Customer Task Complete needed LMS/E-Learning Courses prior to the start of instructor led training Customer Task 1.1.7 Training Assumptions Training Assumptions • For Mobile Training, the Customer must have 3-GIS mobile tablets prior to training. o The device must be running Android Pie 9.0 or above o 64-bit processor o Minimum 16 GB of free storage o Minimum 4 GB of Ram o A file manager app must be installed on the Android device. • 3-GIS staff will have access to internet while in training sessions. ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 12 Page 523 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC • Customer's internet can support all users using 3-GIS and a video conferencing system. • All on -site training assumes safe travel conditions for the 3-GIS staff. If travel is not possible, training will be conducted remotely. • Customer will take the LMS online courses prior to onsite/remote training for best results. • 3-GIS Training staff will be provided access to the customer environment at least 3 business days in advance of the scheduled customer training. Location of Services All services will be provided remotely. Deliverable Acceptance Process Acceptance of deliverables should be made in writing within five (5) to ten (10) business days of receipt, as defined in the final deliverable schedules. Each deliverable requiring the Customer's approval shall be deemed accepted and "signed off" by the Customer unless rejected, in writing, within 10 consecutive business days of receipt. Rejection notification must include sufficient written detail to enable 3-GIS to make any necessary changes and deliver contractually compliant final deliverable. Anticipated Schedule of Services The following represents an estimated timeline for the services listed in this order form. At contract sign -off, the schedule will be reviewed and updated per 3-GIS and customer availability. Week Description Responsibility Week 0 Contract Signed 3-GIS and WL Week 2 Project Kickoff 3-GIS and WL Week 3 Esri Server Setup WL Week 4 Server Environment Walkthrough 3-GIS Week 5 3-GIS System Install (Dev and Prod) 3-GIS Week 6 Customer FAT Completion and Resolution WL Week 7 Training 3-GIS and WL ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 13 Page 524 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Week 8 Configuration Spreadsheet review 3-GIS and WL Week 9 Configuration Workshop 3-GIS and WL Week 10 Configuration of the System 3-GIS Week 11 Final Acceptance 3-GIS and WL Week 12 Support Handoff 3-GIS and WL Project Assumptions 3-GIS price proposal is based upon the following key assumptions: • Customer will have proper staff available for project needs, including a project lead. • Customer will be in communication with 3-GIS staff as needed to complete the scope of work as outlined in this order within the timeline specified. • Customer will provide 3-GIS resources with timely remote and adequately privileged access to systems required. • Customer will perform reviews of, provide verbal feedback and digital correspondence for, and provide approval (where required by 3-GIS) of any 3-GIS (or partner) generated documentation or portions of the solution, including customer testing activities, as dictated within the agreed -upon project schedule. • If significant delays to the project occur because these assumptions are not met, a Change Request may be required to extend the project schedule and cost (or "to determine the impact to cost and schedule of the project"). • Payment and applicable fees will be due per the terms and conditions outlined in this order form upon the email receipt of each invoice notwithstanding any other requirements you may request for invoice delivery. • If your company requires a purchase order (PO) to make a payment, please provide the P0, including PO # and Amount, immediately upon contract signing. PO amount should equal the total amount of the services listed in the order form. Changes During 3-GIS' performance under this Order Number 01, either Party may request a Change in the Order's scope in a writing delivered to the other Party's project manager. Any modification ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 14 Page 525 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC of this Order must be made by a Change Order. No Change, as contemplated in this paragraph, shall become effective until such Change is agreed to by both Parties in a written Change Order. Signatures IN WITNESS WHEREOF, the Parties hereto have executed this Order Number 01 as of the dates referenced below, and each signatory further represents that they are duly authorized representatives as of the dates below. AGREED BY: City of Waterloo, Iowa By: By: Name: Quentin Hart Name: Title: Mayor Title: Date: Date: Waterloo Fiber By: Name: Andrew Van Fleet Title: Telecom Board Chair Date: 3-GIS, LLC bPsln mgvations jaulAtat, jettLiwaL �E9D8D3BE3700493... Jonathan Jachimiec Chief Financial Officer 12 April 2024 1 10:37 CDT ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 15 Page 526 of 630 DocuSign Envelope ID: 8DDD16CA-5D6C-40AD-863C-757137B99ACC Attachment — Certificate of Insurance March 2024 0 a CERTIFICATE OF LIABILITY INSURANCE AmA El? UM DATe @aroon-mi. a•27.2074 THIS CERTIFICATE IS ISSUED AS A NATTER OF INFOIIMATLON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEAL THIS CERTIFICATE DOES NIOT AFFIRMATIVELY OR MEGATNELY AMEND, EXTEND OR ALTER SHE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), ALfTHORIZED RCPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT_ If the certificate 1iotdur Is an ADDITIONAL INSURED, the policy{IesI must have AD1 TIQNAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, salbjecl to the lame and oondIllons oI the po+Ilcy, certain policies may require an endoTsornwH. A statement an this certificate does nat Confer rights to the certificate holder hn Lieu of such eodararrrengsl_ eT>aM= Lxklon Convenes, LLC 34357 Brie:oak Dr.. Sute 7Ua I l DU s}erl. TX 77042 OONTACT 9de -$755 �'� rUP Agxef . ram} 1 MC MI Am11eSS. 1%S.'Ln IrY1n1. rv.h1Crar I IKIr7 CCYI 11teuJeler4$J Arr CRD lr. Laveeeac FAKE mom, ,R Inio+Tirr Inshrineo Ca or Ntr71:r.,rnca Z-sa75 MILTED 3,019. LUG MOMARKET 97 NE STEC DECATUR, AL 35E01.1997 MUREX S: MetRe3r C: M Peeer e = NEMER r: COVERAGES CERTIFICATE MR.M®ER' REVISION NUMBER'. 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AMOIE RSLASED ROUGESISEr LLED OE rCR Thf EdetA7141.1 rare TIIS1eR, MDtICe PILL re eeLMemo M or4oteureeze erne TMe ram? rM0rs1eTLS A LITHO PELTED RAP a YMTATIT 19-98•20.18 ACOUORW3RF,TT{PFf1-?OF^ rise ACORD 25 I2a16l05) Thu ACORD ILerne and 14..ifu a pc rogi strred Ina rks oI ACORD ©2022 3-GIS, LLC CONFIDENTIAL AND PROPRIETARY Page 16 Page 527 of 630 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 April 15, 2024 AGENDA ITEM TITLE Resolution approving a Permanent and Temporary Easement Agreement for $1,785.87 with Dustin L. Greiman and Amber M. Greiman, related to the construction of a sanitary sewer along East Orange Road, located northeast of 6101 Kimball Avenue between Kimball Avenue and Highway 21, and authorizing Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The city is working to install a sanitary sewer main along East Orange Road west of Highway 21 (Hawkeye Road). The sewer will be located within the right-of-way of East Orange Road, but a 15' wide permanent easement and 35' wide temporary easement is needed to install the easement, and maintain it in the future. The sewer will open up additional lands for future development. The easement is valued at $1,785.87, and the abutting property owner, Dustin and Amber Greiman, have signed the agreement. NEIGHBORHOOD IMPACT This will have a positive impact to the city by upgrading the sewer service and making more land available for development. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Sewer funds ALTERNATIVE ACTION Page 528 of 630 LEGAL DESCRIPTION Description Permanent Easement: A permanent easement for the installation and maintenance of sanitary sewer, over, under, upon, and across the south 15 feet of the north 55 feet, of the Northwest Quarter (NW 1/4), Section 22, Township 88 North, Range 13 West of the 5th Principle Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 750 feet thereof, and except that part lying east of the west line of Iowa State Highway No. 21, containing 26,762 square feet (0.614 acres more or less). ATTACHMENTS 1. E Orange Rd Sewer Eastement Greiman signed 2. ORANGE SEWER EASEMENT_PLAT_DRAFT_4-2-2024 3. ORANGE SEWER PID GREIMAN 4-1-2024 Page 529 of 630 Prepared by: Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 —(319) 291-4366 PERMANENT AND TEMPORARY EASEMENT AGREEMENT This Permanent and Temp ary Easement Agreement (the "Agreement") is entered into as ofAteA , 202 by and between Dustin L. Greiman and Amber M. Greiman ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Permanent and Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of $14785.11.87, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a permanent and temporary easement for purposes relating to construction of the Improvements (the "Permanent and Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Permanent and Temporary Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. The Permanent Easement shall run with the land and be binding on the Grantor, or any transferees, successors and assigns. The Temporary Easement shall expire upon conclusion of all construction, cleanup, and demobilization activities upon the Premises and adjacent land, or October 30, 2025, whichever occurs first. 2. Purpose. The Permanent and Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to construct a sanitary sewer main on the property in question south of East Orange Road (the "Improvements"). It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Permanent and Temporary Easement Premises to Grantee, "as is, where is", without any representation or warranty as to the condition of same. Grantor shall have no duty to prepare the Permanent and Temporary Easement Premises in any way for Grantee's use, Following transfer of possession of the Permanent and Temporary Easement Premises, Grantor shall have no further duty or obligation with respect to same, except as set forth herein. Grantor may mow or care for grasses, vegetation, or crops growing in the Permanent and Temporary Easement Premises during the period of the Temporary Easement of this Agreement, but may not conduct other activities upon the Permanent and Temporary Easement Premises without the prior written consent of Grantee. Grantor agrees that any activities that Grantor, its officers, employees, contractors or agents undertake on the Permanent and Temporary Easement Premises during the term of the Temporary Easement shall be at their sole risk, and Grantor hereby agrees to indemnify Grantee, its officials, officers, employees, contractors and agents, with respect to any and all claims for injuries, death, property damage, property loss, crop damage, crop loss, or Page 530 of 630 otherwise, arising from the acts or omissions of Grantor, its officers, employees, contractors or agents, on or about the Permanent and Temporary Easement Premises during the term of the Temporary Easement. After construction of the Improvements is complete, Grantee will be responsible for any damages to the property, including crop damage or crop loss, arising out of any maintenance activity within the Permanent Easement Premises, and will restore the property similar to pre -damage condition. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. DUSTIN L. GREIMAN AMBER M. GREIMAN STATE OF IOWA ) ss. BLACK HAWK COUNTY ) CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Acknowledged before me o�LCIr , 202,3', by Dustin L. Greiman and Amber M. Greiman as Owners. row, TRACK S ROSS COMMISSION NO. 811963 MY COMMISSION EXPIRES - ZpZH STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Notary Public Acknowledged before me on , 2023, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 531 of 630 Location Description: Index Legend NW 1/4, SEC. 22, T88N, R13W City of Waterloo, Black Hawk County, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: Dustin L. Greiman Surveyor: William W. Castle Surveyor Company: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 (319) 291-4312 Plat of Easement Northwest Quarter, Section 22, Township 88 North, Range 13 West of the 5th Principle Meridian City of Waterloo, Black Hawk County, Iowa Permanent Easement Description: A permanent easement for the installation and maintenance of sanitary sewer, over, under, upon, and across the south 15 feet of the north 55 feet, of the Northwest Quarter (NW 1/4), Section 22, Township 88 North, Range 13 West of the 5th Principle Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 750 feet thereof, and except that part lying east of the west line of Iowa State Highway No. 21, containing 26,762 square feet (0.614 acres more or less). Temporary Easement Description: A temporary easement for the installation and maintenance of sanitary sewer, over, under, upon, and across the south 35 feet of the north 55 feet, of the Northwest Quarter (NW 1/4), Section 22, Township 88 North, Range 13 West of the 5th Principle Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 750 feet thereof, and except that part lying east of the west line of Iowa State Highway No. 21, containing 62,370 square feet (1.432 acres more or less). This Plat or Survey is not a division of land. Signature of Surveyor Date PRE I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. LIMINARY William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2023. Pages or sheets covered by this seal : Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Easement area: 89,132 square feet (2.046 acres). City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Chkd By: WWC Field Work: 5-2-203 Date Drawn: 5-24-2023 Sheet No. 1 of 2 Page 532 of 630 Plat of Easement Northwest Quarter, Section 22, Township 88 North, Range 13 West of the 5th Principle Meridian City of Waterloo, Black Hawk County, Iowa Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Permanent easement area: 26,762 square feet (0.614 acres). 4. Temporary easement area: 62,370 square feet (1.432 acres). Plat Legend: • Found Monument O Set 5/8" x 24" Rebar w/Blue Cap "Iowa - 19715" ® Cut "X" in concrete, found or set A Found section corner monument • Set section corner monument 123.45' Record Measurement (123.45') Field Measurement z 150 300 Scale: 1 inch = 300 feet m 0 A cz crn>0 nzz nnm 00� Ozcn c)Pm N P o O O N w Z m� oAw NORTH/SOUTH CENTERLINE SEC. 22, T88N, R13W (N 0°31'05" W 3,513.6') CENTERLINE IOWA HIGHWAY NO. 21 PER LAND DEED BOOK 123 PAGE 317 SE CORNER SEC. 22-88-13 FD. #5 REBAR IN PAVEMENT PER USPLSSCC DOC. 2003-1650 WEST LINE NW 1/4 NW 1/4, SEC. 22 (N 0°09'02" - V- `J 1,321.20') C XJ CO CO CO cnmmm� -0 —I �DNQ w z D N A 02nCOZ opcniiizim O13 O m 2 w z nwm N m Z Oco Z1 • = A • M o D v - v - 0 2 —1 mm 4— (,00 9£ .M20,60o0 N) rn CO CO (A0 91 .M20,60o0 N) (N 04°45'00" E 653.45') (N 0°31'05" W 651.47') IA HWY No. 21 (,00.017.M20,60o0 N) C09 08L' 1 M ..ZZ.Zl068 s) (.90'09L 3 „ZZ,Z1-o68 N) GVOd 3ONV dO 1S113 (,8£i99'Z 3 „ZZ,ZI 68 N) (.61"017 M..00.917o170 S) ZZ •03S b/1 MN 3N11 H12:1ON (.v611 M„ZZ.Z1o68 S) c m 0) z _ocn0m* •n 0 0zco 0 O L F ` m P z o N O N D rn m 17 ✓ CO 0 q 0o O o � m v A mD A z N.) 0 m m 0 m 0 _ 0 1 cmz -o - 1 = A 0D0 momm —I0mPJ c a P 2 cn E N 0 m m w Am' f11 co Z7w IA HWY 21 . (20.9') EAST OF N 1/4 CORNER m NE CORNER SEC. 22-88-13 —FD. #4 REBAR IN HMA PER USPLSSCC DOC. 2017-15850 City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Chkd By: WWC Field Work: 5-2-203 Date Drawn: 5-24-2023 Sheet No. 2 of Page 533 of 630 SE 1/4, SW 1/4 SEC. 15, T88N, R13W DUSTIN L. GREIMAN PIN: 8813-15-376-001 N 1/4 CORNER SEC. 22-88-13 FD. HOLE IN HMA MEETING TIES PER USPLSSCC DOC. 2017-15849. SET 3" MAG SPIKE. (N 89°12'22" E 1,784.49') N CA CAN NORTH LINE NW 1/4 SEC. 22 AI Al PROPOSED SANITARY SEWER MAIN CA EAST ORANGE ROAD EX. ROW LINE ennl n Al 15' PERM. EASEMENT — A AI nl cn •••••••••••••••••••••••••••••••••••••••1 (S 89°12'22" W 1,780.50') NE 1/4, NW 1/4 SEC. 22, T88N, R13W DUSTIN L. GREIMAN PIN: 8813-22-126-001 35' TEMP. EASEMENT WEST LINE OF IA HWY 21 ROW PER LAND DEED BOOK 123 PAGE 317 (S 89°12'22" W) (119.1') (S 04°45'00"W) (40.19') (S 04°45'00"W) (15.07') (S 04°45'00"W) (35.16') EAST LINE NW 1/4, SEC. 22, T88N, R13W IA HWY No. 21 NW 1/4 CORNER SEC. 22-88-13 FD. MAG NAIL IN HMA PER USPLSSCC DOC. 2020-16277 SW 1/4, SW 1/4 SEC. 15, T88N, R13W PARADISE ACRES, LLC PIN: 8813-15-351-005 APPROXIMATE 1/4 1/4 LINE SE 1/4, SW 1/4 SEC. 15, T88N, R13W DUSTIN L. GREIMAN PIN: 8813-15-376-001 (N 89°12'22" E) (750.05') (N 0°09'02"W') (40.00') (N 0°09'02"W') (15.00') (N 0°09'02"W') (35 00') NORTH LINE NW 1/4 SEC. 22 AN PROPOSED SANITARY SEWER MAIN 15' PERM. EASEMENT EAST ORANGE ROAD (N 89°12'22" E) (578.64') e► SAN N (N 89°12'22" E 1,784.49') S N SA EX. ROW LINE CA 35' TEMP. EASEMENT NW 1/4, NW 1/4 SEC. 22, T88N, R13W DUSTIN L. GREIMAN PIN: 8813-22-101-011 1/4 1/4 LINE (S 89°12'22" W 1,780.50') NE 1/4, NW 1/4 SEC. 22, T88N, R13W DUSTIN L. GREIMAN P/N: 8813-22-126-001 Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. PIN: 8813-22-126-001 Permanent easement area: 18,083 square feet (0.415 acres). Temporary easement area: 27,478 square feet (0.631 acres). 4. PIN: 8813-22-101-011 Permanent easement area: 8,680 square feet (0.199 acres). Temporary easement area: 20,253 square feet (0.465 acres). Plat Legend: • Found Monument C Set 5/8" x 24" Rebar w/Blue Cap "Iowa - 19715" ® Cut "X" in concrete, found or set A Found section corner monument • Set section corner monument 123.45' Record Measurement (123.45') Field Measurement 0 37.5 75 Scale: 1 inch = 75 feet E. ORANGE RD. SANITARY SEWER EXTENSION GREIMAN PARCEL IMPACT DIAGRAM City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Chkd By: Field Work: 5-2-203 Date Drawn: 8-30-2023 Rev. Date: 4-1-2024 Sheet No. 1 of 1 age 3.54 0l 0,su 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 April 15, 2024 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 Western Avenue on school -owned property, located at 1115 West 5th Street (Irving Elementary School). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Waterloo Community School District (WCSD) demolished Sloan Wallace Stadium in 2022 and, due to the stadium's location, the public sidewalk along the east side of Western Avenue is located at the back of curb of the street. Now that the stadium is gone, the WCSD is granting the city a 10' wide public sidewalk easement onto their property to remove the old sidewalk and construct a new one. The closest edge of the new 5' sidewalk will be approximately 10' from the street. The WCSD school board has already approved granting the easement to the city. The dimensions of the easement are shown on Exhibit "A". NEIGHBORHOOD IMPACT Reconstructing the sidewalk in a different location will maintain good pedestrian connectivity to the school and the neighborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The WCSD will be responsible for construction of and future maintenance of the new sidewalk. ALTERNATIVE ACTION Page 535 of 630 LEGAL DESCRIPTION That part of vacated Western Avenue right of way adjacent to Block 5, Leavitt, Johnson an Miller Addition, Waterloo, Black Hawk County, Iowa described as follows: Commencing at the southwest corner of said Block 5; thence South 89 degrees 23 minutes 56 seconds West, on the westerly extension of the south line of said Block 5, a distance of 11.20 feet to the point of beginning; thence continue South 89 degrees 23 minutes 56 seconds West, on said south line, 10.00 feet; thence North 01 degrees 51 minutes 33 seconds West, 299.96 feet to a point on the westerly extension of the north line of said Block 5; thence North 89 degrees 22 minutes 21 seconds East, on said north line, 10.00 feet; thence South 01 degrees 51 minutes 33 seconds East, 299.96 feet to the point of beginning. ATTACHMENTS 1. Easement Agreement and Easement Plat Page 536 of 630 Easement for Public Sidewalk Recorders Cover Sheet Preparer Information: ISG 217 East 2nd Street Suite 110 Des Moines, IA 50309 Return Document To: ISG 217 East 2nd Street Suite 110 Des Moines, IA 50309 Grantors: Waterloo Community School District Grantees: City of Waterloo Legal Description: 'SE - ktiALttEAD - 3 t T Page 537 of 630 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, in consideration of the sum of One Dollar ($1.00), to be paid by the CITY OF WATERLOO, IOWA (herein called "City"), and other 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 under, over, through, and across the following described real estate: (legal description) CS'GC a.4kilt-Vve� K t t i Al (hereinafter called "Easement Area") for a public sidewalk on the surface of said Easement Areas designated above as "Easement for Public Sidewalk" in 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: 1. ERECTION OF 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 OF USE 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 include removal of any obstructions or structures placed or erected in the easement area. 5. MAINTENANCE AND REPAIR: The maintenance 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 Iowa. 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 538 of 630 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 Z5�day of MUCK , 202 Grantor A5-VoY \nlitlta Y d President Type or legibly print Grantor's name STATE OF IOWA ) ( ss COUNTY OF BLACK HAWK ) On this 2_541r1 day of '( )arch undersigned, a Notary Public in and R3tc \AJ l kia person(s) named in the foregoing voluntary act and deed. , 20 2A, before me, the for the State of Iowa, personally appeared , to me known to be the identical instrument and who executed the same as his/her/their Notary Public in and fort be State of Iowa PAMELA 0 AANDORFER Commission der 766854 Arty Commission Expires 2--2.4-7_.ozw Page 539 of 630 CAD FILE NAME 258 10.00 N89°2221 E i I 1 I I I I — 80 NW Corner Block 5 \- E. Line - Block 21.2 N - N. Line Block 5 0 30 60 • • Scale in Feet « LEGEND i ,' /i ii i ir--r- /i34:4 ,.5(3/i / ii/�iiWI/ Lit/ L/ I I - Point of Beginning Easement 00 SW Corner - Block 5 ti ��oN PLEASANT STREET CO co CO • Iron Monument Found - S. Line - Block 5 EASEMENT DESCRIPTION: That part of vacated Western Avenue right of way adjacent to Block 5, Leavitt, Johnson an Miller Addition, Waterloo, Black Hawk County, Iowa described as follows: • Commencing at the southwest corner of said Block 5; thence South 89 degrees 23 minutes 56 seconds West, on the westerly extension of the south line of said Block 5, a distance of 11.20 feet to the point of beginning; thence continue South 89 degrees 23 minutes 56 seconds West, on said south line, 10.00 feet; thence North 01 degrees 51 minutes 33 seconds West, 299.96 feet to a point on the westerly extension of the north line of said Block 5; thence North 89 degrees 22 minutes 21 seconds East, on said north line, 10.00 feet; thence South 01 degrees 51 minutes 33 seconds East, 299.96 feet to the point of beginning. BASIS OF BEARING: AREA TABLE: The orientation of this bearing system is based on the south line of Total Area = 3,000 sq.ft. Block 5. Said line bears South 89 degrees 23 minutes 56 seconds West. EXHIBIT A - PUBLIC SIDEWALK EASEMENT PROJECT SLOAN WALLACE STADIUM PARK VACATED W. 6TH STREET R.O.W. WATERLOO, BLACK HAWK COUNTY, IOWA SHEET 1 OF 1 Page 540 of 630 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 April 15, 2024 AGENDA ITEM TITLE Resolution to approve an Amendment to the Development Agreement with LG Companies, LLC, originally executed on April 21, 2021, in conjunction with the development of property located near 1012 Fletcher Avenue, to allow LG Companies, LLC to construct drainage improvements across and beneath adjacent city property, approve reimbursement for one-half of the cost, $1,600.00, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve SUMMARY STATEMENT AND BACKGROUND INFORMATION The original agreement allowed for the construction of 4 residential units near the Byrnes golf course along Fletcher Avenue. This amendment will allow for the developer to complete drainage improvements that involve city -owned property for the overall area. The City will be paying for half of the cost of drainage improvements. The total cost is estimated at $1,600.00. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuisance Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION Page 541 of 630 ATTACHMENTS 1. LG project agt and easement 3-23-24 2. LG Companies, Dev Agmnt - 3.1.2021 (RECORDED) 3. LG Companies Drainage Estimate Page 542 of 630 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 (319) 234-5701 PROJECT AGREEMENT AND EASEMENT This Project Agreement and Easement (the "Agreement") is entered into as of , 2024, by and between City of Waterloo, Iowa ("City") and LG Companies, LLC ("LG"). RECITALS A. City and LG are parties to a certain Development Agreement dated March 1, 2021 and filed April 21, 2021 as Doc. No. 2021-22124 (the "DA") concerning the development of property as described therein, which has more recently been made the subject to a horizontal property regime known as "Rose Garden Condominiums" (the "LG Property"). B. City is the owner of real property that abuts the LG Property on the northwesterly side thereof, lying between the LG Property and the access drive to the golf course clubhouse (the "City Property"). C. The parties desire to set forth herein the terms on which they will cooperate with respect to certain storm water drainage improvements that are needed in connection with the project provided for in the DA. AGREEMENT NOW, THEREFORE, in consideration of mutual promises exchanged herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. LG will construct a pipe or tile line (the "Drainage Improvements") across and beneath the City Property to convey to the public storm sewer system water discharge from one or more sump pumps located on the LG Property. The parties will mutually agree on the location of the Drainage Improvements. LG will submit plans to City for prior approval and will undertake all work in accordance with applicable laws and ordinances. Upon completion of any activity to construct, inspect, repair, maintain, replace or remove the Drainage Improvements, LG will restore the condition of the City Property to its condition before such work was performed, including but not limited to leveling the ground and seeding the area with grass. Page 543 of 630 2. City will reimburse LG for one-half of the cost of the Drainage Improvements, within thirty (30) days after LG documents such costs to City's reasonable satisfaction. City shall not be liable for the cost of any related improvements that LG constructs upon the LG Property. 3. City hereby grants to LG, its successors, assigns and transferees of the LG Property, a non-exclusive, perpetual easement over, upon, across and beneath the City Property for construction, repair, maintenance, replacement and removal of the Drainage Improvements, together with reasonable rights of ingress and egress for such purposes. Such easement shall run with the land. At the request of either party, the parties will amend this Agreement to add an exhibit that describes and/or depicts the actual location of the Drainage Improvements. 4. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. This Agreement may be amended only in a written instrument executed by the Parties. 5. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors, assigns and transferees. 6. This Agreement may be executed in multiple counterparts, all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Project Agreement and Easement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA LG COMPANIES, LLC By: By: Quentin Hart, Mayor Kyle Larson, Manager Attest: Kelley Felchle, City Clerk STATE OF IOWA, BLACK HAWK COUNTY) ss: Acknowledged before me on , 2024 by Quentin Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 544 of 630 STATE OF IOWA, BLACK HAWK COUNTY) ss: Acknowledged before me on , 2024 by Kyle Larson as President of LG Companies, LLC. Notary Public 3 Page 545 of 630 I MII 1111111 11111 4 Doc ID. 010132390012 Type GEN Recorded: 04/21/2021 at 03:35:55 PM Fee Amt: $62.00 Page 1 of 12 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2021_00022124 4 01.11 o %ia1 lcp Preparer. Christopher S. Wendland. P.O. Box 596. Waterloo. Iowa 50704 (319) 234-5701 Alter recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 3/1/2021 , by and between LG Companies, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct twin homes and related improvements on property it owns or is acquiring in the City of Waterloo. B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) 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. Project Property. Company shall complete the acquisition of real property described on Exhibit "A" attached hereto (the Property"). In addition, and subject to the terms hereof, City shall convey to Company for the sum of $5,000.00 (the "Purchase Price") a parcel as described on Exhibit "B" attached hereto (the "City Parcel"). The Property and the City Parcel are collectively referred to as the "Project Property." Conveyance of the City Parcel shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the City Parcel; and (d) restrictions imposed by the City 1 09 Page 546 o1 �130 zoning ordinances and other applicable law. Conveyance of the City Parcel shall be made in its "AS -IS" condition. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter, and proof that Company has acquired the Property. Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 2. Improvements by Company. After assembly of the Project Property, Company shall thereafter demolish existing structures, clear and ready the land for construction, and undertake and complete construction of two twin homes (for a total of 4 units) to a finished state, including installation of driveways 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 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 Project Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the first twin home within six (6) months after conveyance of the City Parcel (the "Project Start Date"), must Substantially Complete construction of same within twelve (12) months, must begin construction of the second twin home within six (6) months after completion of the first twin home, and must Substantially Complete construction of all Improvements within twelve (12) months thereafter (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 10, and 2 Page 547 of 630 City shall have no further obligation hereunder with respect to such Project. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal.to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 10, title to the City Parcel shall revert to the City, and City shall have no further obligation hereunder with respect to such Project. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the City Parcel that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the City Parcel. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the City Parcel of any type or nature whatsoever that attaches to the City Parcel by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. 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 Page 548 of 630 6. Incentives. After the Improvements have been Substantially Completed, Company will be eligible for the following incentives: A. Infill Housing Grants. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 for each unit timely completed, for a total incentive of $20,000.00, payable in full within thirty (30) days after all Improvements have been Substantially Completed. B. Purchase Price Refund. Within thirty (30) days after Company has Substantially Completed all the Improvements, City will refund the Purchase Price to Company. C. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company meets all requirements to qualify for such exemption. 7. 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 the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. 8. 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. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: 4 Page 549 of 630 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 Toss or damage to property or any injury to or death of any person occurring at or about the Project 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 Project Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. 5 Page 550 of 630 B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 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 Project Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the City Parcel. C. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 6 Page 551 of 630 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 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 7 Page 552 of 630 goveming 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 PO Box 277, Cedar Falls, IA 50613, Attention: Kyle Larson, with copy to Beecher Law Firm, PO Box 178, Waterloo, IA 50703, Attention: Eric W. Johnson. 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. 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 8 Page 553 of 630 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 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] 9 Page 554 of 630 CITY OF WATERLOO, IOWA LG Companies, LLC By: Quentin M. Hart, Mayor Attest Kelley felchle 6 Kelley Felchle, City Clerk 10 Manager Page 555 of 630 EXHIBIT "A" Property Description UNPLATTED WATERLOO WEST NWLY 94.11 FT OF THE FOLL COM AT PT ON CENTER LINE W 4TH ST 472,1 FT SW FROM INTERS WITH THE S LINE NW NE SEC 34 T 89 R 13 TH NW 330 FT SW 9 RDS SE 330 FT NE 9 RDS EXC STREET SEC 34 T 89 R 13 1 Page 556 of 630 EXHIBIT "B" City Parcel Description Parcel "G" of Plat of Survey Doc. #2021-15640 of part of the NEY4 of Section 34, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. Page 557 of 630 Dirtworks Construction 7227 N Union Rd Cedar Falls, IA 50613 LGC PO Box 277 Cedar Falls, IA 50613 Description Estimate Date 4/4/2024 Estimate No. 771 DIRTWORKI CONSTRUCTION Fletcher Tile Line Rate Install tile line behind all 4 units from 1010-1020 Fletcher down to city storm intake. Tie in all sump lines and down spouts on the back of the units 1,600.00 Total $1,600.00 Page 558 of 630 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 April 15, 2024 AGENDA ITEM TITLE Resolution for a phased Development and Minimum Assessment Agreement with Short Enterprises, LLC, and Daniel M. Williams, to construct two forty -foot by one hundred eighty -foot mini -storage buildings, with a minimum assessed value of $525,570.00, and property tax rebates of fifty percent for five years, located west of 1250 West Airline Highway, in the East Waterloo Unified TIF District, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for a phased Development Agreement and Minimum Assessment Agreement with Short Enterprises, LLC and Daniel M. Williams, to construct two 40' x 180' mini - storage buildings, with a minimum assessed value of $525,570.00, property tax rebates of 50 percent for five years, located west of 1250 West Airline Highway, in the East Waterloo Unified TIF District, and authorizing the Mayor and City Clerk to execute said documents. There are three phases planned for this project, with the first phase beginning this year and the two others occurring in 2025 and 2026. The first phase consists of two 40' x 180' buildings having a total of 14,400 square feet. The second phase consists of two buildings, which are 40' x 170' (6,800 SF) and 40' x 160' (6,400 SF). The third phase also has two buildings, each 40' x 160' (6,400) and the development agreement notes that none of the buildings constructed in the three phases shall be less than 6,400 square feet each. The initial phase has property tax rebates of five years at 50 percent and each additional phase will have its own development agreement. NEIGHBORHOOD IMPACT The new development will be compatible with other light industrial uses in the area. There are some nearby homes, but the Future Land Use Map shows this area as industrial. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 559 of 630 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES TIF Rebates ALTERNATIVE ACTION LEGAL DESCRIPTION Lots Nos. 1, 2 and 3 in Evergreen Acres, except the South 10 feet thereof, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1 Development Agreement 2. Site Plan 3. Building Plans Page 560 of 630 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT - Phased Development This Development Agreement (the "Agreement") is entered into as of , 2024 by and between Short Enterprises, LLC (the "Company"), Daniel M. Williams (the "Owner") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area (the "Urban Renewal Area"), pursuant to the East Waterloo Unified Urban Renewal and Redevelopment Plan (the "Urban Renewal Plan"). B. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"). C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company leases the Property from Owner. Company will undertake the Project (defined below) upon the Property. Owner hereby Page 561 of 630 consents to Company's development of the Property on the terms set forth in this Agreement. Company and Owner acknowledge that the terms and conditions of this Agreement are intended primarily, but not exclusively, to operate only between Company and City, unless expressly stated to the contrary. Company and Owner acknowledge that they will enter into one or more separate agreements between them to address responsibilities for compliance with this Agreement, payment of property taxes, distribution of Rebates (defined below), and any other matters about which they may mutually agree. 2. Development Phasing. The parties contemplate that Company may develop the Property in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: Each phase shall consist of two (2) commercial self -storage facilities of no less than 6,400 square feet each. Company shall construct on the Property the improvements described above, and related landscaping, storm water, paving, signage and parking improvements (collectively, the "Improvements"). The Improvements relating to each separate phase are referred to as the "Phase 1 Improvements," "Phase 2 Improvements," and "Phase 3 Improvements," as applicable. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. For each phase, City may require that Company submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans, If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any 2 Page 562 of 630 such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend to Company the incentives provided for in this Agreement and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Improvements to enable Company to Substantially Complete construction by the dates set forth below (each is a "Completion Deadline"): Phase 1 12/31/2024 Phase 2 12/31/2025 Phase 3 12/31/2026 For purposes of this Agreement, "Substantially Completed" means the date on which the phase Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element for which no permit was necessary has been 3 Page 563 of 630 Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination. If Company does not begin or Substantially Complete construction of each phase of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 18, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the applicable Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement as provided in Section 18, City shall have no further obligations to Company under this Agreement. 5. Utilities. Company will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay, or cause to be paid, when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company and Owner further agree that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" neither of them will seek or cause a reduction in the valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $525,570.00 (the "Phase 1 Minimum Actual Value"), through: (i) willful destruction of the Property, any Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company and Owner agree to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with construction of Phase 2 Improvements and Phase 3 Improvements, the parties will execute and record an 4 Page 564 of 630 amendment to the MAA for the purpose of increasing the Minimum Actual Value of the Property, 7. Tax Rebates. Provided that Company has completed any phase of Improvements before the Completion Deadline thereof, and that Company has executed an MAA with respect to a given phase of Improvements as set forth in Section 6 above, City agrees to rebate property tax (with the exceptions noted below) with respect to each separate phase of Improvements, as follows: Year One through Year Five 50% rebate each year for any assessed value added by the completed Phase 1 Improvements, Phase 2 Improvements and Phase 3 Improvements (each such payment is a "Rebate") over the base value of $39,270,00. For clarity, and subject to fulfillment of the conditions necessary to qualify Company for receipt of Rebates with respect to a given phase of Improvements, City shall pay five (5) years of Rebates for the value added by Phase 1 Improvements, an additional five (5) years of Rebates for the value added by Phase 2 Improvements and an additional five (5) years of Rebates for the value added by Phase 3 Improvements, and it is contemplated that the Rebate payment schedule for the different phases may for some years overlap. City shall pay all Rebates to Company. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The assessed value of the Property as a result of the Improvements constructed thereon must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate for a given phase of Improvements may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Phase 1 Improvements, Phase 2 Improvements or Phase 3 Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the phase Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event Phase 2 Improvements on the Property are completed prior to January 1, 2026 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, 5 Page 565 of 630 the property taxes that would be assessed based on the January 1, 2026 assessed value would be for the Fiscal Year ending June 30, 2028, with the taxes payable one- half by September 30, 2027 and one-half by March 31, 2028, then the first Rebate could be applied for after March 31, 2028 and prior to April 1, 2029. 8. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 7 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 7 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 7, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. 6 Page 566 of 630 C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 9. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation or expansion of a tax increment financing (TIF) district and/or amendment of the urban renewal plan, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 12 and by Owner in Section 13 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company and Owner shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 7 Page 567 of 630 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the termination date of the MAA(s), Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have an assessed value as set forth in the applicable MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the applicable MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and phase Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Reserved. 8 Page 568 of 630 H. All real property taxes and assessments payable with respect to any and all parts of the Property shall be paid no later than the due date thereof. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property, to Company or to Owner, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law or City ordinance, of the taxation of real property included within the Property. 10.1. Additional Covenants of Owner. All real property taxes and assessments payable with respect to any and all parts of the Property shall be paid no later than the due date thereof. Owner agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property, to Company or to Owner, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law or City ordinance, of the taxation of real property included within the Property. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. 9 Page 569 of 630 C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement 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. F. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 13. Representations and Warranties of Owner. Owner hereby represents and warrants as follows: A. 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. B. This Agreement is a valid and legally binding instrument of Owner that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. C. 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, any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which 10 Page 570 of 630 Owner is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. There are no actions, suits or proceedings pending or threatened against or affecting Owner in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which in any manner raises any questions affecting the validity of the Agreement or Owner's ability to perform its obligations under this Agreement. 14. Indemnification and Releases. A. Company and Owner hereby release City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or acquisition of the same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Owner or of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this paragraph are not intended to allocate liability as between Company and Owner. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company and Owner each agrees to protect and defend the indemnified parties, now or forever, and each further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all 11 Page 571 of 630 of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 16. No Assignment or Conveyance. Company and Owner each agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Any conveyance or transfer between Company and Owner or Owner's estate shall not require City's consent. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed under this Agreement. 17. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company or Owner of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City; C. Failure by Company or Owner to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days 12 Page 572 of 630 after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of the Property. F. Any representation or warranty made by Company or Owner in this Agreement, or made by Company or Owner in any written statement or certificate furnished by Company or Owner 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. 18. Remedies. A. Default by Company or Owner. Whenever any Event of Default in respect of Company or Owner occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company and Owner of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company or Owner 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 City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 19. Materiality of Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company and Owner to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and 13 Page 573 of 630 warranty constitutes a material inducement for City to enter this Agreement. Company and Owner each acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 20. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 21. 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. 22. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 230 State Street, Garner, Iowa 50438, Attention: Jeffrey A. Short. (c) If to Owner, at 4130 Logan Avenue, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 23. 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 14 Page 574 of 630 any other relationship between the City and Company or City and Owner nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 24. 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. 25. 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. 26. 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. 27. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 28. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 29. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 15 Page 575 of 630 31, Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA SHORT ENT. RP"9SES, LLC By: Quentin M. Hart, Mayor Attest: Kelley Fetahle, City Clerk i 16 ort gin, embor Daniel M. Williams Page 576 of 630 31. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA SHORT ENTERPRISES, LLC By: By: Quentin M_ Hart, Mayor Attest: Kelley Felchle, City Clerk Jeffrey A. Short Managing Member ,� j -zi m/yr-4 Daniel M. illiams 16 Page 577 of 630 EXHIBIT "A° Legal Description of Property Lots Nos. 1, 2 and 3 in Evergreen Acres, except the South 10 feet thereof, City of Waterloo, Black Hawk County, Iowa. 17 Page 578 of 630 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2024, by and among the CITY OF WATERLOO, IOWA ("City"), SHORT ENTERPRISES, LLC ("Company"). DANIEL M. WILLIAMS ("Owner"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City, Company and Owner have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City, Company and Owner desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be Tess than $525,570.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree 18 Page 579 of 630 to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2035. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements: or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company and Owner each agrees that the obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations (not limited to the statutory remedies for unpaid taxes) and that Company and Owner shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's or Owner's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company or Owner seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company and Owner each agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or 19 Page 580 of 630 (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 20 Page 581 of 630 CITY OF WATERLOO, IOWA SHORT ENTERPRISES, LLC By: Quentin Hart, Mayor By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) A. Short ging Member Daniel M. Williams On this day of , 2024, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ) ss. COUNTY OF co ) Notary Public 21 Page 582 of 630 CITY OF WATERLOO, IOWA SHORT ENTERPRISES, LLC By: By: Quentin Hart, Mayor Jeffrey A. Short Managing Member By: Kelley Felchle, City Clerk Danie Ivy. Williams STATE OF IOWA COUNTY OF BLACK HAWK } ) ss. On this day of , 2024, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being0uiy;;sw4rn1,-did;;safthat they are the Mayor and City Clerk, respectively, of the'Cit'y bf'Waterloo; loW=a:municipal corporation, created and existing under the laws ol"th `e Stat `of'l`ow ar 'hi* the seal affixed to the foregoing instrument is the seal of saici`mianiCipal'cofjaoratioff and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF Notary Public 21 Page 583 of 630 Subscribed and sworn to before me on t4otd& 2 7 , 2024 by Jeffrey A. Short as Managing Member of Short Enterprises, LLC. DAMON QUANDT Commission Number 790111 My Commission Exp. May 22, 2029 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) 20-14- Notary Public Subscribed and sworn to before me on , 2024 by Daniel M. Williams. Notary Public 22 Page 584 of 630 Subscribed and sworn to before me on , 2024 by Jeffrey A. Short as Managing Member of Short Enterprises, LLC. Notary Public STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 4961 Williams. Notary Public 22 i5f- , 2024 by Daniel M. DINO ODOBASIC CommissIon No.834789 My Comm}eslon Expires Page 585 of 630 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Five Hundred Twenty -Five Thousand Five Hundred Seventy and 00/100 Dollars ($525,570.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2024 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public 23 Page 586 of 630 f 3 (90 I9) —. i CITY OF WATERLDD, IOWA BLACK HAWK COUNTY PLANS FOR GRADING, PAVING, SITE UTILITIES, AND BUILDING GDNSTRUCTION AT 1300 WEST AIRLINE HWY. PREPARED BY VJ ENGINEERING DECEMBER, 2023 W. AIRLINE HIGHWAY ■I I Fr / / / / / / / / / / / / / / / / / / / / / / / / BUILDING 4 j//// / / / BUILDING 1 /. L ▪ —•—• / / / / / / / / / / / ////// DI /// / / / / / / / / / / BUILDING 5 / / m / / / / / / / / / / / / / / / / / / ////// .•••••••••- ////// / / / / / / / / / / / / / / / / / / ////// BUILDING 6 BUILDING 3 L. L • l z \p T 0 SITE LOCATION W AIRLINE HWY z co W AIRLINE HWY Y sr z ce 1- z 0 10 LUCAS ST LLI z 0 on m LAND USE: TOTAL SITE AREA = 2.94 ACRES EXISTING IMPERVIOUS AREA = 0.04 ACRES TOTAL IMPERVIOUS AREA = 2.27 ACRES SITE IS 77.3% IMPERVIOUS CURRENT ZONING: M-2 - HEAVY INDUSTRIAL DISTRICT LEGEND Existing Proposed — BOUNDARY LINE EASEMENT LINE PROPERTY LINE SECTION/R.O.W. LINE SETBACK LINE — 000 — — 00o — CONTOUR LINE — E — — E — ELECTRIC LINE — x — — x — FENCE LINE — FO — — FO — FIBER LINE — G — — G — GAS LINE —oHU— —oHU— OVERHEAD UTILITY LINE —X-SAN— —SAN — SANITARY SEWER LINE SILT FENCE LINE O —0— —X-ST — — ST — STORM SEWER LINE — T — — T — TELEPHONE LINE — TV — — TV — TELEVISION LINE — x-W — — w — WATER LINE o 0 PROPERTY CORNER • $ BENCH MARK CONIFEROUS TREE O 0 DECIDUOUS TREE © © GAS MANHOLE PI D4 GAS VALVE Os OO SANITARY MANHOLE SIGN —o— —o— 0 0 STORM INTAKE © © STORM MANHOLE 0 o TELEPHONE PEDESTAL (TO_D C UTILITY POLE 7; AI6 WATER HYDRANT ' 'f WATER SHUT OFF a1 A WATER VALVE 0 NORTH 40' 80' IOWA 1 ONE CALL 800 / 292-8989 TOLL FREE CAL L OWNER/APPLICANT: JEFF SHORT 2025 235TH STREET GARNER, IOWA 50438 SITE PLAN PREPARED BY: VJ ENGINEERING 1501 TECHNOLOGY PARKWAY SUITE 100, CEDAR FALLS, IOWA 50613 PROJECT SITE ADDRESS: PT. LOTS 1, 2, AND 3 EVERGREEN ACRES 1300 WEST AIRLINIE HIGHWAY WATERLOO, IOWA 50703 INDEX OF SHEETS SHEET. NO. SHEET NAME REVISION DATE 1 COVER SHEET 2 QUANTITIES AND ESTIMATE REFERENCE 3 EXISTING CONDITIONS AND DEMOLITION PLAN 4 CIVIL SITE PLAN 5 CIVIL SITE DETAILS 6 STORM WATER POLLUTION PREVENTION PLAN 7 LANDSCAPING PLAN NOTES: 1.) SCALE NOTED ON TITLE BLOCK RELATES TO FULL-SIZED PLOTS (22x34). 2.) CONTRACTOR SHALL CONTACT ENGINEER OF RECORD FOR CLARIFICATION PRIOR TO CONTINUING TO WORK IF DISCREPANCIES ARE FOUND IN PLAN SET. UTILITY STATEMENT THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES DECLARE THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. THE CONSTRUCTION OF THE SANITARY SEWER, STORM SEWER, AND WATER SYSTEMS SHALL BE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS FOR MUNICIPAL IMPROVEMENTS WITHIN THE CITY OF WATERLOO, IOWA, AND THE STATEWIDE URBAN DESIGNS AND SPECIFICATIONS (SUDAS), \\\\ 11111 I I I I I I////, \\��F ESS I p%ii�� Q� °°°°°° ,9 %// 1.v°° ° Licensed °°^^ - ci)- z 22647 ° . Daniel M. o m °° Arends 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. DANIE .�ARENDS, P.E. Lice se nu b 22647 My liffee renewal date is December 31, 2024 Pages or sheets covered by this seal: All sheets in Index DATE V) 0 Li C5 a) U O J 0 Li 0_ 1 r O u (2381 0rae poi ul 1 N. ITEM BID ITEM UNIT QUANTITY DIVISION 2 — EARTHWORK 1 TOPSOIL, ON —SITE CY 3,169 2 EXCAVATION, CLASS 10 CY 2,908 3 SUBGRADE PREPARATION SY 11,315 4 SUBBASE, MODIFIED (6" DEPTH) SY 6,827 DIVISION 4 — SEWERS AND DRAINS 5 STORM SEWER, TRENCHED, RCP, 12" LF 878 DIVISION 6 — STRUCTURES FOR SANITARY AND STORM SEWERS 6 INTAKE, SW-511 EA 4 DIVISION 7 — STREETS AND RELATED WORK 7 PAVEMENT, PCC, 6", C-4 MIX SY 9,827 8 REMOVAL OF DRIVEAY, GRAVEL SY 387 DIVISION 8 — TRAFFIC CONTROL 9 PAINTED PAVEMENT MARKINGS, SOLVENT/WATERBORNE STA 1.5 10 PAINTED SYMBOLS AND LEGENDS EA 1 DIVISION 9 — SITE WORK AND LANDSCAPING 11 CONVENTIONAL SEEDING, SEEDING, FERTILIZING, AND MULCHING AC 0.7 12 PLANTS LS 1 13 COMPOST BLANKET, 2" (THICKNESS) SF 805 14 COMPOST BLANKET, 3" (THICKNESS) SF 14,620 15 RIP RAP, TYPE D TN 8 16 SILT FENCE LF 1,394 17 STABILIZED CONSTRUCTION ENTRANCE SY 223 18 INLET PROTECTION EA 4 19 CHAIN LINK FENCE, SECURITY, 6 FT (HEIGHT) LF 1,500 20 GATES, CHAIN LINK SECURITY, 6 FT (HEIGHT) 55 FT (WIDTH) EA 1 DIVISION 10— DEMOLITION 21 PLUG AND ABANDON WELL EA 1 DIVISION 11— MISCELLANEOUS 22 MOBILIZATION LS 1 23 CONCRETE WASHOUT LS 1 ITEM BID ITEM ESTIMATE REFERENCE DIVISION 2— EARTHWORK 1 TOPSOIL, ON —SITE REFER TO SUDAS SECTION 2010, 1.08, D, 1 FOR MEASUREMENT AND PAYMENT. TOPSOIL QUANTITIY ASSUMES AN 8" DEPTH OF TOPSOIL PRESENT THROUGHOUT THIS SITE. 2 EXCAVATION, CLASS 10 REFER TO SUDAS SECTION 2010, 1.08, E FOR MEASUREMENT AND PAYMENT. APPROXIMATELY 6,283.4 CY FILL, 3,375.4 CY CUT, WITH A NET OF 2,908.0 CY FILL. THIS ITEM DOES NOT ACCOUNT FOR TOPSOIL, SUBBASE, BUILDING EXCAVATION, OR PAVEMENT QUANTITIES. 3 SUBGRADE PREPARATION REFER TO SUDAS SECTION 2010, 1.08, G FOR MEASUREMENT AND PAYMENT. ALL PAVED AREAS SHALL RECEIVE SUBGRADE PREPARATION PRIOR TO PLACING ANY SUBBASE, UNLESS APPROVED BY THE ENGINEER OF RECORD. 4 SUBBASE, MODIFIED (6" DEPTH) REFER TO SUDAS SECTION 2010, 1.08, J FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 4 OF 7 FOR LOCATIONS. REFER TO SHEET 5 OF 7 FOR PAVEMENT SECTION DETAIL. DIVISION 4— SEWERS AND DRAINS 5 STORM SEWER, TRENCHED, RCP, 12" REFER TO SUDAS SECTION 4020, 1.08, A, 1 FOR MEASUREMENT AND PAYMENT. REFER TO SHEET4 OF 7 FOR LOCATIONS AND GRADE INFORMATION. DIVISION 6— STRUCTURES FOR SANITARY AND STORM SEWERS 6 INTAKE, SW-511 REFER TO SUDAS SECTION 6010, 1.08, B FOR MEASUREMENT AND PAYMENT. REFER TO SHEET4 OF 7 FOR LOCATION AND GRADE INFORMATION. REFER TO SHEET5 OF 7 FOR ADDITIONAL DETAILS. DIVISION 7 — STREETS AND RELATED WORK 7 PAVEMENT, PCC, 6", C-4 MIX REFER TO SUDAS SECTION 7010, 1.08, A FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 4 OF 7 FOR LOCATIONS AND GRADE INFORMATION. REFER TO SHEET 5 OF 7 FOR PAVEMENT SECTION DETAILS. INCIDENTAL TO 6" PCC PAVEMENT IS APPDXIMATELY 28 CUBIC YARDS OF ADDITIONAL PAVEMENT TO ACCOUNT FOR THICKENED EDGE ALONG WEST PROPERTY LINE. REFER TO SHEET 4 OF 7 FOR THICKENED EDGE DEPTH AND SHEET 5 OF 7 FOR THICKENED EDGE DETAILS. PAYMENT FOR THIS ITEM SHALL ALSO INCLUDE 190 LF 6" STANDARD CURB, 80 LF 6"-12" STANDARD CURB, 80 LF 12"-15" STANDARD CURB, AND 25 LF OF 15"-18" STANDARD CURB. REFER TO SHEET 4 OF 7 FOR CURB LOCATIONS. REFER TO SHEET 5 OF 7 FOR ADDITIONAL CURB DETAILS. 8 REMOVAL OF DRIVEWAY, GRAVEL REFER TO SUDAS SECTION 7030, 1.08, A FOR MEASUREMENT AND PYAMENT. REFER TO SHEET 3 OF 7 FOR LOCATION. DIVISION 8 — TRAFFIC CONTROL 9 PAINTED PAVEMENT MARKINGS, SOLVENT/WATERBORNE REFER TO SUDAS SECTION 8020, 1.08, B FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 4 OF 7 FOR LOCATIONS. 10 PAINTED SYMBOLS AND LEGENDS REFER TO SUDAS SECTION 8020, 1.08, G FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 4 OF 7 FOR LOCATIONS. DIVISION 9 — SITE WORK AND LANDSCAPING 11 CONVENTIONAL SEEDING, SEEDING, FERTILIZING, AND MULCHING REFER TO SUDAS SECTION 9010, 1.08, A FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 4 OF 7 FOR LOCATIONS. 12 PLANTS REFER TO SUDAS SECTION 9030, 1.08, C FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 7 OF 7 FOR PLANT TYPES AND LOCATIONS. 13 COMPOST BLANKET, 2" (THICKNESS) REFER TO SUDAS SECTION 9040, 1.08, B FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 6 OF 7 FOR LOCATIONS. 14 COMPOST BLANKET, 3" (THICKNESS) 15 RIP RAP, TYPED REFER TO SUDAS SECTION 9040, 1.08, J FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 4 OF 7 FOR LOCATIONS. 16 SILT FENCE REFER TO SUDAS SECTION 9040, 1.08, N, 1 FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 6 OF 7 FOR LOCATIONS. 17 STABILIZED CONSTRUCTION ENTRANCE REFER TO SUDAS SECTION 9040, 1.08, 0, 1 FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 6 OF 7 FOR LOCATION. 18 INLET PROTECTION REFER TO SUDAS SECTION 9040, 1.08, T, 1 FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 6 OF 7 FOR LOCATIONS. 19 CHAIN LINK FENCE, SECURITY, 6 FT (HEIGHT) REFER TO SUDAS SECTION 9060, 1.08, A, 3 FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 4 OF 7 FOR LOCATION. REFER TO SHEET 5 OF 7 FOR ADDITIONAL DETAILS. 20 GATES, CHAIN LINK SECURITY, 6 FT (HEIGHT) 55 FT (WIDTH) REFER TO SUDAS SECTION 9060, 1.08, B, 3 FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 4 OF 7 FOR LOCATION. DIVISION 10— DEMOLITION 21 PLUG AND ABANDON WELL REFER TO SUDAS SECTION 10,010, 1.08, B FOR MEASUREMENT AND PAYMENT. REFER TO SHEET 2 OF 7 FOR LOCATION. DIVISION 11— MISCELLANEOUS 22 MOBILIZATION REFER TO SUDAS SECTION 11,020, 1.08, A FOR MEASUREMENT AND PAYMENT. 23 CONCRETE WASHOUT REFER TO SUDAS SECTION 11, 050, 1.08, A FOR MEASUREMENT AND PAYMENT. al N 00 LC) CO >- CD 0 N I L 0) O C O >, N CY) I C 0 CY) 0 C O LJ s U 0 4) Vis c O J N 0 Q w i- i- Q CY v c 2 %` /OF 7 Scale Drawn SJC eviewec Dv A Date 2023.12.12 Revisions (2381 06 0 rage Joo ui Fnd 1"0 Hollow Plpe (90 I9) Lot 4 Ages Evergreen 16631 File #2 Ex. Sanitary Manhole Rim: 876.15 Fnd 1"0 \\.'. Hollow Plpe `\ • wCO CO CO U) 'CY CO O • O Z Jil X / N89° 19'03"E 82.43' (82.5') • • `--♦♦ • • • • • • • \ \/ 1/ / / 1 • ♦ • • Fnd 1"0 Hollow Plpe ♦ ♦ ♦ • • ♦ II DID Pare DI9 25363 F�►e #2� N89°23'00"E 247.90' (247.5') / / 40' REAR —YARD SETBACK • ,• - ♦ ♦♦ • • • • • • • ♦ • • • \ \ \ , • / \ ------ ------ / / • ♦`♦ • • • • • • \ \ • • 1 `♦ ♦ • • • • ♦♦ \ ♦• \ ♦ \ \\ \\ \ • \•\\ \ 1 \\ \\ \ 11 _\_— \_--\\--rt----1 \ \ / N89°24'58"E 165.47'• • \ • • • • • ♦♦ 2 and, Of Lots 1,en Ares Pt. eVergre ♦\ 2.94 Acres \\\ REMOVE EXISTING HAND WELL PUMP. CAP AND ABANDON SERVICE LINE. \ \ • • ♦ \ • • • • • \ • • \ • • \ \ • ♦♦ \ ♦ \ ♦ \ \ / / / / / / REMOVE 387 SQ. YD. EXISTING GRAVEL DRIVE 25' FRONT YARD SETBACK — ----------- EXISTING PROPERTY L/NE (TYP.) FIRJ OHU ❑ __J/ / \\\L ♦ SANN T_—T--- _ ---- — -------------------- / / 3 of / / / / • • • \ \ / / / / / / / \ / / •♦ ♦ / `J • \ \ • \ • • • 1 • • • \ \ \ \ \ \ • \ \ \ \ \ \ \ • \ \ \ \ \ \ \ \ \ \ \ • • • • • \ \ ♦ • ♦. \\ ♦ \ \ ♦ \ • • \ \ 1 / / / / • \ �\ ` • \ \\ • •• \ '\ ♦1 \ / / / / IY IU IQ IW w x X x x X X Pt, of Lot 15 is Rene #20Heigh 51 File Fnd Iron Rail SW Cor. Pt. Lot 15 Renners Heights GENERAL DEMOLITION NOTES: 1.) ALL ITEMS NOTED FOR REMOVAL SHALL BE INCLUDED IN THE CONTRACT FOR GENERAL CONSTRUCTION. 2.) LIMITS OF REMOVAL SHOWN ON DEMOLITION PLAN ARE APPROXIMATE. ACTUAL QUANTITIES MAY DIFFER DUE TO FIELD CONDITIONS. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL DEMOLITION, REMOVAL AND RESTORATION WORK. 3.) CONTRACTOR SHALL BE RESPONSIBLE FOR REMOVING ALL NOTED MATERIALS FROM SITE AND DISPOSING OF THEM IN AN APPROVED METHOD. 4.) THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ANY REQUIRED PERMITS FOR DEMOLITION AND DISPOSAL. BONDING AND PERMIT FEES SHALL BE THE CONTRACTOR'S RESPONSIBILITY. 5.) ITEMS NOTED FOR REMOVAL SHALL INCLUDE ANY UNDERGROUND COMPONENT INCLUDING, BUT NOT LIMITED TO: FOUNDATION, SLABS, TREE ROOTS, PIPES, WIRES, AND ANY OTHER MATERIAL. 6.) THE CONTRACTOR SHALL BE RESPONSIBLE FOR CUTTING AND PLUGGING EXISTING UTILITIES. IN THE CASE THAT THE CONTRACTOR IS NOT ABLE TO CUT AND PLUG THE EXISTING UTILITY THEY SHALL BE REQUIRED TO COORDINATE WITH THE EXISTING UTILITY COMPANY. (ALL SERVICES MAY NOT BE SHOWN ON THIS DRAWING). 7.) BACKFILL EXCAVATIONS RESULTING FROM DEMOLITION SHALL MEET REQUIREMENTS PROVIDED BY GEO-TECHNICAL ENGINEER. 8.) THE CONTRACTOR SHALL SAW CUT EXISTING PAVEMENT TO PROVIDE A CLEAN EDGE (MATCH TO EXISTING SAW -CUTS WHEN POSSIBLE). 9.) UPON COMPLETION OF SITE DEMOLITION THE PROPERTY SHALL BE CLEAN, CLEAR, AND DEVOID OF ALL NOTED ITEMS FOR REMOVAL. FEMA INFORMATION: ZONE X - AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN - PER FEMA PANEL 19013C0186F EFFECTIVE JULY 18, 2011 PROPERTY INFORMATION: LOTS NOS. ONE (1), TWO (2), AND THREE (3) IN EVERGREEN ACRES, BLACK HAWK COUNTY, IOWA, EXCEPT THE SOUTH TEN (10) FEET THEREOF - AS RECORDED IN FILE 2013-2161 OF THE BLACK HAWK COUNTY RECORDER. LEGEND Existing Proposed BOUNDARY LINE EASEMENT LINE PROPERTY LINE SECTION/R.0.W. LINE SETBACK LINE —000 — —000 — CONTOUR LINE - E - - E - ELECTRIC LINE — x — — x — FENCE LINE - FO - - FO - FIBER LINE — G — — G - GAS LINE -OHU- -OHU- OVERHEAD UTILITY LINE -X-SAN- -SF SANITARY SEWER LINE SILT FENCE LINE 0 0 -X-ST - - ST - STORM SEWER LINE - T - - T - TELEPHONE LINE - TV - - TV - TELEVISION LINE —x-W — w — WATER LINE o 0 PROPERTY CORNER • $ BENCH MARK CONIFEROUS TREE 0 0 DECIDUOUS TREE © © GAS MANHOLE f 4 D4 GAS VALVE © SANITARY MANHOLE SIGN —6 —o— 0 o STORM INTAKE © © STORM MANHOLE NI NI TELEPHONE PEDESTAL rQ UTILITY POLE b 6 WATER HYDRANT 4e3, to WATER SHUT OFF Il A WATER VALVE REMOVALS LEGEND 0 REMOVE GRAVEL EXISTING PCC PAVEMENT NORTH 30' 60' IOWA ONE CALL 800 / 292-8989 TOLL FREE CALL - BEFORE - YOU - DIG V) 0 J CD 0 X W (2381 0UO ui (90 i.z:) GENERAL GRADING, EARTHWORK, AND DRAINAGE NOTES: 1.) THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE STRIPPING AND REMOVING EXCESS TOPSOIL FROM THE SITE. ANY TOPSOIL THAT CANNOT BE USED ON THE SITE SHALL BE BURIED ON SITE IN LANDSCAPE AREAS. ALL TOPSOIL SHALL REMAIN ON SITE PER GENERAL PERMIT NO. 2. 2.) THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL AND DISPOSAL OF ALL VEGETATION AND ORGANIC MATERIALS FROM THE SITE THAT RESULTS FROM CLEARING & GRUBBING ACTIVITIES. 3.) THE CONTRACTOR SHALL BE RESPONSIBLE FOR STRUCTURAL FILL MATERIALS IF SUITABLE MATERIAL IS NOT AVAILABLE ON SITE. TESTING OF SUITABLE MATERIAL SHALL BE THE CONTRACTOR'S RESPONSIBILITY. DISPOSAL OF ALL EXCESS OR UNSUITABLE MATERIALS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR AND AT THEIR EXPENSE. 4.) THE CONTRACTOR SHALL PROVIDE 8" OF TOPSOIL (MINIMUM) IN ALL DISTURBED AREAS THAT ARE NOT TO BE PAVED. FINAL GRADES SHOULD BE SMOOTHLY FINISHED AND ENSURE POSITIVE DRAINAGE. PRIOR TO RE -SPREADING, TOP SOIL SHALL BE SCREENED TO BE FREE OF SUBSOIL, DEBRIS, AND STONES. 5.) WHERE SHEET DRAINAGE FLOWS FROM LANDSCAPED AREAS ONTO PAVED AREAS, THE FINISHED GRADE OF THE LANDSCAPE AREA SHALL BE 1/2 INCH ABOVE THE TOP WHERE SHEET DRAINAGE FLOWS FROM PAVEMENT TO LANDSCAPED AREAS, THE FINISHED GRADE IN THE LANDSCAPE AREA SHALL BE 1/2 INCH BELOW THE PAVEMENT. 6.) ALL SPOT ELEVATIONS INDICATE FINISHED GRADE, UNLESS OTHERWISE NOTE. 7.) PROVIDE POSITIVE DRAINAGE IN ALL AREAS AND AWAY FROM ALL BUILDINGS. 8.) THE CONTRACTOR SHALL DETERMINE EXACT QUANTITIES OF CUT AND/OR FILL FOR ESTIMATING AND CONSTRUCTION. THE CONTRACTOR SHALL ALERT THE ENGINEER OF ANY EXCESSIVE CUT AND /OR FILL DISCOVERED DURING EARTHWORK OPERATIONS. 9.) THE CONTRACTOR SHALL ADJUST TOPS OF ALL STRUCTURES TO MATCH FINAL GRADE AS NEEDED. 10.) THE CONTRACTOR WILL BE RESPONSIBLE FOR ALL SAFETY REQUIREMENTS ON -SITE, AS WELL AS THE PROTECTION OF ALL UTILITIES AND/OR STRUCTURES DURING EARTHWORK GRADING PROCEDURES. 11.) THE ALL GRADES IN PAVED AREAS, RAMPS, AND SIDEWALKS IN VICINITY OF HANDICAP PARKING AND ACCESS AREAS SHALL COMPLY WITH FEDERAL, STATE, AND LOCAL CODES. STRUCTURE TABLE STRUCTURE NAME STRUCTURE DETAILS 1-01 SW-511 w/ SW-604 TYPE 6 CASTING RIM = 876.57 SUMP = 873.60 P-01 INV OUT = 873.60 1-02 SW-511 w/ SW-604 TYPE 6 CASTING RIM = 876.68 SUMP = 873.59 P-02 INV OUT = 873.59 1-03 SW-511 w/ SW-604 TYPE 6 CASTING RIM = 876.48 SUMP = 873.59 P-03 INV OUT = 873.59 1-04 SW-511 w/ SW-604 TYPE 6 CASTING RIM = 876.95 SUMP = 873.59 P-04 INV OUT = 873.59 PIPE TABLE PIPE NAME MATERIAL AND SIZE Length (LF) SLOPE P-01 12" RCP 220.0 1.2% P-02 12" RCP 220.0 1.2% P-03 12" RCP 220.0 1.2% P-04 12" RCP 217.2 0.7% Fnd 1"0 Hollow Plpe 12" RCP APRON FL: 871.00 W/2.0 TONS CLASS "D" RIP RAP Lot 4 Acres Evergreen File #2 Ex. Sanitary Manhole Rim: 876.15 4 (TYP.) Fnd 1"0 Hollow Plpe „p„ pars 0�9,25363 File #20 N89°23'00"E 247.90' (247.5') • • - 82.43' (82.5') 876 87a (875 872 -(873 871) 870 870 CIO \ 165.47' 879 880 40' REAR YARD SETBACK AI F/G: 876.12 F/G: 876.24 x -3.2 % m CI W \ O \ to X' to F/G 876.60-/ x F/G: 876.51 B/WALL: 875.50 164.7' THICKENED EDGE PAVEMENT B/WALL: 873.00 F/G: 876.52 F/G: 877.00 B/WALL: 875.11 F/G: 877.02 B/WALL: 877.00 F/G: 877.11 x \ x L" I -' ▪ EX/STING PROPERTY L/NE(TYP.J� sAN �^-= 010 0, _3.5% -1.7 % 12" RCP APRON • FL: 871.00 W/ 2.0 TONS CLASS "D" RIP RAP / / / / / / / / / / / / O ft / O / / X / / 4 / / / / / / / / / / / / ///t F/G: 876.47 FIG: 876.72 2 0% -3.6% t -2.5 % 3 (TYP.) 881 2.0%_ N 0 0 FIG: 876.75 r F/G: 877.10 f -3.0% 1 40'x180' BUILDING FFE: 877.25 ►I -2.3 % U1 F/G: 877.20- -2.5% F/G: 876.66- (877)- F/G: 876.75 FIG: 876.53 FIG: 876.53 10 9 876 -■__( 876 ).-• r/ - FIG:877.33 J-- OHU FIG: 878.99 F/G: 879.03 //// 879.09 MATCH EX. 12" RCP APRON • FL: 871.00 W/ 2.0 TONS CLASS "D" RIP RAP -3.7 % FIG:876.65 / 1/ 3.6 F/G: 876.30 1 02 F/G: 876.55 /////' FFE I 40'x180' BUILDING 2 FFE: 877.50 .9 % co 0 0 a _2.2% 1-03 -39% 0 9 14. F/G: 877.412 CND -2.2% 4 10 F/G: 876.95 A F/G: 876.91 F/G: 876.75.0 55' WIDE - 6 FT. SECURITY GATE FIG: 878.15-- S89°29'42"W 247.89' (247.5') 1 (Tyr.) - 0 01 -3.8 12" RCP APRON • FL: 872.00 W/ 2.0 TONS CLASS "D" RIP RAP FIG: 876.75 X / / / / / / 13 0 _1.4 % F/G: 877.13 \ FIG: 876.55 \ F/G: 876.61 _3.5 % -2.2 % 4 0 -4.3 % -4.6 T/C: 878.11 F/G: 877.61 1-04 F/G: 877.02 11' �1. -2 6% -2.3% F/G: 877.02 J H / 5' � / . -(875) • - •• 875 0 1 0 -3.4 % x Fnd 1"0 Hollow Plpe F/G: 877.50 TIC: 879.05 END 18" CURB HEIGHT F/G: 877.01 FIG: 877.75 TIC: 879.00 15" CURB HEIGHT - TRANSITION TO 18" CURB HEIGHT F/G: 877.25 F/G: 877.50 TIC: 878.50 12" CURB HEIGHT END 6" STANDARD CURB - / BEGIN TRANSITION TO 12" CURB HEIGHT h m w w 0 73 x x F/G: 877.75 T/C: 878.25 o M � N o o w 0 co Lo TIC: 878.25 F/G: 877.75 F/G: 877.03 F/G: 877.51 T/C: 878.01 F/G: 877.45 Pt, of Lot 15 Heights ers File Ren#2022-1415/ 1,500 LF - 6 FT. SECURITY FENCE F/G: 877.24 TIC: 877.74 BEGIN 6" STANDARD CURB F/G: 877.20 iF/G:876.84 x . 876 s77 )fffm F/G: 877.61 FO -FIG: 878.36 �---- 9 F/G: 877.32 20' x 20' OFFICE BUILDING FFE: 877.33 Fnd Iron Rail SW Cor. Pt. Lot 15 Renners Heights i----'� FO -OHU ---- V---------- F/G:880.78--- F/G: 880.74 880.82 MATCH EX. '//// GENERAL SITE NOTES: 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) DIMENSIONS AND RADII ARE REFERENCED TO THE BACK OF CURB OR EDGE OF PAVING, UNLESS OTHERWISE NOTED. ALL DIMENSIONS TO BUILDING ARE REFERENCED TO THE OUTSIDE FACE OF STRUCTURE'S FACADE. BUILDING DIMENSIONS SHOWN ARE FOR REFERENCE PURPOSES ONLY. THE CONTRACTOR SHALL USE THE ARCHITECTURAL AND STRUCTURAL PLAN SET FOR EXACT BUILDING DIMENSIONS. ALL PROJECT COMPONENTS THAT FALL WITHIN THE PUBLIC RIGHT-OF-WAY SHALL CONFORM TO LOCAL AND/OR STATE SPECIFICATIONS AND REQUIREMENTS. ALL PROPOSED HANDICAP RAMPS, PARKING AREAS, AND ACCESSIBLE ROUTES SHALL STRICTLY COMPLY WITH CURRENT LOCAL, STATE, AND FEDERAL REGULATIONS, INCLUDING BUT NOT NECESSARILY LIMITED TO THE ADA ACCESSIBILITY GUIDELINES (ADAAG). ALL ADA ACCESSIBLE ROUTES SHALL HAVE DETECTABLE WARNINGS INSTALLED AS REQUIRED BY THE ADAAG. DETECTABLE WARNINGS SHALL CONSIST OF RAISED TRUNCATED DOMES WITH CONTRAST VISUALLY WITH THE ADJOINING SURFACES. CONTRACTOR SHALL SAW CUT EXISTING PAVEMENT TO PROVIDE A CLEAN, STRAIGHT JOINT AND ENSURE POSITIVE DRAINAGE. ALL CONCRETE PAVEMENT SHALL HAVE JOINTS IN ACCORDANCE WITH ACI 330R-08, SECTION 3.7 AND APPENDIX C. CONTRACTION JOINTS SHALL BE 1/4 OF THE SLAB THICKNESS. ISOLATION JOINTS SHALL BE PLACED BETWEEN PAVEMENT AND FOUNDATIONS, INLETS, AND OTHER FIXED STRUCTURES. CONTRACTION JOINTS SHALL BE TOOL FINISHED AND SPACED AS FOLLOWS: CURBING: 10'-0" (MAX) SPACING SIDEWALKS: 5'-0" (MAX) SPACING VEHICULAR TRAFFIC AREAS: 24 X CONCRETE PAVEMENT THICKNESS (FEET), 15'-0" (MAX) SPACING. REFER TO LOCAL SPECIFICATIONS FOR WORK WITHIN PUBLIC RIGHT-OF-WAY. SITE KEYNOTES: ❑1 6" PCC PAVEMENT SECTION - REFER TO DETAIL ON SHEET 5 OF 6 2 THICKENED EDGE CONCRETE - REFER TO DETAIL ON SHEET 5 OF 6 ❑3 SW-511 INTAKE - REFER TO DETAIL ON SHEET 5 OF 6 E 6 FT. SECURITY FENCE - REFER TO DETAIL ON SHEET 5 OF 6 5 6" STANDARD CURB -REFER TO DETAIL ON SHEET 5 OF 6 © ADA PARKING SYMBOL -REFER TO DETAIL ON SHEET 5 OF 6 SPOT ELEVATION LEGEND F/G - FORM GRADE T/C - TOP OF CURB B/WALL - BOTTOM OF WALK HATCH LEGEND 8" PCC PAVEMENT 10" GRANULAR PARKING LOT EXISTING PCC ROADWAY SEED AND MULCH (OR CITY APPROVED EQUAL) STORM WATER MANAGEMENT AREA LEGEND Existing Proposed BOUNDARY LINE EASEMENT LINE PROPERTY LINE SECTION/R.O.W. LINE SETBACK LINE - 000 - - 000 - CONTOUR LINE - E - - E - ELECTRIC LINE - x - - x - FENCE LINE - FO - - FO - FIBER LINE - G - - c - GAS LINE -oHU- -oHU- OVERHEAD UTILITY LINE -X-SAN- - SAN - SANITARY SEWER LINE SILT FENCE LINE 0 o -x-sT - - sT - STORM SEWER LINE - T - - T - TELEPHONE LINE - TV - - TV - TELEVISION LINE - x-W - - W - WATER LINE o 0 PROPERTY CORNER $ $ BENCH MARK CONIFEROUS TREE Q DECIDUOUS TREE © © GAS MANHOLE l4 I1 GAS VALVE Qs ) SANITARY MANHOLE SIGN -o- -o- 0 I1 STORM INTAKE © © STORM MANHOLE 0 III TELEPHONE PEDESTAL UTILITY POLE V /1,6 WATER HYDRANT 'v 'I& WATER SHUT OFF A 11 WATER VALVE 0 NORTH 30' 60' IOWA ONE CALL 800 / 292-8989 TOLL FREE CD 0_ N Li Li M Li 0 CC LJ r J 0 L LI (1) revisions C412 VARIES 11( 6" PCC 6" MODIFIED SUBBASE COMPACTED SUBGRADE 6" PCC PAVEMENT SECTION SCALE - NTS • 3' -1 C/L PARKING ADA PARKING SYMBOL PAINT BLUE PAINT WHITE EDGE OF STALL AT DRIVE AISLE SCALE - NTS SLOPE AWAY FROM THICKENED EDGE SW-604 Type 6 Casting 4" • • 4"I4"F- Adjustment Rings #4 Bars at 15" o.c. Each Way Form Grade Slope 2' per foot t�t1NNNIN Concrete Fillet 6" min. #4 bars 7 12' mm. ty 4 ZJ 8" min. 13O 1 133HS 1 115'0I09 38f19I3 3'-0" SECTION A -A Diagonal Bar® (tYP.) Base f#4Bars at12" o.c. Each Way 8" min. Class I Bedding Material MAXIMUM PIPE DIAMETERS Pipe Precast Cast -in -place Location Structure Structure Short Wall 15" 18" Long Wall 24" 30" Location Station 01 Install four #4 diagonal bars at all pipe openings. 02 Cast -in -place base shown. If base is precast integral with walls, the footprint of the base is not required to extend beyond the outer edge of the walls. 03 12 inch minimum wall height above all pipes. SW-604 Type 6 Casting n—n =II �L— II II �II-11- II I II II I — II II II II II I II III II I II I 1 II II I I II I II II II I II I ` I II 11 I II II II I I II I I I II III I I II I II II III 11 I1 I I II II III II IL I ILI I II Il II IL I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I _ IL = 1- F Long Wall 3'-0" 4'-0" PLAN Short Wall 2'-0" 3'-0" REVISION SUDAS elOWADOT 2 10a21-20 FIGURE 6010.511 STANDARD ROAD PLAN SW-511 SHEET 1 of 1 REVISIONS: Added Class I Bedding Material. SUDAS "I) °E4MET ENGINEER RECTANGULAR AREA INTAKE Fence Fabric Top Rai F� r Variable Post Cap Steel Post Attach as directed. Grade Concrete Encasement -►-I I--X c Aec. c 9 m rn 0 0 m m 0 POST INSTALLATION Brace Post Brace Rail Top Rail Truss Rod Concrete Encasements Bottom Tension Wire Brace Post Brace Rail Truss Rod Truss Rod Tightening Devices 10 0 Ground Line ANGLE OR CORNER POST INSTALLATION 10'-0" Post 0.- Spacing Fence Fabric i 10'-0" Top Rail Pull Post Pull Post - Brace Rail Place fence fabric on roadway side of post. For certain curves, stream crossings, or other locations, the Contractor has the option 10.-0" to place fabric on the side of the post away from the roadway. Post Spacing 0 Fabric width as specified in the contract documents. ® For fence heights greater than 8 feet, the depth of the fence post footing is 3 feet plus 3 inches for each 1 foot in height over 8 feet. Bottom Tension Wire Ground Line russ od Truss Rod Tightening Devices Concrete Encasements PULL POST INSTALLATION Property Side ( ® Install the fence on the roadway side of the right-of-way when specified in the contract documents. FENCE POST FOOTING DEPTH AND DIAMETER USE IN FENCE FENCE HEIGHT 4'-0" and less Over 4'-0" to 8'-0" Over 8'-0" X Y X Y X Y Line and Brace Posts 0'-8" 3'-0" 0'-10" 3'-0" 1'-0" 0 Terminal Post* 0'-10" 3'-0" 1'-0" 3'-0" 1'-4" 0 "Includes corner, angle, end, and pull posts. - Footing I 1 ® Approx. 12" ----------� R.O.W. Line ---- Roadway Side 7- Fencing PoseI 1 PLAN OF FENCE >SUDAS 9060.101 REVISION New 110-18-11 SHEET 1 of 2 SUDAS Standard Specifications CHAIN LINK FENCE SLOPE TO DRAIN (REFER TO PLAN) 0 LU L Q ) p co O D (• 7 3 THICKENED EDGE CONCRETE 5 SCALE -NTS 42" FORM 6 GRADE ELEV. R 3" R 3" Slope as per plans 6" STANDARD CURB SCALE - NTS * REFER TO PLANS FOR ALTERNATE CURB HEIGHT. USE REMAINING DIMENSIONS AND RADII FOR CURB CONSTRUCTION. TYPE 7 0 658" 6621 ®Frame provided in three segments (two ends and one center). Bolt segments together as specified by the casting manufacturer. 02 Provide bicycle safe, vane style grates with a o en area of 4 s uare feet. Atlow points, grates with vanes facing both directions will be allowed. ® If required by casting manufacturer, provide support beam under all frame joints. Modify structure walls as required to provide pocket for beam. ®Cast grate without locking lugs so it may be used in an inverted position. • to TYPE 6 .1I111d112llll ° ° . 0 �ii�I T -a1 --__I r 42" III!llII T__ll —' mIlminimum r—��"� 36' 38" r r r r -1�I'I =r ��r=r ram=T , A 3., 4 I �_�- �r�r ?�?r �IT Ir �IT is 1 1� I��--������� IG IG T�T�� 4 MMINMEEM I 24" 30" DI�I1�II ° I° . 7 „ I I 1 01111EEE I SECTION A -A 0 la 174' 314'to314 3'�II� 1 4 e 17ai ' © 294" to 308 --1 o a e� ao d� m� �'' m� la Li /I N N N N N � 4„ 5" , o -. f� �, o T 0 ' ' 558' to 574,, 3 1-.— 28" to 304" • • 38" SECTION A -A SECTION B-B ICI 214" V TYPE 9 (Light Duty) 22" o c 22" REVISION SUDAS 0IOWADOT 3 I o4-21-20 m 'g min. -•III III--1"min. 1„ a FIGURE6010.604 STANDARD ROAD PLAN SW-604 SHEET 2 of2 p "c�l131%lili��I%13ir 1---\/," T REVISIONS: Added Type 7 casting. Modified circle notes. 10.604 [SHEET 2 OF 21 } ` 8' min. J 18? 4 Jt L 28' min. 4 20" �R t J o d oil /iluG� ODESIGNHODS GRATE FRAME Minimum Weight = 85 lbs. Minimum Weight = 75 lbs. ENGINEER CASTINGS FOR AREA INTAKES Ornamental Post Top Attach at approximately Knuckled Selvedge 12" intervals. - / (see detail) Top Rai Top Rail Clamp- . I I A �T�° Angle, Corner, or End Post Truss Rod Clamp t 15" max. i Ti Approx. 1" Bottom of up Fabric 0 0 fn m m —1 0 m I� J ( Concrete Encasement) Top Rail Chain Link Fabric Stretcher Bar Truss Rod Lock Nut Turnbuckle or Truss Rod Tightening Device Bottom Tension Wire ° 1 yi= ANGLE, CORNER, OR END POST ASSEMBLY f- Ground Line Top Rai Top Rail Post Cap e Attach at �,� �W approximately 12" intervals. =100 :=��,�./ .`I V • kit Brace Rail Truss Rod Brace Post Ground Line Concrete Encasement Brace Rail Clamp 8/2 m n. BRACE POST ASSEMBLY Rail J For every third sleeve, Sleeve provide spring -loaded expansion type. RAIL SLEEVE Wire tie or clamp spaced at 12" max. centers Approx. 1" Bottom Tension Wire Provide knuckled selvedge at top and bottom of fence fabric. BOTTOM TENSION WIRE AND KNUCKLED SELVEDGE Top Rail - � CFence \ Fabric Bottom Tension Ground / Wire Line Clamp to top rail. ( Ground Wire \ I O�� GROUND ROD INSTALLATION Connect twice to fence fabric. Clamp to bottom tension wire. Clamp ground wire to ground rod. Ground Rod >SUDAS 9060.101 REVISION New 110-1S-11 SHEET 2 of 2 SUDAS Standard Specifications CHAIN LINK FENCE 0 W N J U c 5 %‘ /OF Soa Data 2023.12.12 Revisions N (238160 (9018cZ) EROSION CONTROL NOTES: 1.) THE SWPPP PLAN IS CONSIDERED TO BE A LIVE DOCUMENT. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING THE LOCATION ON THE PROJECT SITE, INSTALLING, AND UPDATING LOCATION ON THIS PLAN OF THE THE FOLLOWING ITEMS: • SPILL KIT • STABILIZED CONSTRUCTION ENTRANCE • CONSTRUCTION MATERIALS AND EQUIPMENT STORAGE AREA • SOIL AND TOPSOIL STOCKPILE AREA • PORTABLE TOILETS- SHALL BE STAKED DOWN • WASTE DISPOSAL AREA • CONCRETE WASHOUT AREA 2.) EROSION AND SEDIMENT CONTROLS SHALL BE INSTALLED, MAINTAINED, AND REMOVED IN ACCORDANCE WITH SUDAS SECTION 9040 AND THE FOLLOWING FIGURES: • COMPOST BLANKET: FIGURE 9040.101 • FILTER BERM AND FILTER SOCK: FIGURE 9040.102 • WATTLE FIGURE 9040.105 • SILT FENCE: FIGURE 9040.119 AND IDOT EC-201 • STABILIZED CONSTRUCTION ENTRANCE: FIGURE 9040.120 • INTAKE PROTECTION: IDOT STANDARD ROAD PLAN EC-204 3.) PRE -CONSTRUCTION STAGE SWPPP MANAGEMENT CONTROLS SHALL REMAIN THROUGH PROJECT COMPLETION. 4.) IN THE EVENT OF AN INFILTRATION BASIN ON SITE, THE BASIN SHALL NOT BE USED FOR SEDIMENTATION PURPOSES DURING CONSTRUCTION. 5.) REFER TO GRADING PLAN FOR PERMANENT DRAINAGE FEATURES ON SITE. 6.) ALL SLOPES 4:1 AND STEEPER ARE REQUIRED TO USE SEED MATTING OR OTHER APPROVED METHODS (REFER TO SUDAS SECTION 9040 FOR THE APPROPRIATE APPLICATION). 7.) EMPLOYEE PARKING AND CONSTRUCTION STAGING AREAS SHALL BE STABILIZED DURING CONSTRUCTION (ROCK OR OTHER OWNER APPROVED METHOD). 8.) SITE STABILIZATION: DISTURBED AREAS THAT HAVE CEASED TEMPORARILY OR PERMANENTLY (WHERE WORK WILL NOT RESUME FOR A PERIOD EXCEEDING 14 CALENDAR DAYS) SHALL BE STABILIZED IMMEDIATELY. ONCE WORK IS COMPLETED THE AREA SHALL RECEIVE FINAL STABILIZATION. 9.) CONCRETE WASHOUT AND OTHER NON -STORM RELATED WASTE WATER SHALL BE COLLECTED AND DISPOSED OF PROPERLY. 10.) CONTRACTOR SHALL BE RESPONSIBLE FOR REMOVING ALL EXCESS MATERIALS FROM THE SITE AND DISPOSING OF THEM IN AN APPROVED MANNER AT THEIR EXPENSE. Lot 4 Ages Evergreen File #2 Ex. Sanitary Manhole Rim: 876.15 Fnd 1"0J Hollow Plpe 85 SQ. FT. - 2" COMPOST BLANKET 210 SQ. FT. - 2" COMPOST BLANKET 195 LF SILT FENCE INLET PROTECTION (1 EACH) w �71 • -- CO v • I; Z 220 LF SILT FENCE 1 1,540 SQ. FT. - 3" COMPOST BLANKET I 1 1 1 I / / 514 LF SILT FENCE Hollow Plpe "D park File 020 o�g,25363 N89°23'00"E 247.90' (247.5') 116.11.10 400010°19' -.;;/../('.411111fr -410edF".°:‹drieldillir%/001.%/.40 0 / 12,225 SQ. FT. / 3" COMPOST BLANKET 12" RCP APRON INLET PROTECTION (1 EACH) 115 LF SILT FENCE X 130 LF SILT FENCE 12" RCP APRON ///// / / / / / / / / / / / / / / / / / / / / / INLET PROTECTION (1 EACH) ///// / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / A/-/./// PORTABLE REST OR OM CONCRETE WASHOUT F- S89°29'42"W 247.89' (247.5') ❑T 0 EX/ST/NG PROPERTY 1 -� _ - -- L/NE (TYP.) J T\ SAN -_� � Abo 6* Atelsoi zi,. i/Si 223 SQ. YD. STABILIZED T CONSTRUCTION ENTRANCE -- m fl 12" RCP APRON INLET PROTECTION (1 EACH) I I I I// 115LFSILTFENCE I I I V. 855 SQ. FT. - 3" COMPOST BLANKET F 887.57 Fnd 1"0J Hollow Plpe 12" RCP APRON Pt. is Renners Heigh File Fnd Iron Rail SW Cor. Pt. Lot 15 Renners Heights 125 SQ. FT. - 2" COMPOST BLANKET 105 LF SILT FENCE - _ __= SAN GENERAL SWPPP NOTES: 1.) EROSION AND SEDIMENT CONTROL PRACTICES SHALL CONFORM TO THE STANDARDS SET FORTH BY LOCAL, STATE, AND FEDERAL AUTHORITIES. 2.) THE SOIL EROSION CONTROLS SHALL BE INSPECTED WEEKLY AND WITHIN 24 HOURS OF ANY 0.25 INCH (OR GREATER) RAIN EVENT. A WRITTEN LOG OF THESE INSPECTIONS AND IMPROVEMENTS TO SITE CONTROLS SHALL BE KEPT ON -SITE. THESE LOGS SHALL INCLUDE THE DATE OF INSPECTION, NAME OF INSPECTOR, OBSERVED WEATHER CONDITIONS, CORRECTIVE ACTIONS TAKE TO CORRECT EXISTING PROBLEMS AND THE DATE THAT THE ACTIONS TOOK PLACE. 3.) TEMPORARY SOIL STABILIZATION SHALL OCCUR IMMEDIATELY AFTER ROUGH GRADING IF THE AREA IS TO REMAIN IDLE LONGER THAT 14 DAYS. ANY DISTURBED AREA THAT WILL NOT BE WORKED ON WITHIN THE NEXT 14 DAYS MUST BE SEEDED AND MULCHED. 4.) SITE CLEANUP WILL BE DONE IN A MANNER THAT ENSURES THAT EROSION CONTROL MEASURED ARE NOT DISTURBED. 5.) CONSTRUCTION ACTIVITIES SHALL BE SCHEDULED TO REDUCE THE AMOUNT OF DISTURBED AREA AT ANY POINT IN TIME. OPERATIONS SHALL BE SCHEDULED AND PERFORMED ENSURING THAT PREVENTATIVE SOIL EROSION CONTROL MEASURES ARE IN PLACE PRIOR TO EXCAVATION IN CRITICAL AREAS. OPERATIONS SHALL BE SCHEDULED AND PERFORMED TO ENSURE TEMPORARY STABILIZATION MEASURES ARE IN PLACE IMMEDIATELY FOLLOWING BACKFILLING OPERATIONS. CONTRACTOR SHALL REDUCE EFFECTS OF STORM WATER BY USING BEST MANAGEMENT PRACTICES LAID OUT IN SUDAS SECTION 9040. 6.) TRENCHES FOR UNDERGROUND UTILITY LINES AND PIPES SHALL BE TEMPORARILY STABILIZED WITHIN 7 DAYS IF THEY ARE TO REMAIN INACTIVE FOR 14 DAYS. TRENCH DE -WATERING DEVICES SHALL DISCHARGE IN A MANNER THAT FILTERS SOIL -LADEN WATER BEFORE DISCHARGING IT TO A RECEIVING DRAINAGE DITCH OR POND. IF SEEDING, MULCHING OR OTHER EROSION AND SEDIMENT CONTROL MEASURES WERE PREVIOUSLY INSTALLED; THESE PROTECTIVE MEASURES SHALL BE REINSTALLED. PIPELINES WITH JOINTS THAT ALLOW A MANUFACTURED LENGTH OF PIPE TO BE PLACED IN THE TRENCH WITH THE PIPE JOINT ASSEMBLED/MADE IN THE TRENCH REQUIRE AN OPEN PIPELINE TRENCH THAT IS ONLY SLIGHTLY LONGER THAN THE LENGTH OF THE PIPE BEING INSTALLED. THE TOTAL LENGTH OF EXCAVATED TRENCH OPEN AT ANY TIME SHOULD NOT BE GREATER THAN THE TOTAL LENGTH OF PIPELINE/UTILITY THAT CAN BE PLACED IN THE TRENCH AND BACKFILLED IN ONE WORKING DAY. NO MORE THAN 50 LINEAR FEET OF OPEN TRENCH SHOULD EXIST WHEN PIPELINE/UTILITY LINE INSTALLATION CEASES AT THE END OF THE WORK DAY. 7.) WHEN USING CONSTRUCTION EQUIPMENT PRECAUTIONS SHALL BE TAKEN TO ENSURE THAT THEY ARE NOT PROMOTING SOIL EROSION. 8.) SILT FENCE SHALL BE A MINIMUM 2 FEET FROM THE PROPERTY LINE IN ARES WHERE WORK IS NEAR ADJACENT PROPERTIES. 9.) ALL DISTURBED AREAS SHALL BE PERMANENTLY STABILIZED IMMEDIATELY AFTER FINAL GRADING. EROSION CONTROL MEASURES SHALL BE MAINTAINED UNTIL PERMANENT STABILIZATION IS COMPLETED, AT WHICH POINT TEMPORARY MEASURES SHALL BE REMOVED. PERMANENT VEGETATION IS A GROUND COVER THAT IS DENSE ENOUGH TO COVER 80% OF THE SOIL SURFACE AND MATURE ENOUGH TO SURVIVE WINTER WEATHER CONDITIONS. 10.) THE CONTRACTOR IS RESPONSIBLE FOR ESTABLISHING A PERMANENT ON -SITE BENCHMARK PRIOR TO CLEARING, GRUBBING, AND/OR DEMOLITION ACTIVITIES. 11.) NO SOLID OR LIQUID WASTE SHALL BE DISCHARGED INTO THE STORM -WATER RUNOFF. 12.) SOLID, SANITARY, AND TOXIC WASH SHALL BE DISPOSED OF IN A PROPER MANNER IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. BURNING, BURYING, POURING ONTO GROUND, OR INTO STORM SEWER ARE ALL PROHIBITED ACTIONS. ITEMS INCLUDE, BUT ARE NOT LIMITED TO SOLVENTS, PAINTS, STAINS, GASOLINE, DIESEL FUEL, USED MOTOR OIL, HYDRAULIC FLUID, ANTIFREEZE, CEMENT CURING COMPOUNDS AND OTHER SUCH TOXIC OR HAZARDOUS WASTE. 13.) WASH OUT OF READY -MIX CONCRETE TRUCKS SHOULD OCCUR IN THE DESIGNATED AREA WHERE THE WASHING CAN COLLECT AND BE DISPOSED OF PROPERLY WHEN IT HARDENS. 14.) THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTING NOTICE OF INTENT (NOI) AND NOTICE OF TERMINATION (NOT) AS REQUIRED BY THE IOWA DNR. CONSTRUCTION SEQUENCE: 1.) INSTALL SILT FENCE AND EXISTING INTAKE PROTECTION. 2.) INITIAL DEMOLITION. 3.) INSTALL FRANCHISE UTILITIES (GAS, ELECTRIC, TELEPHONE, CABLE TV, ETC.) 4.) FINAL GRADE SITE. 5.) INSTALL PAVEMENT, CURB, AND OTHER HARDSCAPES. 6.) ESTABLISH PERMANENT VEGETATION IN ALL DISTURBED AREAS. 7.) REMOVE ALL TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES. HATCH LEGEND 6" PCC PAVEMENT EXISTING PCC ROADWAY SEED AND MULCH (OR CITY APPROVED EQUAL) STORM WATER MANAGEMENT AREA INLET PROTECTION 0 0 SILT FENCE/STRAW WATTLE 0 NORTH 30' COMPOST BLANKET 60' IOWA ONE CALL 800 / 292-8989 TOLL FREE CALL - BEFORE - YOU - DIG I) O J 0_ CD W Q J Li 0 r (23816 Lot 4 Ages Evergreen 11-10031 File #2 TO (25 EA.) Ex. Sanitary Manhole Rim: 876.15 Fnd 1 "0 Hollow Plpe HL (1 EA.) SG (1 EA.) • \ ❑T SAN — „pII parcoog,25363 File # Fnd 1 "O N89°23'00"E Hollow Plpe 247.90' (247.5') 82.43' (82.5') 8 �873� — 8— — — 72 74 875) •-(876)--■ j//// / / / / / 0z 0 J 5 co -(877) - / / / / / / / / / / / / / SG (1 EA.) �- •— ••{87}--a (875) -(874 )— KT (1 EA.) EX/ST/NG PROPERTY L/NE(TYP.) F� --- - OH ------------- / HL (1 EA.) ////// / / / / / / / / / / / / / / / / / / ////// / / / / / / / / ////// / / / / / / / / / / / / / / / N / / m / / / / / / / / / //�� / / / / / / / ////// S89°29'42"W 247.89' (247.5') a7s / 165.47' KT (1 EA.) I HL (1 EA.) SG (1 EA.) FO Fnd 1"O Hollow Plpe Pt. of Lot 15 is RennersNeigh22-14757 File TO (25 EA.) HL (1 EA.) KT (1 EA.) Fnd Iron Rail SW Cor. Pt. Lot 15 Renners Heights GENERAL LANDSCAPING NOTES: 1.) ADJUSTMENTS TO LOCATIONS OF PLANTINGS MAY BE NECESSARY DUE TO SITE CONDITIONS. ANY ADJUSTMENTS MUST BE APPROVED BY OWNER'S REPRESENTATIVE. 2.) COORDINATE PLANT INSTALLATION WITH IRRIGATION CONTRACTOR. 3.) DIAMETERS OF PLANTINGS SHOWN REFLECT PLANTS CLOSER TO MATURITY (RATHER THAN AT INITIAL PLANTING) 4.) THE PLANT LIST IS INTENDED AS A GUIDE FOR THE LANDSCAPE CONTRACTOR (IN THE EVENT OF A DISCREPANCY BETWEEN THE PLAN AND LIST THE LARGER NUMBER SHALL BE APPLY) 5.) SHRUBS OCCURRING IN CONTINUOUS ROW SHALL HAVE UNIFORM HEIGHT AND SPREAD. AREA TO BE FILLED WITH QUANTITY OF SPECIFIED PLANTS, EVENLY SPACED. 6.) A MINIMUM 8" DEPTH OF NEW TOPSOIL SHALL BE PLACED IN ALL NEW BED AREAS PRIOR TO PLANT INSTALLATION. BACKFILL ALL SHRUBS AND TREES WITH MIX OF ONE PART COMPOST TO THREE PARTS TOPSOIL. 7.) MULCH TRESS AND SHRUBS WITH A MINIMUM DEPTH OF 4" OF SHREDDED HARDWOOD MULCH. MULCH SHALL EXTEND IN A CONTINUOUS LAYER WITHIN PLANTING BEDS. 8.) ALL BED EDGES SHALL BE SPADE -CUT AND CLOSELY ALIGNED WITH EDGES AS SHOWN ON DRAWING. KEEP MULCH A MINIMUM OF 1/2 INCH BELOW ADJACENT PAVED SURFACES. 9.) THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR MAINTENANCE OF ALL NEW PLANTS, LAWN AREAS, AND PLANT BEDS FOR A MINIMUM OF 30 DAY S AFTER ACCEPTANCE OF THE WORK BY PROJECT ARCHITECTS REPRESENTATIVE. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO REGULAR WATERING, WEEDING, AND MOWING. 10.) THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL PLANT MATERIALS FOR ONE-YEAR FROM DATE OF ACCEPTANCE. PRIOR TO END OF WARRANTY PERIOD CONTRACTOR SHALL REPLACE ALL TREES, SHRUBS OR PLANTINGS NOT ALIVE OR IN A HEALTHY GROWING CONDITION. 11.) SEED OR SOD ALL LAWN DISTURBED AREAS AS NOTED ON CIVIL DRAWINGS; INCLUDING OUT TO PAVEMENT EDGES. REFER TO CIVIL DRAWINGS AND VERIFY EXTENT WITH PROJECT ARCHITECTS REPRESENTATIVE. LANDSCAPING REQUIREMENTS: THE LANDSCAPE AREA SHALL BE PLANTED WITH A COMBINATION OF TREES AND SHRUBS TO ACHIEVE A MINIMUM OF 0.03 POINTS PER SQUARE FOOT OF TOTAL LOT AREA. 128,318 SQ. FT. X 0.03 PTS./SQ. FT = 3,850 PTS. THERE SHALL BE 0.04 POINTS PER SQ. FT. OF VEHICLE USE AREA. 6,827 SQ. FT. X 0.04 PTS./SQ. FT. = 274 PTS. STREET TREE PLAINING REQUIRES A MINIMUM OF 1.5 PTS. PER LINEAR FOOT OF STREET FRONTAGE. 248 LF X 1.5 PTS./LF = 372 PTS. TOTAL POINTS REQUIRED = 4,496 POINTS TOTAL POINTS PROVIDED = 5,000 POINTS TABLE 2: PLANTING SCHEDULE QTY ID DESCRIPTION SIZE ROOT SPACING NOTES EVERGREEN TREES 50 TO Arborvitae (White Cedar) THUJA OCCIDENTALIS 6' Height BB SEE PLAN NURSERY MATCHED, QUALITY SPECIMEN OVERSTORY STREET TREES 4 HL Honey Locust (thornless) GLEDITSIA TRIACANTHOS INERMIS 4" CAL BB SEE PLAN 50' MATURE HEIGHT. NURSERY MATCHED QUALITY SPECIMEN 3 SG Sweetgum (Godozum) (Moraine) (Styraciflua) LIQUIDAMBAR STYRACIFLUA 4" CAL BB SEE PLAN 50' MATURE HEIGHT. NURSERY MATCHED QUALITY SPECIMEN 3 KT Katsura Tree (Red Fox) CERCIDIPHYLLUM JAPONICUM 4" CAL BB SEE PLAN 50' MATURE HEIGHT. NURSERY MATCHED QUALITY SPECIMEN LANDSCAPING LEGEND PROPOSED SHADE/ORNAMENTAL TREE G PROPOSED EVERGREEN TREE OR SHRUB LEGEND Existing Proposed BOUNDARY LINE EASEMENT LINE PROPERTY LINE --- SECTION/R.O.W. LINE SETBACK LINE — 000 — CONTOUR LINE — E — — E — ELECTRIC LINE — x — — x — FENCE LINE — FO — — FO — FIBER LINE — c — — G — GAS LINE —OHU— OVERHEAD UTILITY LINE — SAN — SANITARY SEWER LINE SILT FENCE LINE O —X-ST — ST — STORM SEWER LINE — — T — TELEPHONE LINE — TV - — TV — TELEVISION LINE — x-w - — w — WATER LINE 0 PROPERTY CORNER 2 0- BENCH MARK k CONIFEROUS TREE C 0 DECIDUOUS TREE C © GAS MANHOLE P II GAS VALVE Qs Qs SANITARY MANHOLE SIGN —o-- —o— E❑ 0 STORM INTAKE C O STORM MANHOLE C 111 TELEPHONE PEDESTAL (-- UTILITY POLE ZI 116 WATER HYDRANT t 6° WATER SHUT OFF P A WATER VALVE HATCH LEGEND 4 0 8" PCC PAVEMENT 10" GRANULAR PARKING LOT EXISTING PCC ROADWAY SEED AND MULCH (OR CITY APPROVED EQUAL) STORM WATER MANAGEMENT AREA NORTH 30' 60' IOWA ONE CALL 800 / 292-8989 TOLL FREE CALL - BEFORE - YOU - DIG U W CD r) Li 0 T 1 CD C U Q J l Revisions (238106) rye ayeui ee ,`( REVISION TRACHTE EULDI\ V 1\1 STORAG 1//1:12 SIT G SYSTE E 8H_ I\GS VS, I\ GABLE PAGE A1.0 A2.0 B1.0 C1.0 C2.0 C2.1 C3.0 E1.0 F1.0 F2.0 G1.0 J1.0 DESCRIPTION FLOOR PLAN & ELEVATIONS BLDG #1 FLOOR PLAN & ELEVATIONS BLDG #2 FOUNDATION PLAN AND DETAILS BLDGS #1 & #2 INTERIOR WALL FRAMING ELEVATION END WALL FRAMING ELEVATION END WALL FRAMING ELEVATION ROOF FRAMING PLAN BLDGS #1 & #2 SIDEWALL ELEVATIONS & DETAILS INTERIOR PARTITION WALL PANEL DETAILS EXTERIOR PANEL PAGE STANDING SEAM ROOF GUTTER PAGE 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. Signature Date Shaun D. Decker My license renewal date is December 31, 2025 Pages or sheets covered by this seal: A1.0 THRU J1.0 \\�\\\111111111/////// Q�pFESS IOM9 ^^%,,/ V SHAUN D. DECKER P24653 '///// 1OW A \\\,\�`. ////111111111111�\ Ali1ii. i.s BEW Blank Endwall BSW Blank Sidewall BLDG. Building CNR Corner COL Column CTR. Center DIA. Diameter DBL. Double E P D M Ethylene—Propylene— Diene—Monomer EW Endwall EXT Exterior F.O. Finished Opening F.M. Field Modify GA. Gauge GALV. Galvanized GALVM. Galvalume I.D. Inside Diameter INT Interior MISC. Miscellaneous MPH Miles Per Hour NOM. Nominal NTS. O.C. OPP. PART PT PSF PTD. QTY. REQ'D. R.O. S.D. STR. TYP. WWF v rr r Not To Scale On Center Opposite Partition Partition Pounds Per Sq. Foot Painted Quantity Required Rough Opening Self Drilling Starter Typical Welded Wire Fabric ASGY BWHT CDRD CLBG CRMB CONB DTAN EVGN GARN IWHT ORAN PLBL ROYB SGRY Ash Gray Bright White Cedar Red Classic Beige Cream Beige Contl. Brown Desert Tan Evergreen Garnet Iced White Sunset Orange Polar Blue Royal Blue Slate Gray 10—DIGIT PART NUMBER 5000500000 COMPONENT NUMBER COLOR GAUGE i art Numbering 2—DIGIT CODE IDENTIFIES MATERIAL COLOR OR GAUGE STRUCTURAL PARTS USE GAUGE CODE NON—STRUCTURAL PARTS USE COLOR CODE 4—DIGIT RANDOM NUMBER RANGE FROM 0000 TO 9999 MOST COMPONENTS WILL FOLLOW A LOGICAL SEQUENCE BASED ON HOW OR WHERE THEY ARE USED ON A BUILDING 4—DIGIT COMPONENT CODE THIS IDENTIFIES A CLASS OF PARTS SUCH AS COLUMNS, HEADERS, BASEPLATES ETC. 9—DIGIT NUMBER 33__ e., COMPONENT FINISH LENGTH Imaginary Decimal Point 5—DIGIT LENGTH FIRST 3—DIGITS = INCHES LAST 2—DIGITS ARE DECIMAL (FRACTION) ALWAYS IMAGINE A DECIMAL POINT BEFORE LAST 2—DIGITS 2—DIGIT CODE IDENTIFIES MATERIAL COLOR OR GAUGE STRUCTURAL PARTS USE GAUGE CODE NON—STRUCTURAL PARTS USE COLOR CODE 2—DIGIT PROFILE CODE THIS IDENTIFIES A STANDARD PROFILE SUCH AS PANELS, TRIMS, STUDS, ETC. 2—DIGIT 2—DIGIT GAUGE CODES WALL & TRIM 12 = 12—GAUGE COLOR CODES 14 = 14—GAUGE 60 16 = 16—GAUGE 61 18 = 18—GAUGE 62 63 2—DIGIT 27 COLOR CODES 80 = Galvanized 82 = Galvalume = Cream Beige = Slate Gray = Classic Beige = Iced White = Light Stone 2—DIGIT DOOR or TRIM COLOR CODES 2—DIGIT DOOR or TRIM COLOR CODES 21 = Ash Gray 44 = Contl. Brown 26 = Matte Black 45 = Garnet 31 = Patriot Red 46 = Evergreen 40 = Sunset Orange 47 = Cedar Red 41 = Desert Tan 48 = Shale 42 = Polar Blue 63 = Iced White 43 = Royal Blue 64 = Bright White (Door) 32 = Ume Green (Door only) 2—DIGIT S.S. Roof COLOR CODES 10 = Regal White 11 = Roman Blue 12 = Evergreen 13 = Patrician Bronze 14 = Surrey Beige 23 = Regal/Harbor Blue 24 = Colonial Red 26 = Matte Black 82 = Galvalume 2—DIGIT Special COLOR CODES 28 = Clay 33 = Polar White 37 = Sand Stone 38 = VP Charcoal Black 39 = VP Patrician Bronze 49 = Natural Stone 65 = Yellow 66 = Silver Metallic 67 = Birch White Anchor Bolts — (Concrete Screws) Angle, Eave/Base -- Channel, Eave/Base Base Plate -- if Bolts used to anchor eave/base angles or channels, and base plates to a foundation or other support. An angle or channel used at the base or top of a paneled wall section. Channels are usually used when the wall section is insulated. A plate attached to the bottom of a column or jamb which rests on a foundation or other support, usually secured by anchor bolts. Bracing -- Angles or straps used in the plane of the roof and walls to transfer loads, such as wind, seismic and crane thrusts to the foundation. Bridging -- Series of bracing used in the roof framing to stiffen purlins. Clip -- A plate or angle used to fasten two or more members together. Column -- A main member used in a vertical position on a building to transfer loads from main roof rafters, or purlins to the foundation. Eave The line along the sidewall formed by the intersection of the planes of the roof and wall. A pad or mat, usually of concrete, located under a column, wall or other structural member, that is used to distribute the loads from that member into the supporting soil. Footing Girt A horizontal structural member that is attached to sidewall or endwall columns and supports paneling. Gutter -- A light gauge metal member at an eave, valley or parapet designed to carry water from the roof to downspouts or drains. Header -- The horizontal framing member located at the top of a framed opening, (doors). Jamb -- The vertical framing members located at the sides of an opening (doors). Purlin -- A horizontal structural member which supports roof covering. Rafter -- The main beam supporting the roof system. Rake Angle Structural Line Rake Trim Ridge -- Angle fastened to purlins at rake for attachment of endwall or partition panels. Usually chalk lines laid out on the foundation to aid in placing columns and other structural components of a building floor plan. Accurate placement of these lines is critical to erecting a building. A trim designed to close the opening between the roof and endwall panels. The horizontal line formed by opposing sloping sides of a roof running parallel with the building length. 4 te Revision Indicator Notation Reference Detail Identification/Reference Detail Identification Section Identification/Reference CPt No.) Part Number Identification 12 =III=III=I III III III DS Rise/Run Identification North Arrow Concrete Earth Insulation Down Spout CODE CONSTRUCTION TYPE USE GROUP GROUND SNOW LOAD SNOW EXPOSURE CATEGORY SNOW IMPORTANCE FACTOR WIND VELOCITY (V uLT) WIND VELOCITY (V Asp) WIND EXPOSURE CATEGORY RISK CATEGORY SPECTRAL RESPONSE ACCELERATION (Ss) SPECTRAL RESPONSE ACCELERATION (S1) SPECTRAL RESPONSE ACCELERATION (SDS) SPECTRAL RESPONSE ACCELERATION (SDI ) SITE CLASS D SEISMIC DESIGN CATEGORY B 2015 INTERNATIONAL BUILDING CODE TYPE II B MODERATE HAZARD STORAGE, S-1 30 psf C 0.8 109 mph 84 mph C 0.060 0.043 0.064 0.069 TRACHTE BUILDING SYSTEMS, 0 Q) L Q) 0 0 (f) 0 03 .0 0 0 0 L 0 x 0 0) 0 N -70 CO U O O O Q. I0 Ico o a co C 0 N o_ 0 0 0 L O Structural Fasteners Trachte structural bolts are SAE J429—Grade-2 or ASTM A307A unless specifically noted. These are typically Trachte Part No's 760110 & 764200. All bolt holes shall be aligned to permit insertion of bolts without undue damage to threads. Bolts shall be placed in all holes and nuts threaded to complete assembly. Compacting joint to snug —fit condition shall progress systematically from most rigid part of joint. Snug —tightened condition is tightness attained with a few impacts of impact wrench or full effort of ironworker using ordinary spud wrench to bring connected plies into firm contact. Specification for Structural Joints Using High Strength Bolts, December 31, 2009 Self Drilling Fasteners Use self —drilling screws in the locations, quantities, and methods shown or noted on these drawings. Self —Drilling Fasteners should be used in accordance with SAE J78 specifications for Self —Drilling Screws. WARNING: When installing Self —Drilling screws, take care to minimize exposed screwpoint hazard, by locating screws next to panel bends and near recessed corners of angles. Structural Bracing All structural bracing is an integral part of the structural system and should be installed where noted or shown on the Floor Plans & Roof Framing Plans all connections should be consistent with all details related to installation of bracing components. Removal or alteration of bracing without prior authorization is prohibited. Temporary Bracing Temporary supports or bracing required to erect the building is the responsibility of the erector to determine, furnish, install and remove. Permits It is the responsibility of the Building Owner/ Contractor/ Erector to obtain all appropriate approvals and necessary permits from City, County, State, or other agencies as required. Structural Lines Structural lines are referenced often throughout our drawing details. These relate to the chalk lines that are to be laid out on the foundation. The lines should always be laid out taking into consideration the inherent imperfections commonly associated with foundations. The edge of a foundation is seldom straight enough to use as a base for dimensioning. It is recommended to begin your layout at 10'-1" from the sidewall edge (refer to "Locating The First Line" in the Trachte Erection Manual). All other lines should be placed accurately from the first line. By Others The design, detailing, and materials for items designated as "By Others" are not the responsibility of Trachte Building Systems, Inc. Field Cutting and Drilling Field cutting and drilling of some parts will be required. 00 Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE WEST AIRLINE HWY. 0 0 WATERLOO, IA Sheet Title COVER PAGE Date 2/6/24 Drawn by TSL Scale N.T.S. Plan No. P59526 Order No. 6—DIGIT PART NUMBERS ARE ALSO USED. THESE FOLLOW NO SPECIFIC STRUCTURE. THEY ARE COMMONLY USED FOR FASTENERS, SWING DOORS, PEAK BOXES, AND SOME OTHER PARTS. Most of Trachte's standard color codes are shown. Special colors are not shown. Permit plans may not show the correct color of your desired building. The final erection set of drawings may show the correct colors ordered. The colors may not always be shown within the drawing set but the material listing will always show the correct color for the part listed. NOTICE: THE SPECIFIC PROJECT INFORMATION PROVIDED TO TRACHTE BUILDING SYSTEMS, INC. WAS USED IN THE DEVELOPMENT OF THE ENGINEERING DRAWINGS, .DETAILS, MATERIALS LIST AND PRICING. ANY DISCREPANCIES BETWEEN THIS INFORMATION AND THE ACTUAL JOB CONDITIONS WILL AFFECT THE ACCURACY OF THIS WORK. TRACHTE IS NOT RESPONSIBLE FOR ANY ADDITIONAL MATERIALS OR ANY LAYOUT PROBLEMS CAUSED BY INACCURATE SITE INFORMATION. PLEASE RECHECK THIS INFORMATION CAREFULLY! Sheet No. Cover J Page 594 of 630 r A O 0 O fl DS• 0 0 0 _ O DEDD 2 5950000118) DF 0 COLUMN ORIENTATION MIRRORS THIS VIEW AT RIDGE & BEYOND.I ----------------- I F STARTER BAY I I tructural ine TYPICAL BAY 0 tructural ine O tructural ine tructural _ine (5950000118 DF DEDD CDI DS • / E u u u u u A u u u u u u n (5993010118) 1.0 5992000118) 1.0 �5992000118)\ , (5991000318) (5992000318) {5992000318 —(5992000518) 000518 u A 5991000718) cC1.0 /5992000718 I n NOTE COLUMN ORIENTATION IN STARTER BAY A B n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n Tr 5992000518) 1.0 1.0 4992000518)\ n 5991000318 5992000318) 0992000318 /` n n (5993010118) 5992000118) 5992000118 ) n n n n n n n n J n J n n J n n n 15950000118) (5950000118A (DEDD 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" DEDD 10'-0" ♦ DS STARTER BAY DS ♦ DS 180'-0" ♦ DS ♦ DS DS FLOOR PLAN FOR 8'-4" EAVE, 1/4:12 PITCH, MINI STORAGE BUILDING #1 DOOR SCHEDULE QTY CODE TYPE SIZE ROUGH OPENING (REF.) MANUF. DESCRIPTION COLOR 2 DB ROLL —UP 3'-8" x 7'-0" 3'-8" x 7'-0" TRAC—RITE/eq. ROLL —UP DOOR EVERGREEN 6 DC ROLL —UP 4'-0" x 7'-0" 4'-0" x 7'-0" TRAC—RITE/eq. ROLL —UP DOOR EVERGREEN 4 DEDD ROLL —UP 8'-8" x 7'-0" 8'-8" x 7'-0" TRAC—RITE/eq. NON —OPERATIONAL DOOR EVERGREEN 32 DF ROLL —UP 9'-0" x 7'-0" 9'-0" x 7'-0" TRAC—RITE/eq. ROLL —UP DOOR EVERGREEN 2 DG ROLL —UP 8'-8" x 6'-6" 8'-8" x 6'-6" TRAC—RITE/eq. ROLL —UP DOOR EVERGREEN 2 DH ROLL —UP 9'-0" x 6'-6" 9'-0" x 6'-6" TRAC—RITE/eq. ROLL —UP DOOR EVERGREEN ROLL -UP DOORS MEET ASTM EJJO DO NOT ORDER DOORS BY OTHERS PRIOR TO RECEIVING THE ERECTION SET. RO AND DOOR SIZES MAY VARY DUE TO ENGINEERING ISSUES. SIDE WALL ELEVATION END WALL ELEVATION 1/8"= on END WALL ELEVATION (5991000118 ) 5991000318) (5991000518) 5991000718 (5991000518) 5991000318) (5991000118 ) IYt V/JfU/V Date \\\```�k�OFESS I Aiki ///// JI SHAUN D. = I DECKER P24653 -%* *, /* -c /''%//��� IOW A \��to`���\\\\ "niiinto TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. 0 Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title FLOOR PLAN & ELEVATIONS BLDG #1 Date 2/6/24 Drawn by TSL Scale 1/8" = 1'-0" P/an No. P59526 Order No. Sheet No. A1.O ot Page 595 of 630 r A O 0 O fl DS• 0 0 _ O DEDD 2 5950000118) DF 0 COLUMN ORIENTATION MIRRORS THIS VIEW AT RIDGE & BEYOND.I ----------------- I F STARTER BAY I I tructural ine TYPICAL BAY 0 tructural ine O tructural ine tructural _ine (5950000118 DF DEDD CDI DS • E u A u u A u u u u u u u n 1.0 5992000118) 1.0 u (5992000118)� (5993010118 /-(5991000318) 5992000318 05992000318) �5992000518� -(5992000518) u -(5991000718) C1.0 -�5992000718) /-(5992000718)\ NOTE COLUMN ORIENTATION IN STARTER BAY A B 1.0 n n n n n n n n n n n n n n n n n n n n n n n n 1.0 _ (5992000518)� -(5992000518) /� �nl n 5991000318� 5992000318 5992000318) 1 n ^ n (5993010118) (5992000118 )\ 5992000118) n n n n n n n n J n J n n J n n /` n 15950000118) (5950000118A (DEDD 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" (DEDD 10'-0" ♦ DS STARTER BAY ♦ DS 180'-0" ♦ DS ♦ DS DS FLOOR PLAN FOR 8'-4" EAVE, 1/4:12 PITCH, MINI STORAGE BUILDING #2 DOOR SCHEDULE QTY CODE TYPE SIZE ROUGH OPENING (REF.) MANUF. DESCRIPTION COLOR 4 DEDD ROLL —UP 8'-8" x 7'-0" 8'-8" x 7'-0" TRAC—RITE/eq. NON —OPERATIONAL DOOR COLORED .. 32 DF ROLL —UP 9'-0" x 7'-0" 9'-0" x 7'-0" TRAC—RITE/eq. ROLL —UP DOOR COLORED .. 4 DG ROLL —UP 8'-8" x 6'-6" 8'-8" x 6'-6" TRAC—RITE/eq. ROLL —UP DOOR COLORED .. 4 DH ROLL —UP 9'-0" x 6'-6" 9'-0" x 6'-6" TRAC—RITE/eq. ROLL —UP DOOR COLORED .. ROLL -UP DOORS MEET ASTM E330 DO NOT ORDER DOORS BY OTHERS PRIOR TO RECEIVING THE ERECTION SET. RO AND DOOR SIZES MAY VARY DUE TO ENGINEERING ISSUES. 5991000318) ,z-(5991000718) ,7-(5991000318) SIDE WALL ELEVATION END WALL ELEVATION 1/8"=1'-0" END WALL ELEVATION IYt V/Jll//V Date \\\```�k�OFESS Ip/// ////// =J/' SHAUN D. ` _ = I DECKER P24653 .%* *� *\- /''/////// IOW A \��to`���\\\\ "niiinto TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. 0 Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title FLOOR PLAN & ELEVATIONS BLDG #2 Date 2/6/24 Drawn by TSL Scale 1/8" = 1'-0" P/an No. P59526 Order No. Sheet No. A2.O ot Page 596 of 630 10'-1" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10' 0" 10'-0" 10'-0" 10'-0" 10'-1" 180'-2" FOUNDATION PLAN for MINI STORAGE BUILDINGS #1 & #2 GENERAL FOUNDATION NOTES v FOUNDATIO, LEGEND FOUNDATION SPECIFICATIONS 1. FLOOR SLAB SHALL BE (SEE LEGEND) THICK WITH 6 X 6 — W1.4 X W1.4 WELDED WIRE FABRIC. 2. CONCRETE SHALL BE OF A MIXTURE AND DENSITY TO YIELD A 2,500 PSI COMPRESSIVE STRENGTH AT 28 DAYS. NOTE: STRUCTURAL DESIGN IS BASED ON 2,500 PSI. HOWEVER, 3,000 PSI IS PREFERRED. 3. REINFORCING STEEL SHALL CONFORM TO ASTM A-615, GRADE 60 FOR #4 AND LARGER BARS, AND GRADE 40 FOR #3 BARS AND ALL DOWELS AND TIES. STEEL SHALL BE KEPT CLEAN AND FREE OF RUST. LAP ALL REINFORCING A MINIMUM OF 28" AT SPLICES AND AROUND CORNERS. 4. WELDED WIRE FABRIC SHALL CONFORM WITH ASTM A-185, AND SHALL BE LAPPED 8 INCHES MINIMUM AT ALL SIDE AND END LAPS. NOTE: WELDED WIRE FABRIC IS USED IN THE STRUCTURAL DESIGN OF THE FLOOR SLAB. THEREFORE, FIBER REINFORCING CANNOT BE USED AS AN ALTERNATE. 5. VAPOR BARRIER SHALL BE A MINIMUM OF 6 MIL POLYETHYLENE WITH JOINTS LAPPED NOT LESS THAN 6 INCHES. 6. STRUCTURAL ANCHORS SHALL BE CONCRETE SCREWS TO BE PROVIDED BY TRACHTE BUILDING SYSTEMS. INSTALLATION INSTRUCTIONS ARE SPECIFIED IN NOTE 01 ON THE ERECTION DETAIL PAGES. 7. NON—STRUCTURAL ANCHORS SHALL BE EITHER POWDER ACTUATED ANCHORS OR TAPCON SCREW ANCHORS. THESE ANCHORS ARE NOT SUPPLIED BY TRACHTE BUILDING SYSTEMS. INSTRUCTIONS FOR LOCATING NON—STRUCTURAL ANCHORS ARE SPECIFIED IN NOTE 02 ON THE ERECTION DETAIL PAGES. NON—STRUCTURAL ANCHORS SHALL BE INSTALLED PER MANUFACTURERS SPECIFICATIONS. 8. FREE DRAINING GRANULAR FILL SHALL BE A NON FROST SUSCEPTIBLE FILL MATERIAL CONSISTING OF COURSE SAND, CRUSHED ROCK, OR AN APPROVED EQUIVALENT. FOUNDATION DESIGN NOTES: 1. FOUNDATION PLAN SHOWN IS DESIGNED FOR A PRESUMED 1,500 PSF ALLOWABLE BEARING PRESSURE. 2. PLEASE NOTIFY ENGINEER OF ANY UNUSUAL CONDITIONS. GENERAL FOUNDATION NOTES: 1. NOTCH SHALL BE LEVEL WITH NO PITCH. 2. FOUNDATION MUST BE SQUARE AND LEVEL. 3. PROVIDE CONTROL JOINTS AT 15'-0" ON CENTER MAXIMUM SPACING. ALL CONTROL JOINTS SHOULD BE LOCATED AT LEAST 1 FOOT OFF OF THE TRACHTE BUILDING SYSTEMS COLUMN GRID SHOWN ON THE FOUNDATION PLAN. NOTE TRACHTE BUILDING SYSTEMS, INC. IS ONLY RESPONSIBLE FOR THE DESIGN OF THE FOUNDATION TO ACCEPT OUR BUILDINGS. THE DESIGN IS BASED ON THE PARAMETERS SPECIFIED IN THE NOTES, AND THE LOADS IMPOSED BY OUR BUILDING SYSTEM. IT IS THE OWNERS RESPONSIBILITY TO NOTIFY TRACHTE'S ENGINEERING DEPARTMENT OF ANY UNUSUAL SITE CONDITIONS OR OF ANY MATERIALS NOT SUPPLIED BY TRACHTE, THAT WILL IMPOSE LOADS ON THE FOUNDATION SYSTEM. ACTUAL CONSTRUCTION OF THE FOUNDATION, INCLUDING LABOR AND MATERIALS FOR PLACING OF REINFORCING STEEL AND CONCRETE IS BY OTHERS AND THEREFORE, NOT THE RESPONSIBILITY OF QRACHTE BUILDING SYSTEMS. 1 PAVING OR FINISHED GRADE FREE DRAINING INORGANIC GRANULAR FILL EARTH SLAB THICKNESS 4" CONCRETE SCREW (INTERIOR) 3/8" x 2 1 /2" i CONCRETE SCREW (EXTERIOR) Q/8" x 2 1 / (CONCRETE SCREW 14" - #4 REINFORCING BAR CONTINUOUS WELDED WIRE FABRIC VAPOR BARRIER 54" CLEAR 4" 3" CLEAR SLAB THICKNESS (SEE LEGEND) 4" FILL 1'-4" II 6" 1'-0" FLOATING SLAB DETAIL, NOTCHED WELDED WIRE FABRIC — VAPOR BARRIER II' SLA3, INTERIOR SECTION DIMENSION VARIES 2i"MIN. (CONCRETE SCREW (FOUNDATION EDGE SLAB THICKNESS (SEE LEGEND) 4" FILL DIMENSION VARIES 2i"MIN. CONCRETE SCREW LOCATION, CORNER DIMENSION VARIES 5"MIN. (CONCRETE SCREW (FOUNDATION EDGE) DIMENSION VARIES 2i"MIN. CONCRETE SCREW LOCATION, EXTERIOR 24" REF. (INTERIOR COLUMN (BASEPLATE (CONCRETE SCREW) rid ine 2" REF. rid ine SEE FLOOR PLAN TO LOCATE & ORIENTATE BASEPLATE & INTERIOR COLUMNS CONCRETE SCREW LOCATION, INTERIOR BASEPLATE (CONCRETE SCREW) (FOUNDATION EDGE) CONCRETE SCREW ANCHOR TO BE ERECTOR INSTALLED IN LIEU OF CAST -IN -PLACE ANCHOR SCREWS. MINIMUM EMBEDMENT DEPTH = (CONCRETE SCREW LENGTH) + i", CONCRETE SCREW, SECTION, FOUNDATION EDGE /CC V//IJ/V Date ��� WIIIilil//,/� �oQ�pESS IOMq�F,,/. ;r SHAUN D. �: i DECKER = P24653 •i1111111 nmo TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. <>.°0 1 <>. Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title FOUNDATION PLAN & DETAILS BLDGS #1 & #2 Date 2/6/24 Drawn by TSL Scale 1/8" = 1'-0" Plan No. P59526 Order No. Sheet No. B1.O Page 597 of 630 PART # INDEX PART # DESCRIPTION 5050020012 12ga. Interior base plate 5050020112 12ga. DBL. jamb, base plate 5050022218 18ga. DBL. jamb clip 5950000118 18ga. PT. support jamb 5970000162 18ga. DBL. jamb, 8'-4', CLBG 5987000018 18ga. PT. rake angle, 5' long 5992000118 18ga. interior column, 3.63" x 2', 5'/EV 5992000318 18ga. interior column, 3.63" x 2', 10'/EV 5992000518 18ga. interior column, 3.63" x 2', 15'/EV 5992000718 18ga. interior column, 3.63" x 2', 20'/EV DOOR SIDEWALL (505002221 597000016: (5050020112 PRIMARY CONCRETE ANCHOR INSTALLATION 1) USING THE PROPER DRILL BIT SIZE, DRILL A HOLE INTO THE BASE MATERIAL TO THE REQUIRED DEPTH. THE TOLERANCES OF THE DRILL BIT USED SHOULD MEET THE REQUIREMENTS OF ANSI STANDARD B212.15. 2) REMOVE DUST AND DEBRIS FROM HOLE DURING DRILLING (E.G. DUST EXTRACTOR, HOLLOW BIT) OR FOLLOWING DRILLING (E.G. SUCTION, FORCED AIR) TO EXTRACT LOOSE PARTICLES CREATED DURING DRILLING. 3) SELECT A TORQUE WRENCH OR POWERED IMPACT WRENCH AND DO NOT EXCEED THE MAXIMUM TORQUE, TiNsr YAX OR TiIPAcT,MAX RESPECTIVELY FOR THE SELECTED ANCHOR DIAMETER AND EMBEDMANT. ATTACH AN APPROPRIATE SIZED HEX SOCKET/DRIVER TO THE IMPACT WRENCH. MOUNT THE SCREW ANCHOR HEAD INTO THE SOCKET. 4) DRIVE THE ANCHOR INTO THE HOLE UNTIL THE HEAD OF THE ANCHOR COMES INTO CONTACT WITH THE FIXTURE. THE ANCHOR MUST BE SNUG AFTER INSTALLATION. DO NOT SPIN THE HEX SOCKET OFF THE ANCHOR TO DISENGAGE. 7". 9". 11" Sc 12" PURLINS: 7" (AS SHOWN) and 9" PURLINS HAVE TWO -BOLT CONNECTIONS ON EACH END. 11 " AND 12" PURLINS REQUIRE THREE -BOLT CONNECTIONS ON EACH END. BASE PLATE REFERENCE HOLES HOLES AT THE CENTER OF THE BASE PLATES ARE USED AS A AID TO LOCATE BASEPLATES ON THE STRUCTURAL LINES (CHALK LINES). C5987000018. C5992000118., 5950000118) 3 C5992000318 C5992000518)., C5992000718., C5992000518 C5992000318 C5992000118), 5050020012 L- (5950000118 (5050020112 5'-0" 5'-0" 5'-0" 5'-0" 40'-0" 5'-0" 5'-0" 5'-0" 5'-0" INTERIOR WALL FRAMING ELEVATION, 1/4" PITCH PARTITION PANEL NOT SHOWN, SEE PARTITION DETAILS NOTE: RIGHT SIDE SHOWN, LEFT SIDE MIRROR THIS DETAIL. NOTES: NOTE: RIGHT SIDE SHOWN, LEFT SIDE MIRROR THIS DETAIL. NOTE: RIGHT SIDE SHOWN, LEFT ioi� r SIDE MIRROR THIS DETAIL. 1) SEE FLOOR 2) 3) (1)LUMN PRIMARY TBS. (1) SECONDARY HEX PRIMARY �JGe, SECONDARY PLAN OPENING DRIVE) HEAD �� ANCHORAlio o� INTERIOR FOR PROPER SHOULD FACE ANCHOR REQUIRED ANCHOR (CONCRETE REQUIRED AT COLUMN BOLT, ���"oi -, ANCHOR 502840 COLUMN/BASE CONNECTION BASE AT EACH NEAREST . � PLATE EACH SCREW, BASE �� 0 AND COLUMN BASE' PLATE, SUPPLIED POWDER ACTUATED, PLATE, 502840 HEX NUT "v���� / BASE PLATE LOCATIONS. BY ORAS SUPPLIED BYc��ta\ _, ,,,,� ~ate PLATE �760602} (PURLIN) NOTE: SEE ING GE FOR FIELD CUT NEEDEDeHAMMER CORRECT PURLOIN ORIENTATION. 760602 Ar:tctural4) CJAMB CLIPJ�SINTERIOR t.ne<RAKEIJ ANGLEilloo LE� II TABS OVERLAP CBASE PLATE (SUPPORT, SW) 0 IJAMB) tructural n e (PURLIN) 0 o of �� ; 1_ ,,,,� %'r4 (JAMB 760110 {CONCRETE SCREW SUPPORT, SW) 760300 �� 2PLCS / 'I tructural �� (RAKECOLUMN760110 E60110 60300� tructural ine ANGLE} tructural� 0 JAMB/SUPPORT/RAKE CONNECTION ANGLE TABS OVERLAP ine 760300 4 JAMB/SUPPORT/BASE PLATE CONNECTION oINTERIOR RAKE ANGLE 4 PLCS COLUMN, PURLIN, CONNECTION / / DOOR SIDEWALL 505002221 5970000162 w o 1 1 /CC V/J/lJ/V Date OW1111//11110 • \ 'R - ----, ES F%,,�% - ;; SHAUN D. �: 1 DECKER P24653 • //////// la A \\\\\.\`��\�. ////ninuo�� TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. <>.°0 1 <>. Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title INTERIOR WALL FRAMING DETAILS Date 2/6/24 Drawn by TSL Scale 1/2" = 1'-0" Plan No. P59526 Order No. Sheet No. c1.o Page 598 of 630 PART # INDEX PART # DESCRIPTION 5050020112 12ga. DBL. jamb, base plate 5050020212 12ga. CNR. jamb, base plate 5050022118 18ga. base plate, header bracket 5050022218 18ga. DBL. jamb clip 5940000216 16ga. LH hdr column, 3.63" x 2", 5-0/EV 5940000316 16ga. RH hdr column, 3.63" x 2", 5-0/EV 5940001016 16ga. LH hdr column, 3.63" x 2", 15-0/EV 5940001116 16ga. RH hdr column, 3.63" x 2', 15-0/EV 5956000162 18ga. EW header, 9'-0", CLBG 5956000262 18ga. EW header, 8'-8', CLBG 5970000162 18ga. DBL. jamb, 8'-4', CLBG 5975000162 18ga. CNR jamb, false, 8'-4", CLBG 5991000318 18ga. EW column, 3.63" x 1.5", 10'-0 /EV 5991000718 18ga. EW column, 3.63" x 1.5", 20'-0'/EV r PRIMARY CONCRETE ANCHOR INSTALLATION 1) USING THE PROPER DRILL BIT SIZE, DRILL A HOLE INTO THE BASE MATERIAL TO THE REQUIRED DEPTH. THE TOLERANCES OF THE DRILL BIT USED SHOULD MEET THE REQUIREMENTS OF ANSI STANDARD B212.15. 2) REMOVE DUST AND DEBRIS FROM HOLE DURING DRILLING (E.G. DUST EXTRACTOR, HOLLOW BIT) OR FOLLOWING DRILLING (E.G. SUCTION, FORCED AIR) TO EXTRACT LOOSE PARTICLES CREATED DURING DRILLING. 3) SELECT A TORQUE WRENCH OR POWERED IMPACT WRENCH AND DO NOT EXCEED THE MAXIMUM TORQUE, TiNsT MAX OR TiupAcTMAX RESPECTIVELY FOR THE SELECTED ANCHOR DIAMETER AND EMBEDMtNT. ATTACH AN APPROPRIATE SIZED HEX SOCKET/DRIVER TO THE IMPACT WRENCH. MOUNT THE SCREW ANCHOR HEAD INTO THE SOCKET. 4) DRIVE THE ANCHOR INTO THE HOLE UNTIL THE HEAD OF THE ANCHOR COMES INTO CONTACT WITH THE FIXTURE. THE ANCHOR MUST BE SNUG AFTER INSTALLATION. DO NOT SPIN THE HEX SOCKET OFF THE ANCHOR TO DISENGAGE. 7/ r 0 DOOR SIDEWALL 5050020212 -(5975000162) —(5050020212) —(5050020212) 5050022118) IN 8'-8'' F.O. 10'-0" PURLIN (5956000162) 5991000318) r i i 0 100 7". 9". 11 " de 12" PURLINS: 7" (AS SHOWN) and 9" PURLINS HAVE TWO —BOLT CONNECTIONS ON EACH END. 11" AND 12" PURLINS REQUIRE THREE —BOLT CONNECTIONS ON EACH END. ENDWALL JAMBS — ADDITIONAL BASE PLATE TO STIFFEN THE ENDWALL JAMBS, AN ADDITIONAL BASE PLATE SHOULD BE INSTALLED NEAR THE TOP, EXCEPTING JAMB ASSEMBLIES THAT ALREADY REQUIRE A SPECIFIC JAMB STIFFENER, SUCH AS THOSE WITH A WINDLOCK DOOR. USING SELF —DRILLING SCREWS, FASTEN DOOR BRACKET, DOOR JAMB, AND BASE PLATE AS SHOWN. AT LEAST ONE DOOR BRACKET FASTENER MUST CONNECT WITH THE BASE PLATE. LOCATE THE BASE PLATE ACCORDINGLY. 1 9'-0" F.O. 10'-0" —(5991000718) (5940001116)-- —(5940001016) 5050020112) `5940000316 y — C5050022218) (5970000162) —(5991000318) 9'-0" F.O. 10'-0" -(5050020112) C5050020210- 5940000216) 8'-8'' F.O. 10'-0" (5975000162 (5050020212)— . (5050020212 0 ° 40'-0" 40' ENDWALL W/ 10-0 CLOSETS 1/4:12 PITCH (INTERIOR VIEW) DOOR SIDEWALL Utructural Ine ) !603Oc 60110 \0 ° SW HEADER (HEADER) (JAMB CLIP) ® 0 ° �° — (EW COLUMN ° EW COLUMN (WRENCH HOLES 60300 0 00 00 0 0�- � 760110� 0 760110 rill DOOR JAMB 760300 I Iii/ � �ORNER JAMBB] o 0 0 �� o (PURLIN) ° 0„, 100 760300 — (DOOR JAMB) •�.© 0 DOOR JAMB t) ® / ., CLIP 0 .---v`� 0 DETAIL -0I 760110 (760600 � 760300 O o U , °/\' BASE PLATE 760 10 01 + �� 760110 760300lli (760600� y 000NCRETE SCREW �� BASE PLATE r (DOOR JAMB) � ' � 0 CORNER JAMB 8 MIDDLE CONNECTION OF CORNER JAMB DETAIL 9 BOTTOM CONNECTION OF CORNER DETAIL JAMB CWRENCH HOLES CONCRETE SCREW 01; CEW COLUMN .^,,,J COMM 6 BOTTOM OF DOOR JAMB CONNECTION DETAIL (EW HEADERR] (BASE PLATE- ' (CORNER JAMB 4 TOP OF DOOR JAMB CONNECTION DETAIL 0 HEADER TO CORNER JAMB CONNECTION NOTE: NON—WINDLOCK DOOR BRACKET SHOWN. SEE WINDLOCK DETAIL WHEN MOUNTING WINDLOCK DOORS 85 (BASE PLATE) DOOR JAMB Oo e a 0 0 * INCLUDED IN DOOR HARDWARE PACKAGE —(5/16-18 x 1" BOLT)* ® {TEK—SCREW* 760300 760110 (EW COLUMN) DOOR BRACKET AND DOOR JAMB CONNECTION DETAIL NOTE: FIELD NOTCH PURLIN AROUND HEADER. (EW HEADER) PURLIN BRACKET CONNECTION DETAIL (HEADER) (BASEPLATE) (DBL JAMB CLIP (DBL JAMB) C BL JAMB CLIP EW COLUMN) BASEPLATE) ENDWALL CLOSET SECTION DBL JAMB CLIP DOOR JAMB SUB —ERECTION DETAIL rc vi.Diviv Date okIIIHININ0 \\\\\���oQ,pFESS IOM4�F,,,„ ;; SHAUN D. = DECKER P24653 iiiiii mo TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. <5><> 1 <> Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title END WALL ELEVATIONS Dote 2/6/24 Drawn by TSL Scale 1/2" = 1'-0" Plan No. P59526 Order No. Sheet No. C2.O Page 599 of 630 PART # INDEX PART # DESCRIPTION 5050020112 12ga. DBL. jamb, base plate 5050020212 12ga. CNR. jamb, base plate 5050022218 18ga. DBL. jamb clip 5955000362 18ga. SW / EW header, 4'-0", CLBG 5955000462 18ga. SW / EW header, 3'-8", CLBG 5970000162 18ga. DBL. jamb, 8'-4', CLBG 5975000162 18ga. CNR jamb, false, 8'-4", CLBG 5991000118 18ga. EW column, 3.63" x 1.5", 5'-0 /EV 5991000318 18ga. EW column, 3.63" x 1.5", 10'-0 /EV 5991000518 18ga. EW column, 3.63" x 1.5", 15'-0 /EV 5991000718 18ga. EW column, 3.63" x 1.5", 20'-0'/EV PRIMARY CONCRETE ANCHOR INSTALLATION 1) USING THE PROPER DRILL BIT SIZE, DRILL A HOLE INTO THE BASE MATERIAL TO THE REQUIRED DEPTH. THE TOLERANCES OF THE DRILL BIT USED SHOULD MEET THE REQUIREMENTS OF ANSI STANDARD B212.15. 2) REMOVE DUST AND DEBRIS FROM HOLE DURING DRILLING (E.G. DUST EXTRACTOR, HOLLOW BIT) OR FOLLOWING DRILLING (E.G. SUCTION, FORCED AIR) TO EXTRACT LOOSE PARTICLES CREATED DURING DRILLING. 3) SELECT A TORQUE WRENCH OR POWERED IMPACT WRENCH AND DO NOT EXCEED THE MAXIMUM TORQUE, TiNsT MAX OR TiupAcTMAX RESPECTIVELY FOR THE SELECTED ANCHOR DIAMETER AND EMBEDMtNT. ATTACH AN APPROPRIATE SIZED HEX SOCKET/DRIVER TO THE IMPACT WRENCH. MOUNT THE SCREW ANCHOR HEAD INTO THE SOCKET. 4) DRIVE THE ANCHOR INTO THE HOLE UNTIL THE HEAD OF THE ANCHOR COMES INTO CONTACT WITH THE FIXTURE. THE ANCHOR MUST BE SNUG AFTER INSTALLATION. DO NOT SPIN THE HEX SOCKET OFF THE ANCHOR TO DISENGAGE. 85 7". 9". 11" do 12" PURLINS: 7" (AS SHOWN) and 9" PURLINS HAVE TWO —BOLT CONNECTIONS ON EACH END. 11" AND 12" PURLINS REQUIRE THREE —BOLT CONNECTIONS ON EACH END. ENDWALL JAMBS — ADDITIONAL BASE PLATE TO STIFFEN THE ENDWALL JAMBS, AN ADDITIONAL BASE PLATE SHOULD BE INSTALLED NEAR THE TOP, EXCEPTING JAMB ASSEMBLIES THAT ALREADY REQUIRE A SPECIFIC JAMB STIFFENER, SUCH AS THOSE WITH A WINDLOCK DOOR. USING SELF —DRILLING SCREWS, FASTEN DOOR BRACKET, DOOR JAMB, AND BASE PLATE AS SHOWN. AT LEAST ONE DOOR BRACKET FASTENER MUST CONNECT WITH THE BASE PLATE. LOCATE THE BASE PLATE ACCORDINGLY. ^ ^ ^ I I 0 0 I 1 ° I) l` - 5050020212 o o 0 0 0 o PURLIN o 0 0 o 0 0 (5050020212)-- a a :�I o o �o o 0 0 0 0 0 0 0 o a a 0 1. o o o 0 o o- o o- o o- o o DOOR4191 8 / ° 5955000462 C5955000362� — I\ -- ------(5050020112) — — C5955000362� — C595500046� \ _ / / C5050022218) 10 - / ��; -- Y zw -- 0 -- I C / ,—(5975000162) C5975000162 - (5970000162) ^ SIDEWALL 9 —(5050020212) (5050020212)--. —(5991000118) —(5991000518) —(5991000718) —(5991000518) (5991000118� ...._____--(5991000318) (5991000318)-- 6 // C2. 5050020112 / —(5050020212) 5050020212 ° ! ° ° I 3 -8 F.O. - 4 -0 F.O. / 4 -0 F.O. 4 -0 F.O. 4 -0 F.O. 4 -0 F.O. 4 -0 F.O. 3 -8 F.O. - 5'-0" 5'-0" 5'-0" 5'-0" 5'-0" 5'-0" 5'-0" 5'-0" 40'-0" 40' ENDWALL W/ 5-0 CLOSETS 1/4:12 PITCH (INTERIOR VIEW) DOOR SIDEWALL nt���c� ine 4 ai NOTE: TYP. 16" HEADERS SHOWN. WHEN 22" HEADERS ARE PRESENT MOUNT TO DOOR JAMB BY BOLTING THE TOP TWO HOLES AND TEK—SCREW THROUGH THE BOTTOM TWO PILOT HOLES. /® (JAMB CLIP) �HEADER� 760300 0 EW COLUMN) 76011O WRENCH HOLES - Ili EW COLUMN 6030..�� 0 �- o "' o EI , r.:° �•0 , .1I ° E7601103 760110 rgi DOOR JAMB 760300 � III @ORNER JAMB �o' PURLIN) / 0�0100 o/ —(DOOR JAMB76030000' 0DOOR JAMB o CLIP o DETAIL000NNECTION 760110 '`• " � /\ 760300 (760600 0 BASE PLATE Q 760110 y4 % �`Ir 760110 760300 :, 000NCRETE SCREW BASE PLATE (DOOR JAMB CORNER JAMB 8 MIDDLE CONNECTION OF CORNER JAMB DETAIL g BOTTOM CONNECTION OF CORNER DETAIL JAMB CONCRETE SCREW 01; CEW COLUMN COMM CEASE PLATE / (WRENCH HOLES - (HEADER) 6 BOTTOM OF DOOR JAMB CONNECTION DETAIL 4 TOP OF DOOR JAMB DETAIL (CORNER JAMB) HEADER TO CORNER JAMB CONNECTION NOTE: NON—WINDLOCK DOOR BRACKET SHOWN. SEE WINDLOCK DETAIL WHEN MOUNTING WINDLOCK DOORS 85 (BASE PLATE) DOOR JAMB * INCLUDED IN DOOR HARDWARE PACKAGE (5/16-18 x 1" BOLT)* {TEK—SCREW* 760300 760110 (EW COLUMN) DOOR BRACKET AND DOOR JAMB CONNECTION DETAIL (HEADER) CBASEPLATE) (DBL JAMB CLIP (DBL JAMB) (DBL JAMB CLIP (EW COLUMN) CBASEPLATE) ENDWALL CLOSET SECTION �PURLIN) (BASEPLATE) (DBL JAMB CLIP (BASEPLATE) DOOR JAMB SUB -ERECTION DETAIL rc vi.Diviv Date okIIIHININ0 \\\\\���oQ�pFESS IOM4�F,,,�i ;; SHAUN D. DECKER P24653 /111ninuo TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. <5><> 1 <> Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title END WALL ELEVATIONS Dote 2/6/24 Drawn by TSL Scale 1/2" = 1'-0" Plan No. P59526 Order No. Sheet No. C2. 1 Page 600 of 630 PART # INDEX PART # DESCRIPTION 478019200 16ga. strap bracing 16'-0" long 5900000116 16ga. SW span channel 5'-0" long 5900000216 16ga. SW span channel 10'-0" long 5987000018 18ga. PT. rake angle, 5' long 6000000316 16ga. typical purlin, 7" x 3" x 10'-0" 6001000316 16ga. starter purlin, 7" x 3" x 9'-8" 6002000316 16ga. endwall purlin, 7" x 3" x 10'-1.5" ED 07 5900000116) 07 5900000116 STRAP CROSS BRACING FASTEN STRAP WITH (4) #12 X 1.25" SELF DRILLING SCREWS, P/N 760602, AT EACH END. NOTE THE STRAPS MUST BE INSTALLED AFTER WALLS OR ROOF SECTIONS ARE SQUARED & PLUMBED. ALL STRAPS ARE TO BE INSTALLED SO THEY ARE STRAIGHT & TIGHT (UNDER TENSION). REFER TO ROOF PLAN OR FLOOR PLAN FOR EXACT LOCATION AND PLACEMENT OF ALL BRACING. EAVE SPAN CHANNEL WHEN INSTALLING THE EAVE SPAN CHANNELS START WITH A 5' CHANNEL FOLLOWED WITH 10' AND END WITH A 5' EAVE SPAN CHANNEL. CHANNELS WILL OVERLAP AT EACH END. SPAN CHANNELS SHOULD START AND END AT THE MIDPOINT OF A BAY WHENEVER POSSIBLE. SEE ROOF FRAMING PLAN TO DETERMINE WHICH P/N'S TO START & END WITH. INSTALL BOLTS TO SPAN CHANNELS THROUGH TOP TRACKS OR HEADERS 0 2'-0" OC. FIELD CUT EXCESS AT END OF RUN. PURUN ORIENTATION THE PURLINS ARE ORIENTATED AS SHOWN. THE WEBS OF THE PURLIN AND INTERIOR COLUMN WILL FALL ON THE STRUCTURAL LINE. THE OPEN CAVITY OF THE PURLIN AND INTERIOR COLUMN SHOULD FACE THE EAVE OF THE BUILDING r3 n n 19 v \ (5900000216) (5900000216) 1 / _y / 5987000018)/\ (6001000316) (6002000316) (6000000316) �6000000316) (6002000316) I I " / / \, i 03 478019200 / \ / / \ 5987000018 /6002000316) /, (6001000316 (6000000316) /�6000000316� (6002000316� , ' \ / \ , / 5987000018)/ (6002000316) 6001000316) (6000000316) 6000000316) (6002000316) r , '/ ' / \ — (5987000018) (6002000316) / �.(6001000316X t: �:(6000000316) ,/(600000031v t,(6002000316) \ / (6002000316) ;(6002000316) (;5987000018) r ,(6000000316) ,60000003166 ,. / / \ \ / \ (6001000316 5987000018 (6002000316) / 6001000316 (6000000316) / (6000000316) (6002000316) � \ / 8 r< x / .5987000018� (6002000316) (6001000316) (6000000316) �6000000316) (6002000316) r v / 7 )( / \ i \ / / \ \ / V / \ -(478019200) ,(5987000018) / \ 180'-0" 6 (5900000216) (5900000216) C3.0 C3.0 ROOF FRAMING PLAN FOR 8'-4" EAVE, 1/4:12 PITCH, MINI STORAGE BUILDINGS #1 & #2 NOTE: OPPOSITE SIDE MIRRORS THIS DETAIL NOTE: TYPICAL INTERIOR CONNECTION SHOWN, ENDWALL CONNECTION MIRRORS THIS DETAIL. (760602) 760602 (PURLIN)NOTE: SEE ROOF FRAMING PAGE FOR - CORRECT PURLIN ORIENTATION. 7soso2} (DOOR JAMB tructural ine ♦ (DOOR JAMB) RAKE ANGLE \ . 0OBOF STRAF) BRACING I 0‘1 4*7 FIELD CUT TO LENGTH RAKE ANGLE —(PURLIN (DOUBLE JAMB1 BASE PLATE JJ tr4 DOUBLE JAMB BASE PLATE (STRAP BRACING TO FIELD CUT LENGTH L' (PART. SUPPORT' ctural o RAKE CONNECTION ANGLE © tructuralNCB'Cructural —ine DOOR ine FIELD CUT RAKE ANGLE WHEN NECESSARY JAMB DETAIL (PART. SUPPORT ctural10 6 STRAP CONNECTION BRACING ' ine Line © DBL JAMB DETAIL �COLUMN� 0??G'ct4'/ tructural 8 STRAP BRACING CONNECTION ine © PURLIN ,5900000116) --(HOER) -(5900000116) /CC V/J/l//V Date \ 'R - -ESS IOrvq�F%,,�% ;r SHAUN D. �: 1 DECKER = P24653 • //////// la A \\\\\.\`��\�. ////ninuo�� TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. <>.°0 1 <>. Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title ROOF FRAMING PLAN BLDGS #1 & #2 Date 2/6/24 Drawn by TSL Scale 1/8" = 1'-0" Plan No. P59526 Order No. Sheet No. C3.0 Page 601 of 630 PART # INDEX PART # DESCRIPTION 5050020112 12ga. DBL. jamb, base plate 5050020212 12ga. CNR. jamb, base plate 5050022218 18ga. DBL. jamb clip 5050026___zee closure, 1" x 1" x 1" 521221 foam closure, 3'-7.5" 5950000118 18ga. PT. support jamb 5955000162 18ga. SW / EW header, 9'-0", CLBG 5955000262 18ga. SW / EW header, 8'-8', CLBG 5970000162 18ga. DBL. jamb, 8'-4', CLBG 5975000162 18ga. CNR jamb, false, 8'-4", CLBG 760600 #12 x 3/4" HWHSD screw PRIMARY CONCRETE ANCHOR INSTALLATION 07, 1) USING THE PROPER DRILL BIT SIZE, DRILL A HOLE INTO THE BASE MATERIAL TO THE REQUIRED DEPTH. THE TOLERANCES OF THE DRILL BIT USED SHOULD MEET THE REQUIREMENTS OF ANSI STANDARD B212.15. 2) REMOVE DUST AND DEBRIS FROM HOLE DURING DRILLING (E.G. DUST EXTRACTOR, HOLLOW BIT) OR FOLLOWING DRILLING (E.G. SUCTION, FORCED AIR) TO EXTRACT LOOSE PARTICLES CREATED DURING DRILLING. 3) SELECT A TORQUE WRENCH OR POWERED IMPACT WRENCH AND DO NOT EXCEED THE 20> MAXIMUM TORQUE, TINsr MAx OR TIMPACTMAX RESPECTIVELY FOR THE SELECTED ANCHOR DIAMETER AND EMBEDMtNT. ATTACH AN APPROPRIATE SIZED HEX SOCKET/DRIVER TO THE IMPACT WRENCH. MOUNT THE SCREW ANCHOR HEAD INTO THE SOCKET. 4) DRIVE THE ANCHOR INTO THE HOLE UNTIL THE HEAD OF THE ANCHOR COMES INTO CONTACT WITH THE FIXTURE. THE ANCHOR MUST BE SNUG AFTER INSTALLATION. DO NOT SPIN THE HEX SOCKET OFF THE ANCHOR TO DISENGAGE. STARTER BAY A STARTER BAY IS A BAY WHERE 2 ROWS OF COLUMNS FALL IN—BETWEEN THE 10' STRUCTURAL LINES OF THE FLOOR PLAN LAYOUT. TYPICAL 10' BAYS WILL ONLY HAVE ONE ROW OF COLUMNS WITHIN THE 10' STRUCTURAL LINES. THERE IS ALWAYS AT LEAST ONE 10' STARTER BAY. THERE MAY BE MORE THAN ONE IF YOUR BUILDING HAS CORRIDORS. THESE AREAS WILL BE MARKED AS A "STARTER BAY" ON THE FLOOR PLAN AND SIDE WALL PAGES. IT IS CRITICAL THAT THE STARTER BAY BE ERECTED CORRECTLY. EAVE SPAN CHANNEL WHEN INSTALLING THE EAVE SPAN CHANNELS START WITH A 5' CHANNEL FOLLOWED WITH 10' AND END WITH A 5' EAVE SPAN CHANNEL. CHANNELS WILL OVERLAP AT EACH END. SPAN CHANNELS SHOULD START AND END AT THE MIDPOINT OF A BAY WHENEVER POSSIBLE. SEE ROOF FRAMING PLAN TO DETERMINE WHICH P/N'S TO START & END WITH. INSTALL BOLTS TO SPAN CHANNELS THROUGH TOP TRACKS OR HEADERS 0 2'-0" OC. FIELD CUT EXCESS AT END OF RUN. PARTITION SUPPORT AT DOOR SIDEWALL DOOR SIDEWALL PARTITION SUPPORT IS NEEDED AT EVERY DOUBLE JAMB ALONG THE SIDEWALL. THE SIDE FLANGE OF THE SUPPORT WILL ALWAYS FALL ON THE STRUCTURAL LINE. THE SUPPORT WILL BE ON THE SAME SIDE OF THE STRUCTURAL LINE AS THE INTERIOR COLUMNS. SEE FLOOR PLAN FOR CORRECT ORIENTATION. - . I- °_ _° J . . LJ °_ LJ L- — -' rp 5050020112 L 5050020112 DOOR ENDWALL / _ —(5050020212) <5955000162) <5955000162) (5955000262> <5955000162) <5955000162) —(5955000262) / 1.0 9'-0" F.O.9'-0" F.O. 9'-0" F.O.8'-8' (5050022218) 1-.."(5050022218) /� (5050020212) I (-5975000162) (5970000162) C5970000162) 0975000162) \ 5950000118) 11 5950000118) 1> 9'-0" F.O. - 1.0 8'-8" F.O. F.O.1.0 - - 10 - - - - - - - 5050020212� C5050020112� 1' 5050020112 (5050020212 06 10'-0" SIDEWALL ELEVATION (INTERIOR VIEW) (TYP. SIDEWALL ELEVATIONS SHOWN. LENGTH MAY VARY) STARTER BAY 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" NOTE: ACTUAL ASSEMBLY MAY MIRROR Dtructural THIS DETAIL ne r NOTE: ACTUAL ASSEMBLY MAY MIRROR THIS 'nructurai DETAIL ine , NOTE: ACTUAL ASSEMBLY MAY MIRROR THIS DETAIL NOTE: TYP. 16" HEADERS SHOWN. WHEN 22" HEADERS ARE PRESENT 0300) MOUNT TO DOOR JAMB BY BOLTING THE TOP TWO HOLES AND TEK—SCREW THROUGH THE BOTTOM TWO PILOT HOLES. r0110 -.�.., EAVE SPAN �� ' CHANNEL 760300 0 ° 760110 0 liti \ 0 O p 0 0 ct ` .760300 SUPPORT, SW j 760300 DOOR JAMB ,EADER� :36AOls10is 141,111 760300„ CSUPPORT, SW�� ._ ° CCORNER JAMB 760110 NOTE: TEK SCREW IF BOLT HOLES ARE NO0 0 E PLATE �`'� ` 760110 AN OPTION (DOOR JAMB �� �� 760600 �' 0 {SUPPORT, SW) NOTE: HEADERS ARE DESIGNED TO BE A" ABOVE THE TOP ER THE DOUBLE JAMBS WHEN INSTALLED. CORNER JAMBS AND STARTER CONCRETE SCREW CONCRETE SCREW 01 JAMB CLIP C ® CORNER JAMB 1 6 BOTTOM OF CORNER JAMB CONNECTION DETAIL .� ,�760300 MIDDLE CONNECTION OF CORNER JAMB DETAIL 760110 10 BOTTOM OF DOOR JAMB CONNECTION DETAIL CORNER JAMB HEADER DOOR JAMB CLIP DETAIL (DOOR JAMB) JAMBS SHOULD LINE UP 1 8 HEADER CONNECTION TO CORNER JAMB TOP CONNECTION FLUSH WITH TOP OF HEADERS.. OF DOOR JAMB DETAIL NOTE: NON—WINDLOCK DOOR BRACKET SHOWN. SEE WINDLOCK DETAIL WHEN MOUNTING WINDLOCK DOORS NOTE: TYPICAL DOOR JAMB SHOWN. ALL OTHER DOOR JAMBS ARE SIMILAR 0 0 LI (DOOR JAMB) 0 (5/16-18 x 1" BOLT)* fTEK—SCREW* * INCLUDED IN DOOR HARDWARE PACKAGE DOOR BRACKET AND DOOR JAMB CONNECTION DETAIL (JAMB) NON —OPERATIONAL DOOR CURTAIN) (760609)— (521221)— (CLOSURE) DOOR CURTAIN TO JAMB & CLOSURE TO JAMB CONNECTIONS DOOR WIDTH DOOR ENDWALL (HEADER) (JAMB) NON —OPERATIONAL DOOR CURTAIN NON -OPERATIONAL DOOR CURTAIN INTERIOR VIEW (INSTALLATION ON SIDE WALL OR END WALL IS TYPICAL) DOUBLE JAMB BASE CUP (HEADER) DOUBLE JAMB) CUP SIDEWALL JAMB) SUPPORT DOOR JAMB) DOUBLE JAMB BASE CUP TYP. DOOR SW SECTION DOUBLE JAMB BASE CUP DOUBLE JAMB CLIP SIDEWALL JAMB SUPPORT DOOR JAMB DOUBLE JAMB BASE CUP DOOR JAMB SUB -ERECTION DETAIL DOOR ENDWALL /CC V/J/l//V Date owM i l u//i,o \ 'R' , -ESS IOrvq�F%,,�% ;r SHAUN D. �,�_ 1 DECKER P24653 • //////// la A \\\\\.\`��\�. ////ninut\� TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. <>.°0 1 <> Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title SIDEWALL ELEVATIONS Date 2/6/24 Drawn by TSL Scale 1/2" = 1'-0" Plan No. P59526 Order No. Sheet No. E1.O Page 602 of 630 HEIGHT VARIES (REFERENCE DIMENSIONS) PART # INDEX PART # DESCRIPTION 308211400 29ga. PT. panel, 9'-6" long 308211700 29ga. PT. panel, 9'-9" long 308223900 29ga. PT. panel, 19'-11" long 388011000 18ga. partition channel 9'-2" long INT COLUMN, <STR PURLIN (SEC COLUM) (NT COLUMN' • 1 (3082117000 I I I I ' 1 1 I 1 1 . ' I I I 1 1 • 1 I I 1 I 1 I I I 1 1H1 • L :___Lt______4 V I 1 1 1•I I . I •I I I I 1-1-1--1I I 1.• I I• 5'-0" 5'-0" 10'-0" tructural ine structural tructural ine ine STARTER BAY 10' LONGITUDINAL PARTITION WALL CCOLUMN) 0EW 111 0,a11:110N) l OVITION) l ! (76060 �76060 ST) or UPPOR \ ST UPPOR' C®SW � 101 en BLANK WALL COLUMN BLANK SIDEWALL or ENDWALL DOOR SIDEWALL or ENDWALL PARTITION PANEL EXTERIOR CONNECTION HEIGHT VARIES (REFERENCE DIMENSIONS) (NT COLUMN) -(PURLIN) (388011000) (SEC COLUM (NT COLUMN (308211700 • N 5'-0" 5'-0" 10'-0" 3 „ PART # DESCRIPTION WHERE USED 5950000218 support, bw/part. ® BLANK ENDWALL 5950001218 support, bw/part. (field cut) ® BLANK ENDWALL 5991000218 column, ew ® DOOR ENDWALL (NOTE: PART NUMBERS MAY VARY, SEE BILL OF MATERIAL) COLUMN OR JAMB SUPPORT OR COLUMN)l (308211400 (SEC COLUMN) (PURLIN) 5'-0" 5'-0" REF. TYP. 101-0" INT COLUMN) 388011000) tructural tructural tructural tructural tructural tructural ine ine ine ine ine ine 12 1/41 (308223900) (308223900 (30822390)- TYPICAL BAY ENDWALL BAY tructural ine LONGITUDINAL PARTITION PANELS 8-4 LOC. HEIGHT QTY 5' /EV 101.25" 3.0 10' /EV 102.5" 3.0 15' /EV 103.75" 3.0 20' /EV 105" 3.0 25' /EV 106.25" 3.0 30' /EV 107.5" 3.0 35' /EV 108.75" 3.0 40' /EV 110" 3.0 45' /EV 111.25 3.0 50' /EV 112.5 3.5 55' /EV 113.75 3.5 60' /EV 115 3.5 65' /EV 116.25 3.5 70' /EV 117.5 3.5 75' /EV 118.75 3.5 80' /EV 120 3.5 85' /EV 121.25 3.5 90' /EV 122.5 3.5 95' /EV 123.75 3.5 100' /EV 125 3.5 NOTE: SHOWN ABOVE IS THE REQUIRED SHEETS OF PARTITION PANEL FOR INSTALLATION (OVERLAPPING ONLY THE END RIB). YOU WILL COME UP SHORT PANEL IF YOU BACK LAP PANEL AT 1' SPACES. GALVALUME PANEL STRUCTURAL BEARING LEG 3'-0" COVERAGE REF. -RACHTE PARTITIO\ PA\EL PROFILE .1 I I I + -I- I- 1 II • II it •I'I 'I I' --•-.I I - I 'I II I. tl - II. I'I 1 •�'s II 11 , . II . 1 . 1 . II 11 . . 1. I.I 1. I II II II .I I.I 1.1 I.I . 1 I. II II I•I 1. .I . 11 I I.I . . .I . . II . .I I.I .I 1 1. . .I .I .I I.I . II .1 I. I"----------„_j_ .I 1.1 I.I I. I 1 I.I I.I II I.I II II . .1 I 1 1 I'I H 1 1 II II • •'1 • I 1.1 11 II •I I'I I'I 1• 1 J 1 'I 1.1 II 1 • I . I I . 1.1 .1 II. II II 1 J •I ••i •I•I •�• ••I ••i .I 11 •�•� I l 3 " 19'-11" PANEL LENGTH REF. TYP. 20'-0" REF. TRANSVERSE PANEL LAYOUT 8'-4" EAVE, 40' WIDE GABLE 24" REF. OVERLAP 40'-0' REF. _--(308223900) _-----(30822390, 308223900 PARTITION CHANNEL 8-4 FT/EV PART # QTY 5' /EV 388011000 1.0 10' /EV 388011000 1.0 15' /EV 388011000 1.0 20' /EV 388011000 1.0 25' /EV 388011000 1.0 30' /EV 388011000 1.0 35' /EV 388011000 1.0 40' /EV 388011000 1.0 45' /EV 388011000 1.0 50' /EV 388011000 1.0 55' /EV 388011000 1.0 60' /EV 388011000 1.0 65' /EV 388011000 1.0 70' /EV 388011000 1.0 75' /EV 388011000 1.0 NOTE: ABOVE IS THE REQUIRED PARTITION CHANNEL PART #'s AND QUANTITY AT EVERY FT / EV o o �� NOTE: WHEN CONSTRUCTING AN INTERIOR PANEL WALL IT MAY BE NECESSARY TO FLIP THE TOP PANEL. THIS WILL ALLOW THE LOAD BEARING LEG TO REST AGAINST THE RAKE ANGLE. WE DO NOT RECOMMEND ATTACHING TH PARTITION PANEL TO THE RAKE ANGLES. ° CPARTITION PANEL LONGITUDINAL PARTITION PANEL �TYPICAL� PURLIN „ " TARTERI PURLIN J INTERIOR COLUMN) NOTE: IN A TRANSVERSE STARTER BAY, „ 780600)- 760110 m 760110 '� (ENDWALL PURLIN " „LOAD BEARING LEG CHANNEL 760300..3 760300.3 .-- i,760600) SDTCH sc w 5 ' AT OVF%M DETAIL C 76060000LUMN C76030, COLUMN CECONDARY� JJ 0Eggr_18XD 760110 NOTE: SECONDARY COLUMNS ARE NOTE: SECONDARY COLUMNS ARE •l -- (mosoo) (PARTITION PANEL , IF INSULATED, 760600 ONE SIDE 710969 OTHER SIDE TRANSVERSE TELESCOPING AND CAN ADJUST (760600 TELESCOPING AND CAN ADJUST 760600�NT COLUMN) (STARTER PURLIN PANEL TO VARIOUS HEIGHTS. THEY ARE TO VARIOUS HEIGHTS. THEY ARE USUALLY LOCATED ON ONE SIDE RAL LINE. SEE OFLOOR _CONCRETE SCREW 29 go. GALVANIZED (LENGTH VARIES) USUALLY LOCATED ON ONE SIDE OF RAL LINE. SEE EPLANU �CONCRETE� SCREW (PAR oN ON PANED PARTITION CHANNEL @ / TYPICAL / PANEL TO BAY (BASE PLATE 0 REPLANU LOCATION ON THE NEEDS 760600 INSTALLED WHERE FOR CORRECT OF COLUMNS. THE TAB BOTTOM OF THE COLUMN TO BE FIELD BENT. A SCREW SHOULD BE IN EACH FLANGE THE COLUMNS LAP. SECONDARY CONNECTION uctural ine @ I `r,�( ��' TYPICAL COLUMN0 tructural Line tructural ine BAY FLOOR LOCATION ON NEEDS 760600 INSTALLED WHERE 000NNECTION THE FOR CORRECT OF COLUMNS. THE TAB BOTTOM OF THE COLUMN TO BE FIELD BENT. A SCREW SHOULD BE IN EACH FLANGE THE COLUMNS LAP. .< SECONDARY tructural ine @ I `�, �►r' STARTER COLUMN tructural amine tructural ine BAY \� tructural ine INTERIOR COLUMN @ STARTER I 'a. CONNECTION BAY BOTH ENDS OF THE 6060E LONGITUDINAL PARTITION WILL FASTEN TO COLUMNS. FOUNDATION a INTERIOR COLUMN 4 PARTITION COLUMN CONNECTION PANEL TO0 6 PARTITION PANEL FASTENING DETAIL ATTENTION: Partition wall panel lengths were determined with buldithe ngsl25'aorinmoeat lwill ha east e 2 panelsfrom tthatilaapalat aallinterior column line. The panels should overlap at least by 1". ITCV/JILIIV Date • 0\\11111111///// \ 'R , -ESS IOrvq�F%/. -, SHAUN D. \�: 1 DECKER P24653 • //''%,// 10W A \\\\\.\`��\�. ///1111111\1\\\ TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. <>.°0 1 <>. Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title INTERIOR PARTITION WALL DETAILS Date 2/6/24 Drawn by TSL Scale 1/2" = 1'-0" Plan No. P59526 Order No. - Sheet No. F1.O Page 603 of 630 PART # INDEX PART # DESCRIPTION 324619200 rake trim, EVGN, 16'-0" long 5045010046 26ga. eave trim (dsw), 10'-2", EVGN 779341 peak box, 1/4:12 & 1/2:12 pitch DOOR SIDEWALL (5045010046)— EAVE SPAN CHANNEL SAVE SPAN CHANNEL WHEN INSTALLING THE EAVE SPAN CHANNELS START WITH A 5' CHANNEL FOLLOWED WITH 10' AND END WITH A 5' EAVE SPAN CHANNEL. CHANNELS WILL OVERLAP AT EACH END. SPAN CHANNELS SHOULD START AND END AT THE MIDPOINT OF A BAY WHENEVER POSSIBLE. SEE ROOF FRAMING PLAN TO DETERMINE WHICH P/N'S TO START & END WITH. INSTALL BOLTS TO SPAN CHANNELS THROUGH TOP TRACKS OR HEADERS 0 2'-0" OC. FIELD CUT EXCESS AT END OF RUN. 5045010046 EAVE SPAN CHANNEL HEADER DOUBLE JAMB ROLL -UP DOOR HEADER CORNER JAMB ROLL -UP DOOR tructural ne DOOR FRAME SIDEWALL W/ DOOR ENDWALL ELEVATION (324619200) 779341) DOOR ENDWALL tructural ine 08 FIELD CUTTING PARTS PROVIDED FOR OUR BUILDINGS OFTEN NEED FIELD CUTTING. ALL FIELD CUTS SHOULD BE DONE WITH ACCURATE MEASUREMENTS AND QUALITY TOOLS TO ASSURE THAT GOOD APPEARANCE IS NOT COMPROMISED. OUR SILL TRIM OFTEN NEEDS TO BE NOTCHED FOR CLEARANCE OF BOLT HEADS OR OTHER OBSTRUCTIONS. LAP JOINTS SHOULD ALWAYS BE ARRANGED TO SHED WATER FROM OVERHEAD OR FROM THE PREVAILING WIND DIRECTION. GOOD QUALITY & ACCURATE FIELD CUTS WILL MINIMIZE THE AMOUNT OF CAULK NEEDED AND PROVIDE FOR A GOOD APPEARANCE. 900 E\DWALL *SEE DOOR ENDWALL ERECTION PAGE FOR ACTUAL LAYOUT L 40'-0" ructural LLine CLOSET ENDWALL PANEL DETAIL ELEVATION, 1/4" PITCH DOOR SIDEWALL g'nuttural e NOTE: SHOWN) IS FASTENED THE RAKE TEMPORARILY CONSIDERATION BE CLOSE FASTEN EAVE TRIM AS TO WHERE INSTALLED LATER. BACK SCREW THE GAPS. BE SURE TO WITH ROOF THE HIT THE 2-SCREWS. CLOSURES ; BOTTOM LIP PLACE SCREWS WITH AND FASTENERS WILL OF THE TRIM TO14 OF THE TRIM. *SCREW 6" O.C.(710881, ROOF OVERHANG AT -BUILDING WITH GUTTER: SEE GUTTER PAGE FOR —BUILDING WITHOUT GUTTER: TERMINATE END OF EAVE TRIM 1-1/2" BEYOND FACE OF EAVE TRIM,PANEL RAKE TRIM TERMINATION 4" TO 6" BEYOND FACE OF EAVE RACK TRIM AT THE END OF ROOF SHEET TRIM, *SOME COMPONENTS AND MATERIALS RAKE TRIM LAPPING: LAP TRIMS HEADERS NESTED * NOT SHOWN FOR CLARITY „ BY 1 TO 2 . ALL OVERLAPPING RAKE TRIM AS SHOWN: CONNECT TRIMS AND AT INTERIOR MOST EDGE ON TOP, JAMBS OR PANELS AT INSIDE UP -SLOPE TRIM. OQ� �� #12-14 X 3/4" COLOR -MATCHING SCREW OVERLAP NOTE: IF NEEDED, NOTCH OR ADAPTER TRIM MINIMIZE ROOF LEAKAGE AND NEEDED WHEN INSTALLING. OR SLIT END CAP FOR ROOF CLEARANCE. THIS WILL THE AMOUNT OF CAULK ► NOTCH AT RAKE TRIM RIDGE CAP (NOT TO THE ROOF UNDERNEATH TRIM WHEN NECESSARY. x 7/8" AC HEAD A ROOF 'ADAPTER TRIMM} 1) OVERLAP ADJACENT RAKE TRIMS 2) APPLY A BEAD OF CAULK BETWEEN 3) FASTEN TRIMS TOGETHER AT UNDERLYING ADAPTER TRIM, TRIMS WITH UNDERLYING DOWNWARD FLANGE. 4) DOWN -SLOPE TRIM MUST BE SCREW CO WITH RUTBBERGWASHER et :> RAKE TRIM Q�" coo ► p(I.` / ADAPTER TRIM RAKE TRIM *SCREW 6" 0.c. o s• 0 6 a 6 #12 x 1.25 " CZAC HEADROOF RAKE TRIM C = x 3/4"SURFACES. AC HEAD ROOF PANEL (RAKE TRIM PANEL<#14 J 1411401 111),),1%iitot CAULK TAPE)(CUT TO LENGTH)�{RAKEANGLE/ INSIDE ROOF CLOSURE (REFER TO ROOF PAGE) i SSROOF�0AND N NOTCH *SCREW 1' o.c. ROOF SHEET i 1111 CAP �760600} -', RAKE TRIM _CRAKE END CAP 2-PEGS 1 ; _, �l!12 X 3/4" CSCREW } END EAVE SPAN CHANNEL �760600) BACK SCREW 3'-0" O.C. DOOR SIDEWAL� *EAVE TRIM PEAK BOX SIDEWALL/EAVE HEADER *NOTE: EAVE TRIM TELESCOPES WITH THEAFTEND(#12 OPENING BEING THE LARGER SIZE. INSTALL LEFT TO RIGHT. e' x .75" � SCREW } TRIM DETAIL ' PEAK CONNECTION 0 (EAVE TRIM) BOX DETAILS HEADER TRIM AND RAKE TRIM CONNECTION DETAIL ABOVE HEADER DETAIL 4 DOOR 6 CONNECTION RAKE TRIM CONNECTION EAVE 29 rc vi.Diviv Date okIIIHININ0 \ 'R , -ESS IOM4�F,,,„ ;; SHAUN D. = DECKER P24653 /111nniuo TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. <5><> 1 <> Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title EXTERIOR PANEL PAGE Date 2/6/24 Drawn by TSL Scale 1/2" = 1'-0" Plan No. P59526 Order No. Sheet No. F2.O Page 604 of 630 PART # INDEX PART # DESCRIPTION 5920019982 26ga. adapter trim, 16'-0" long 710881 Tri—Bead Tape Sealer 710892 Minor Rib Tape Sealer 710911 Metal Inside Closure 710933 fixed utility clip 710969 #12-14 x 1.25" Hex head screw 710977 #12 x 1.25" SDWW (zac) screw, GALVM 71194_ Rake Support Angle, length varies 760600 #12 x 3/4" HWHSD screw 766000 1.5" o.d. fender washer INSULATION FLAME AND SMOKE RATING THE COMPOSITE OF FIBERGLASS AND FACING SHALL HAVE SURFACE BURNING CHARACTERISTICS NOT TO EXCEED 25 FLAME SPREAD AND 50 SMOKE WHEN TESTED IN ACCORDANCE WITH UNDERWRITERS LABORATORIES 723 TEST METHOD OR ASTM E-84 TEST METHOD. INSULATION BY OTHERS TO MEET OR EXCEED THESE REQUIREMENTS. RAKE ANGLE / ADAPTER TRIM PLACE ACROSS END WALL FRAMING WITH VERTICAL LEG FLUSH WITH STRUCTURAL LINE. INSTALL 3" LEG VERTICAL. NOTE THAT RAKE ANGLE AND ADAPTER TRIM ARE NOT TO EXTEND BEYOND THE STRUCTURAL EAVE LINE OF THE BUILDING. INSIDE CLOSURE FIELD CUT CLOSURE AT STRUCTURAL LINE IF END WALL HAS CLOSETS. CUT CLOSURE TO EXTEND 1 14" PAST STRUCTURAL LINE IF END WALL IS A —PANEL. ROOF CLIP POSITION THE CLIP AT EACH PURLIN. ROTATE THE CLIP ON THE MALE LIP UNTIL VERTICAL. IT IS IMPORTANT THAT THE CLIPS PROJECTING LEDGE FITS SNUGLY UNDER THE PANEL'S HORIZONTAL LEG AS SHOWN. FASTEN TO PURLIN. THE PANEL CLIP HAS FACTORY APPLIED SEALANT IN THE UPPER LIP. IF A CLIP MUST BE REMOVED, A NEW CLIP MUST BE USED OR GUN —GRADE SEALANT INSTALLED IN THE UPPER LIP. INSULATION INSTALLATION IT IS THE RESPONSIBILITY OF THE ERECTOR TO INSTALL THE INSULATION WITH CONSIDERATION THAT ALL VOIDS IN AN INSULATED WALL NEED TO BE FILLED WITH INSULATION. CARE SHOULD BE TAKEN TO ASSURE THAT EXTERIOR AIR INFILTRATION TO THE INTERIOR OF THE BUILDING IS MINIMIZED. LIGHT SHOULD NOT BE VISIBLE THROUGH CRACKS AND CREVICES. CAULK OR OTHER REMEDIES TO THESE SITUATIONS IS NOT SUPPLIED BY TRACHTE AND IS TO BE USED AND SUPPLIED AT THE DISCRETION OF THE ERECTOR AND/OR OWNER. YOU MUST INSTALL THE INSULATION WITH THE VAPOR BARRIER TO THE CLIMATE CONTROLLED SIDE OF THE WALL & ROOF (INTERIOR). RAKE TRIM ADAPTER WHEN ATTACHING RAKE ANGLE TRIM ADAPTOR STOP A BIT BACK FROM STRUCTURAL EAVE LINE, SNIP END TO FORM TABS THEN FOLD OVER TABS TO CLOSE END OPENING. LAY FEMALE LIP OF PANEL OVER RAKE SUPPORT ANGLE. SECURE FEMALE UP TO RAKE SUPPORT ANGLE WITH CLAMP OR TEMPORARY FASTENERS. PANEL WILL NOT BE FASTENED PERMANENTLY TO RAKE SUPPORT ANGLE UNTIL ADAPTER TRIM IS INSTALLED. (71194_ 28 t/I /tr t-e �c the t4q *710892 NOT REQUIRED UNDER MINOR RIBS AT HIGH EAVE OF LEAN-TO WITH HIGH EAVE TRIM AND (710892) OUTSIDE CLOSURES* SSR PANEL OVERHANG AT EAVE - BUILDING WITH GUTTER: 1-1/2" TO 2-1/4" BEYOND FACE OF EAVE TRIM - BUILDING WITHOUT GUTTER: 5" TO 6" BEYOND FACE OF EAVE TRIM 710892) 710881) 710911) 710881) (EAVE TRIM FIRST PANEL INSTALLATION FASTEN METAL INSIDE CLOSURE TO EAVE W/ (2) #12-14 x 1 1/4" HEX HEAD SELF -DRILLING FASTENERS (#710969) *TAPE SEALER NOT SHOWN FOR CLARITY* -(710977) (SSR PANEL)- 1 2 8 7 6 5 43, (EAVE TRIM) - CLOSURE (TYP) - ATTACH PANELS TO EAVE AND INSIDE CLOSURES AT THESE (8) LOCATIONS USING #12-14 x 1 1/4" ZAC® HEX HEAD SELF -DRILLING FASTENERS - FASTENERS MUST PENETRATE TRI-BEAD TAPE SEALER, INSIDE CLOSURES, EAVE TRIM AND UNDERLYING EAVE SPAN CHANNEL - IT IS ESSENTIAL THAT NOMINAL PANEL WIDTH IS MAINTAINED AT EAVE, WITH PROPER INSTALLATION OF INSIDE CLOSURES AND BY INSTAWNG FASTENERS IN PROPER SEQUENCE EAVE FASTENER SEQUENCE NSIDE CLOSURE (TYP) APPLY SEALANT DIRECTLY INTO SSR MALE: FEMALE CONNECTION CAULK UNDER SSR PANEL USE A 2" x 2" CUT TO 23 3/4" LONG AS A SPACER TO HOLD 24" CENTERUNES FROM PANEL TO PANEL (AT FASTENING LOCATIONS) (OR 18" 0.C. DEPENDENT ON SHEET WIDTH) RAKE SUPPORT 710933) NOT REQ'D 0 ENDS, STEPS, OR EAVES (710969) 2 PER CUP TRI-BEAD TAPE SEALER PROTECTIVE PAPER .)11 gt. MALE FEMALE CORRECT INCORRECT PLACE TRI-BEAD TAPE SEALER OVER ENTIRE WIDTH OF PANEL. REMOVE PROTECTIVE PAPER. CAUTION: FORCING TAPE SEALER BACK INTO CORNERS WILL LESSEN THICKNESS OF TAPE SEALER WHERE IT IS NEEDED MOST. TRI-BEAD TAPE SEALER APPLICATION NOTE: DO NOT EXTEND RAKE ANGLE OR ADAPTER TRIM BEYOND STRUCTURAL UNE. ROOF PANEL IS NOT TO BE CUT OUT AS SHOWN. PANEL IS ONLY CUT AWAY TO SHOW PARTS UNDER IT. 5920019982 *71194_) 8 INSIDE CLOSURE) (BIRD STOP CUT TO FORM AROUND THE TRIM (CORNER TRIM) (STARTER JAMB NOTE: HEADER & JAMB SIDEWALL IS SHOWN. SIDEWALL MAY BE A -PANEL. {SIDE WALL HEADER STANDING SEAM ROOF & RAKE TRIM DETAIL SSR PANEL) 710881 (710892) APPLY TRI-BEAD TAPE SEALER TO MALE LEG OF SSR PANEL DIRECTLY OVER INSIDE CLOSURE -ONSIDE CLOSURE) TAPE SEALER AT NOTCH (ENDWALL PURUN) iq 5 (PLACE ACROSS END WALL FRAMING AND FASTEN TO PURUN SPAN CUPS w/(2) SELF DRIWNG SCREWS #710969, VERTICAL LEG FLUSH w/ STRUC. UNE) INSTALL 3" LEG VERTICAL TEMPORARILY FASTEN THE LAST PANEL WITH A FASTENER OR VISE -GRIPS. THE PANEL WILL BE ATTACHED PERMANENTLY WHEN THE RAKE TRIM AND ADAPTER TRIM ARE INSTALLED. TERMINATION PANEL 2'-0" 2'-0" McELROY STANDING SEAM (NOMINAL) I ROOF PANELS 24 ga. 1'-6" (NOMINAL) e) 1'-6" McELROY STANDING SEAM ROOF PANELS 24 ga. SEAMING NOTE: VISUALLY CHECK TO SEE THAT THE -(SSR TOOL) SEAMS HAVE SNAPPED THE ENTIRE LENGTH OF PANEL. WHEN ASSEMBLED J CORRECTLY, THE SEAM WILL LOCK TOGETHER WITH REASONABLE PRESSURE APPLIED WITH HAND OR FOOT. HOWEVER, IF A PROBLEM IS ENCOUNTERED IN FULLY SNAPPING THE SEAMS TOGETHER, SUCH AS AN INCORRECTLY INSTALLED CUP, DAMAGED PANEL LIP, OR A BUBBLE CAUSED BY FAULTY ASSEMBLY, A SHAPING TOOL IS RECOMMENDED THAT SHOULD ENABLE THE SEAM TO BE LOCKED WITH A MINIMUM EFFORT. STANDING SEAM ROOF PROFILES (412-14x1.25" ZAC HEAD)- , (STANDING SEAM ROOF PANEL) BELOW CLOSURE ONLY OVER CLOSURE & ENTIRE EAVE (EAVE SPAN ANGLE (HEADER )— SIDEWALL W/ DOORS -(710969) 2 PER FOLD EXCESS FLAP OVER ROOF INSULATION W/VAPOR BARRIER INSTALLED TO INTERIOR OF BUILDING 20 ROOF INSULATION w/SS-ROOF DO NOT WALK ON THE MINOR RIBS. WALKING ON THE MINOR RIBS MAY RESULT IN PERMANENT DAMAGE TO THE ROOF PANEL. DAMAGE MAY INCLUDE ROOF LEAKS, STANDING WATER, OR AESTHETIC DAMAGE. DO NOT, UNDER ANY CIRCUMSTANCES, STEP ON THE PANEL AT THE PANEL ENDS UNTIL THE PANEL IS FULLY ATTACHED. THE ROOF PANEL MAY NOT SUPPORT THE WEIGHT OF A PERSON AT THESE LOCATIONS. IF THE PANEL MUST BE WALKED ON, PROTECT IT WITH 2x12 PLANKS THAT SPAN ACROSS A MINIMUM OF 3 PURUNS. THESE PLANKS WILL HELP TO DISTRIBUTE THE LOAD, BUT PANEL DAMAGE MAY STILL OCCUR IF THE LOADS OR FREQUENCY OF TRAVEL ARE EXCESSIVE. THE ROOF SHOULD BE SWEPT CLEAN OF DRILL SHAVINGS AT THE END OF EACH WORK DAY. FAILURE TO DO SO MAY RESULT IN RUST SPOTS. SSR PANEL (TYP.)) APPLY ONE HALF OF MINOR RIB TAPE SEALER AT EACH OF THESE LOCATIONS TO COMPLETE SEAL AT EAVE. (710892)— (710881 CUT MINOR RIB TAPE SEALER IN HALF WIDTH -WISE AND APPLY ONE HALF TO UNDERSIDE OF EVERY MINOR RIB OF SSR PANELS, POSITIONED TO CROSS TRI-BEAD TAPE SEALER AT EAVE; NOT REQUIRED AT HIGH EAVE OF LEAN-TO WITH HIGH EAVE TRIM AND OUTSIDE CLOSURES. APPLY TRI-BEAD TAPE SEALER ON TOP AND SIDES OF EACH INSIDE CLOSURE TO COMPLETE SEAL AT EAVE. APPLY TRI-BEAD TAPE SEALER CONTINUOUSLY ACROSS TOP OF EAVE TRIM, POSITIONED TO CONTACT UNDERSIDE OF INSIDE CLOSURES AND TRI-BEAD TAPE SEALER APPLIED OVER INSIDE CLOSURES. TAPE SEALER APPLICATION AT EAVE 710881 12-14x1.25" ZAC HEAD) -(710911) (710881)BELOW CLOSURE ONLY (710881)OVER CLOSURE & ENTIRE EAVE (EAVE TRIM) _ BLANK SIDEWALL (710881) 5,(5920019982 8 INSIDE CLOSURE (RAKE ANGLE)' * LOWER RAKE ANGLE IS NOT NEEDED ON 1/4:12 PITCH BUILDING W/ ENDWALL DOORS OPTION: SEAMS STAPLED TOGETHER (STAPLE AS CLOSE TO BOTTOM AS POSIBLE) 2'-0" STANDING SEAM ROOF PANEL 24 GA. 25 (711940� (RAKE ANGLE STARTING END (OR RESTART 0 BOTTOM OF ROOF STEP) �12-14x1.25" ZAC HEAD) SEE EAVE FASTENER PATTERN DETAIL ROOF PANEL) APPLY A CONTINUOUS UNE OVER EACH INSIDE CLOSURE FOR THE ENTIRE EAVE UNE ALONG EAVE SPAN ANGLE -(HEADER or CHANNEL) EAVE SPAN ANGLE) COLUMN and/or JAMB) (CONFIRM CPLU) POSITION unectuoI R LA EAVE TRIM & INSULATION NOT SHOWN FOR CLARITY. EAVE TRIM MUST BE IN PLACE BEFORE CLOSURES ARE INSTALLED. OPTION: SEAMS OVERLAPPED or DOOR ENDWALL & STANDING SEAM ROOF DETAIL AT EAVE (710933) #112-14 X 1-1/4" SCREW 2 PER CUP ROOF INSULATION -VAPOR BARRIER '2' tructurcl ine 6'-0" ROLL ENDWALL PURUN 6'-0" ROLL ROOF PANEL & R-2 INSULATION LAYOUT/LAP DETAIL *SOME COMPONENTS AND MATERIALS NOT SHOWN FOR CLARITY* RAKE TRIM LAPPING: 1) OVERLAP ADJACENT RAKE TRIMS BY 1" TO 2". 2) APPLY A BEAD OF CAULK BETWEEN ALL OVERLAPPING RAKE TRIM SURFACES. 3) FASTEN TRIMS TOGETHER AT LAP AS SHOWN: CONNECT TRIMS AND UNDERLYING ADAPTER TRIM, TRIMS AT INTERIOR MOST EDGE ON TOP, AND TRIMS WITH UNDERLYING HEADERS/JAMBS OR PANELS AT DOWNWARD FLANGE. 4) DOWN —SLOPE TRIM MUST BE NESTED INSIDE UP —SLOPE TRIM. COLOR —MATCHING SCREW WITH RUBBER WASHER RAKE TRIM ADAPTER TRIM / #12-14 X 3/4" COLOR -MATCHING SCREW RAKE TRIM OVERLAP RAKE ANGLE IS NOT REQIRED ON 112 PITCH BUILDINGS. RAKE TRIM & GABLE PANEL NOT SHOWN FOR CLARITY. (5920019982) 412-14x1.25" ZAC HEAD) PANEL) -(710933) DOOR ENDWALL & STANDING SEAM ROOF DETAIL AT PURLIN & JAMB SSR PANEL OVERHANG AT EAVE (1/4:12 & 1/2:12 PITCHES) "11111717111y1411\ REVISION Date owIIIIIIII///,� �oQ�pFESS IO,v47'i,.% ;; SHAUN D. 1 DECKER = P24653 //////// 10W A \\\\\.\.\�. o/111111111111I TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. <><><> 1 <> Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title STANDING SEAM ROOF Date 2/6/24 Drawn by TSL Scale N.T.S. Plan No. P59526 Order No. Sheet No. G1.O Page 605 of 630 PART # INDEX PART # DESCRIPTION 5920010146 26ga. gutter, sculpted, EVGN 5920010246 26ga. gutter, endcap, LH, EVGN 5920010346 26ga. gutter, endcap, RH, EVGN 5920010582 26ga. trim, hanger, gutter, GALV 5920112362 26ga. gutter,downspout strap 4" x 6", CLBG 5920134262 26ga. downspout assembly, 4" x 6", CLBG, 8'4 EAVE 6051050390 10.1 oz. tube metal roof sealant �5920010582 5920010146 08 FIELD CUTTING PARTS PROVIDED FOR OUR BUILDINGS OFTEN NEED FIELD CUTTING. ALL FIELD CUTS SHOULD BE DONE WITH ACCURATE MEASUREMENTS AND QUALITY TOOLS TO ASSURE THAT GOOD APPEARANCE IS NOT COMPROMISED. OUR SILL TRIM OFTEN NEEDS TO BE NOTCHED FOR CLEARANCE OF BOLT HEADS OR OTHER OBSTRUCTIONS. LAP JOINTS SHOULD ALWAYS BE ARRANGED TO SHED WATER FROM OVERHEAD OR FROM THE PREVAILING WIND DIRECTION. GOOD QUALITY & ACCURATE FIELD CUTS WILL MINIMIZE THE AMOUNT OF CAULK NEEDED AND PROVIDE FOR A GOOD APPEARANCE. GUTTER CAULKING DIRECTIONS AND LOCATIONS APPLY CAULK AT GUTTER JOINTS BEFORE ASSEMBLY AND APPLY A SECOND BEAD OF CAULK AFTER GUTTER IS ASSEMBLED. DOWN SPOUT SPACING & LOCATIONS DOWN SPOUTS ARE TYPICALLY LOCATED 40' O.C. (MAX). SEE FLOOR PLAN FOR ACTUAL LOCATIONS. HEADER 5920134262 (5920112362 ROLL -UP DOOR (5920112362 HEADER DOUBLE JAMB ROLL -UP DOOR tructural ine DOOR FRAME SIDEWALL WITH GUTTER {FIELD DRILL & RIVET) 3 SIDES - FIELD BEND TABS DOWN 90'. TABS LAP INSIDE OF DOWNSPOUT. (DOWNSPOUT) DOWNSPOUT DROP AND GUTTER CONNECTION INSTALL RIVETED DOWNSPOUT SEAM TO BUILDING SIDE #14 X 7/8" SCREW GUTTER HANGER) W/EPDM WASHERS ® 2' O.C. YES GUTTER} SS -ROOF PANEL) FASTENERS SHOULD BE INSTALLED ON "OPEN" LAP INSIDE TABS- OF DOWNSPOUT. 14 X 7/8" SCREW GUTTER BOTTOM> � 6" - OPTIONAL STARTER HOLE TO CUT TABS SIDE OF SEAM. (GUTTER HANGER) �1 /j� RIVET (JAMBS/PANEL) 3 SIDES. (EAVE TRIM 4 1/2" REF. T 4" IF �� � J - - �I - ' (DOWNSPOUT DOOR JAMB ANGLE TOWARD {ORA -PANEL) r r BLDG. (DOWNSPOUT DOWNSPOUT STRAP) STRAP} -(SSR PANEL) " REF. DOWNSPOUT L APPLY SEALANT AROUND CORNERS TO CREATE TABS, FIELD CUT AT LOCATIONS OF DASHED LINES AT LOCATIONS OF SOLID LINES, BEND TABS DOWNWARD 90' DROP HOLE � ONE AT MID OF DOWNSPOUT. AT �_ )` (FIELD DRILL & RIVET) ONE OO BOTTOM 10"1/4 r z 6" (DOWNSPOUT) RIVET 10" REF. Aco DOWNSPOUT CONNECTION AND STRAP 4 PER STRAP GROUND FIELD CUT TO DESIRED tructural Le- FROM TOP HEIGHT o -- -- -- ---GROUND GUTTER DETAIL9 SS ROOF STANDING SEAM ROOF GUTTER HANGER SECU REM EN T PRIOR TO INSTALLING GUTTER � �� AS A LAP ROOF SEALANT EXCESSJ FLOW OF CLEAR REMOVE REAR IF NEEDED ROOF I TAB TOSTANDING PANEL. OPTION 1 SEE OWNER FOR PREFERRED OPTION. OPTION 2 SEE OWNER FOR PREFERRED OPTION. * �' SEAM ROOF (STANDING SEAM ROOF#14 (W/EPDM x 7/8" SCREW WASHERS r /® 8� r. 0 6 % % IIIIIII� � � Ii�gllll�i� Illlllllllulllllu „� IIIIIII�� w II IIIIII Illi , REMOVE 44> II FLANGE HAND FORMED EDGE (GUTTER (option 2) (KNIT) (GUTTER HANGER) 4 PLCS. MIN. APPLY SEALANT AT RIVET LOCATIONS 5 PLCS. MIN. APPLY SEALANT AT RIVET LOCATIONS 2' O.C. BEFORE INSTALLING GUTTER. OPTION 1 CREATES A 1/8" BEAD OF SILICONE BASED RTV CAULK ALONG THE ENTIRE UNDERSIDE EDGE OF THE ROOF PANEL TO PREVENT WATER FROM RUNNING UP THE PANEL (DO NOT USE BUTYL CAULK or ROOF SEALANT HERE). IN LIEU OF THIS A 1/8" TO 1 /4 30' BEND BE HAND FORMED ON THE LOW EDGE WITH SEAMING PLIERS TO CREATE A DRIP EDGE. TAKE CARE TO OBTAIN A GOOD APPEARENCE WHEN CHOOSING THIS PREFERRED METHOD. REQUIRED DRIP EDGE ON ROOF PANEL © GUTTER ONLY 5920010246 #14 x 7/8" SCREW W/EPDM WASHERS eUTTER W/END14 AP INSTALLED) 5920010346 (GUTTER- (6051050390� TABS LAP INSIDE OF GUTTER. DETAIL 127 6051050390)-#14 SEAM/LAP DETAIL X 7/8" SCREW SEALANT GUTTER SEALANT ONLY GUTTER ENDCAP (CAP PDM WASHERSCAN (GUTTER HANGER) ALLD)W INSTALLED (RAKE 2' O.C. GUTTER AND RAKE TRIM CONNECTION DETAIL GUTTER AND RAKE TRIM CONNECTION DETAIL ITC V/3/U/V Date owIliNtwo \ 'R , -ESS IOrvq�F%,,�% ;r SHAUN D. �: DECKER P24653 TRACHTE BUILDING SYSTEMS, Inc. This drawing and all parts thereof is the exclusive property of Trachte Building Systems, Inc. 314 Wilburn Road, Sun Prairie, Wisconsin (800/356-5824) (Local 608/837-7899) and may not be reproduced in whole or part without written permission. <>.°0 1 <> Job Description JEFF SHORT CEDAR VALLEY SECURE STORAGE 1300 WEST AIRLINE HWY. WATERLOO, IA Sheet Title GUTTER PAGE Date 2/6/24 Drawn by TSL Scale 1/2" = 1'-0" Plan No. P59526 Order No. --- Sheet No. J1.o Page 606 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with HDR Engineering, Inc., of Omaha, Nebraska, in the amount of $7,788.00, in conjunction with the Roundabout Traffic Analysis for Hammond Avenue and E. Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Resolution SUMMARY STATEMENT AND BACKGROUND INFORMATION This study will determine how intersection capacity will be impacted and how traffic delays will be affected by the roundabout. NEIGHBORHOOD IMPACT Roundabout is expected to improve traffic flow, reduce noise, and air pollution DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Road Use Tax, department budget. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 607 of 630 ATTACHMENTS 1. Ridgeway_Hammond_Traffic Analysis Agreement Page 608 of 630 PROFESSIONAL SERVICES AGREEMENT ROUNDABOUT CAPACITY ANALYSIS: HAMMOND AVENUE AND E RIDGEWAY AVENUE THIS AGREEMENT is made as of this day of 2024, between City of Waterloo ("OWNER"), and HDR ENGINEERING, INC., ("ENGINEER" or "CONSULTANT") for services in connection with the project known as Roundabout Capacity Analysis: Hammond Avenue and E Ridgeway Avenue ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The HDR Engineering, Inc. Terms and Conditions, which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." The OWNER shall name an individual (Project Manager) with full authority to manage this Agreement on OWNER's behalf. The Project Manager for this agreement is Mohammad Elahi, Traffic Engineer. SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of Time and Materials with actual labor hours at the rates included in Exhibit A, to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expenses, estimated to be $7,080.00 and a contingency amount of $708.00 but the total Agreement for Professional Services 1 1/2020 Page 609 of 630 including contingency not to exceed $7,788.00. The labor rates are the direct ENGINEER'S employee pay rate multiplied by a factor to cover overhead costs. The OWNER shall provide tax exempt certificate to the ENGINEER so that material and services can be procured by ENGINEER free of tax in the course of fulfilling ENGINEER's obligations under this Agreement. Compensation terms are defined as follows: Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, technology charges, telephone, telex, shipping and express, and other incurred expense. Contingency amount shall only be utilized by prior written request of the ENGINEER and approval of the Project Manager. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services within the time period described in Exhibit A. Agreement time may be extended by Project Manager. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. Agreement for Professional Services 2 1/2020 Page 610 of 630 SECTION VI. SPECIAL PROVISIONS IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of Waterloo "OWNER" BY: NAME: Quentin Hart TITLE: Mayor ADDRESS: 715 Mulberry Street Waterloo, Iowa 50703 HDR ENGINEERING, INC. "ENGINEER" BY: NAME: Matthew B Tondl TITLE: Senior Vice President ADDRESS: 1917 S. 67th Street Omaha, Nebraska 68106 Agreement for Professional Services 3 1 /2020 Page 611 of 630 EXHIBIT A SCOPE OF SERVICES Page 612 of 630 SCOPE OF SERVICES ROUNDABOUT CAPACITY ANALYSIS: HAMMOND AVENUE AND E RIDGEWAY AVENUE CITY OF WATERLOO This document outlines the services that HDR will perform for the City of Waterloo (City) for the roundabout capacity analysis at the intersection of Hammond Avenue and E Ridgeway Avenue. Approximate period of performance is February through March 2024. These are subject to change at the direction of the City. Task 1: Project Management Project management incudes: • Regular coordination between HDR project manager and the City • Staff coordination • Maintain project schedule and budget • Provide monthly progress reports and invoices • Up to 2 conference calls for one HDR staff member with the City • QA/QC of deliverables Task 2: Data Collection and Analysis HDR will coordinate with a data collection vendor (Iowa -Counts) to collect a 12-hour intersection turning movement count for the intersection of Hammond Avenue and E Ridgeway Avenue. Traffic counts will be collected for the following time periods in 15-minute intervals: • 7am-7pm on a Tuesday, Wednesday, or Thursday when schools are in session HDR will develop traffic volume sets and perform traffic capacity analysis for the AM, Midday, and PM peak hours of the scenarios listed below. Development of traffic volumes will include review of the regional travel demand model to forecast future year volumes. Traffic analysis of existing and No -Build conditions will be completed with Synchro to report delay, level of service (LOS) and queue information. SIDRA will be used to complete the traffic analysis of the roundabout (Build conditions). • Existing conditions (year 2024) • Opening year (year 2026) Build • 2050 No -Build • 2050 Build Task 3: Conclusions HDR will prepare a memorandum that summarizes the findings of the traffic analysis and provides recommendations on stop -control vs. roundabout traffic control, lane configurations and turn lane storage lengths. Draft and final memorandum will be provided electronically in PDF format. One round of comments on the draft memorandum will be incorporated into the final memorandum. Page 613 of 630 FEE SCHEDULE I. Classification 2024 Billing Rate $220 Senior Traffic Engineer (QA/QC) Traffic Engineer (Project Manager) $185 Traffic Engr/EIT (Traffic Forecasting, Modeling and Crash Review) $105 Senior Transportation Planner (Traffic Forecasting, Multimodal Review) $140 Controller (Project Administration) $165 Page 614 of 630 EXHIBIT B TERMS AND CONDITIONS Page 615 of 630 HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 2. INSURANCE/INDEMNITY ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. If flying an Unmanned Aerial System (UAS or drone), ENGINEER will procure and maintain aircraft unmanned aerial systems insurance of $1,000,000 per occurrence. OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for third party personal injury and property damage claims to the extent caused by ENGINEER's negligent acts, errors or omissions. However, neither Party to this Agreement shall be liable to the other Party for any special, incidental, indirect, or consequential damages (including but not limited to loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; and/or fines or penalties), loss of profits or revenue arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, errors or omissions, strict liability or breach of contract. The employees of both parties are intended third party beneficiaries of this waiver of consequential damages. 3. OPINIONS OF PROBABLE COST Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services fumished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER -furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will fumish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER -furnished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attorney, insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS, ASSIGNS AND BENEFICIARIES OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. No third party beneficiaries are intended under this Agreement. 8. RE -USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. None of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attomey's fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further 1 (5/2023) Page 616 of 630 compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice to the other party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make payments to ENGINEER within thirty (30) days of OWNER's receipt of ENGINEER's invoice. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1 %) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within thirty (30) days from the date OWNER receives ENGINEER's invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice -to -proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity for individuals based on color, religion, sex, or national origin, or disabled veteran, recently separated veteran, other protected veteran and armed forces service medal veteran status, disabilities under provisions of executive order 11246, and other employment, statutes and regulations, as stated in Title 41 Part 60 of the Code of Federal Regulations § 60-1.4 (a-f), § 60-300.5 (a-e), § 60-741 (a-e). 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented Terms & Conditions for Professional Services 2 (5/2023) Page 617 of 630 or modified only by a written instrument duly executed by the parties. 17. ALLOCATION OF RISK OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING ENGINEER'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS, SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ENGINEER (AND ITS RELATED CORPORATIONS, SUBCONSULTANTS AND EMPLOYEES) TO OWNER AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE LESSER OF $1,000,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF ENGINEER'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. ENGINEER'S AND SUBCONSULTANTS' EMPLOYEES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS ALLOCATION OF RISK. 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 19. NO THIRD PARTY BENEFICIARIES Except as otherwise provided in this Agreement, no third party beneficiaries are intended under this Agreement. In the event a reliance letter or certification is required under the scope of services, the parties agree to use a form that is mutually acceptable to both parties. 20. UTILITY LOCATION If underground sampling/testing is to be performed, a local utility locating service shall be contacted to make arrangements for all utilities to determine the location of underground utilities. In addition, OWNER shall notify ENGINEER of the presence and location of any underground utilities located on the OWNER's property which are not the responsibility of private/public utilities. ENGINEER shall take reasonable precautions to avoid damaging underground utilities that are properly marked. The OWNER agrees to waive any claim against ENGINEER and will indemnify and hold ENGINEER harmless from any claim of liability, injury or loss caused by or allegedly caused by ENGINEER's damaging of underground utilities that are not properly marked or are not called to ENGINEER's attention prior to beginning the underground sampling/testing. 21. UNMANNED AERIAL SYSTEMS If operating UAS, ENGINEER will obtain all permits or exemptions required by law to operate any UAS included in the services. ENGINEER's operators have completed the training, certifications and licensure as required by the applicable jurisdiction in which the UAS will be operated. OWNER will obtain any necessary permissions for ENGINEER to operate over private property, and assist, as necessary, with all other necessary permissions for operations. 22. OPERATIONAL TECHNOLOGY SYSTEMS OWNER agrees that the effectiveness of operational technology systems and features designed, recommended or assessed by ENGINEER (collectively "OT Systems") are dependent upon OWNER's continued operation and maintenance of the OT Systems in accordance with all standards, best practices, laws, and regulations that govern the operation and maintenance of the OT Systems. OWNER shall be solely responsible for operating and maintaining the OT Systems in accordance with applicable laws, regulations, and industry standards (e.g. ISA, NIST, etc.) and best practices, which generally include but are not limited to, cyber security policies and procedures, documentation and training requirements, continuous monitoring of assets for tampering and intrusion, periodic evaluation for asset vulnerabilities, implementation and update of appropriate technical, physical, and operational standards, and offline testing of all software/firmware patches/updates prior to placing updates into production. Additionally, OWNER recognizes and agrees that OT Systems are subject to internal and external breach, compromise, and similar incidents. Security features designed, recommended or assessed by ENGINEER are intended to reduce the likelihood that OT Systems will be compromised by such incidents. However, ENGINEER does not guarantee that OWNER's OT Systems are impenetrable and OWNER agrees to waive any claims against ENGINEER resulting from any such incidents that relate to or affect OWNER's OT Systems. 23. FORCE MAJEURE ENGINEER shall not be responsible for delays caused by factors beyond ENGINEER's reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, government ordered industry shutdowns, power or server outages, acts of nature, widespread infectious disease outbreaks (including, but not limited to epidemics and pandemics), failure of any governmental or other regulatory authority to act in a timely manner, failure of the OWNER to furnish timely information or approve or disapprove of ENGINEER's services or work product, or delays caused by faulty performance by the OWNER's or by contractors of any level or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. When such delays beyond ENGINEER's reasonable control occur, the OWNER agrees that ENGINEER shall not be responsible for damages, nor shall ENGINEER be deemed in default of this Agreement, and the parties will negotiate an equitable adjustment to ENGINEER's schedule and/or compensation if impacted by the force majeure event or condition. 24. EMPLOYEE IMMUNITY The parties to this Agreement acknowledge that an individual employee or agent may not be held individually liable for negligence with regard to services provided under this Agreement. To the maximum extent permitted by law, the parties intend i) that this limitation on the liability of employees and agents shall include directors, officers, employees, agents and representatives of each party and of any entity for whom a party is legally responsible, and ii) that any such employee or agent identified by name in this Agreement shall not be deemed a party. Terms & Conditions for Professional Services 3 (5/2023) Page 618 of 630 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 1 with Entrust Solutions Group (Magellan), of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION • Per the agreement, the $21,400 per month charge will cover the Construction Inspector only, it will not include an additional Project Coordinator • An additional $2,000 per month will be added to cover the estimated monthly travel expenses (will be billed as incurred on a not -to -exceed basis) for this inspector. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 619 of 630 LEGAL DESCRIPTION ATTACHMENTS 1. Addendum No 1 - EN Communications Proposal - City of Waterloo IA - PMCMCI 2024 FINAL Page 620 of 630 ADDENDUM NO. 1 TO THE EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA — PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2024 CITY OF WATERLOO, IOWA DATE: April 3, 2024 The following is a revision to the EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA — PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2024: o Per the agreement, there will be one (1) Construction Inspector for every four (4) construction crews. o The current number of crews to the number of inspectors has a ratio of 7:1, which requires one (1) additional Construction Inspector to be added to the monthly pricing schedule. o This additional Construction Inspector will be billed at $21,400 per month, from April through December 2024. o An additional $2,000 per month will be added to cover the estimated monthly travel expenses (will be billed as incurred on a not -to -exceed basis) for this inspector. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision to any and all related areas of the Contract Documents not specifically called out in this Addendum. Quentin Hart Mayor of Waterloo, Iowa City of Waterloo ee,„ David Kl i mas Chief Operating Officer EN Engineering, LLC Eric Lage General Manager of Telecommunications Waterloo Fiber Page 1 of 1 Page 621 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE An ordinance amending the City of Waterloo Traffic Code by adding Subsection (80b) Nancy Road to Section 553, No Parking Here to Corner. RECOMMENDED COUNCIL ACTION Requesting approval of no parking ordinance. 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. Sec. 553 No Pkg Here to Corner -Nancy Road 800 Block Page 622 of 630 ORDINANCE NO. AN ORDINANCE AMENDING THE 2020 TRAFFIC CODE BY ADDING SUBSECTION (80b) NANCY ROAD TO SECTION 553, NO PARKING HERE TO CORNER, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (80b) Nancy Road of Section 553, No Parking Here to Corner, of the 2020 Traffic Code, is hereby added as follows: (80b) Nancy Road East side of the 800 block in a southerly direction from Rachael Street. PASSED AND ADOPTED by the City Council this day of 2024, and approved by the Mayor this day of , 2024. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 623 of 630 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE April 15, 2024 AGENDA ITEM TITLE An ordinance amending the City of Waterloo Traffic Code section 552, No Parking Between Signs, Rachael Street. RECOMMENDED COUNCIL ACTION Requesting approval of ordinance amendment. SUMMARY STATEMENT AND BACKGROUND INFORMATION Residents are parking between cross walks making it difficult for residents and children crossing the street to see oncoming traffic. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Rachael-No Pkg Between Signs 2024 Page 624 of 630 Page 625 of 630 ORDINANCE NO. AN ORDINANCE AMENDING THE 2020 TRAFFIC CODE BY DELETING SUBSECTION (16) RACHAEL STREET TO SECTION 552, NO PARKING BETWEEN SIGNS, IN ITS ENTIRETY, AND INSERTING IN LIEU THEREOF A NEW SUBSECTION (16) RACHAEL STREET TO SECTION 552, NO PARKING BETWEEN SIGNS, TO THE 2020 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (16) Rachael Street of Section 552, No Parking Between Signs, of the 2020 Traffic Code, is hereby amended as follows: (16) Rachael Street North side in the 300 and 400 blocks; and North side in the 400 and 500 block. PASSED AND ADOPTED by the City Council this day of approved by the Mayor this day of , 2024. , 2024, and Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 626 of 630 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 April 15, 2024 AGENDA ITEM TITLE An ordinance amending the City of Waterloo Code of Ordinances by repealing Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, is hereby repealed and a new Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, and enacting in lieu thereof a new Section 7. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, is hereby repealed and a new Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, and enacting in lieu thereof a new Section 7. This ordinance amendment will help the City of Waterloo pay back the grant funding for the Lost Island Theme Park development, where the first $300,000.00 of revenue will go towards repayment of the bonded indebtedness that was issued by the city for the project. Since the opening of the theme park, the amount of hotel/motel received per year has gone up from (2021) $837,000 to (2022) $1,391,000 to (2023) $1,610,000 and this year we are at $1.3 million so far (3 of 4 quarters). So the hotel/motel funding has continued to go up with the presence of the theme park, and this mechanism for help in repayment was discussed with the original development agreement actions. The remaining allocation percentages will still be the same as they are now. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Allocating the $300,000.00 will be another revenue stream to pay off the bonds sooner. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 627 of 630 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Hotel/Motel Tax ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Ordinance - Hotel/Motel Tax Amdendment Page 628 of 630 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 7, LOCAL TRANSIENT GUEST TAX FUND, OF ARTICLE A, HOTEL AND MOTEL TAX, OF CHAPTER 8, MUNICIPAL FINANCES, OF TITLE 1, ADMINISTRATION, AND ENACTING IN LIEU THEREOF A NEW SECTION 7. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, is hereby repealed and a new Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, is enacted in lieu thereof as follows: 1-8A-7: LOCAL TRANSIENT GUEST TAX FUND: A. There is created in the office of the state treasurer a local transient guest tax fund which shall consist of all monies credited to such fund under this article. B. All monies in the local transient guest tax fund shall be remitted at least quarterly by the state treasurer, pursuant to rules of the director of revenue and finance of the state, to the city in the amount collected from business in the city. C. Monies received by the city from this fund shall be credited to the general fund of the city, subject to the provisions of subsection D of this section. (Ord. 4052, 11-14-1994) D. The revenue derived from any hotel and motel tax authorized by this article shall be used as follows: 1. The first $300,000.00 of revenue to repayment of bonded indebtedness issued by the city for incentives in support of the Lost Island Themepark project. 2. The next $1,000,000.00 of revenue shall be allocated as follows: a. Fifty percent (50%) to Experience Waterloo, formerly known as the Waterloo convention and visitors bureau, for the promotion of tourism. b. Twenty percent (20%) to the Waterloo Convention Center. c. Ten percent (10%) to the Waterloo city council for discretionary purposes. d. Twenty percent (20%) to recreation, culture, conventions, and entertainment. The board of directors of Experience Waterloo shall make recommendations every January to the city council concerning the allocation of these funds. 3. Any revenues above $1,300,000.00 may be allocated by the city council in its discretion for any one or more of the purposes described in paragraphs 1 and 2 of this subsection D. Page 629 of 630 Ordinance No. Page 2 Section 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: , 2024 PASSED 1st CONSIDERATION: , 2024 PASSED 2nd CONSIDERATION: , 2024 PASSED 3rd CONSIDERATION: , 2024 PASSED AND ADOPTED this day of , 2024. ATTEST: Kelley Felchle City Clerk Quentin Hart, Mayor Page 630 of 630