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Council Packet - 9/3/2024
CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Tuesday, September 3, 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 644 is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address, and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence. Pledge of Allegiance, Kelley Felchle, City Clerk. Approval of Agenda, as proposed or amended. Approval of Minutes of the August 19, 2024, Regular Council Session, as proposed or Page 2 of 644 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 approving the request by Babic Properties, for tax exemptions on the construction of a new 4-plex valued at $550,000.00, for property located at 3665-3671 Ravenwood Circle and located in the City Limits Urban Revitalization Area (CLURA). 3. Resolution approving the request by Nagle Sign Company, for tax exemptions on the construction of a new building valued at $1,143,936.00, for property located at 1029 Thorndale Avenue and located in the Consolidated Urban Revitalization Area (CURA). 4. Resolution approving the request by SEMS Storage LLC, for tax exemptions on the construction of a new 8-bay storage unit building valued at $450,000.00, for property located at 175 W. 16th Street and located in the Consolidated Urban Revitalization Area (CURA). 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 26, 2024, and date of public hearing as October 7, 2024, in conjunction with Asbestos Abatement Services Project, Contract No. AB-2024-09-07P, and instruct the City Clerk to publish notice. 6. Resolution setting the date of public hearing as September 16, 2024, for a request by the City of Waterloo to vacate 8,708 square feet of East San Marnan Drive right-of-way, located northwest of 2765 Crossroads Boulevard, and instruct the City Clerk to publish notice. 7. Resolution setting the date of public hearing as September 16, 2024, for an Amendment to the Development and Minimum Assessment Agreement with Grant Park, LLC, executed on October 16, 2024, to convey additional city -owned property, located northwest of 2765 and 2765 Crossroads Boulevard, and instruct the City Clerk to publish notice. 8. Resolution setting the date of bid opening as September 26, 2024, and resetting the date of public hearing as October 7, 2024, in conjunction with the FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration Project, Contract No. 1109, and instruct the City Clerk to Page 3 of 644 publish notice. 9. Resolution setting date of public hearing as September 16, 2024, for the sale and conveyance of City property located near 919 Newell Street and 918 Newell Street in the amount of $5,000.00, each and to approve a phased Development Agreement with Dellatan Asset Acquisition, LLC, including a $5,000 development grant for each residential unit created for a total of up to $60,000 in Infill Housing Grants, for the construction of up to twelve new single-family homes or duplex units, and direct the City Clerk to publish notice. 10. Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2024 Sidewalk Repair Assessment Program - Zone 3, Contract No. 1082, and instruct the City Clerk to publish notice. 11. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing two, 2024 Chevy Malibu vehicles, from Karl Chevrolet, Inc., Ankeny, Iowa, in the amount of $49,360.00, for the Police Administration Department 12. Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Police Department in the amount of $36,000.00, for Uniformed Police Presence at Community Events. 13. Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2022B, and providing for publication of notice thereof. 14. Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2023A, and providing for publication of notice thereof. 15. Resolution approving the cancellation of sidewalk assessments for properties listed on Exhibit A, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. 16. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Pajic Tuckpointing Inc., of Waterloo, Iowa, in the amount of $45,100.00, in conjunction with the Arts Center Tuckpointing Project. 17. Motion to approve Change Order No. 7 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 and City Clerk to execute said document. 18. Motion to approve the appointment of Mark Reith from the current Civil Service List to the position of Building Maintenance Licensed HVAC in the Building Maintenance Department, effective September 16, 2024. 19. Motion to approve the appointment of Marci Kemp from the current Civil Service List to the position of Secretary in the Building Inspection Department, effective September 16, 2024. 20. Motion to approve the appointment of Ryan Doland from the current Civil Service List to Page 4 of 644 the position of Animal Control Supervisor in the Police Department, effective September 9, 2024, pending pre -employment physical and drug testing. 21. Motion to approve appointment of Erin Donati from the current Civil Service List to the position of Graphic Designer/Digital Arts Manager in the Culture and Arts Department, effective September 16, 2024, pending pre -employment physical and drug testing. 22. Communication from the Leisure Services Department on the notice of the conclusion of employment of Larry Vogel, Construction Foreman, effective July 31, 2024, with recommendation of approval of payout of $3,506.94 for unused benefits. 23. Motion approving an Application for Fireworks Display: Light Up The Night Event, November 30, 2024, top of Republic parking ramp, 124 E. 5th Street, on November 30, 2024, beginning at approximately 6:15 p.m. 24. Leisure Services Commission Board minutes of July 9, 2024. 25. Board of Adjustment Regular Meeting minutes of May 28, 2024. 26. Historic Preservation Commission minutes of June 18, 2024. 27. Liquor Licenses a. Tobacco Outlet Plus #500, 1803 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp: 10/14/25. b. Main Street Waterloo, 4th St. Bridge, Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal 5-Day) Exp: 9/28/24. c. Kwik Star #229, 1717 E. San Marnan Dr., Class B Alcohol w/Sunday Sales (Renewal) Exp: 9/24/25. d. Fester's Pub, 324 E. 4th St., Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (Renewal) Exp: 7/21/25. e. Mama Nick's Circle Pizzeria, 1934 Washington St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 9/9/25. f. Narey's 19th Hole, 2073 Logan Ave., Class C Alcohol w/Sunday Sales (Renewal) Exp: 8/22/25. g. Landmark Commons, 1400 Maxhelen Blvd., Class F Alcohol w/Outdoor Service/Living Quarters and Sunday Sales (Renewal) Exp: 8/31/25. h. Queen of Peace Church, 320 Mulberry St., Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day) Exp: 9/12/24. i. Anton's Garden, 518 Sycamore St., Special Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day Extended Outdoor Service) Exp: 9/30/24. j. Karma Bar, 309 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/14/25. PUBLIC HEARINGS 1. Sale and conveyance of city -owned property located southeast of 1907 Black Hawk Street, in the amount of $1.00, to 5 Bees, LLC, in accordance with the Master Development Agreement approved on July 13, 2020. Page 5 of 644 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 authorizing the sale and conveyance of city -owned property located southeast of 1907 Black Hawk Street, in the amount of $1.00 to 5 Bees, LLC, in accordance with the Master Development Agreement approved on July 13, 2020, for the construction of a new 5,000 square foot building with a minimum assessed value of $375,000.00. Submitted by: Noel Anderson, Community Planning and Development Director 2. Sale and conveyance of city -owned property located east of 415 Newell Street, in the amount of $1.00, to Lucy Evans, including approval of a Development Agreement for the demolition of the home formerly at 437 Newell Street. 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 authorizing the sale and conveyance of city -owned property located east of 415 Newell Street, in the amount of $1.00 to Lucy Evans, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Lucy Evans for the demolition of the property and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 3. FY 2025 State Street Sanitary Sewer Replacement and Storm Sewer Disconnects, Contract No. 1110. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids. Resolution approving award of bid to Baker Enterprises, Inc., of Waverly, Iowa, in the amount of $424,835.90, approving the contract, bond, and certificate of insurance, in conjunction with the FY 2025 State Street Sanitary Sewer Replacement and Storm Sewer Disconnects, Contract No. 1110, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 4. FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration, Contract No. 1109. 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. No bids were received. Submitted by: Jamie Knutson, City Engineer RESOLUTIONS Page 6 of 644 1. Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified Projects. Submitted by: Bridgett Wood, Finance Director 2. Resolution approving an agreement with MidAmerican Energy Company, of Des Moines, Iowa, in the estimated amount of $498,708.02, in conjunction with the FY 2024 La Porte Road Improvements, Phase I, Contract No. 1016, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 3. Resolution approving Supplemental Agreement No. 10 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 $175,000.00, in conjunction with the FY 2023 Hammond Avenue Bridge Replacement Over Sink Creek Project, Contract No. 922, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Wayne Castle, PLS, PE, Assistant City Engineer 4. Resolution approving Supplemental Agreement No. 6, to a Professional Services Agreement originally executed November 7, 2016, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $54,800.00, in conjunction with the FY 2020 University Avenue Reconstruction -Phase 3 Project, (Midway Avenue to US 63), Contract No. 971, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 5. Resolution approving the Development and Minimum Assessment Agreement with Ryan Companies US, LLC, for the construction of a 225,113 square foot warehouse located at 3280 Newell Street, with a minimum assessed value of $14,625,000.00, and rebates at fifty percent for ten years, land development grant of $1,515,000.00 for earthwork, and a grant of $3,255,000.00 for the purchase of land, and authorizing Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving an Encroachment Agreement with Gary Wiggins to allow for a retaining wall in the city right-of-way located in the "R-2" One and Two Family Residence District located at 1002 Mobile Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 7. Resolution approving an Encroachment Agreement with Goodwill Industries, Inc., to allow for a stairway and a sitting area in the right-of-way of Maxwell Street, replacing a previous encroachment in the "C-2" Commercial District located at 2800 Falls Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director Page 7 of 644 8. Resolution approving a request by Robson Homes Inc., for the Preliminary Plat of Prairie Meadow Estates First Addition, a 5-lot residential subdivision in the "R-3" Multiple Residence District located east of Omaha Avenue. Submitted by: Noel Anderson, Community Planning and Development Director 9. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to the approval of the Minor Plat of W.C.F. & N. Industrial Park, a 3-lot industrial subdivision in the "M-2" Heavy Industrial District located at 2975 Airline Circle. Submitted by: Noel Anderson, Community Planning and Development Director 10. Resolution approving a request by the City of Waterloo for the Minor Plat of WCF&N Industrial Park, a 3-lot industrial plat in the "M-2" Heavy Industrial District located at 2975 Airline Circle. Submitted by: Noel Anderson, Community Planning and Development Director 11. Resolution approving a Real Estate Purchase Agreement with Anthony Bradfield and Municipal Telecommunication Utility of the City of Waterloo and approving a deed to sell real property to the City of Waterloo, in the amount of $30,000.00, for property located north of 1650 Idaho Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 12. Resolution approving a Professional Services Agreement with Ahlers and Cooney, P.C. for preparation of a Commercial Project Development Agreement, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 13. Resolution approving a Professional Services Agreement with Impact7G, of Coralville, Iowa, in an amount not to exceed $126,000.00, 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. Submitted by: Noel Anderson, Community Planning and Development Director 14. Resolution approving a Professional Services Agreement with Impact7G, in an amount not to exceed $3,200.00, to complete a phase I Environmental Site Assessment for a city - owned lot along Leversee Road within the Waterloo Air and Rail Park, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 15. Resolution approving a purchase proposal with Racom for a G2 Fire Station Alerting System, and authorizing the Fire Chief to execute said document. Submitted by: Bill Beck, Fire Chief 16. Resolution approving the Refundable Advance for Construction of Underground Electric Page 8 of 644 Service Extension in the amount of $27,478.18 for use with MidAmerican Energy, for electric distribution to serve reconstructed pool at 801 Campbell Avenue, in conjunction with the FY 2024 Byrnes Aquatic Center Project, Contract No. 1077, and authorizing the Mayor to execute said document. Submitted by: Paul Huting, Leisure Services Director ORDINANCES 1. Ordinance establishing grades for the City of Waterloo FY 2024 Sidewalk Repair Assessment Program — Zone 3, Contract No. 1082. Motion to receive, file, consider, and pass for the first time an ordinance establishing grades for the City of Waterloo FY 2024 Sidewalk Repair Assessment Program — Zone 3, Contract No. 1082. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Oumie Ceesay ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 9 of 644 August 19, 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, August 19, 2024. Roll Call. Mayor Pro Tem Ray Feuss 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, John Chiles, Ward 1 Council Member. Approval of Agenda as proposed or amended. Nichols/Simon that the agenda be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of the August 5, 2024, Regular Council Session and the August 9, 2024, Special Council Session, as proposed or amended. Nichols/Simon that the minutes of August 5, 2024, Regular Session and August 9, 2024, Special Session, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Mary Potter, Grout Museum Trustee Aaron Stacey Roberts, 411 Almond Street Marcella Gruver, 203 Miriam Drive Nick Hendrick, 207 Highland Boulevard Mr. Chiles reminded Ward 1 his office hours will be August 31, 2024. Mr. Simon encouraged citizens to research and educate themselves on the school plans for construction and vote and informed citizens that the council has no input in the school plans or construction decisions. Ms. Creighton -Smith explained the school building plans are on the ballot and encouraged citizens to vote. Ms. Wilder commended local businesses for coming together to provide children with school resources to serve over 400 kids with school supplies and haircuts for the new year. Page 1 of 10 Page 10 of 644 Mr. Feuss commented on events that welcomes diversity to Waterloo along with an electronic music festival for the first time. Nichols/Creighton-Smith to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Nichols/Wilder that the following items on the consent agenda, including payment of bills for August 12, 2024, in the amount of $5,045,903.37, and August 19, 2024, in the amount of $3,931,807.39 be received and placed on file. Roll Call vote -Ayes: Six. Nays: Creighton -Smith on No. item No. 20. 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. 2024-473. Resolution approving the sale of a used pickup truck from the Fire Department via the Purplewave website. Resolution adopted and upon approval by Mayor assigned No. 2024-474. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing (3) Ford F450 trucks, from Stivers Ford, Waukee, Iowa, in the amount of $168,516.75, for the Street Department. Resolution adopted and upon approval by Mayor assigned No. 2024-475. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as September 5, 2024, and date of public hearing as September 16, 2024, in conjunction with the FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-476. Resolution setting date of public hearing as September 3, 2024, for the sale and conveyance of city -owned property located east of 415 Newell Street, in the amount of $1.00, to Lucy Evans, including approval of a Development Agreement for the demolition of the home formerly at 437 Newell Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-477. Resolution setting date of public hearing as September 3, 2024, for the sale and conveyance of city -owned property located southeast of 1907 Black Hawk Street, in the amount of $1.00, to 5 Bees, LLC, in accordance with the Master Development Agreement approved on July 13, 2020, for the construction of a new 5,000 square foot building with a minimum assessed value of $375,000.00 and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-478. Page 2 of 10 Page 11 of 644 Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $211,889.50, in conjunction with the FY 2023 Greenbelt Lake REAP Grant Project Phase II, Contract No. 1085, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2024-479. Motion to approve Change Order No. 1 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $21,450.00, in conjunction with the FY 2024 Crossroads Boulevard Median Improvement, Contract No. 1089, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 15 with Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $22,548.61, in conjunction with FY 2020 University Avenue Reconstruction Phase 3 Project, Contract No. 971, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 11 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $51,478.50, in conjunction with the FY 2022 Sullivan Brothers Plaza Renovation, Contract No.1069, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Final Quantity Summary with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net decrease of $2,372.00, in conjunction with the FY 2023 Greenbelt Lake REAP Grant Project Phase II, Contract No. 1085, and authorizing the Mayor and City Clerk to execute said document. Motion to approve the appointment of Michael Smock, from the Civil Service list, to the position of Operator in the Waste Management Services Department, effective August 20, 2024, pending pre -employment physical and drug testing. Motion to approve the appointment of Arnell Ernst from the current Civil Service List to the position of Clerk II in the Police Department, effective August 20, 2024. Communication from the Library Department on the notice of the conclusion of employment of Austin Newland, Library Assistant, effective July 22, 2024, with recommendation of approval of payout of $1,819.01 for unused benefits. Communication from the Street Department on the notice of the conclusion of employment of Eugene Smith, Equipment Operator I, effective July 22, 2024, with recommendation of approval Page 3 of 10 Page 12 of 644 of payout of $9,478.46 for unused benefits. Communication from the Sanitation Department on the notice of the conclusion of employment of Dennis Moore, Solid Waste Technician, effective July 19, 2024, with recommendation of approval of payout of $3,467.79 for unused benefits. Communication from the Street Department on the notice of the conclusion of employment of Shawn Fisher, Street Director, effective 7/26/2024 with recommendation of approval of payout of $7,065.79 for unused benefits. Claudia Rivera, Board/Commission: Human Rights Commission, Expiration Date: August 19, 2025, [New Partial]. Liquor Licenses a. Bamboo Ridge Campground, 4550 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp: 9/18/2025. b. BJ's Bar and Billiards, 110 Ida St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 7/29/2025. c. Casey's General Store #2879, 3260 University Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 9/30/2025. d. Liquor and Tobacco Outlet, 2844 University Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/15/2025. e. XO Food & Liquor, 428 Franklin St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/9/2025. f. RV Mixology, Hess Rd., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 8/26/2024. g. Chilitos Mexican Bar and Grill, 441 E. Tower Park Dr., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 8/7/2025. h. Byron Mart, 306 Byron Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/9/2025. i. Waterloo Center for the Arts, 300 Jefferson St. Class C Alcohol (New 1-Day Transfer - 8/31) Exp: 9/1/2024. Motion approving Cigarette/Tobacco/Nicotine/Vapor Permit Application for Vape Time, 325 Franklin Street. Bonds. PUBLIC HEARINGS Page 4 of 10 Page 13 of 644 Sale and conveyance of city -owned property located at 1003 Vine Street, in the amount of $5,500.00, to JLS Partners Properties, LLC. Chiles/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. David Dryer-3145 W. 4th Street, stated it appears the city is once again giving property away. Nick Hendrick-207 Highland Boulevard, stated he is very excited this is being purchased and is being rehabbed as he lives on Highland Boulevard and this has been a blighted home for years. Chiles/Wilder to close the hearing. Voice vote -Ayes: Seven. Motion carried. Chiles/Wilder Resolution authorizing the sale and conveyance of city -owned property located at 1003 Vine Street, in the amount of $5,500.00, to JLS Partners Properties, LLC, and authorizing the Mayor and City Clerk to execute said documents. Mr. Chiles questioned the current assessed value of the property. Aric Schroeder, City Planner, explained only one proposal was received and the only option for this property is demolition. Mr. Chiles commented he asked, as he assumes plans for the property will raise the assessed value with improvements and continue to raise valuations in the city. Mr. Boesen agrees with the sale of the property but would like to stress owner -occupation with these types of agreements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-480. Chiles/Wilder Resolution approving a Development Agreement and Real Estate Contract with Marcelino Balion Perez for the rehabilitation of 1003 Vine Street, including a refund of $5,000.00 of the purchase price and a $5,000.00 infill housing grant upon completion of the project, 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. 2024-481. RESOLUTIONS Page 5 of 10 Page 14 of 644 Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the construction of residential units at 512 Almond Street, including a $5,000.00 infill incentive for each unit, $37,000.00 in acquisition fees, and demolition of the existing structure, and authorizing the Mayor and City Clerk to execute said document. Nichols/Chiles David Dryer-3145 W. 4th Street, questioned who was receiving the $37,000.00 and does a development agreement establish when taxes will start once construction is completed. Noel Anderson, Community Planning Development Director, explained this is a 657A project in the historic district, along with a vacant lot. The city is working with Habitat for Humanity to be able to construct a three-plex or residential unit on the vacant lot. The current owner will sell the property to Habitat and the City will reimburse Habitat for $37,000.00. Habitat has four years to complete construction. The property owner is working with Habitat for Humanity to sell the lot to them. Taxes on the structure will start in five years, per the agreement. Mr. Simons questioned the interest earned on the $37,000.00 during the construction period and if this is typical when the ownership is transferred and paid. Noel Anderson responded that this is the typical procedure for the city. Mr. Boesen commented this is commercial blight and is happy to see new construction in the area. Mr. Chiles agreed with Mr. Boesen and is looking forward to this being developed. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-482. Resolution approving a Temporary Construction Easement Agreement with Robert J. Greenwood and Cheryl L. Greenwood, located at 1875 Westchester Road, in conjunction with the Sunnyside Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Nichols/Chiles Roll Call Vote -Ayes: Six. Rob Nichols recused himself for financial reasons. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-483. Resolution approving a Temporary Construction Easement Agreement in the amount of $369.04 with The Sunnyside Country Club, Inc., located at 1600 Olympic Drive, in conjunction with the Sunnyside Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Chiles/Creighton-Smith Mr. Chiles questioned if this will solve the drainage issues right south of Sunnyside. Jaime Knutson, City Engineer, explained this and the retention basin between Hwy. 20 and San Marnan will help to improve the flow in the channel to help with drainage. Mr. Boesen questioned if the city owns the land where the retention basin is being built. Jaime Kutson explained the city is working to acquire those fourteen acres for the retention basin. Page 6 of 10 Page 15 of 644 Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-484. Resolution approving a Temporary Construction Easement Agreement in the amount of $618.00 with Hole 7 Development, LLC., located east of 1920-1930 Kamille Court, in conjunction with the Sunnyside Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Chiles/Creighton-Smith Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-485. Resolution approving the 28E Agreements between Waterloo Fire Rescue and the Northeast Iowa Response Group, consisting of Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek Counties, to provide support personnel and equipment in event of a hazardous substance emergency, and authorizing the Mayor and City Clerk to execute said documents. Chiles/Creighton-Smith Mr. Boesen questioned how Black Hawk County pays into the agreement and if the per capita was raised this year. Bill Beck, Fire Chief, responded he would provide Mr. Boesen with that information. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-486. Resolution approving a Professional Services Agreement with AECOM Technical Services, of Waterloo, Iowa, in the amount of $1,732,900.00 for inspections, in conjunction with the FY 2024 La Porte Road Improvements, IDOT Agreement No. HDP-8155(787)--71-07, Contract No. 1016, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Nichols Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-487. Resolution approving a Right -of -Way License Agreement with La Porte City Telephone Company, of La Porte City, Iowa, for the placement of utilities within City right-of-way, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Nichols David Dryer-3145 W. 4th Street, questioned if La Porte City will pay any fee for the right-of-way authorization. Jamie Knutson, City Engineer, explained La Porte City telephone will be paying a permit and right-of-way fees based on how much cable they are putting in the ground, same as any other fiber optic utility. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-488. Resolution approving a Professional Services Agreement with ISG Inc., of Waterloo, Iowa, in Page 7 of 10 Page 16 of 644 the amount of $5,400.00, in conjunction with the No Passing Zone Analysis, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Nichols David Dryer-3145 W. 4th Street, questioned if the Department of Transportation picked up any of the expense. Jamie Knutson, City Engineer, explained a federal grant will be used to pay for that portion of the work. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-489. Resolution approving a Street Lighting Agreement with MidAmerican Energy, in the amount of $4,214.66, for installation of one streetlight to be located at the entrance of Paradise Estates, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Nichols Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-490. Resolution approving a Professional Service Agreement with Automatic Systems Co., of Ames, Iowa, in the amount of $95,492.00, in conjunction with the WWTP Building 15 PLC Upgrades, and authorizing the Mayor to execute said document. Nichols/Chiles Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-491. Resolution approving Supplemental Agreement No. 6 to a Professional Services Agreement with AECOM of Waterloo, Iowa, in the amount of $125,000.00, originally executed on April 8, 2015, in conjunction with planning and engineering services to assist the Waste Management Services Department, and authorizing the Mayor to execute said document. Nichols/Chiles David Dryer-1145 W. 4th Street, questioned the original amount in the agreement and if this is an increase? Randy Bennett, Public Works Division Manager, explained he doesn't know the amount of the original contract, that this is an ongoing agreement for professional consulting services. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-492. Resolution approving a Professional Services Agreement with ISG, Inc. of Waterloo, Iowa, in the amount of 8.5 percent of the total cost of furniture purchased for the Waterloo Convention Center, in conjunction with the Furniture Plan and Bid for the Waterloo Convention Center, and authorizing the Mayor to execute said document. Nichols/Chiles David Dryer- 1145 W. 4th Street, questioned if there is no one in the city capable of selecting furniture and why this wasn't included in the original agreement. Page 8 of 10 Page 17 of 644 Noel Anderson, Community Development and Planning Director explained this is a matter of not only purchasing furniture for the entire convention center but designing, coordinating, planning, and overseeing the installation of furniture and accessories, including carpeting, desktops, and electrical connections. Mr. Boesen questioned if the city purchased an assortment of furniture as part of the remodeling project. Noel Anderson, Community Development and Planning Director, explained the city has not had any large purchase of furniture, but that the operator has made furniture purchases. Mr. Boesen stated the city has been reimbursing the operator for a lot of their expenses, so technically, we have been purchasing furniture. Noel Anderson agreed that the city has been reimbursing the operator for purchases under the agreement. Mr. Boesen questioned if we are setting a cap of 8.5% for a not -to -exceed $200,000.00, or if it would need to come back before the council. Mr. Anderson agreed this was a not -to -exceed amount. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-493. OTHER COUNCIL BUSINESS FY 2025 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4 Resolution approving proposed construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Resolution of necessity and setting date of public hearing as September 16, 2024. Boesen/Nichols Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-494. Boesen/Nichols Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-495. Boesen/Nichols Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-496. Boesen/Nichols Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-497. Page 9 of 10 Page 18 of 644 ADJOURNMENT Nichols/Boesen that the Council adjourn at 6:14 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 10 of 10 Page 19 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving the request by Babic Properties, for tax exemptions on the construction of a new 4-plex valued at $550,000.00, for property located at 3665-3671 Ravenwood Circle and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Hammond Hills 6th Addition Lot 149 Page 20 of 644 ATTACHMENTS 1. CLURA 3665-3671 Ravenwood Cir Form 2. CLURA 3665-3671 Ravenwood Cir Map Page 21 of 644 o W4 . • O Date Received: Receceiveddby: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS AND DAYCARE CENTER IMPROVEMENTS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA.) allows property tax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the 1" working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Daycare facilities may need a development agreement with the City. Please contact the Waterloo Planning and Zoning Department for more information. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: big/.'!C- 42,6=l T' SIGNATURE: ! gs f/,Rf3iAi Z:6 EMAIL: TELEPHONE: 3, q ".;3o "/4' DATE: A. What is the Address of the property being improved? 66'5/ 66 366 % ,' t� What is the Legal Description of theproperty? a be available at C ui ecorder's one on 2nd floo o the Courthouse A (May tY ) B. Indicate desired exemption schedule: 1 or 2) 1. (< One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: Ira�m�m � 41} 1 5 614' A'ag'o M a. First Year 80% b. Second Year70% c. Third Year 60% d. Fourth Year 50% e. Fifth Year40% f. Sixth Year40% g. Seventh Year 30% h. Eighth Year 30% i. Ninth Year 20% j. Tenth Year 20% Note: Residentially assessed properties receiving the CLURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July 1, 2024. C. What the nature of the improvement(s)? D. What was the cost of the new construction? ,,1 E. Estimated or actual date of completion of this new construction? 0 3/ 2 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this line — Office Use Only F. City of Waterloo Building and Inspections Department Information: Permit Number: (& C . "1ji Date permit was issued: / 10 Total permit(s) valuation: ().u� 05'000 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DALLD: T.J. Koenigsfeld Black Hawk County Assessor Page 22 of 644 Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein. either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats. surveys. recorded deeds. etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 3665-3671 Rave RAVENWOOD CIR nwood Cir RAVENWOOD CIR 25 50 100 150 Feet Page 25 of 644 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 September 3, 2024 AGENDA ITEM TITLE Resolution approving the request by Nagle Sign Company, for tax exemptions on the construction of a new building valued at $1,143,936.00, for property located at 1029 Thorndale Avenue and located in the Consolidated Urban Revitalization Area (CURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the commercial property under the Consolidated Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lot No. Six (6) in Auditor Barnes' Plat No. 3, in Black Hawk County, Iowa. Page 24 of 644 ATTACHMENTS 1. 1029 Thorndale Ave CURA Form 2. 1029 Thorndale Ave CURA Map 3. Nagle Sign Company - DA and MAA - 6.17.2024 Page 25 of 644 • p� WA nru.nln..ligm ie • a For Office Use Only Date Received Received by: Staff to make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURAboundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department) 3. This application must be filed with City prior to the 15' working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Commercial properties must have a development agreement with the City that includes a minimum assessment agreement. Please 1111 out the following information for your application to be submitted to the City Council. NAME: Nagle Sign Company SIGNATURE: &,t I i" r .,._ ADDRESS: 1020 Wilbur Ave. EMAIL: @naglesigns.com S TELEPHONE: (319) 233.4604 DATE: 5/24/2024 A. What is the Address of the property being improved? 1029 Thorndale Ave. What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? Lot No. 6 in Auditor Barnes' Plan No. 3 in Black Hawk County, Iowa B_ Indicate desired exemption schedule: (1 or 2) 1. 0 One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. 0 Apartial exemption on the actual value added by improvements according to the following schedule: a. First Year------80% b. Second Year-70% c. Third Year--------60% g. Seventh Year --30% h. Eighth Year —30% i. Ninth Year-- ---2 0 % j. Tenth Year 20% Note: Residentially assessed properties receiving the CURAtax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July 1, 2024. d. Fourth Year 50% e. Fifth Year------40% f Sixth Year------40% C. What was the nature of the improvement(s)? New building D. If this is not a single-family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes No E. What was the cost of the improvement? $1,143,936.00 F. Estimated or actual date of completion of these improvements? September 30, 2024 Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this line — Office Use Only G. City of Waterloo Building and Inspections Department Information: Permit Number: A4 6 6c Date permit was issued: Total permit(s) valuation: l )CW; CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor .ti. Page 26 6f 644 1029 Thorndale Avenue Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein. either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats. surveys. recorded deeds. etc. located at the Black Hawk County Assessor's Office for complete and accurate information. co m ✓ANNEYAVE— Page 27 of 644 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 v rve_ y'i , 2024 by and between Nagle Sign Company, an Iowa general partner hip (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company is the owner of real property identified as parcel no. 8913-28- 227-024, Waterloo, Iowa, legally described as set forth on Exhibit "A" attached hereto (the "Property"), and Company is willing and able to finance and undertake construction of new improvements on the Property. B. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and require- ments under which the project has been undertaken and is being assisted AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. Company shall construct a new commercial building on the Property of no less than 6,900 square feet, as well as related landscaping, storm water detention, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 2. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Property, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Company submit specific building designs and site plans for City review and approval. Company will use Page 28 of 644 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. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City 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 2 Page 29 of 644 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. 3. Timeliness of Construction; Possibility of Termination. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to offer the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must begin construction of the Improvements within four (4) months after the date of this Agreement and Substantially Complete construction within fourteen (14) months after the date of this Agreement (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 City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. B. Events triggerinq termination. If Company does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 12, and City shall then have no further obligation under this Agreement. In any circumstance where Company's progress on the Project fails to meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 4. 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. 5. 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 3 Page 30 of 644 Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $345,000.00 (the "Minimum Actual Value"), through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 6. Tax Abatement. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. Abatement is available for a 10-year period, but Company may choose any available abatement schedule. 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 with respect to the 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 4 Page 31 of 644 with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the MAA termination date Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted an the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 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. 5 Page 32 of 644 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: 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 has been duly and validly 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. 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, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. 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. E. The financing commitments, which Company will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Company to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 10. Indemnification. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its members, managers, employees, contractors or agents, or 6 Page 33 of 644 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 Section shall survive the expiration or termination of this Ag reement. 11. 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. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; 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 any of Property. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 12. 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 7 Page 34 of 644 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, if any, before the date of termination as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 13. 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. 14. 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. 8 Page 35 of 644 15. 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. 16. 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 1020 Wilbur Avenue, Iowa 50701, or P.O. Box 2098, Waterloo, Iowa 50704, Attention: President. 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. 17. 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. 18. 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. 19. 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 9 Page 36 of 644 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. 20. 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. 21. 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. 22. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. City acknowledges that Company may convert from a general partnership to a limited liability company. The conversion from a general partnership to a limited liability company will not require deeds transferring the Property from the partnership to the limited liability company. Company will file an affidavit with the Black Hawk County Recorder explaining the conversion of the entity from a general partnership to a limited liability company and the filing of the affidavit will avoid the need to file a deed transferring the Property to the limited liability company. City consents to Company's conversion from a general partnership to a limited liability company and agrees that the conversion can occur without any further approval from the City. This Agreement shall inure to the benefit of and be binding on the limited liability company. 22. 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. 24. 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. 25. 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] 10 Page 37 of 644 CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: K-Iley Felch City Clerk 11 NAGLE SIGN COMPANY By: Title: Page 38 of 644 EXHIBIT "A" Legal Description of Property Lot No. 6 in Auditor Barnes' Plat No. 3 in Black Hawk County, Iowa. Page 39 of 644 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of u e. p,+1 , 2024, by and among the CITY OF WATERLOO, IOWA ("City"), NAGLEEISIGN COMPANY, an Iowa general partnership ("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 a property within a designated urban revitalization area of the City, 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 § 404.3C, 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 $345,000.00 (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 40 of 644 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 § 404.3C 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 41 of 644 (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 42 of 644 CITY OF WATERLOO, IOWA By: B Quentin Hart, Mayor elley Felchll, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this it`d day of -r. , 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. NAGLE SIGN COMPANY By: Title: C)G BRITNI C PERKINS COMMISSION NO. 845529 MY COMMISSION EXPIRES JANUARY 27, 2026 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on \ti' NV‘r&J as of-AlmC C f JENNIFER ANNE TAYLOR COMMISSION NO. 814485 MY C?MMISS jaLFXPIRES 4 , 2024 by of Nagle Sign Company. Page 43 of 644 Page 44 of 644 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 upon completion of the improvements to be made on it, certifies that the actual value assigned to the land and improvements upon completion shall not be less than Three Hundred Forty -Five Thousand and 00/100 Dollars ($345,000.00) 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 ) ) 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 Page 45 of 644 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 September 3, 2024 AGENDA ITEM TITLE Resolution approving the request by SEMS Storage LLC, for tax exemptions on the construction of a new 8-bay storage unit building valued at $450,000.00, for property located at 175 W. 16th Street and located in the Consolidated Urban Revitalization Area (CURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the commercial property under the Consolidated Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 5 in Block 12 in Hayes' Addition to the Town of Waterloo, Iowa. Page 46 of 644 ATTACHMENTS 1. 175 W 16th St CURA Form 2. 175 W 16th St CURA Map 3. DA and MAA Page 47 of 644 Receive Date t -dY Received by: Stall -to make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: I. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be Iocated within the CURA boundaries (a snap of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be fled with City prior to the 1 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Commercial properties must have a development agreement with the City that inclus a minimum assessment agreement. Please fill out the following information for your application to be submitted to the Gity ouncil. NAME: iG Zvi l'7 540 co a.C�.} SIGNATURE: ADDRESS: 4/0.0 bdur► n e w � e I� r -, Ctlx , C:M4EMAIL: Gi de ?ilk; A r :" iw i 1 co-Yi TELEPHONE: 5! 3--,Ze 'b DATE: e' l� /Z3 2 A. What is the Address of the property being improved? L' 91" , L4 1 x / % b? ) 2- What is the Legal Description of the property? (May, be available at County Recorder's Office on 2nd floor of the Courthouse)? 9-e—f 4 c _ � / 4;'1-t [ 01 5 331 k i a B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year--------80% b. Second Year 70% c. Third Year60% f. Sixth Year d. Fourth Year 50% e. Fifth Year 40% 40% g. Seventh Year-----30% h. Eighth Year--------30% i. Ninth Year 20% Tenth Year 20% Note: Residentially assessed properties receiving the CURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July I, 2024. C. What was the nature of a improveme (s)? (-4.4- to-Y• t, L+ D. If this is not a single-family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes X. No E. What was the cost of the improvement? Y' T 0) O O F. Estimated or actual date of completion of these improvements? OC`t 9623 Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this line — Office Use Only G. City of Waterloo Building and Inspections Department Informatiioon: Permit Number: la 117? `i Date permit was issued: 2-6 -53 Total permit(s) valuation: 75C) CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor Page 48 of 644 •se Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 9c�y9� ^6��5 `rs V IIi1 11I P1 lIll 11 1'ill11 IIP111 11 lllll Doc ID. 010006770025 Type Recorded: 11/20/2020 at 03 Fee Amt: $127.00 Page 1 of Black Hawk County Iowa SANDIE L. SMITH RECORDER GEN 23:30 PM 25 F11e2021-00011025 *bloc wlieda Prep red by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 DEVELOPMENT AGREEMENT (Phased Development) Phone(319)234-5701 This Development Agreement (the "Agreement") is entered into as of --.u1. 3 , 2020 by and between 5 Bees, 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, 2015, 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"). B. Company is willing and able to finance and construct buildings and related improvements on property located in the Urban Renewal Area. 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. City believes that the development of the Property (defined below) 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 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. Within 30 days from the date of this Agreement, City shall convey to Company, for the sum of $1.00, the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, 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 Oxi) Page 50 064 right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, or other applicable law. 2. Phased Development. The parties contemplate that Company will develop the Property and other nearby properties 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: A. Phase 1. Demolition of existing structure on the Property and construction of a new commercial building of no less than 3,000 square feet. B. Phase 2. Interior and exterior improvements to an existing building on property at 1813 Black Hawk Street, Waterloo. C. Phase 3. Demolition of existing structure at 175 W. 16th Street, Waterloo (the "Phase 3 Lot") and construction of a new commercial building of no less than 3,000 square feet. D. Phase 4. Construction of a commercial building of no less than 6,500 square feet on parcel no. 8913-25-453-005 at the corner of Black Hawk Street and W. 18th Street (the "Phase 4 Lot"). Properties corresponding to Phases 2-3 are referred to as 'Developer Properties," and the Property, Developer Properties and Phase 4 Lot are referred to as "Project Properties." For each phase, City may require that Company submit specific building designs and site plans for City review and approval. Improvements to the Project Properties completed within the schedule established by Section 5 below will be eligible for the benefits provided for in this Agreement, and any Phase of the Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Improvements by Company. Company shall construct on the Project Properties the improvements described in Section 2 above, and related landscaping, paving, 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. 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 Properties, the Improvements, and all site preparation and development - related work to make the Project Properties usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 4. Timeliness of 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 2 Page 51 of 644 extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property and the Phase 4 Lot to Company, and that without said commitment City would not have done so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain all permits to demolish the existing structure on the Property and to construct the Phase 1 Improvements so that construction on Phase 1 Improvements begins by April 1, 2021 (the "Phase 1 Start Date") and is completed no later than April 30, 2022 (the "Phase 1 Completion Deadline"). Phase 2 Improvements must be substantially completed by December 31, 2023, and Phase 3 Improvements must be substantially completed by December 31, 2024. Company must begin construction of Phase 4 Improvements within 12 months after City conveys the Phase 4 Lot to Company (the "Phase 4 Start Date) and must substantially complete such Improvements by December 31, 2026 or within 24 months after City conveys title to the Phase 4 Lot to Company, whichever is later (the "Phase 4 Completion Deadline"). For any phase, substantial completion of construction shall be evidenced by issuance of an occupancy permit. B. Events triggerinq reverter of title. (i) Subject to Unavoidable Delays as set forth below, if Company has not, in good faith, begun the construction of Phase 1 Improvements and Phase 4 Improvements by the corresponding Phase Start Date, then City may terminate this Agreement as to such phase area and title to such phase area shall revert to the City, except as may be provided in this Agreement; provided, however, that if construction has not begun by the applicable Phase Start Date but the development of the Project as to such phase is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the phase Improvements, and if an extension is granted but construction of the phase Improvements has not begun within such extended period, then City may terminate this Agreement as to such phase area(s) and title to the applicable phase area(s) shall revert to the City after the end of said extended period. In the event of any termination, City shall have no further obligations under this Agreement with respect to any affected phase area. (ii) If Company determines at any time that the Project, in whole or in part, is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the applicable undeveloped phase area(s) to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement with respect to any such phase area conveyed, except as expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against any Project Property deeded to City. 3 Page 52 of 644 (iii) If development 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, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the phase area(s) shall revert to City. 5. 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 reverted Project Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against such property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days 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, claim, charge, or encumbrance on or against the reverted Project Property of any type or nature whatsoever that attaches to such 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. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Water and Sewer. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Project Property that Company desires and for payment of any associated connection fees. 7. Additional City Assistance. The incentives described in the following subsections of this Section 7 are in addition to the other Project incentives extended by City to Company hereunder. A. Development Grant; Contingent Repayment; Security. City will provide payments of up to $120,000.00 (the "Grant") to assist Company with acquisition of Developer Properties and Company's demolition activities thereon. The schedule of payment shall be as follows: 4 Page 53 of 644 1) $70,000.00 within thirty (30) days after the date of this Agreement; 2) $25,000.00 within thirty (30) days after Company provides to City proof of closing on Company's purchase of the Phase 3 Lot. 3) $25,000.00 within thirty (30) days after Company provides to City proof of completed demolition of existing structures on the Property and the Phase 3 Lot. If Company fails to complete the Project as required by Sections 2 and 3, then the Grant will be repayable to City at the rate of $30,000.00 for each Project phase that is not completed. Any amount repayable shall accrue interest at the rate of six percent (6%) per annum from and after the date of disbursement from City and continuing until repaid in full. As security for repayment of the Grant, Company shall either (a) provide a mortgage to City against the Project Properties, which City agrees to subordinate to any mortgage for acquisition or construction financing, or (b) obtain and keep in force one or more performance bonds in the amount of not less than $150,000.00 for each Project phase and one or more payment bonds that guarantee the timely payment of all materials, services and labor. If Company elects to maintain performance and payment bonds, then certificates or copies of said bonds shall be delivered to City, and until Project completion Company will not do or omit the doing of any act which would vitiate any bond. Upon completion of a Project phase, City shall release any mortgage against property corresponding to such phase, and Company may terminate any performance bond or payment bond corresponding to such phase. B. Phase 4 Lot. Within sixty (60) days after the date of this Agreement, City will terminate the existing lease for the Phase 4 Lot between City and 3 Little Lambs, LLC and shall enter into a new lease for the Phase 4 Lot with Company, substantially in the form attached hereto as Exhibit "B". Within thirty (30) days after the lapse, release or discharge of any and all tax liens, judgment liens or other liens affecting the Phase 4 Lot (anticipated to occur no later than May 2024), City shall convey the Phase 4 Lot to Company on the same terms as the conveyance described in Section 1 of this Agreement. C. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. D. Vacated Alley. City agrees to take all steps necessary to vacate the alley behind the Property and to convey same to Company by quit claim deed concurrently with conveyance of the Property. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 5 Page 54 of 644 other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $150,000.00 (the "Phase 1 Minimum Actual Value"), through: (I) willful destruction of the Property, 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 agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with Phase 2 Improvements, Phase 3 Improvements, and Phase 4 Improvements, the parties will execute and record for each such phase a separate MAA to establish the Minimum Actual Value ("MAV") for such phase. The parties anticipate that the MAV for Phase 2 will be $100,000.00, the MAV for Phase 3 will be $150,000.00, and the MAV for Phase 4 will be $400,000.00. The total MAV will be not less than $800,000.00 for all combined phases of Improvements. 9. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Project Properties, 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 in advance of Company's execution of any such mortgage. Company may not mortgage the Project Properties or any part thereof for any purpose except in connection with financing of the Improvements. 10. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer, in whole or in part, its interest in any Project Property prior to completion of the applicable Project phase 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. 11. 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. 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 6 Page 55 of 644 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 substantial completion of the Improvements, 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. Each Project Property will have a taxable value as set forth in the corresponding MAA, and Company agrees that the minimum actual value of such property and completed Improvements thereon as stated in the MAA will be a reasonable estimate of the actual value of the such property and related 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 Project Property and related site improvements, will equal or exceed the assessor's minimum actual value for such Project Property and Improvements as set forth in the MAA. D. Until termination of an MAA, Company will maintain, preserve and keep the Project Properties, including but not limited to the related 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. E. 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 Project Properties owned by it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property that is determined by any tax official to be applicable to the Project Properties 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 Properties. 12. 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 Properties and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. if such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 13. Representations and Warranties of City. City hereby represents and warrants as follows: 7 Page 56 of 644 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. 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. 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 8 Page 57 of 644 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. 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 Properties 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 Properties 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 term 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 or the Phase 4 Lot and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property or Phase 4 Lot, 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. 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; 9 Page 58 of 644 B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, the Phase 4 Lot, 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 Project Properties; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or an MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Project Properties. 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. 18. 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 and/or Phase 4 Lot as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City io Page 59 of 644 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. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at P.O. Box 655, Waterloo, IA 50704, Attention: Jonathan Brundrett. 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 11 Page 60 of 644 transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. lf, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. 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. 28. Entire Agreement. This Agreement 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. 29. Time of Essence. Time is of the essence of this Agreement. 12 Page 61 of 644 thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. 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. 28. Entire Agreement. This Agreement 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. 29. 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 Attest: .alit Kel Felchl 1 City Clerk 5 BEES, LLC than Brundrett, Vand Spey ial Projects Director PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all 13 Page 62 of 644 promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. William Brundrett 14 n :than Brundrett Page 63 of 644 EXHIBIT "B" BUSINESS PROPERTY LEASE This Business Property Lease (the "Lease") is made and entered into as of 3,4.1 1.. , 2020, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and 5 Bees, LLC ("Tenant"), whose address for the purposes of this Lease is P.O. Box 655, Waterloo, Iowa, 50704. 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: Tax parcel no. 8913-25-453-005, in Waterloo, Iowa, at the northwesterly corner of Black Hawk Street and W. 18th Street, as legally described on Exhibit "A", with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term commencing upon the date hereof and continuing until and including December 31, 2024, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $ 1.00 , in advance, due upon signing of this Lease. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises only for lawful purposes in its current condition. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever, except as otherwise provided herein. 6. CARE AND MAINTENANCE OF PREMISES. Tenant takes said premises in their present condition. Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate on said premises, and it will remove same from the premises at its own expense. Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual removal from the premises, at its own expense, care for and maintain the premises in a reasonably safe and serviceable condition consistent with its own needs and pursuant to applicable law, ordinance or regulation. Tenant shall make no structural improvements without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for all necessary upkeep of lawns and grounds to keep the premises well - maintained. Tenant shall be responsible to clear ice and snow from all sidewalks on or abutting the premises. 7. FACILITY SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises. 15 Page 64 of 644 8. END OF TERM. This Lease shall terminate upon expiration of the original term in accordance with Section 1. Tenant agrees that upon the termination of this Lease it will surrender, yield up and deliver the leased premises as required by Sections 3 and 4. Tenant shall not continue to occupy the premises beyond the Lease term without the express prior written consent of Landlord. 9. ASSIGNMENT AND SUBLETTING. Tenant may assign this Lease or sublet the premises or any part thereof without the prior written consent of Landlord, but in any such instance shall provide written notice of such assignment or sublease to Landlord. 10. PROPERTY TAXES. The Property is currently tax exempt. Tenant shall be responsible to pay before delinquency any general property taxes that may be assessed against the Property during the Term hereof. 11. INSURANCE. (a) Tenant agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $1,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien. (c) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its successor office, and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, and to the extent not covered by insurance maintained by Landlord or Tenant, Tenant will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and against any and all claims, demands, causes of action, loss, costs, expenses, damages and liabilities of any type or nature (including but not limited to attorneys' fees and expenses) (each of the foregoing is a 'Claim") occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The foregoing indemnity shall include, but is not limited to, Claims of Tenant or any third party for loss, damage or destruction of any personal property or fixtures left on the premises after termination of the tenancy. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. 13. FIRE AND CASUALTY. In the event of a destruction or damage of the leased premises so that Tenant is not able to conduct its business on the premises, and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues and, each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. 14. CONDEMNATION. N/A. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term. Upon default by Tenant in accordance with the terms and provisions of this Lease, or upon Tenant's abandonment of the premises by failure to engage in business activities on the premises for more than fourteen (14) consecutive 16 Page 65 of 644 business days, this Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation and forfeiture Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited ten (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (b) Waiver as to any default shall not constitute a waiver of any other or subsequent default. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. N/A. 17. SIGNS. Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the leased premises, provided only that any and all signs shall comply with the ordinances of the municipality in which the property is located and with the laws of the State of Iowa. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs, salvaging or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code as codified in the State of Iowa upon all personal property, and all substitutions, replacements, accessories, and accessions thereto and thereof, kept and used on the leased premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent or for termination of this Lease because of Tenant's default in its performance. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right, from time to time during the term of this Lease, to sell or otherwise dispose of any personal property of the Tenant situated on the leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or unnecessary in connection with the operation of Tenant's business on the leased premises. 21. OTHER PROVISIONS. (a) The parties acknowledge that the leased premises are subject to several federal tax liens and/or judgment liens arising from a prior owner, which by the passage of time will lapse in 2024. If before the date of lapse any lien holder takes action to enforce its lien, Landlord agrees to work diligently to seek a release or discharge of such lien. After lapse, release or discharge of all liens, Landlord shall convey the leased premises to Tenant pursuant to the terms of a development agreement between the parties. 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 17 Page 66 of 644 24. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs, persona! representatives, successors, and assigns of the parties hereto; except that if any part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF, the parties hereto have duly executed this Business Property Lease as of the date first written above. LANDLORD TENANT City of Waterloo, Iowa 5 Bees, LLC By: Quentin Hart, Mayor Attest: 18 By: than Brundrett, VP an i Sp cial Pr.`-cts Director Page 67 of 644 EXHIBIT "1" Legal Description of Leased Premises HAYES ADDITION PARCEL I OF SE 1/4 SEC 25 T 89 R 13 LYING IN BLK 15 AND FORMALLY A PART OF PARCEL F AS SHOWN IN DOC 2007-014335 DESC AS COM AT SELY COR BLK 15 HAYES ADD TH N 49 DEG 01 MIN 25 SEC W 5 FT ALONG SLY LINE BLK 15 TO PT OF BEG TH N 24 DEG 27 MIN 43 SEC E 426.10 FT TO PT ON SWLY LINE OF PARCEL DEED B 545 P 381 PT BEING 75 FT NWLY OF ELY TERMINUS OF THAT LINE TH N 40 DEG 14 MIN 30 SEC W 154.78 FT ALONG PARCEL DESC CLD B 545 P 381 TH S 40 DEG 50 MIN 06 SEC W 259.58 FT ALONG A LINE PAR WITH AND 140 FT DISTANT TO ELY LINE BLK 16 HAYES ADD TO SLY LINE BLK 15 TH S 49 DEG 01 MIN 25 SEC E 222.28 FT ALONG SAID SLY LINE BLK 15 TO PT OF BEG EXC NWLY 45.94 FT IN EVEN WIDTH AS MEASURED ALONG NLY ROW LINE BLACK HAWK ST. 19 Page 68 of 644 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of J`^-,�i ;3. -a , by and among the CITY OF WATERLOO, IOWA ("City"), 5 BEES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake, or cause to be undertaken, the development of an area ("Project") within the Rath Urban Renewal and Redevelopment Plan area of the City; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon as a part of the Project shall not be less than $150,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties agree that construction of the Improvements will be substantially completed on or before December 31, 262.6 . If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates 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, ,ea 32.. Nothing herein shall be deemed to waive the Company's rights under Iowa Code 20 Page 69 of 644 § 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 Improvements in excess of the Minimum Actual Value. 3. Company agrees that 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. 4. 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. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA 5 BEES, LLC By: Quentin M. Hart, Mayor Attest: Kelley Fe hle, City Clerk ^• athan Brundrett, VP Siecial Projects Directs, STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this day of , 2020, before me, a Notary Public in and for the State of Iowa, personally peared Quentin M. 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 21 Page 70 of 644 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. o ►"` • ' • NANCY HIGBY COMMISSION NO.788229 MY COMMISSION EXPIRES STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on -_Jai as Vice President and Special Projects Director of 5 Bees, LLC. Notary Public TIM ANDERA COMMISSION NO. 772518 MY COMMISSION EXPIRES APRIL 11, 2021 7 22 , 2020 by Jonathan Brundrett Notary Public Page 71 of 644 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be Tess than One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK essor for Black Hawk County, Iowa Date Subscribed and sworn to before me one 264 ;` v-Xxcez , by T.J. Koenigsfeld, Assessor for Black Hawk County, Kowa. TIM ANDERA COMMISSION NO. 7725i 8 MY BOA MIRISSiON2EXPIRES Notary Public 23 Page 72 of 644 TERMINATION OF BUSINESS PROPERTY LEASE WHEREAS, the City of Waterloo, Iowa ("City") and 3 Little Lambs, LLC ("Company") are parties to a certain Business Property Lease (the "Agreement") concerning real property in Black Hawk County, Iowa, described as parcel no. 8913-25-453-005, and the parties desire to terminate the Lease. NOW, THEREFORE, the parties herby terminate the Lease as of the date hereof and state that the Lease shall have no further force or effect. Dated LLZAA l3 , 2020 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: 3 LITTLE LAMBS, LLC athan Brundrett M naging Member Page 73 of 644 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 September 3, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 26, 2024, and date of public hearing as October 7, 2024, in conjunction with Asbestos Abatement Services Project, Contract No. AB-2024-09-07P, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The properties in question were acquired by the City, including 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2nd St, and 1103 Commercial St. The properties are being abated of asbestos in preparation of demolition. NEIGHBORHOOD IMPACT The action is in preparation for demolition, which will remove blighted buildings in several neighborhoods. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate: $35,000. To be paid from Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 74 of 644 ATTACHMENTS 1. RFB Asbestos Abatement Services Contract AB-2024-09-07P 2. Exhibit C Asbestos Abatement Services Contract AB-2024-09-07P 3. Exhibit B Survey Reports pt 1 4. Exhibit B Survey Reports pt 2 5. Exhibit B Survey Reports pt 3 6. Notice Asbestos Abatement Services Contract AB-2024-09-07P Page 75 of 644 CITY OF WATERLOO, IOWA IC T�=� ..... 0 0 Request for Bid ASBESTOS ABATEMENT SERVICES September 2024 Asbestos Abatement Services Contract AB-2024-09-07P 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2nd St, and 1103 Commercial St City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 76 of 644 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for asbestos abatement services Contract AB- 2024-09-07P — 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2' St, and 1103 Commercial St. All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday September 26, 2024 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone: Asbestos Abatement Services Contract AB-2024-09-07P August 29, 2024 There will not be a mandatory walk thru. Bidders are advised/encouraged to make their own inspections prior to bid submittal. See Section 4.5 for additional details. Thursday September 26, 2024 at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES CONTRACT AB-2024-09-07P City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) aric.schroeder(a�waterloo-ia.orq Phone: 319-291-4366 1.2 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 Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFB RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-09-07P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2"a St, and 1103 Commercial St Page 2 of 10 Page 77 of 644 file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Bids will be opened on Thursday, September 26, 2024, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Channel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the contract could be as early as the City Council meeting on Monday, October 7, 2024 at 5:30 p.m. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime 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. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the proposal evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 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 bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-09-07P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2"a St, and 1103 Commercial St Page 3 of 10 Page 78 of 644 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately four (4) months anticipated to begin October 7, 2024, to February 7, 2025. 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. City's Project Manager may administratively approve up to four (4) one (1) week time period renewals. Further renewals will require approval of the City Council as an amendment to the Contract. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the 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 (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The 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 the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-09-07P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2"a St, and 1103 Commercial St Page 4 of 10 Page 79 of 644 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 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 under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and be submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB. 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. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2nd St, and 1103 Commercial St. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Bidder shall be responsible to familiarize itself with the specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-09-07P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2' St, and 1103 Commercial St Page 5 of 10 Page 80 of 644 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos surveys included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the City's Project Manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 The contractor that conducted asbestos surveys is eligible to perform asbestos abatement on the same properties, and therefore is eligible to bid on this RFB. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within the Contract Term (anticipated to be February 7). If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 4.5 A mandatory walkthrough will not be required, but bidders are advised/encouraged to make their own inspections prior to bid submittal. The Planning Department is not in possession of a key to most of the properties. We do have a key for 1103 Commercial St. We also have a key for 1335 Mulberry St, but it may not be needed and should be accessible. Properties may be boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you remove to attempt to maintain security. Please Note: some of these properties are in very poor condition, and may require careful methods (such as an extension ladder) to reach basements or upper levels. Use caution when entering the properties. Enter at your own risk. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-09-07P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2"a St, and 1103 Commercial St Page 6 of 10 Page 81 of 644 SECTION V GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - 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. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation 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 this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. 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. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-09-07P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2' St, and 1103 Commercial St Page 7 of 10 Page 82 of 644 otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its 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. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-09-07P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2nd St, and 1103 Commercial St Page 8 of 10 Page 83 of 644 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2nd St, and 1103 Commercial St. Total "lump sum" bid: $ Total bid in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of ninety (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-09-07P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2nd St, and 1103 Commercial St Page 9 of 10 Page 84 of 644 Our "not to exceed" bid price for each property is: Property Address Per Property Cost (bid) Total 1335 Mulberry Street $ 724 Lincoln Street $ 418 Oak Avenue $ 110 Chestnut Street $ 318 Bratnober Street $ 309 E 2nd Street $ 1103 Commercial Street $ Total Proposed Lump Sum Contract Amount: $ RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-09-07P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2"a St, and 1103 Commercial St Page 10 of 10 Page 85 of 644 EXHIBIT "C" DRAFT ASBESTOS ABATEMENT SERVICES CONTRACT #AB-2024-09-07P 1335 Mulberry Street, 724 Lincoln Street, 418 Oak Avenue, 110 Chestnut Street, 318 Bratnober Street, 309 E 2' Street, and 1103 Commercial Street This Contract for Asbestos Abatement Services (the "Contract") is entered into as of October 7, 2024, by and between the City of Waterloo, Iowa ("City") and . In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of October 7, 2024 thru February 7, 2024, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. Page 86 of 644 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within the term of the Contract, including any renewal extensions. 4. Performance Bond. Not required for this Contract. 4.1 Payment Bond. Not required for this Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees, agents, or elected officials, 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, agents and elected officials, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 8. Default; Termination for Cause. 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 (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and 2 Page 87 of 644 continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. 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. 9. Termination for Convenience. 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 by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 3 Page 88 of 644 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, 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. 14. General Terms. 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 pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk 4 Page 89 of 644 HAWKEYE ENVIRONMENTAL ASBESTOS INSPECTION REPORT 1335 Mulberry Street Waterloo, IA Project Report Dated: July 23rd, 2024 Qi U Page 90 of 644 HAWKEYE ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 91 of 644 HAWKEYE ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 1335 Mulberry Street Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION March 21, 2021 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 92 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 1335 Mulberry Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.goy/air/prof/asbestos/asbestos.html City of Waterloo Page 93 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed an asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential property. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspected asbestos building materials. City of Waterloo Page 94 of 644 HAWKEYE ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 1335 Mulberry Street Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity None Miscellaneous Materials Material Description Location Quantity Floor Tile & Mastic Off White / Black Kitchen 150 SF Duct Paper White Basement 4 boots, 40 LF Window Glazing White / Gray Exterior Wood Windows 12 EA Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. City of Waterloo Page 95 of 644 AWKEYE SAMPLE ANALYSIS 1335 Mulberry Street Waterloo, Iowa City of Waterloo Page 96 of 644 tie;% eurofins CEI July 18, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 1335 Mulberry Street CEI LAB CODE: B2413522 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on July 16, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 % asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp TESTING NVLAP LAB CODE 101768- 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 97 of 644 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 1335 Mulberry Street LAB CODE: B2413522 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 07/18/24 TOTAL SAMPLES ANALYZED: 25 # SAMPLES >1 % ASBESTOS: 5 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 98 of 644 tiff eurofins CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 1335 Mulberry Street LAB CODE: B2413522 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description 001 B2413522.01 White,Brown Asphalt Siding None Detected 002 B2413522.02 White,Black Asphalt Siding None Detected 003 B2413522.03 Tan,Black Shingle None Detected 004 B2413522.04 Red,Black Shingle None Detected 005 B2413522.05 Brown,Black Tarpaper None Detected 006 B2413522.06 Gray,Black Roof Tar None Detected 007 B2413522.07 Off-white,White Window Glazing Chrysotile 5% 008 B2413522.08 Gray,Off-white Window Glazing Chrysotile 3% 009 B2413522.09 Off-white Floor Tile Chrysotile 2% 010 B2413522.10 Black Mastic Chrysotile 3% 011 B2413522.11 Tan,Brown Wall Cover None Detected 012 B2413522.12 Gray,Gold Vermiculite Insulation None Detected 013 B2413522.13 Gray,Gold Vermiculite Insulation None Detected 014 B2413522.14 Gray,Gold Vermiculite Insulation None Detected 015 B2413522.15 White Duct Paper Chrysotile 65% 016 B2413522.16 White Joint Compound None Detected 017 B2413522.17 Gray,Tan Plaster None Detected 018 B2413522.18 Off-white Plaster Skim Coat None Detected 019 B2413522.19 Off-white,Tan Plaster None Detected 020 B2413522.20 Off-white Plaster Skim Coat None Detected 021 B2413522.21 Off-white,Tan Plaster None Detected 022 B2413522.22 Off-white Plaster Skim Coat None Detected 023 Layer 1 B2413522.23 Tan,Black Wallpaper None Detected Layer 2 B2413522.23 Off-white,Gray Mud None Detected 024 B2413522.24A Off-white,Gray Flooring None Detected B2413522.24B Yellow,Off- Mastic None Detected white 025 Layer 1 B2413522.25A Yellow,Off- Mastic None Detected white Layer 2 B2413522.25A Pink Flooring None Detected B2413522.25B Off-white Mastic None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 1 Page 99 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1335 Mulberry Street Lab Code: B2413522 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 001 Asphalt Siding B2413522.01 Heterogeneous 65% Cellulose White,Brown Fibrous Bound 5% Gravel 30% Tar None Detected 002 Asphalt Siding Heterogeneous 50% Fiberglass 15% Gravel B2413522.02 White,Black 35% Tar Fibrous Bound None Detected 003 Shingle Heterogeneous B2413522.03 Tan,Black Fibrous Bound 55% Fiberglass 15% Gravel 30% Tar None Detected 004 Shingle Heterogeneous 65% Cellulose 10% Gravel B2413522.04 Red,Black 25% Tar Fibrous Bound None Detected 005 Tarpaper Homogeneous 70% Cellulose 30% Tar None Detected B2413522.05 Brown,Black Fibrous Bound 006 Roof Tar Homogeneous 5% Cellulose 95% Tar None Detected B2413522.06 Gray, Black Fibrous Bound 007 Window Glazing Heterogeneous <1% Wollastonite 2% Paint B2413522.07 Off-white,White <1% Talc 93% Binder Fibrous Bound No caulk present, sample appears to be glazing. 5% Chrysotile 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 6 Page 100 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1335 Mulberry Street Lab Code: B2413522 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 008 Window Glazing B2413522.08 Heterogeneous Gray, Off-white Fibrous Bound No caulk present, sample appears to be glazing. 2% Paint 95% Binder 3% Chrysotile 009 Floor Tile Homogeneous B2413522.09 Off-white Fibrous Bound 98% Vinyl 2% Chrysotile 010 Mastic Homogeneous B2413522.10 Black Fibrous Bound 97% Tar 3% Chrysotile 011 Wall Cover B2413522.11 Heterogeneous 50% Cellulose 35% Vinyl Tan,Brown 15% Tar Fibrous Bound None Detected 012 Vermiculite Insulation Homogeneous <1% Cellulose 100% Vermiculite None Detected B2413522.12 Gray,Gold Fibrous Bound 013 Vermiculite Insulation Homogeneous <1% Cellulose 100% Vermiculite None Detected B2413522.13 Gray,Gold Fibrous Bound 014 Vermiculite Insulation Homogeneous <1% Cellulose 100% Vermiculite None Detected B2413522.14 Gray,Gold Fibrous Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 6 Page 101 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1335 Mulberry Street Lab Code: B2413522 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 015 Duct Paper B2413522.15 Homogeneous 5% Cellulose White Fibrous Bound 20% Binder 10% Calc Carb 65% Chrysotile 016 Joint Compound Homogeneous White Non -fibrous Bound B2413522.16 60% Binder 40% Calc Carb None Detected 017 Plaster Homogeneous <1% Cellulose 60% Silicates B2413522.17 Gray,Tan <1% Synthetic Fiber 25% Binder Fibrous <1% Hair 15% Calc Carb Bound None Detected 018 Plaster Skim Coat Homogeneous 65% Binder B2413522.18 Off-white 35% Calc Carb Non -fibrous Bound None Detected 019 Plaster Homogeneous <1% Cellulose 60% Silicates B2413522.19 Off-white,Tan <1% Synthetic Fiber 25% Binder Fibrous <1 % Hair 15% Calc Carb Bound None Detected 020 Plaster Skim Coat Homogeneous 65% Binder B2413522.20 Off-white 35% Calc Carb Non -fibrous Bound None Detected 021 B2413522.21 Plaster Homogeneous <1% Cellulose 60% Silicates Off-white,Tan <1% Synthetic Fiber 25% Binder Fibrous <1% Hair 15% Calc Carb Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 3 of 6 Page 102 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1335 Mulberry Street Lab Code: B2413522 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 022 Plaster Skim Coat B2413522.22 Homogeneous Off-white Non -fibrous Bound 65% Binder 35% Calc Carb None Detected 023 Layer 1 B2413522.23 Wallpaper Heterogeneous 50% Cellulose 15% Vinyl Tan,Black 10% Synthetic Fiber 25% Binder Fibrous Bound None Detected Layer 2 Mud Homogeneous 2% Cellulose 73% Binder B2413522.23 Off-white,Gray 25% Calc Carb Fibrous Bound None Detected 024 Flooring Heterogeneous 25% Cellulose 50% Vinyl B2413522.24A Off-white,Gray 25% Binder Fibrous Bound None Detected B2413522.24B Mastic Homogeneous 2% Cellulose 98% Mastic None Detected Yellow,Off-white Fibrous Bound 025 Layer 1 B2413522.25A Mastic Homogeneous 2% Cellulose 98% Mastic None Detected Yellow,Off-white Fibrous Bound Layer 2 Flooring Homogeneous 100% Vinyl None Detected B2413522.25A Pink Non -fibrous Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 4 of 6 Page 103 of 644 ., eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1335 Mulberry Street Lab Code: B2413522 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS Lab ID Description Attributes Fibrous Non -Fibrous ASBESTOS B2413522.25B Mastic Homogeneous Off-white Fibrous Bound 5% Cellulose 95% Mastic None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 5 of 6 Page 104 of 644 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: V-9/ APPROVED BY: i Lewis WinfieldTianbao Bai, Ph.D., CIH Laboratory Director NVLAp® TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 6 of 6 Page 105 of 644 q:eurofins CEI 730 SE Maynard Road, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: CEI Lab Code: L : C ti(3 �7 7 CEI Lab I.D. Range: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #: Job Contact: Company: Hawkeye Environmental Email / Tel: Address: 814 wood lily road, Solon, IA 52333 Project Name: City Of Waterloo Project 1D#: 1335 M J b s.rry S4 r-c e—± Email: Cody@HawkeyeEnv.com PO #: Tel: 319-930-8044 Fax: STATE SAMPLES COLLECTED IN:7;.\ IF TAT IS NOT MARKED STANDARD 3 DAY TAT APPLIES. ASBESTOS METHOD TURN AROUND TIME 4 HR 8 HR 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 1 I I I 1 1 CI I I PLM POINT COUNT (400) EPA 600 M M • 0 0 °LM POINT COUNT (1000) EPA 500 17 n 0 1-1 1 I I -I PLM GRAV w POINT COUNT EPA 600 0 0 0 ILI MI PLM BULK CARB 435 °"' (♦ 1 I (■ (♦ 1 I PCM AIR' NIOSH 7400 El 1 1 1. Cl M TEM AIR EPA AHERA 11 )■ 11 i. I I n TEM AIR NIOSH 7402 M 0 M 0 Fl TEM AIR (PCME) ISO 10312 1 11 11 I I 1 1 TEM AIR ASTM 6281-15 M I I M 0 • • TEM BUSK CHATFIELD -" sa n 0 1 1 (• TEM DUST WIPE ASTM D6480-05 (2010) - I 1 in . (• I 1 TEM DUST MICROVAC ASTM D5755-09 (2014) M I 1 1l M I 1 I 1 TEM SOIL ASTM 07521-16 0 1• P1 0 TEM VERMICULITE CINCINNATI METHOD . • 7 1 1 TEM QUALITATIVE IN-HOUSE METHOD 1• M 0 0 OTHER, (■ 1 1 0 I. 'Blanks should be taken from the same sample lot as field samples. REMARKS / SPECIAL INSTRUCTIONS: ill Accept Samples MI Reject Samples Relinquished. By: DatelTime Received By: W 42$ 7/1 /ai c-' Boa / 1 LQ woo Samples will be disposed of 30 days after analysis Page 1 of (17`lU q551 (01101 Version: CCOC.01.18.112.LD Page 106 of 644 ti •ti eurofins CEI SAMPLING FORM Company: Hawkeye Environmental Project Name: Project ID #: Job Contact: Tel SAMPLE ID# DESCRIPTION I LOCATION VOLUME/ AREA TEST GOA AShersl4 Si,in PLM TEM 1 r dot rQ k\ oLS�b► si h� PLM TEM I OCZ, SVlir k PLM TEM 1 1 no'-{ SSn, PLM TEM 1 1 I I Ob5 �Lc_ PLM TEM f 1 I I c i r"pri" r-o 04 46,.r PLM TEM 1 I I I CX)7 1,334".11n1.-) rLA-LA [14-ir PLM TEM 1 j I I CYO-b.1�� r-v Z1, J PLM TEM I I ( I brJ"1 J 9" 1; [c (44r c„,) f DSg PLM TEM 1 I 0l0 ilAtq 4- c PLM TEM J Dll y io.l] C.ovU'r t3cssdr, PLM TEM 1 1 I 1 OlZ. II `J utrev.;Lul �-c. PLM TEM 1 J 1 1 �j17� PLM TEM 1 I 1 J 1� "I PLM TEM r 1 1 1 C'�L5 C1vc.-i• -p�PPf PLM TEM 1 1 1 01F1 JAi,�� CArhpnri it -A PLM TEM 1 1 1 1 U 11 pIcA.s-{-cr- PLM TEM [ 1 1 I n l( 51N:,N. PLM TEM 1 I 1 J C3I`l pie.s4rr PLM TEM 1 I 1 1 a7_b SIB-', K,A, PLM TEM 1 1 1_ I bZ I 0.c.s-tcf PLM TEM 1 1 1 1 62 7 S V-. ; "A PLM TEM 1 1 1 J dZ11 ItiA 0 po+Ptr' ( V.-, 4-Lte-e.o) PLM TEM 1 1 I I _ 474 -P-16or;n(,jnv,Fir. --1-o5 PLM TEM 1 ! 1 I CZ q It C ,-RN - b PLM TEM I 1 1 I PLM L 1 TEM TEM PLM 1 1 1 1 PLM 1 I TEM 1 Page of Version: CCOC.01.18.212,LD Page 107 of 644 Page 108 of 644 HAWKEYE ENVIRONMENTAL ASBESTOS INSPECTION REPORT 724 Lincoln Street Waterloo, IA Project Report Dated: July 23rd, 2024 City of Waterloo Page 109 of 644 HAWKEYE ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 110 of 644 HAWKEYE ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 724 Lincoln Street Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION July 14, 2024 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 111 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 724 Lincoln Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.goy/air/prof/asbestos/asbestos.html City of Waterloo Page 112 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed an asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential property. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspected asbestos building materials. City of Waterloo Page 113 of 644 HAWKEYE ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 724 Lincoln Street Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity None Miscellaneous Materials Material Description Location Quantity Duct Paper White Basement 150 LF Cementitious Siding (Transite) White Exterior 2,700 SF Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. City of Waterloo Page 114 of 644 CHAWKEYE .6‘.--rENIN,11=111:31\11VIENITAI- BULK SAMPLE ANALYSIS 724 Lincoln Street Waterloo, Iowa City of Waterloo Page 115 of 644 tie;% eurofins CEI July 18, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 724 Lincoln Street CEI LAB CODE: B2413524 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on July 16, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 % asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp TESTING NVLAP LAB CODE 101768- 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 116 of 644 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 724 Lincoln Street LAB CODE: B2413524 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 07/18/24 TOTAL SAMPLES ANALYZED: 18 # SAMPLES >1 % ASBESTOS: 2 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 117 of 644 tiff eurofins CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 724 Lincoln Street LAB CODE: B2413524 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description 001 Layer 1 B2413524.01A Brown,Black Shingle None Detected Layer 2 B2413524.01A Tan,Black Shingle None Detected B2413524.01B Black Shingle None Detected 002 B2413524.02 No Sample Present in Sample Container 003 B2413524.03 White,Off-white Cementitious Siding Chrysotile 15% 004 B2413524.04 Silver,Tan Vapor Barrier None Detected 005 B2413524.05 White Window Glazing None Detected 006 B2413524.06 Off-white Duct Paper Chrysotile 65% 007 B2413524.07 Off-white,Tan Plaster None Detected 008 B2413524.08 White Plaster Skim Coat None Detected 009 B2413524.09 Off-white,Tan Plaster None Detected 010 B2413524.10 White Plaster Skim Coat None Detected 011 B2413524.11 Off-white,Tan Plaster None Detected 012 B2413524.12 White Plaster Skim Coat None Detected 013 B2413524.13 White,Off-white Texture None Detected 014 B2413524.14 White,Off-white Texture None Detected 015 B2413524.15 White,Off-white Texture None Detected 016 Layer 1 B2413524.16 Yellow,Tan Mastic None Detected Layer 2 B2413524.16 White Mud None Detected 017 B2413524.17A Orange,Tan Linoleum None Detected B2413524.17B Tan Mastic None Detected 018 B2413524.18A Off-white Linoleum None Detected B2413524.18B Yellow,Tan Mastic None Detected 019 B2413524.19 Gray,Black Linoleum None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 1 Page 118 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 724 Lincoln Street Lab Code: B2413524 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab ID Lab Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS 001 Layer 1 B2413524.01 A Shingle Heterogeneous Brown,Black Fibrous Bound 60% Fiberglass 15% Gravel 25% Tar None Detected Layer 2 Shingle B2413524.01 A Heterogeneous Tan,Black Fibrous Bound 60% Fiberglass 15% Gravel 25% Tar None Detected B2413524.01 B Shingle Heterogeneous Black Fibrous Bound 50% Fiberglass 15% Gravel 35% Tar None Detected 002 No Sample Present in B2413524.02 Sample Container 003 Cementitious Siding B2413524.03 Heterogeneous White,Off-white Fibrous Tightly Bound 85% Binder 15% Chrysotile 004 Vapor Barrier B2413524.04 Heterogeneous 85% Cellulose Silver,Tan Fibrous Bound 10% Binder 5% Metal Foil None Detected 005 Window Glazing B2413524.05 Heterogeneous White Fibrous Bound 3% Wollastonite 65% Binder 2% Talc 30% Calc Carb 006 Duct Paper B2413524.06 Homogeneous 5% Cellulose Off-white Fibrous Bound 30% Binder None Detected 65% Chrysotile 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 5 Page 119 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 724 Lincoln Street Lab Code: B2413524 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab ID Lab Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS 007 Plaster B2413524.07 Homogeneous Off-white,Tan Fibrous Bound <1% Cellulose 65% <1% Synthetic Fiber 25% <1% Hair 10% Silicates Binder Calc Carb None Detected 008 Plaster Skim Coat B2413524.08 Homogeneous White Non -fibrous Bound 65% Binder 35% Calc Carb None Detected 009 Plaster B2413524.09 Homogeneous Off-white,Tan Fibrous Bound <1% Cellulose 65% <1% Synthetic Fiber 25% <1% Hair 10% Silicates Binder Calc Carb None Detected 010 Plaster Skim Coat B2413524.10 Homogeneous White Non -fibrous Bound 65% Binder 35% Calc Carb None Detected 011 B2413524.11 Plaster Homogeneous Off-white,Tan Fibrous Bound <1% Cellulose 65% <1% Synthetic Fiber 25% <1 % Hair 10% Silicates Binder Calc Carb None Detected 012 Plaster Skim Coat B2413524.12 Homogeneous White Non -fibrous Bound 65% Binder 35% Calc Carb None Detected 013 Texture B2413524.13 Heterogeneous White,Off-white Non -fibrous Bound <1% Wollastonite 5% 60% 35% Vermiculite Binder Calc Carb None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 5 Page 120 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 724 Lincoln Street Lab Code: B2413524 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 014 Texture B2413524.14 Heterogeneous <1% Wollastonite 5% Vermiculite White,Off-white 60% Binder Non -fibrous 35% Calc Carb Bound None Detected 015 Texture Heterogeneous <1% Wollastonite 5% Vermiculite White,Off-white 60% Binder Non -fibrous 35% Calc Carb Bound B2413524.15 None Detected 016 Layer 1 B2413524.16 Mastic Homogeneous <1% Wollastonite 100% Mastic None Detected Yellow,Tan <1% Cellulose Fibrous Bound Layer 2 Mud Homogeneous 10% Wollastonite 60% Binder B2413524.16 White 30% Calc Carb Fibrous Bound None Detected 017 Linoleum Heterogeneous 5% Fiberglass 50% Vinyl B2413524.17A Orange,Tan 15% Cellulose 30% Binder Fibrous Bound None Detected B2413524.17B Mastic Homogeneous 5% Cellulose 95% Mastic None Detected Tan Fibrous Bound 018 Linoleum Heterogeneous 25% Fiberglass 50% Vinyl B2413524.18A Off-white 5% Cellulose 10% Binder Fibrous 10% Calc Carb Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 3 of 5 Page 121 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 724 Lincoln Street Lab Code: B2413524 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous B2413524.18B Mastic Homogeneous 2% Cellulose Yellow,Tan Fibrous Bound 98% Mastic None Detected 019 Linoleum Heterogeneous 65% Cellulose 15% Vinyl B2413524.19 Gray,Black 20% Tar Fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 4 of 5 Page 122 of 644 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: V-9/ APPROVED BY: i Lewis WinfieldTianbao Bai, Ph.D., CIH Laboratory Director NVLAp® TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 5 of 5 Page 123 of 644 eurofins •tie. 730 SE Maynard Road, Cary, NC 27511 Tel : 866-481-1412 Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: CEI Lab Code: Z 1. CEI Lab I.D. Range: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #: Job Contact: Company: Hawkeye Environmental Email / Tel: Address: 814 wood lily road, Solon, IA 52333 Project Name.. City of Waterloo Project ID#: --/ I-{ L•, vt,„ S4r-e.c-4 Email: Cody a@HawkeyeEnv.com PO # Tel: 319-930-8044 Fax STATE SAMPLES COLLECTED IN:—/-e IF TAT IS NOT MARKED STANDARD 3 DAY TAT APPLIES. Illdligligailli METHOD TURN AROUND TIME 4 H:2 8 HR 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 I I I I XJ 11 I■ PLM POINT COUNT (400) EPA 600 ❑ ❑ ❑ I 1 Mi M PLM POINT COUNT (1000) EPA 600 L ❑I ❑ — ❑ PLM GRAY w POINT COUNT EPA 600 ❑ ❑ I ' ❑ PLM BULK GARB 435 Li I i PCM AIR' NIOSH 7400 M ❑ ❑MI 1 1 ❑ TEM AIR EPA AHERA I I I I 1 I 11 ❑ i♦ TEM AIR NIOSH 7402 ❑ M I■ . M M TEM AIR (PCME) 150 10312 ❑ I I ❑ I♦ M INi TEM AIR ASTM 6281-15 1] E ❑ ❑ ❑ i♦ TEM BULK CHATFIELD 1 I I I ❑ M M TEM DUST WIPE ASTM D6480-05 (2010) ❑ ❑ ❑ L1 ii'♦ • TEM DUST MICROVAC ASTM D5755-09 (2014) I I I 1 I-1 I I Ii'• MI TEM SOIL ASTM D7521-16 I I I■ M M TEM VERMICULITE CINCINNATI METHOD ❑ I I I I I♦ TEM QUALITATIVE IN-HOUSE METHOD . ❑ ❑ ❑ . OTHER: ❑ I I L_J M 1• M yanks should be taken from the same sample lot as field samples. REMARKS / SPECIAL INSTRUCTIONS: azAccept Samples Samples I I Reject Relinquished By: Date/Time Received By: D im:. C.,,e /44-0t.a.e57_ 7/11--(l!aq c r T/ R 1 C OO amples will be disposed of 30 days after analysis Page 1 of c)1551 C_D�� Version: CCOC.01.18.1/2.LD Page 124 of 644 eurofins ti• CEI SAMPLING FORM COMPANY CONTACT INFOR Company: Hawkeye Environmental Project Name: Job Contact: Project ID #: Tel SAMPLE ID# DESCRIPTION 1 LOCATION VOLUME! AREA TEST k SLrsf1c l,G P L M T E M 1 1 l 1 C707, it cr PLM TEM 1 1 1 1 003 C..t SifDlnc� PLM TEM 1 I 1 1 Qa-i ,rl,4- 'Iur brnrrLi- PLM TEM 1 1 1 1)0G 1 r.. rip PLM TEM 1 I 1 1 Ob�sA .11 u.) IUna.i r Cr L 6 "'�-5 too IS PLM TEM f 1 I 1 (1)0-7 pa* PLM TEM 1 1 1 1 Ct74i Q\.�S SL1 w. PLM TEM 1 ] 1 I c PLM TEM 1 1 1 1 010 F`1rn.S4-{�' S/--51vtn PLM TEM I 01 \ - - r PLM TEM 1 1 1 I 0 i1i b+F-:i (In. PLM TEM 1 1 313 At.r-C, C Z''4 ) PLM TEM 1 ] L I 0V-i r PLM TEM 1 1 1 I 0115 t _.--1--- PLM TEM 1 1 1 1 /! 0 t b `( wc, I\ MI,A4- (. C7 r r7 PLM TEM 1 1 1 1 017 1:evcAe,cdw� �G.•,i-(�CCr, 1st s . PLM TEM 1 1 0 l,E5 n Z lo cr-41^} PLM TEM 1 I 1 OIAl " CZ - t 67,64 PLM TEM 1 1 1 J pdf7fh) PLM TEM 1 1 1 1 PLM TEM 1 1 1 I PLM TEM f 1 I 1 PLM TEM 1 1 I— PLM TEM 1 1 1 1 PLM TEM 1 1 1 I PLM TEM 1 1 1 I PLM TEM 1 1 [ 1 PLM TEM 1 1 1 I Page of Version: CCOC.01.18.2I2.LD Page 125 of 644 HAWKEYE ASBESTOS INSPECTION REPORT 418 Oak Avenue Waterloo, IA Project Report Dated: July 23rd, 2024 it o VVatero^ Page 126 of 644 HAWKEYE ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 127 of 644 HAWKEYE ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 418 Oak Avenue Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION July 14, 2024 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 128 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 418 Oak Avenue, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.goy/air/prof/asbestos/asbestos.html City of Waterloo Page 129 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed an asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential property. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspected asbestos building materials. City of Waterloo Page 130 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 418 Oak Avenue Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity None Miscellaneous Materials Material Description Location Quantity Duct Paper Off White Basement & In -wall ducts to 2nd floor 8 Boots, 80 LF Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. City of Waterloo Page 131 of 644 CHAWKEYE .6‘.--rENIN,11=111:31\11VIENITAI- BULK SAMPLE ANALYSIS 418 Oak Avenue Waterloo, Iowa City of Waterloo Page 132 of 644 tie;% eurofins CEI July 18, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 418 Oak Avenue CEI LAB CODE: B2413521 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on July 16, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 % asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp TESTING NVLAP LAB CODE 101768- 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 133 of 644 0 eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 418 Oak Avenue LAB CODE: B2413521 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 07/18/24 TOTAL SAMPLES ANALYZED: 21 # SAMPLES >1 % ASBESTOS: 1 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 134 of 644 tiff eurofins CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 418 Oak Avenue LAB CODE: B2413521 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description 001 B2413521.01 Gray,Black Shingle None Detected 002 B2413521.02 Red,Black Shingle None Detected 003 B2413521.03 Brown,Black Tarpaper None Detected 004 B2413521.04 Gray,Brown Rolled Roof None Detected 005 B2413521.05 White,Off-white Duct Paper Chrysotile 65% 006 B2413521.06 White,Blue Window Caulking None Detected 007 B2413521.07 White Window Glazing None Detected 008 B2413521.08 Off-white,Tan Plaster None Detected 009 B2413521.09 White Plaster Skim Coat None Detected 010 B2413521.10 Off-white,Tan Plaster None Detected 011 B2413521.11 White Plaster Skim Coat None Detected 012 B2413521.12 Off-white,Tan Plaster None Detected 013 B2413521.13 White Plaster Skim Coat None Detected 014 B2413521.14 White,Tan Drywall None Detected 015 B2413521.15 Off-white Tape None Detected 016 B2413521.16 White Joint Compound None Detected 017 B2413521.17 Gray,Brown Insulation None Detected 018 B2413521.18A Tan,White Floor Tile None Detected B2413521.18B Clear Mastic None Detected 019 B2413521.19A White,Gray Floor Tile None Detected B2413521.19B Clear,Off-white Mastic None Detected 020 B2413521.20A Off-white Floor Tile None Detected B2413521.20B Clear Mastic None Detected 021 B2413521.21A Yellow,Off- Linoleum None Detected white B2413521.21B Off-white Mastic None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 1 Page 135 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 418 Oak Avenue Lab Code: B2413521 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 001 Shingle B2413521.01 Heterogeneous 55% Cellulose Gray,Black Fibrous Bound 15% Gravel 30% Tar None Detected 002 Shingle Heterogeneous 60% Cellulose 15% Gravel B2413521.02 Red,Black 25% Tar Fibrous Bound None Detected 003 Tarpaper Homogeneous 75% Cellulose 25% Tar None Detected B2413521.03 Brown,Black Fibrous Bound 004 Rolled Roof Heterogeneous 65% Cellulose 10% Gravel B2413521.04 Gray,Brown 25% Tar Fibrous Bound 005 Duct Paper Heterogeneous 5% Cellulose <1 % Paint B2413521.05 White,Off-white 30% Binder Fibrous Bound None Detected 65% Chrysotile 006 Window Caulking Heterogeneous <1% Paint B2413521.06 White,Blue 100% Caulk Non -fibrous Bound None Detected 007 Window Glazing Homogeneous <1% Wollastonite 65% Binder None Detected B2413521.07 White 35% Calc Carb Non -fibrous Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 5 Page 136 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 418 Oak Avenue Lab Code: B2413521 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab ID Lab Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS 008 Plaster B2413521.08 Homogeneous Off-white,Tan Fibrous Tightly Bound <1% Cellulose 60% <1% Synthetic Fiber 30% <1% Hair 10% Silicates Binder Calc Carb None Detected 009 Plaster Skim Coat B2413521.09 Homogeneous White Non -fibrous Bound 65% Binder 35% Calc Carb None Detected 010 Plaster B2413521.10 Homogeneous Off-white,Tan Fibrous Tightly Bound <1% Cellulose 60% <1% Synthetic Fiber 30% <1% Hair 10% Silicates Binder Calc Carb None Detected 011 Plaster Skim Coat Heterogeneous B2413521.11 White Non -fibrous Bound 5% 60% 35% Paint Binder Calc Carb None Detected 012 Plaster B2413521.12 Homogeneous Off-white,Tan Fibrous Tightly Bound <1% Cellulose 60% <1% Synthetic Fiber 30% <1 % Hair 10% Silicates Binder Calc Carb None Detected 013 Plaster Skim Coat B2413521.13 Heterogeneous White Non -fibrous Bound 5% 60% 35% Paint Binder Calc Carb None Detected 014 Drywall B2413521.14 Heterogeneous White,Tan Fibrous Bound 15% Cellulose 85% Gypsum None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 5 Page 137 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 418 Oak Avenue Lab Code: B2413521 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 015 Tape B2413521.15 Homogeneous Off-white Fibrous Bound 95% Fiberglass 5% Binder None Detected 016 Joint Compound Heterogeneous White Non -fibrous Bound B2413521.16 60% Binder 40% Calc Carb <1% Paint None Detected 017 Insulation Homogeneous 100% Cellulose B2413521.17 Gray, Brown Fibrous Loosely Bound None Detected 018 Floor Tile Homogeneous 100% Vinyl None Detected B2413521.18A Tan, W h ite Non -fibrous Bound B2413521.18B Mastic Homogeneous 2% Cellulose 98% Mastic None Detected Clear Fibrous Bound 019 Floor Tile Homogeneous 100% Vinyl None Detected B2413521.19A White,Gray Non -fibrous Bound B2413521.19B Mastic Homogeneous 2% Cellulose 98% Mastic None Detected Clear,Off-white Fibrous Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 3 of 5 Page 138 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 418 Oak Avenue Lab Code: B2413521 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 020 Floor Tile B2413521.20A Homogeneous Off-white Non -fibrous Bound 100% Vinyl None Detected B2413521.20B Mastic Homogeneous 2% Cellulose 98% Mastic None Detected Clear Fibrous Bound 021 Linoleum Heterogeneous 25% Cellulose 50% Vinyl B2413521.21A Yellow,Off-white 10% Fiberglass 15% Binder Fibrous Bound None Detected B2413521.21B Mastic Homogeneous 5% Cellulose 95% Mastic None Detected Off-white Fibrous Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 4 of 5 Page 139 of 644 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: V-9/ APPROVED BY: i Lewis WinfieldTianbao Bai, Ph.D., CIH Laboratory Director NVLAp® TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 5 of 5 Page 140 of 644 eurofins ti. 730 SE Maynard Road, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: CEI Lab Code: t 3 -7 CEI Lab I.D. Range: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #: Job Contact: company Hawkeye Environmental Email / Tel Address 814 wood lily road, Solon, IA 52333 Project Name: C; o-i 1/NI�1 a-�j- vo i Project ID#: 1-1 (� C7n Ill. A v c-nt_PC— Email. Cody@HawkeyeEnv.com PO # Tel 319-930-8044 Fax STATE SAMPLES COLLECTED IN:c..� IF TAT IS NOT MARKED STANDARD 3 DAY TAT APPLIES. ASBESTOS METHOD TURN AROUND TIME 4 HR 8 HR 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 I 1 ❑ LJ 1J ' I 1 PLM POINT COUNT (400) EPA 600 M I 1 ❑ ❑ • PLM POINT COUNT r1000i EPA 600 LI L_I Li I1 El PLM GRAY w POINT COUNT EPA 600 ❑ M MI ❑ PLM BULK CARB 435 • 1 I IN 1 1 n PCM AIR' NIOSH 7400 ❑ ❑ ❑ 1 1 ❑ 1 .1 TEM AIR EPA AHERA M 11 11 1 1 L 1 I TEM AIR NIOSH 7402 M M ❑ 1 1NI . TEM AIR (PCMEJ 150 10312 I I I ❑ 77 1 1 ❑' TEM AIR ASTM 6281-15 1.1❑ M 1 I. M TEM BULK CHATFIELD :.,� 11 M 1 1 fl TEM DUST WIPE ASTM D6480-05 (2010) 1 1 1 1 M i 1 1 1 I I TEM DUST MICROVAC ASTM 05755-09 (2014) I 1 I. 1 I MI1 1 U TEM SOIL ASTM D7521-16 „... _, ,,),' M ❑ I I TEM VERMICULITE CINCINNATI METHOD M 1 1 ❑ M TEM QUALITATIVE IN-HOUSE METHOD F i-c ❑ ❑ ❑ I■ M OTHER: 1 1 1 11 ❑ ❑ L_I 'Blanks should be taken from the same sample lot as held samples. REMARKS / SPECIAL INSTRUCTIONSCr : Accept Samples I I Reject Samples irRelinquished By: Date/Time Received By: Date/Time cr y --i/ILI /ad C [ `~7 (I U i C :2) v i Samples will be disposed of 30 days after analysis Page of /110 q551 nic1 Version. CCOC.01.18.1/2.LD Page 141 of 644 eurofins CEI SAMPLING FORM COMPANY CONTACT INFORMATION Company. Hawkeye Environmental Job Contact: Project Name: Project ID #: Tel: SAMPLE ID# DESCRIPTION 1 LOCATION VOLUME/ AREA TEST OC?� S`"1nq`c_. PLM F� TEM OCA Slntnwrl� PLM TEM I J OCR 1-u.- PLM TEM r I I J Cpl-i p-„QeC rd. (Ic) rbo- (per.dj,z\ PLM TEM 1 DOg 11 j r1(.r ; rvM tY b.. s PLM TEM 1 1 I J �‘ &Ter L.4'+r•c�o,_, llwli+;n PLM TEM [ 1 j 1 CYO'? W% i'v n.-a u"Z{iru PLM TEM 1 °WI- F` 0.. i-cf' J PLM TEM [ L ! 0061 5tt.Iiv. PLM TEM 1 1 r 410 �lQs-I-rs' PLM TEM 1 1 1 I pI; Su.2w, PLM TEM 1 1 1 I O s7_ IAo.SA-r PLM TEM I I [ I 0 (3 Ski,�,� PLM TEM 1 1 1 J 0Iy rYwr+ti PLM TEM 1 1 1 C�LS .-L,Ape PLM TEM I I 1 C) i b C.01,n vM! PLM TEM 1 1 { j O( Ro bkown innSuIrr-4-1`¢ PLM TEM [ 1 1 J Ult -0.00r V\t- \Si' \o -t-) PLM TEM L 1 1 I 0lh(lege\(,or 3r11L lsir Liz) PLM TEM I 1 1 I (>Z0 �`oot k.Ie_ tiSt' 1.,;k PLM TEM 1 1 1 1 C>�l 1:,aAGu Mn L'Z'-bv-+) PLM TEM 1 1 1 ] PLM TEM 1 1 1 1 PLM TEM [ 1 1 PLM TEM 1 I 1 1 PLM TEM [ ] 1 ] PLM TEM I 1 1 J PLM TEM [ j 1 J PLM TEM I I 1 I Page of Version, CCOC.01.18.2/2.LD Page 142 of 644 HAWKEYE ENVIRONMENTAL ASBESTOS INSPECTION REPORT 110 Chestnut Street Street Waterloo, IA Project Report Dated: July 23, 2024 it o Water o. Page 143 of 644 HAWKEYE ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 144 of 644 HAWKEYE ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 110 Chestnut Street Street Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION July 14, 2024 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 145 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 110 Chestnut Street Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.goy/air/prof/asbestos/asbestos.html City of Waterloo Page 146 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed an asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential property. The property is in poor condition for its age and state of use. The property is overgrown with trees, shrubs, and vines. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspected asbestos building materials. City of Waterloo Page 147 of 644 HAWKEYE ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 110 Chestnut Street Street Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity None Miscellaneous Materials Material Description Location Quantity Chimney Tar & Flashing Tar Gray Chimney & Dormers 60 LF Duct Paper Gray Basement- Supply & return seams 100 LF Asphalt Siding Beige / Black Exterior Siding 2,300 SF Light Backing White Kitchen 1 EA Floor Tile (no mastic) Gray Front Entry 150 SF Materials Containing <1% Asbestos Material Description Location Quantity Foundation Skim Coating White Basement / Interior * Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. * Materials which contain less than 1% asbestos are not considered "asbestos containing materials" per Iowa DNR and EPA regulations. However, OSHA considers materials with any asbestos content to be a potential hazard. Contractors shall be required to comply with all OSHA regulations regarding removal of materials or demolition of structures with materials containing less than 1% asbestos. City of Waterloo Page 148 of 644 AWKEYE SAMPLE ANALYSIS 110 Chestnut Street Street Waterloo, Iowa City of Waterloo Page 149 of 644 tie;% eurofins CEI July 19, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 110 Chestnut Street CEI LAB CODE: B2413523 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on July 16, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 % asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp TESTING NVLAP LAB CODE 101768- 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 150 of 644 0 eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 110 Chestnut Street LAB CODE: B2413523 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 07/19/24 TOTAL SAMPLES ANALYZED: 23 # SAMPLES >1 % ASBESTOS: 5 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 151 of 644 tiff eurofins CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 110 Chestnut Street LAB CODE: B2413523 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description 001 B2413523.01 Black,Beige Asphalt Siding Chrysotile 5% 002 Layer 1 B2413523.02 Black,Gray Shingle None Detected Layer 2 B2413523.02 Black Tarpaper None Detected 003 B2413523.03 Black,Red Shingle None Detected 004 B2413523.04 Black Flashing Tar Chrysotile 10% 005 B2413523.05 Off-white, Duct Paper Cream Chrysotile 65% 006 B2413523.06 Off-white, Spray Texture Cream None Detected 007 B2413523.07 Off-white, Spray Texture Cream None Detected 008 B2413523.08 Off-white, Spray Texture Cream None Detected 009 B2413523.09 Off-white,Gray Glazing None Detected 010 B2413523.10 Off-white,Gray Light Backing Chrysotile 60% 011 B2413523.11 Off-white,Gray Plaster None Detected 012 B2413523.12 Off-white, Skim Cream None Detected 013 B2413523.13 Off-white,Gray Plaster None Detected 014 B2413523.14 Off-white, Skim None Detected Cream 015 B2413523.15 Off-white,Gray Plaster None Detected 016 B2413523.16 Off-white, Skim Cream None Detected 017 B2413523.17 Cream,Brown Ceiling Tile None Detected 018 B2413523.18 Cream,Brown Insulation None Detected 019 B2413523.19 Off-white,White Foundation Skim Chrysotile <1% 020 B2413523.20 Cream,Tan Linoleum None Detected 021 B2413523.21 Cream,Tan Floor Tile None Detected 022 B2413523.22A Gray Floor Tile Chrysotile 5% B2413523.22B Brown,Tan Mastic None Detected 023 B2413523.23 Gray,Black Shingle None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 1 Page 152 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: B2413523 814 Wood Lily Road Date Received: 07-16-24 Solon, IA 52333 Date Analyzed: 07-18-24 Date Reported: 07-19-24 Project: City of Waterloo, 110 Chestnut Street ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 001 Asphalt Siding Heterogeneous 55% Cellulose 10% Gravel B2413523.01 Black,Beige 30% Tar Fibrous Bound 002 Layer 1 B2413523.02 Shingle Heterogeneous 50% Cellulose 10% Gravel Black,Gray 40% Tar Fibrous Bound None Detected Layer 2 Tarpaper Heterogeneous 70% Cellulose 30% Tar None Detected B2413523.02 Black Fibrous Bound 003 Shingle Heterogeneous 50% Cellulose 10% Gravel B2413523.03 Black,Red 40% Tar Fibrous Bound 004 Flashing Tar Heterogeneous 25% Cellulose 65% Tar B2413523.04 Black Fibrous Bound 005 Duct Paper Heterogeneous 30% Cellulose B2413523.05 Off-white,Cream Fibrous Bound 5% Paint None Detected 10% Chrysotile 65% Chrysotile 006 Spray Texture Heterogeneous 5% Cellulose 30% Perlite B2413523.06 Off-white,Cream 5% Paint Non -fibrous 60% Calc Carb Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 5 Page 153 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 110 Chestnut Street Lab Code: B2413523 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-19-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 007 Spray Texture B2413523.07 Heterogeneous 5% Cellulose Off-white,Cream Non -fibrous Bound 30% Perlite 5% Paint 60% Calc Carb None Detected 008 Spray Texture Heterogeneous 5% Cellulose 30% Perlite Off-white,Cream 5% Paint Non -fibrous 60% Calc Carb Bound B2413523.08 None Detected 009 Glazing Heterogeneous <1% Cellulose 15% Silicates B2413523.09 Off-white,Gray 7% Talc 5% Paint Fibrous 73% Binder Bound 010 Light Backing Heterogeneous 30% Cellulose 10% Metal Foil B2413523.10 Off-white,Gray Fibrous Bound None Detected 60% Chrysotile 011 B2413523.11 Plaster Heterogeneous <1% Cellulose 35% Silicates Off-white,Gray 65% Binder Non -fibrous Bound None Detected 012 Skim Heterogeneous <1% Cellulose 35% Calc Carb B2413523.12 Off-white,Cream 65% Binder Non -fibrous Bound None Detected 013 Plaster Heterogeneous <1% Cellulose 35% Silicates B2413523.13 Off-white,Gray 2% Hair 63% Binder Non -fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 5 Page 154 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 110 Chestnut Street Lab Code: B2413523 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-19-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 014 Skim B2413523.14 Heterogeneous <1% Cellulose Off-white,Cream Non -fibrous Bound 35% Calc Carb 65% Binder None Detected 015 Plaster Heterogeneous <1% Cellulose 35% Silicates B2413523.15 Off-white,Gray 2% Hair 63% Binder Non -fibrous Bound None Detected 016 Skim Heterogeneous <1% Cellulose 35% Calc Carb B2413523.16 Off-white,Cream 65% Binder Non -fibrous Bound None Detected 017 Ceiling Tile Heterogeneous 95% Cellulose B2413523.17 Cream,Brown Fibrous Bound 5% Paint None Detected 018 Insulation Heterogeneous 100% Cellulose None Detected B2413523.18 Cream,Brown Fibrous Loosely Bound 019 Foundation Skim Heterogeneous <1% Cellulose 35% Silicates B2413523.19 Off-white,White 65% Binder Non -fibrous Bound <1 % Chrysotile 020 Linoleum Heterogeneous B2413523.20 Cream,Tan Fibrous Tightly Bound 35% 15% Cellulose 50% Vinyl None Detected Fiberglass 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 3 of 5 Page 155 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 110 Chestnut Street Lab Code: B2413523 Date Received: 07-16-24 Date Analyzed: 07-18-24 Date Reported: 07-19-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 021 B2413523.21 Floor Tile Heterogeneous Cream,Tan Fibrous Tightly Bound 35% 15% Cellulose Fiberglass 50% Vinyl None Detected 022 Floor Tile Homogeneous <1% Cellulose 95% Vinyl Gray Non -fibrous Tightly Bound B2413523.22A 5% Chrysotile B2413523.22B Mastic Homogeneous <1% Cellulose 100% Mastic Brown,Tan Non -fibrous Bound None Detected 023 Shingle Heterogeneous <1% Cellulose 10% Gravel B2413523.23 Gray,Black 50% Fiberglass 40% Tar Fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 4 of 5 Page 156 of 644 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: Zco/t.frhla APPROVED BY: //lG;�„/>��Santi Tianbao Bai, Ph.D., CIH Laboratory Director NVLA TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 5 of 5 Page 157 of 644 eurofins ti CEI 730 SE Maynard Road, Cary, NC 27511 Tel: 866-481-1412: Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: CEI Lab Code: G- CEI Lab I.D. Range: 0135 COMPANY INFORMATION CEI CLIENT #: Company: Hawkeye Environmental Address: 814 wood lily road, Solon, IA 52333 Email: Cody@HawkeyeEnv.com Tel: 319-930-8044 Fax: IF TAT IS NOT PROJECT INFORMATION Job Contact: Email 1 Tel: Project Name: City of Waterloo Project ID#: 1 \ ee PO #: J STATE SAMPLES COLLECTED IN:_1_C c,.1r" ASBESTOS METHOD TURN AROUND TIME 4 HR 8 HR 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 MI ❑ i ❑ , PLM POINT COUNT (400) EPA 600 I I 1 L__j I i 1= 1 PLM POINT COUNT (1000) EPA 600 ❑ ❑ __ 1I Li] PLM GRAV w POINT COUNT EPA 600 ❑ ❑ I I I I I j PLM BULK GARB 435 1 ❑ E71 .17 PCM AIR' NIOSH 7400 M ❑ IN I I 1 1 17 TEfv1 AIR EPA AHERA II 1 1i. Li E, I I TEM AIR ^ NIOSH 7402 El IE ❑ I I I I TEM AIR IPCME) ISO 10312 n 1 1 11 1 I E • TEM AIR ASTM 6281-15 ❑ ❑ • ❑ 0 TEM BULK CHATFIELD • J 1 M ❑ ❑ TEM DUST WIPE ASTM 06480-05 (2010( ❑ ❑ ❑ • • TEM DUST MICROVAC ASTM D5755-09 (204) 1 I I I I I I M1 M TEM 501E ASTM D7521-16 • `,� "® -, ❑ III IN TEM VERMICULITE CINCINNATI METHOD ❑ I I ❑ • TEM QUALITATIVE IN-HOUSE METHOD , " ❑ ❑ 0 • • OTHER: ❑ ❑ ❑ M MI M m me same sample lot as field samples REMARKS / SPECIAL INSTRUCTIONS: Accept Samples IM Reject Samples Relinquished By: i Date/Time Received By: Date/Time C' pS�.. .,47.7/14 Li C F --7 I / t9 /6'. C, - Litt/ oe drsposed of 30 days after analysis Page 1 of C 551 8(nlq Version: CCOC.01.18.1/2.LD Page 158 of 644 eurofins SAMPLING FORM O,OMPANY CONTACT INFORMATION Company: Hawkeye Environmental Job Contact. Project Name: Project ID #: Tel SAMPLE ID# DESCRIPTION 1 LOCATION VOLUME! AREA TEST ��rr `� W� DLSp (4 Si 1 PLM I i TEM 1 1 OOZ S+', r•�lc_ �t,1 PLM 1 TEM 1 1 003 S1+I r. `4 �JU�'i-vw+� PLM 1 1 TEM 1 004-1 Si-k.a.Slri 3..-/^r PLM I 1 TEM 1 00c L) (A- c..Per PLM 1 1 TEM 1 1 006, jam` _, , " PLM I I TEM I ] 00-7 t� PLM 1 TEM 1 I 3 µ r. PLM 1 I TEM 1 1 CO1 L..);rlaca a�`.r,•Z`,ru^ PLM 1 1 TEM 1 1 p L p `��a.V410Cc `k, l PLM 1 _I TEM I_ ____IC)l l ,5 PLM 1 I TEM ( I OtZ. .Sli--4," PLM I 1 TEM [ 1 0[ 3 l',„.s PLM 1 1 TEM 1 1 3M ,5\i,,, PLM 1 1 TEM 1 I O15 fe1.",5 PLM 1 1 TEM 1 0 LL. S PLM 1 1 TEM 1 an t.G,`;�y v, l� PLM 1 1 TEM 1 ! ok6 SoAlSwr, 1inSt k."-1- r./r PLM 1 1 TEM 1 1 0 k.cl ---nur( InA-i on K.. ..,, PLM [ ] TEM 1 I (571) tirtioltotM e,o, i co PLM 1 1 TEM 1 1 (37_\ nn II -1 aor -i 6 bATII Y� PLM ] 1 TEM 1 1 r) ZZ -� �r)o r 4A c /} efl PLM 1 I TEM 1 1 G 23 4:ti L J)(.1) PLM 1 1 TEM L 1 PLM 1 1 TEM 1 ] PLM 1 1 TEM L 1 PLM 1 1 TEM 1 1 PLM 1 1 TEM 1 1 PLM [ 7 TEM 1 1 Page of Version: CCOC.01.18.2I2.LD Page 159 of 644 Page 160 of 644 HAWKEYE ENVIRONMENTAL ASBESTOS INSPECTION REPORT 318 Bratnober Street Waterloo, IA Project Report Dated: July 23rd, 2024 it o Waterlo. Page 161 of 644 HAWKEYE ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 162 of 644 HAWKEYE ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 318 Bratnober Street Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION July 14, 2024 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 163 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 318 Bratnober Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.goy/air/prof/asbestos/asbestos.html City of Waterloo Page 164 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed an asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential property. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspected asbestos building materials. City of Waterloo Page 165 of 644 HAWKEYE ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 318 Bratnober Street Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity None Miscellaneous Materials Material Description Location Quantity Duct Paper Gray Basement 4 Boots Linoleum (Bottom Layer/ Under Tile) Tan 2nd Floor Bathroom 80 SF Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. City of Waterloo Page 166 of 644 HAWKEYE ENVIRONMENTAL BULK SAMPLE ANALYSIS 318 Bratnober Street Waterloo, Iowa City of Waterloo Page 167 of 644 tie;% eurofins CEI July 18, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 318 Bratnober St, Waterloo CEI LAB CODE: B2413433 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on July 15, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 % asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp TESTING NVLAP LAB CODE 101768- 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 168 of 644 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 318 Bratnober St, Waterloo LAB CODE: B2413433 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 07/18/24 TOTAL SAMPLES ANALYZED: 16 # SAMPLES >1 % ASBESTOS: 2 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 169 of 644 tiff eurofins CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 318 Bratnober St, LAB CODE: B2413433 Waterloo METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description 001 B2413433.01 Gray Shingle None Detected 002 B2413433.02 Black Tar Paper None Detected 003 B2413433.03 Gray Duct Paper Chrysotile 65% 004 B2413433.04 Gray Blown Insulation None Detected 005 B2413433.05 Gray Plaster None Detected 006 B2413433.06 Beige Skim Coat None Detected 007 B2413433.07 Gray Plaster None Detected 008 B2413433.08 Beige Skim Coat None Detected 009 B2413433.09 Gray Plaster None Detected 010 B2413433.10 Beige Skim Coat None Detected 011 B2413433.11A Gray Floor Tile None Detected B2413433.11B Black Mastic None Detected 012 B2413433.12 Tan Wall Covering None Detected 013 B2413433.13A Brown Floor Tile None Detected B2413433.13B Yellow Mastic None Detected 014 B2413433.14A Gray Floor Tile None Detected B2413433.14B Clear Mastic None Detected 015 B2413433.15A Gray Linoleum None Detected B2413433.15B Yellow Mastic None Detected B2413433.15C Tan Linoleum Chrysotile 20% 016 B2413433.16 Brown Ceiling Tile None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 1 Page 170 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 318 Bratnober St, Waterloo Lab Code: B2413433 Date Received: 07-15-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 001 Shingle B2413433.01 Heterogeneous 30% Cellulose Gray Fibrous Bound 60% Tar 10% Gravel None Detected 002 Tar Paper Homogeneous 70% Cellulose 30% Tar B2413433.02 Black Fibrous Bound 003 Duct Paper Homogeneous B2413433.03 Gray Fibrous Loosely Bound 35% Binder None Detected 65% Chrysotile 004 Blown Insulation Homogeneous 60% Fiberglass B2413433.04 Gray 40% Mineral Wool Fibrous Loose None Detected 005 Plaster Homogeneous <1% Hair 70% Silicates B2413433.05 Gray 30% Binder Non -fibrous Bound None Detected 006 Skim Coat Homogeneous 80% Binder B2413433.06 Beige 20% Calc Carb Non -fibrous Bound None Detected 007 Plaster Homogeneous <1% Hair 70% Silicates B2413433.07 Gray 30% Binder Non -fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 4 Page 171 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 318 Bratnober St, Waterloo Lab Code: B2413433 Date Received: 07-15-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 008 Skim Coat B2413433.08 Homogeneous Beige Non -fibrous Bound 80% Binder 20% Calc Carb None Detected 009 Plaster Homogeneous <1% Hair 70% Silicates B2413433.09 Gray 30% Binder Non -fibrous Bound None Detected 010 Skim Coat Homogeneous 80% Binder B2413433.10 Beige 20% Calc Carb Non -fibrous Bound None Detected 011 Floor Tile Homogeneous 100% Vinyl None Detected B2413433.11A Gray Non -fibrous Tightly Bound B2413433.11B Mastic Homogeneous 100% Mastic None Detected Black Non -fibrous Bound 012 Wall Covering Heterogeneous 90% Cellulose 10% Vinyl None Detected B2413433.12 Tan Fibrous Bound 013 Floor Tile Homogeneous 100% Vinyl None Detected B2413433.13A Brown Non -fibrous Tightly Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 4 Page 172 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 318 Bratnober St, Waterloo Lab Code: B2413433 Date Received: 07-15-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous B2413433.13B Mastic Homogeneous Yellow Non -fibrous Bound 100% Mastic None Detected 014 Floor Tile Homogeneous Gray Non -fibrous Tightly Bound B2413433.14A 100% Vinyl None Detected B2413433.14B Mastic Homogeneous 100% Mastic None Detected Clear Non -fibrous Bound 015 Linoleum Heterogeneous 50% Cellulose 50% Vinyl None Detected B2413433.15A Gray Fibrous Bound B2413433.15B Mastic Homogeneous Yellow Non -fibrous Bound 100% Mastic B2413433.15C Linoleum Heterogeneous 30% Cellulose 50% Vinyl Tan Fibrous Bound None Detected 20% Chrysotile 016 Ceiling Tile Heterogeneous 60% Cellulose 15% Perlite B2413433.16 Brown 20% Fiberglass 5% Binder Fibrous Loosely Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 3 of 4 Page 173 of 644 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: APPROVED BY: 1:14jian teele Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp® TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 4 of 4 Page 174 of 644 ;24 eurofins 730 SE Maynard Road, Cary, NC 27511 Tel: 866-481-1412: Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY- CEI Lab Code: CEI Lab I.D. Range: COMPANY INFORMATION PROJECT INFORM 1 0 CEI CLIENT #: Job Contact: Company: Hawkeye Environmental Email /Tel: Address: 814 wood lily road, Solon, IA 52333 Project Name: City of Waterloo Project ID#: 318 Bratnober St, Waterloo Email: Cody@HawkeyeEnv.com PO #: Tel:319-930-8044 Fax: STATE SAMPLES COLLECTED IN: Iowa IF TA ASBESTOS _-__. METHOD ...r.-.I.✓ ✓l1 I •/1 I MT!-LIGJ, TURN AROUND TIME 4 H12 8 HR 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 I I 1 1 1 1 PLM POINT COUNT (400) EPA 600 I I ( 1 11 1( i J PLM POINT COUNT (1000) EPA 600 I♦ j J r i 1 nn Co q, V�,w.. . POINT T COvryT EPA tiOU Ai Y%"�P. LJ I —] ri 1 ( ( ( PLM BULK CARE 435 ( J ( 1 PCM AIR* NIOSH 7400 1 I TEM AIR EPA AHERA I I TEM AIR NIOSH 7402 11 I I 1 I 11 I TEM AIR (PCME) ISO 10312 11 I I 11 11 ( 1 1 1 TEM AIR ASTM 6281-15 TEM BULK CHATFIELD TEM DUST WIPE ASTM D6480-05 (2010) I I 1 1 1 I I I ( 1 ! 1 TEM DUST MICROVAC ASTM D5755-09 (2014) I I f l 1 1 1 1 1 1 1 1 TEM SOIL ASTM D7521-16 �� ��/ / I TEM VERMICULITE CINCINNATI METHOD 1 I 1 1 11 1 I TEM QUALITATIVE IN-HOUSE METHOD A-• 11 I I 1 1 ( 1 1 1 OTHER: *Blanks should be taken from the camp ca,,,.,lo i..r ,... , 1.4-..- I I 1 1 1 1 1 1 1 1 I L REMARKS / SPECIAL INSTRUCTIONS: ,,.7 7,,,; .,, ,,. irAccept Samples I I Reject Samples , Relinquished By:Date/Time Received By: Date/Time //�� C� yevzN 7/12/24 "� ( (- -7//5 IC, 0" Ramnlac will hn iliionnenei ..s 9n .a....., s._- __-I..__ Page 1 of 2 9551 g&og Version: CCOC.01.18.1/2.LD Page 175 of 644 tiff eurofins CEI SAMPLING FORM COMPANY CONTACT INFORMATION Company: Hawkeye Environmental Project Name: Project ID #: Job Contact: Tel: SAMPLE ID# DESCRIPTION / LOCATION VOLUME! AREA T ST "`000, ,, 001 Shingle PLM 1 j TEM I 002 Tar Paper PLM 1 j TEM 1 I 003 Duct Paper 3 boots PLM I I TEM 1 i 004 blown insulation PLM 1 1 TEM 1 I 005 plaster PLM ( I I TEM 1---1 006 skim coat PLM 1 I TEM 1 I 007 plaster PLM 1 1 TEM 008 skim coat PLM I 1 TEM 1 I 009 plaster PLM 1 1 TEM 1 010 skim coat PLM 1 I TEM 1 I 011 floor tile (basement stair landing) PLM 1 1 TEM 1 012 wall covering (kitchen) PLM I 1 TEM 1 1 013 floor tile (kitchen) PLM 1 1 TEM 1 014 floor tile (2nd bathroom - top) PLM ( 1 TEM I I 015 linoleum (2nd bathroom - bot) PLM 1 1 TEM 1 I 016 ceiling tile PLM 1 I TEM 1 1 PLM 1 1 TEM 1 j PLM 1 1 TEM 1 1 PLM 1 1 TEM 1 I PLM 1 1 TEM 1 I PLM 1 j TEM 1 PLM 1 1 TEM 1 I PLM 1 1 TEM 1 I PLM I I TEM ( PLM 1 1 TEM 1 1 PLM 1 1 TEM 1 I PLM 1 1 TEM 1 I PLM 1 1 TEM 1 1 Page of Version: CCOC.01.18.2/2.LD Page 176 of 644 HAWKEYE ENVIRONMENTAL ASBESTOS INSPECTION REPORT 309 E 2nd Street Waterloo, IA Project Report Dated: July 23rd, 2024 City of Waterloo Page 177 of 644 HAWKEYE ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 178 of 644 HAWKEYE ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 309 E 2nd Street Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION July 14, 2024 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 179 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 309 E 2nd Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.gov/air/prof/asbestos/asbestos.html City of Waterloo Page 180 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed an asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential property. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspected asbestos building materials. City of Waterloo Page 181 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 309 E 2nd Street Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity None Miscellaneous Materials Material Description Location Quantity Chimney Tar / Vent Tar Black / Gray Roof @ Chimney (rear 1 story roof) 15 LF Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. City of Waterloo Page 182 of 644 AWKEYE SAMPLE ANALYSIS 309 E 2nd Street Waterloo, Iowa City of Waterloo Page 183 of 644 tie;% eurofins CEI July 18, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 309 E 2nd Street CEI LAB CODE: B2413432 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on July 15, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 % asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp TESTING NVLAP LAB CODE 101768- 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 184 of 644 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 309 E 2nd Street LAB CODE: B2413432 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 07/18/24 TOTAL SAMPLES ANALYZED: 14 # SAMPLES >1 % ASBESTOS: 1 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 185 of 644 tiff eurofins CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 309 E 2nd Street LAB CODE: B2413432 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description 001 Layer1 B2413432.01 White Green, Shingle Black None Detected Layer 2 B2413432.01 Black Tar None Detected Layer 3 B2413432.01 White Green, Shingle Black None Detected 002 Layer 1 B2413432.02 Black Tar Paper None Detected Layer 2 B2413432.02 Black Tar Paper None Detected 003 B2413432.03 Red,Brown Vapor Barrier None Detected 004 B2413432.04 Brown Blown Insulation None Detected 005 B2413432.05 Gray Plaster None Detected 006 B2413432.06 Gray Plaster None Detected 007 B2413432.07 Gray Plaster None Detected 008 B2413432.08 White Drywall None Detected 009 B2413432.09 Brown Tape None Detected 010 B2413432.10 Blue,White Joint Compound None Detected 011 B2413432.11 Black,White Joint Compound None Detected 012 B2413432.12 Beige,White Joint Compound None Detected 013 B2413432.13 Off-white Linoleum None Detected 014 Layer 1 B2413432.14 Gray,Black Chimney Tar Layer 2 B2413432.14 Black Chimney Tar None Detected Chrysotile 5% 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 1 Page 186 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 309 E 2nd Street Lab Code: B2413432 Date Received: 07-15-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 001 Layer 1 B2413432.01 Shingle Heterogeneous 50% Fiberglass White Green, Black Non -fibrous Bound 40% Tar 10% Gravel None Detected Layer 2 Tar Heterogeneous B2413432.01 Black Non -fibrous Bound 100% Tar None Detected Layer 3 Shingle Heterogeneous 50% Fiberglass 40% Tar B2413432.01 White Green, 10% Gravel Black Non -fibrous Bound None Detected 002 Layer 1 B2413432.02 Tar Paper Heterogeneous 70% Cellulose 30% Tar None Detected Black Fibrous Bound Layer 2 Tar Paper B2413432.02 Heterogeneous 70% Cellulose 30% Tar None Detected Black Fibrous Bound 003 Vapor Barrier Heterogeneous 98% Cellulose 2% Binder None Detected B2413432.03 Red, B rown Fibrous Loosely Bound 004 Blown Insulation Homogeneous 100% Cellulose None Detected B2413432.04 Brown Fibrous Loosely Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 4 Page 187 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 309 E 2nd Street Lab Code: B2413432 Date Received: 07-15-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 005 Plaster B2413432.05 Homogeneous <1% Hair Gray Non -fibrous Bound 65% Silicates 35% Binder None Detected 006 Plaster Homogeneous <1% Hair 65% Silicates B2413432.06 Gray 35% Binder Non -fibrous Bound None Detected 007 Plaster Homogeneous <1 % Hair 65% Silicates B2413432.07 Gray 35% Binder Non -fibrous Bound None Detected 008 Drywall Homogeneous 2% Cellulose 98% Gypsum None Detected B2413432.08 White Non -fibrous Bound 009 Tape Homogeneous 100% Cellulose None Detected B2413432.09 Brown Fibrous Loosely Bound 010 Joint Compound Heterogeneous 60% Binder B2413432.10 Blue,White 35% Calc Carb Non -fibrous 5% Paint Bound None Detected 011 Joint Compound Heterogeneous 65% Binder B2413432.11 Black,White 35% Calc Carb Non -fibrous <1 % Paint Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 4 Page 188 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 309 E 2nd Street Lab Code: B2413432 Date Received: 07-15-24 Date Analyzed: 07-18-24 Date Reported: 07-18-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 012 Joint Compound B2413432.12 Heterogeneous Beige,White Non -fibrous Bound 65% Binder 35% Calc Carb <1 % Paint None Detected 013 Linoleum Heterogeneous Off-white Non -fibrous Tightly Bound B2413432.13 100% Vinyl None Detected 014 Layer 1 B2413432.14 Chimney Tar Heterogeneous 5% Cellulose 95% Tar Gray,Black Non -fibrous Bound Layer 2 Chimney Tar Heterogeneous B2413432.14 Black Non -fibrous Bound 95% Tar None Detected 5% Chrysotile 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 3 of 4 Page 189 of 644 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: APPROVED BY: i Nicholas Moore Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp® TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 4 of 4 Page 190 of 644 eu rofi ns CFi 730 SE Maynard Road, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 CHAIN OF CUSTODY Ck LAB USE ONLY: CEI Lab Code: CEI Lab I.D. Ranee: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #: Job Contact. Company. Hawkeye Environmental Email / Tel. Address 814 wood lily road, Solon, IA 52333 Project Name: City of Waterloo Project ID#: 309 E 2nd Street Email: Cody@HawkeyeEnv.com PO #: Tel: 319-930-8044 Fax STATE SAMPLES COLLECTED IN: Iowa IF TAT IS NOT MARKED STANDARD 3 DAY TAT APPLIES. ASBESTOS METHOD TURN AROUN 4 HR 8 MR 1 DAY 2 DAY 33 DAY 5 DAY PLM BULK EPA 600 1 I 1 I j h ( I PLM POINT COUNT (400) EPA 600 1 1 1 1 ( 1 1 I 1 1 1 PLM POINT COUNT (1000) EPA 600 1 ( 71 PLM GKAV w POINT COUNT EPA 600 1 1 1 1 (--1 1 1 1 PLM BULK CARB 435 1 1 1 1 1 1 PCM AIR' NIOSH 7400 U 1 1 1 1 I 1 1 11 TEM AIR EPA AHERA I I 1 1 1 1 1 l TEM AIR NIOSH 7402 [ 1 1 1 I I 1 1 1 1 TEM AIR (PCME) ISO 10312 I 11 1 1 1 1 1 1 TEM AIR ASTM 6281-15 I 1 ( 1 1 1 11 1 1 1 TEM BULK CHATFIELD l I TEM DUST WIPE ASTM 06480-05 (2010) I I 1 1 1 1 1 1 1 1 1 1 TEM DUST MICROVAC ASTM D5755-09 (2014) I I 1 I 1 1 1 1 1 1 TEM SOIL ASTM 87521-16 � /�/// TEM VERMICULITE CINCINNATI METHOD „ j� I I I TEM QUALITATIVE IN-HOUSE METHOD , 1 1 I I 11 I I I OTHER: I l 11 1 1 1 1 1 1 "Blanks should be taken from the same sample lot as field samples. REMARKS / SPECIAL INSTRUCTIONS: ., Accept Samples 1 Reject Samples Relinquished By: 17ate1Time" Received By: Date/Time y'Ve� 7/12/24 _ -I / / r) I C% ) L_, Samples will be disposed of 30 days after analysis Page , of Version: CCOC.01.18.1/2.LD Page 191 of 644 eurofins CEI SAMPLING FORM COMPANY CONTACT INFORMATION Company Hawkeye Environmental Job Contact: Project Name: Project ID #: Tel: SAMPLE ID# DESCRIPTION / LOCATION VOLUME/ AREA TEST .\\., 001 shingle PLM TEM 1 1 I 1 002 tar paper PLM TEM 1 1 1 1 003 vapor barrier (under wood siding) PLM TEM 1 1 1 J 004 blown insulation PLM TEM ( 1 005 plaster PLM TEM 1 1 1 I 006 plaster PLM TEM I 1 007 plaster PLM TEM 1 1 I I 008 drywall PLM TEM 1 1 1 I 009 tape PLM TEM 1 1 1 J 010 joint compound PLM TEM 1 1 1 J 011 joint compound PLM TEM 1 1 012 joint compound PLM TEM 1 1 1 I 013 linoleum (rear entry) PLM TEM 1 1 1 I L::1`A C.k iNkAel i- G-C PLM TEM 1 ) 1 I PLM TEM 1 1 1 I PLM TEM 1 1 1 1 PLM TEM 1 1 1 I PLM TEM 1 1 1 1 PLM TEM 1 1 1 J PLM TEM 1 1 1 J PLM TEM 1 1 1 J PLM TEM I J 1 I PLM TEM 1 1 1 PLM TEM 1 1 1 J PLM TEM I 1 1 J PLM TEM 1 1 1 I PLM TEM I 1 1 I PLM TEM I 1 1 I Page of Version: CCOC.01.18.2/2.LD Page 192 of 644 HAWKEYE "m-rENIN,11=11:31‘11VIENITAI- ASBESTOS INSPECTION REPORT 1103 Commercial Street Waterloo, IA Project Report Dated: July 23rd, 2024 it o Waterloo Page 193 of 644 HAWKEYE ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 194 of 644 HAWKEYE ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 1103 Commercial Street Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION July 14, 2024 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 195 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 1103 Commercial Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.goy/air/prof/asbestos/asbestos.html City of Waterloo Page 196 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed an asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential property. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspected asbestos building materials. City of Waterloo Page 197 of 644 VKEYE ENVIRONMENTAL ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 1103 Commercial Street Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity None Miscellaneous Materials Material Description Location Quantity Duct Paper White Basement / In -wall runs to 2nd Floor 4 Boots + 50 LF Cementitious Siding (Transite) Blue / Gray Exterior 2,640 SF Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. City of Waterloo Page 198 of 644 AWKEYE SAMPLE ANALYSIS 1103 Commercial Street Waterloo, Iowa City of Waterloo Page 199 of 644 HAWKEYE ENVIRONMENTAL City of Waterloo Page 200 of 644 tie;% eurofins CEI July 19, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 1103 Commercial Street CEI LAB CODE: B2413520 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on July 16, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 % asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp TESTING NVLAP LAB CODE 101768- 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 201 of 644 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 1103 Commercial Street LAB CODE: B2413520 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 07/19/24 TOTAL SAMPLES ANALYZED: 22 # SAMPLES >1 % ASBESTOS: 1 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 202 of 644 tiff eurofins CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 1103 Commercial Street LAB CODE: B2413520 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description 001 B2413520.01 Black,Gray Shingle None Detected 002 B2413520.02 Black Tar Paper None Detected 003 B2413520.03 Blue Cement Siding None Detected 004 B2413520.04 Black Vapor Barrier None Detected 005 B2413520.05 Black Flashing Tar None Detected 006 B2413520.06 Gray Duct Paper Chrysotile 65% 007 B2413520.07 Green,White Window Glazing None Detected 008 B2413520.08 Gray Plaster None Detected 009 B2413520.09 Green,White Skim None Detected 010 B2413520.10 Gray Plaster None Detected 011 B2413520.11 Green,White Skim None Detected 012 B2413520.12 Gray Plaster Ceiling None Detected 013 B2413520.13 White Spray Texture None Detected 014 B2413520.14 White Spray Texture None Detected 015 B2413520.15 White Spray Texture None Detected 016 B2413520.16 Gray,Brown Drywall None Detected 017 B2413520.17 White Tape None Detected 018 B2413520.18 White Compound None Detected 019 B2413520.19 Tan Linoleum None Detected 020 B2413520.20 Tan Linoleum None Detected 021 B2413520.21A Gray Floor Tile None Detected B2413520.21 B Clear Mastic None Detected 022 B2413520.22 Gray Blown Insulation None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 1 Page 203 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1103 Commercial Street Lab Code: B2413520 Date Received: 07-16-24 Date Analyzed: 07-19-24 Date Reported: 07-19-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab ID Lab Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS 001 Shingle B2413520.01 Heterogeneous Black,Gray Fibrous Bound 30% Fiberglass 60% Tar 10% Gravel None Detected 002 Tar Paper B2413520.02 Homogeneous Black Fibrous Bound 70% Cellulose 30% Tar None Detected 003 Cement Siding B2413520.03 Heterogeneous Blue Non -fibrous Bound 80% 20% <1 % Binder Silicates Paint None Detected 004 Vapor Barrier B2413520.04 Homogeneous Black Fibrous Bound 70% Cellulose 30% Tar None Detected 005 Flashing Tar B2413520.05 Homogeneous Black Fibrous Bound 10% Cellulose 90% Tar 006 Duct Paper B2413520.06 Homogeneous Gray Fibrous Loosely Bound 5% Cellulose 30% Binder None Detected 65% Chrysotile 007 Window Glazing B2413520.07 Heterogeneous Green,White Non -fibrous Bound 78% 20% 2% Binder Calc Carb Paint None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 5 Page 204 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1103 Commercial Street Lab Code: B2413520 Date Received: 07-16-24 Date Analyzed: 07-19-24 Date Reported: 07-19-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 008 Plaster B2413520.08 Homogeneous <1% Hair Gray <1% Cellulose Non -fibrous Bound 70% Silicates 30% Binder None Detected 009 Skim Heterogeneous Green,White Non -fibrous Bound B2413520.09 78% Binder 20% Calc Carb 2% Paint None Detected 010 Plaster Homogeneous <1% Hair 70% Silicates B2413520.10 Gray <1% Cellulose 30% Binder Non -fibrous Bound None Detected 011 Skim Heterogeneous 78% Binder B2413520.11 Green,White 20% Calc Carb Non -fibrous 2% Paint Bound None Detected 012 Plaster Ceiling Homogeneous <1% Hair 70% Silicates B2413520.12 Gray <1% Cellulose 30% Binder Non -fibrous Bound None Detected 013 Spray Texture Heterogeneous 50% Binder B2413520.13 White 30% Calc Carb Non -fibrous 20% Foam Bound None Detected 014 Spray Texture Heterogeneous 50% Binder B2413520.14 White 30% Calc Carb Non -fibrous 20% Foam Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 5 Page 205 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1103 Commercial Street Lab Code: B2413520 Date Received: 07-16-24 Date Analyzed: 07-19-24 Date Reported: 07-19-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 015 Spray Texture B2413520.15 Heterogeneous White Non -fibrous Bound 50% Binder 30% Calc Carb 20% Foam None Detected 016 Drywall Heterogeneous 15% Cellulose 85% Gypsum None Detected B2413520.16 Gray, Brown Fibrous Bound 017 Tape Homogeneous 100% Cellulose B2413520.17 White Fibrous Bound None Detected 018 Compound Heterogeneous 60% Binder B2413520.18 White 35% Calc Carb Non -fibrous 5% Paint Bound None Detected 019 Linoleum Homogeneous 10% Fiberglass 90% Vinyl None Detected B2413520.19 Tan Fibrous Bound 020 Linoleum Homogeneous 10% Fiberglass 90% Vinyl None Detected B2413520.20 Tan Fibrous Bound 021 Floor Tile Homogeneous 100% Vinyl None Detected B2413520.21A Gray Non -fibrous Tightly Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 3 of 5 Page 206 of 644 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1103 Commercial Street Lab Code: B2413520 Date Received: 07-16-24 Date Analyzed: 07-19-24 Date Reported: 07-19-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous B2413520.21B Mastic Homogeneous Clear Non -fibrous Bound 100% Mastic None Detected 022 Blown Insulation Homogeneous 60% Fiberglass B2413520.22 Gray 40% Mineral Wool Fibrous Loose None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 4 of 5 Page 207 of 644 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: APPROVED BY: 1:14jian teele Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp® TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 5 of 5 Page 208 of 644 eurofins ti 730 SE Maynard Road, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: tCEI Lab Code:" i.1 CEI Lab I.D. Range: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #: Job Contact: Company: Hawkeye Environmental Email / Tel: Address: 814 wood lily road, Solon, IA 52333 Project Name: City Of Water100 Project lD#: 1103 Com.Kke,r`c i a 1 SA- rc-c j- Email: Cody@HawkeyeEnv.com PO #: Tel: 319-930-8044 Fax: STATE SAMPLES COLLECTED IN: 76,.JGN. IF TAT IS NOT MARKED STANDARD 3 DAY TAT APPLIES. ASBESTOS METHOD TURN AROUND TIME 4 HP. 8 HR 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 1 I 1-I Li N 1 1 M PLM POINT COUNT (400) EPA 600 ❑ ❑ i♦ MI M M PLM POiN1 COUNT (1000) EPA ;UO !, I I ❑ ❑ ❑ FT PLM GRAY w POINT COUNT EPA 600 ❑ ❑ n 1 1 iii PLM BULK GARB 435 ..... _. " I I ❑ ❑ n M PCM AIR' NIOSH 7400 ❑ ❑ n n I■ M TEM AIR EPA AHERA M I I I. I I 1 I I I TEM AIR NIOSH 7402 ❑ ❑ I I M M M TEM AIR (PCMEI 150 10312 I I I I ❑ I I I>■ I>■ TEM AIR ASTM 62B1-15 I❑ I I 11 I I I>■ Il■ TEM BULK CHATFIELD ,It. _.�" n I 1 ❑ � � TEM DUST WIPE ASTM 06480-05 (2010) I= = 1 1 I 1 • M TEM DUST MICROVAC ASTM D5755-09 (2914) I I M M I 1 I 1 U TEM SOIL ASTM D7521-16�"�"' ❑ ❑ 1 I TEM VERMICULITE CINCINNATI METHOD I I 1 TEM QUALITATIVE IN-HOUSE METHOD ❑ I� 1 1 OTHER. 0 n IN ❑ 1- I I 'Blanks should be taken from the same sample lot as field samples. REMARKS / SPECIAL INSTRUCTIONS: DatelTirne Received By: cF Accept Samples Reject Samples Samples will be disposed of 30 days after analysis Page 1 of 7-1-70 551 S62)9 Version: CCOC.01.18.1/2.LD Page 209 of 644 eurofins ti• CEI Company- Hawkeye Environmental Project Name: Project ID # SAMPLING FORM Job Contact: Tel SAMPLE ID# DESCRIPTION 1 LOCATION VOLUME! AREA TEST 66 Je.,: n.kr_ PLM TEM 1 1 1 1 062 kc r PLM TEM 1 j f I 00� pokeGr C.t/1-- Sl-t inc PLM TEM 1 1 1 I OCR{-f vc ba+rrtir r PLM TEM 1 1 1 I OC) -10-41\1rn A--c.- C,?o-rceL,) PLM TEM 1 j 1 1 a%% UU r_4 •s• PLM TEM 1 1 1 00q- 1„)1n`a,,a _ PLM TEM I i CYM �Ln.2„-1 1--)j PLM TEM 1 1 1 1 061 5 } PLM TEM 1 J O k0 RNA- pia cr Pun TEM 1 1 1 i i) ll S11-=iinn PLM TEM ` J I 1 O 1-Z poti5 Le, i,n. PLM TEM 1 1 1 I 01S o..�.. Spr-ay ,r.t PLM TEM 1 1 1 I (:Ay n k% PLM TEM 1 1 1 I 01 5 `,- PLM TEM 1 1 1 I G�f'1f>o.l l PLM TEM 1 1 1 O 11 -%r..?� 161 4 I) PLM TEM 1 1 I 0 1g C o1M pOu/;o1 PLM TEM 1 1 1 O 1 c1 ‘ •' (N.ot[.t.7nn C �L-•, { PLM TEM 1 1 1 I 4Z6 c_�ncn �� C 1 ${-�{� PLM TEM 1 1 I I bZl �ioor --'\c- (.1-'1?lo.. PLM TEM 1 1 L 1 Q22- i:`owrl ilOsJAn4-irrn PLM TEM 1 1 L I PLM TEM 1 1 1 J PLM TEM 1 1 l 1 PLM TEM 1 1 1 I PLM TEM 1 1 1 I PLM TEM I 1 1 I PLM TEM [—I 1 Page of Version: CCOC.01.18.2/2.LD Page 210 of 644 tie;% eurofins CEI August 6, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 1103 Commercial Street CEI LAB CODE: B2414841 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on August 5, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 % asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp TESTING NVLAP LAB CODE 101768- 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 211 of 644 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 1103 Commercial Street LAB CODE: B2414841 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 08/06/24 TOTAL SAMPLES ANALYZED: # SAMPLES >1 % ASBESTOS: 1 1 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 212 of 644 tiff eurofins Cr_ Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 1103 Commercial Street LAB CODE: B2414841 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description 024 B2414841.01 Blue,Gray Cementitious Siding Chrysotile 15% 025 B2414841.02 Sample Not Analyzed per COC 026 B2414841.03 Sample Not Analyzed per COC 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 1 Page 213 of 644 ., eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: B2414841 814 Wood Lily Road Date Received: 08-05-24 Solon, IA 52333 Date Analyzed: 08-06-24 Date Reported: 08-06-24 Project: City of Waterloo, 1103 Commercial Street ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS Lab ID Description Attributes Fibrous Non -Fibrous 024 Cementitious Siding Heterogeneous 85% Binder B2414841.01 Blue,Gray <1 % Paint Fibrous Bound 15% Chrysotile 025 Sample Not Analyzed B2414841.02 Per COC 026 Sample Not Analyzed B2414841.03 Per COC 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 2 Page 214 of 644 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: APPROVED BY: 1:14jian teele Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp® TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 2 Page 215 of 644 .. eurofins 730 SE Maynard Road, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: CEI Lab Code: SZ�1� $ 1 I CEI Lab I.D. Range: COMPANY INFORMATION CEI CLIENT #: 30261 Company: Hawkeye Environmental Address: Solon, IA 52333 814 Wood Lily Road Email Steve@hawkeyeenv.com Tel: 319-333-7420 Fax PROJECT INFORMATION Job Contact: Steve Henneberry Email 1 Tel: 319-551-4441 Project Name: C r}Ni v.)-' lA3 ak cr\00 Project ID#: t03 (Or * -` PO #: STATE SAMPLES COLLECTED IN: Iowa IF TA T IS NOT MARKED STANDARD 3 DAY TAT APPLIES. ASBESTOS PLM BULK PLM POINT COUNT (400) PLM POINT COUNT (1000) PLM GRAV w POINT COUNT PLM BULK PCM AIR` TEM AIR TEM AIR TEM AIR (PCME) TEM AIR TEM BULK TEM DUST WIPE TEM DUST MICROVAC TEM SOIL TEM VERMICULITE TEM QUALITATIVE OTHER_ METHOD EPA 600 EPA 600 EPA 600 EPA 600 CARB 435 NIOSH 7400 EPA AHERA NIOSH 7402 ISO 10312 ASTM 6281-15 CHATFIELD ASTM D6480-05 (2010) ASTM D5755-09 (2014) ASTM D7521-16 CINCINNATI METHOD IN-HOUSE METHOD "Blanks should be taken from the same sample lot as field samples. REMARKS / SPECIAL INSTRUCTIONS: Relinquished By: Steve Henneberry TURN AROUND TIME DatelTime osro20.4 4 HR 8 HR El ❑ ❑ ❑ ❑ 1 DAY ❑ ❑ ❑ 0 El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 2 DAY ❑ ❑ ❑ iI ❑ E ❑ ❑ Received By: C F 3 DAY Li ❑ ❑ 5 DAY ❑ ❑ Accept Samples Reject Samples Date/Time of z l Samples will be disposed of 30 days after analysis rage 9o5 Version: CCOC.01.18.112.LD Page 216 of 644 titieurofins SAMPLING FORM COMPANY CONTACT INFORMATION Company: Hawkeye Environmental Job Contact: Steve Henneberry Project Name: Project ID #: Tel: SAMPLE ID# DESCRIPTION / LOCATION VOLUME/ AREA TEST 02`1 %tr‘cti-k.-i}o+xS 9.�:�� PLM �7 TEM I I ©� ,, ,, PLM ['l TEM 1 © Z6 ,, ., PLM TEM I 1 PLM I 1 TEM 1 I PLM 1 1 TEM I I PLM I 7 TEM I I PLM 1 I TEM 1 J PLM I TEM I I PLM 1 I TEM 1 I L PLM I 1 TEM 1 I ~ PLM 1 1 TEM 1 l PLM 1 1 TEM 1 I PLM 1 1 TEM 1 j PLM 1 1 TEM 1 1 PLM [ J TEM 1 I PLM 1 1 TEM 1 I PLM 1 1 TEM 1 I PLM 1 1 TEM { 1 PLM 1 1 TEM 1 I PLM 1 1 TEM 1 I PLM 1 1 TEM 1 I PLM r 1 TEM I I PLM 1 1 TEM 1 1 PLM r 1 TEM 1 I PLM 1 i TEM 1 1 PLM 1 1 TEM 1 i PLM F ] TEM 1 I PLM 1 J TEM L Page 2 of 2 Version: CCOC.01.18.2/2.LD Page 217 of 644 Page 218 of 644 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, For Asbestos Abatement Services, Contract AB-2024-09-07P for property located at 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, 318 Bratnober St, 309 E 2nd St, and 1103 Commercial St RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at City Hall, 715 Mulberry Street, Waterloo, Iowa, no later than 1:00 p.m., Thursday, September 26, 2024, for Asbestos Abatement Services, Contract AB-2024-09-07P, for the above noted properties, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers in City Hall of said City, on the 26th day of September, 2024 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the city website. PUBLIC HEARING A public hearing will be held on the 76 day of October, 2024 at 5:30 p.m. in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the proposed plans, specifications, and form of contract, for Asbestos Abatement Services, Contract AB-2024-09-07P, for the above noted properties. The proposed plans, specifications, and form of contract for said project are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting set forth above. 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. SCOPE OF WORK A. All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. B. Remove ACM as identified in the asbestos surveys included as Exhibit "B". C. Document amounts of ACM removed from each structure. D. Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. Page 219 of 644 E. At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. F. Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 2024. Kelley Felchle, City Clerk CITY OF WATERLOO, IOWA Page 220 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution setting the date of public hearing as September 16, 2024, for a request by the City of Waterloo to vacate 8,708 square feet of East San Marnan Drive right-of-way, located northwest of 2765 Crossroads Boulevard, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to set the date of public hearing as September 16, 2024, for a request by the City of Waterloo to vacate 8,708 square feet of East San Marnan Drive right-of-way, located northwest of 2765 Crossroads Boulevard, and instruct the City Clerk to publish notice. The dimensions of the area in question is about 50' X 175' (see attached survey). San Marnan Drive was formally State Highway 412, and the ROW is 300' wide. The City of Waterloo has gone through the proper state code steps, having the ROW appraised and sent out for bid to the previous owner who the state purchased or condemned the land from for highway purposes, along with notice to adjacent property owners. A similar sized parcel was vacated next to 2775 Crossroads Boulevard in August of 2023, and this parcel will abut that vacated land. There are private utilities located within part of the ROW and a utility easement shall be retained over the northwesterly 10' NEIGHBORHOOD IMPACT Vacation of the right-of-way will not negatively impact the area or traffic conditions. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning and Zoning Commission unanimously recommended approval of the vacate request at their August 13, 2024 meeting, subject to the retention of a utility easement over, under and upon the Page 221 of 644 northwesterly 10'. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION A survey of Parcel "G" of the Southeast Quarter (SE 1/4), Section 02 (Sec 2), Township 88 North (T88N), Range 13 West (R13W) of the 5th Principal Meridian (5th PM), City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Commencing at the northwesterly corner of Lot A-2, Crossroads Plat No. 4, being a found 1/2" rebar with plastic cap and license number 7811; thence North 47°56'51" East 52.19 feet along the northwesterly line of said lot to the point of beginning of this description; thence continuing North 47°56'51" East 174.13 feet along the northwesterly line of said lot to the northeasterly corner of said Lot A-2; thence North 41 °55'56" West 50.00 feet along the northwesterly extension of the northeasterly line of said Lot A-2; thence South 47°56'51" West 174.19 feet along a line parallel with and 50.00 feet distant from the said northwesterly line of Lot A-2 to the northwesterly extension of the northeasterly line of that part of Lot A-2 as last described in a Warranty Deed filed as Document Number 2015-8506 in the Office of the Black Hawk County Recorder; thence South 41 °59'43" East 50.00 feet along said northwesterly extension to the point of beginning containing 8,708 square feet (0.1999 acres), subject to the retention of a public utility easement over the northwesterly 10 feet of said parcel. ATTACHMENTS 1. Council Packet Page 222 of 644 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: July 11, 2023 Request by the City of Waterloo to vacate 50' X 175', 0.20 acres of East San Marnan Drive right-of-way (ROW) in the "S- 1" Shopping Center District located northwest of 2765 Crossroads Boulevard. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The vacated portion of the ROW would be used for a parking expansion to go along with the new retail center that is under construction at 2775 Crossroads Boulevard The request to vacate the ROW would not appear to have a negative impact upon the surrounding land uses and area. Vacation of the ROW would allow for the utilization of an underutilized portion of property. The proposed vacation would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. Staff has reviewed the amount of ROW and it would not impact future roadway improvements, other infrastructure related projects, recreational trails, sidewalk infill, etc. Approximately 115' will remain between the edge of the roadway to the new property line. The area is served by Crossroads Boulevard and Gina Boulevard, which are Local Streets, and Gina Boulevard connects to East San Marnan Drive which is a Minor Arterial. There are no trails or sidewalks in the immediate area, and the Complete Streets Advisory Committee has recommended infill sidewalks. A 5' sidewalk easement was dedicated at 2885 Crossroads Boulevard in 2016 along the frontages of Crossroads Boulevard and Gina Drive, so there are plans for sidewalk connectivity in this area. The area in question has been zoned "S-1" Shopping Center District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — East San Marnan Drive and commercial uses, zoned "C-2" Commercial District. South — Crossroads Boulevard and commercial uses, zoned "S-1" Shopping Center District. East — Gina Boulevard and Crossroads Boulevard, and commercial uses, zoned "S-1" Shopping Center District. West — East San Marnan Drive and commercial uses, zoned "S-1" Shopping Center District. SPA -Retail Center Page 1 of 3 Page 223 of 644 BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE August 13, 2024 No buffers or screening are required for this request. When the new parking lot applies for a permit, a landscaping plan will need to accompany the site plan. A drainage plan will need to be turned in when a permit is applied for the parking lot. Retail and other commercial built between 1969 and 2023. The property is not located within a Special Flood Hazar Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 19013C 0304G dated May 8, 2024. There are no public, open spaces or schools within the immediate vicinity. The following utilities are located adjacent to the site: • 8" Sanitary Sewer in a 30' easement fronting Crossroads Boulevard. • 4" drain tile and a 15" storm sewer in Crossroads Boulevard. • 4" drain tile in Gina Boulevard • 12" and 16" water mains in a 30' easement fronting both Crossroads Boulevard and Gina Boulevard. The Future Land Use Map designates this area as Commercial. This request would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The dimensions and acreage is about 50' X 175', equating to approximately 0.20 acres. San Marnan Drive was formally State Highway 412, and the ROW is 300' wide. A similar sized parcel was vacated next to 2775 Crossroads Boulevard in August of 2023, and the parcel for the request will abut that vacated land. The City of Waterloo has gone through the proper state code steps, having the ROW appraised and sent out for bid to the previous owner who the state purchased or condemned the land from for highway purposes, and adjacent property owners. There are private utilities located within part of the ROW and a utility easement shall be retained over the northwesterly 10' No subdividing is related to this request that would need to follow the guidelines of the Subdivision Ordinance. There were no comments, questions or concerns at the Technical Review Committee. Vacate ROW —Adj to 2765 Crossroads Blvd Page 2 of 3 Page 224 of 644 August 13, 2024 STAFF Therefore, staff recommends that the request by the City of RECOMMENDATION: Waterloo to vacate approximately a 50' X 175' (0.20 acres) of East San Marnan Drive right-of-way, located northwest of 2765 Crossroads Boulevard be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would appear not appear to have a negative impact on the surrounding area or traffic conditions. 3. The right-of-way is not needed for future public uses. And with the following conditions(s): 1. Subject to the retention of a utility easement over, under and upon the northwesterly 10'. Vacate ROW —Adj to 2765 Crossroads Blvd Page 3 of 3 Page 225 of 644 City of Waterloo Planning, Programming and Zoning Commission August 13, 2024 LOCKE AVE ❑ 0 HOWARD AVE PLYMOUTH AVE E. RIDGEWAYAVE OLESON RD - OLESON RD J W 2 LANGLEY RD m w KAPLAN DR = 0 LOIS LN' cn W Z ixF Z N JJ �[] �❑ 0U z ce w ry 7 w CI U TALCOTT CT' = O .AMMANG DR CREEKSIDE CT' 0 cT L �<`r.46 ALEXANDRA DR SOUTHTOWN DR " o 0 0 HUMNGBIRD 0 O CIR 0 piN M-G7 ovz CAMELOT DR 1- C3 N w FLAMMANG DR o ppRe)' R LIJ OCI us 0 0 x N Z R a. z c4 ▪ Fe o WISCONSIN LOCKE AVE CR0SSR0P cn E. { North of 2765 Crossroads Boulevard ROW Vacate City of Waterloo Perna ")9G of 6aa City of Waterloo Planning, Programming and Zoning Commission August 13, 2024 North of 2775 Crossroads Boulevard ROW Vacate City of Waterloo Pegs 777 of R44 Index Legend Location Description: Parcel "G", SE 1/4 Section 02, T88N, R13W City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: City of Waterloo 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 291-4312 Plat of Survey Parcel "G", Southeast Quarter, Section 02, Township 88 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, Iowa 10' PUBLIC UTILITY EASEMENT (RESERVED) (S 41°59'43" E) (50.00') N 48°34'55" E 52.19'' (N 47°56'51" E 52.19') POC FD. 1/2" REBAR W/FADED CAP "IOWA7811"&112" REBAR WIYELLOW CAP "IOWA 7811" N 26°18'04" W 0.29' FROM FADED CAP. USED FADED CAP. LOT A-1 CROSSROADS PLAT NO.4 N 41 °25'05' W 355.97' A (N 41'58'42' W 355.55') Plat Legend: Found Monument Set 5/8" x 24" Reber wlBlue o Cap "Iowa - 19715" El Cut "X" in concrete, found or set Found section comer monument A Set section comer monument 123.4s Record Measurement (023.451 Feld Measurement #"' Per Crossroads Plat No. 4 #' Warranty Deed File No. 2015-8506 FD. MAG NAIL IN HMA DRIVEWAY N 0°00'00" E 22.00' (N 0°33'52" W 22.00') (N 47°56'51" E 174.13') REBAR N 48°34'55' E 226.32' e - -' W/O CAP (N 47°56'51" E 226.32') (S 41 °59'43' E 301. C6 FD. 1/2" REBAR W/O CAP LOT A-2 CROSSROADS PLAT NO.4 #19715 EAST SAN MARNAN DRIVE (FORMER IOWA HIGHWAY 412) (S 47°56'51" W 174.19') #19715 A PARCEL "G" POB SE 1/4 2-88-13 (N 41°55'56" W) (50,00') 10' PUBLIC UTILITY EASEMENT (N 48°00'16" E 225.09') PARCEL "F" SE 1/4 2-88-13 #7811 Doc. # 2024-1045 )� FD 2- S 48°34'55" W 150.00' n - l (S 48°00'16" W 149.81') czi QOd o co OCC a U C5 C2 Q LEJ p,R oAp•ss GROSS 40 \ C3 #19715 LOT 4 CROSSROADS PLOT NO.2 #8033 #19715 S 48°36'00" W 107.46' A (S 48°04'04" W 107.46') )11: #19715 wEt 0 n us co 1- 5 W°' eL CURVE # RADIUS ARC LENGTH DELTA ANGLE LONG CHORD LENGTH BEARING Cl 20.00' 31.42' 90° (20.00') (31.42') (90'0'0") (28.28') (S03'04'04" W1 C2 412.21' 349.65' 48'36' (412.21'1 (349.65') (339.76') (S23°44'O8"W) 412.21' 22.55' (412.21') (22.36') (3'06'30") (22.36') (S 46'28'54" W) C4 412.21' 75.92' 10°33'11" 75.82' 540'11'20" W (412.211 (76.21') (10'35'35") (76.10') (539'3751"W) CS 412.21' (412.21'} (197.79') (27'29'35") (195.90') (5 20'35'16" W( CS 412. 21' (412.21') (53.28') (6'16'37") (53.24') (503'08'19" W) C7 (C5+C6) 412.21' 251.18' 34'54'45" 247.31' S 17'2722" W (412.21'1 (251.08') (33'46'12") (247.21') (516'53'06' W) Legal Description: A survey of Parcel "G" of the Southeast Quarter (SE 1/4), Section 02 (Sec 2), Township 88 North (ISSN), Range 13 West (R13W) of the 5th Principal Meridian (51h PM), City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows; Commencing at the northwesterly comer of Lot A-2, Crossroads Plat No. 4, being a found 1/2" rebar with plastic cap and license number 7811; thence North 47°56'51" East 52.19 feet along the northwesterly line of said lot to the point of beginning of this description; thence continuing North 47°56'51" East 174.13 feet along the northwesterly line of said lot to the northeasterly comer of said Lot A-2; thence North 41 °55'56" West 50.00 feet along the northwesterly extension of the northeasterly line of said Lot A-2; thence South 47°56'51" West 174.19 feet along a fine parallel with and 50.00 feet distant from the said northwesterly line of Lot A-2 to the northwesterly extension of the northeasterly line of that part of Lot A-2 as last described in a Warranty Deed filed as Document Number 2015-8506 in the Office of the Black Hawk County Recorder; thence South 41 °59'43" East 50.00 feet along said northwesterly extension to the point of beginning containing 8,708 square feet (0.1999 acres), subject to the retention of a public utility easement over the northwesterly 10 feet of said parcel. PRELIMINARY I hereby and my Land the direct Surveyor certify related personal that under survey this work supervision the surveying document was performed and laws of the by that I am State of was prepared me or under a duly licensed Iowa. William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2025. 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. Ali dimensions are in US Survey feet and decimals thereof. 3. Parcel letter "G" assigned by the Stack Hawk County Auditor's Plat Room on January 10, 2024. 4. Parcel "G" area: 8,708 square feet (0.1999 acres). 0 40 80 Scale: 1 inch = 80 feet City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, lowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 80' Field Work Date: 6-22 & 7-11-2023 Date Drawn: 1-10-2024 Sheet No. 1 of 1 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant (Business Name ifApplicable: �lj VY.01:3 Address: 1t S LL SI--, 'refit -Lb £&ic 3 Phone No.: ;5L9. 211. 366, Email: General Description of Property to Vac ted (i.e.- alley between A St. & B St., South of C St.): aeTHWEST pP .2.'76 5 ,s' 05' 131.-va . Legal description of area to be conveyed, vacated, or encroached: 3 e Al ,r b . 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation --- Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy -- One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price— Deductions = Value of Property: Offer Price for Entire Area: /V Note: The above intbrmation is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: ' . se pr«v' a site plan and/or aerial photo of the area to be vacated if the request involves nal constrj t' • n as the reason for the request. efry oeXA Applicant Print Name *Not required for easement vacates sidewalk vacates or Encroachment Agreements e4 /2021/ Date Page 229 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution setting the date of public hearing as September 16, 2024, for an Amendment to the Development and Minimum Assessment Agreement with Grant Park, LLC, executed on October 16, 2024, to convey additional city -owned property, located northwest of 2765 and 2765 Crossroads Boulevard, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted Resolution setting the date of public hearing as September 16, 2024 for an Amendment to the Development and Minimum Assessment Agreement with Grant Park, LLC, executed on October 16, 2023, to convey additional city -owned property, located northwest of 2765 and 2765 Crossroads Boulevard, and authorize the City Clerk to publish notice. The City of Waterloo went through the proper state code requirements to dispose of East San Marnan Drive right-of-way, and this amendment to the development agreement is adding the additional right-of-way, known as Parcel "G", along with wording that the land that will get conveyed cannot be sold to a third party. No bids were received when the City of Waterloo went through the state code process. Parcel "F" as noted in the legal description has already been conveyed to the adjacent property owner. NEIGHBORHOOD IMPACT Request to add the additional right-of-way to the development agreement would negatively impact traffic conditions in the area, and the Planning and Zoning Commission unanimously recommended approval of the vacation of the land at their August 13, 2024 regular meeting. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 230 of 644 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel "F" according to Plat of Survey recorded July 24, 2023 as Doc. No. 2024-1045, being a part of the Southeast Quarter (SE 1/4), Section 2, Township 88 North (T88N), Range 13 West (R13W) of the 5th Principal Meridian (5th PM), City of Waterloo, Black Hawk County, State of Iowa. AND Parcel "G" according to Plat of Survey recorded as Doc. No. 2025- being a part of the Southeast Quarter (SE 1/4), Section 2, Township 88 North (T88N), Range 13 West (R13W) of the 5th Principal Meridian (5th PM), City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Commencing at the northwesterly corner of Lot A- 2, Crossroads Plat No. 4, being a found 1/2" rebar with plastic cap and license number 7811; thence North 47°56'51" East 52.19 feet along the northwesterly line of said lot to the point of beginning of this description; thence continuing North 47°56'51" East 174.13 feet along the northwesterly line of said lot to the northeasterly corner of said Lot A-2; thence North 41 °55'56" West 50.00 feet along the northwesterly extension of the northeasterly line of said Lot A-2; thence South 47°56'51" West 174.19 feet along a line parallel with and 50.00 feet distant from the said northwesterly line of Lot A-2 to the northwesterly extension of the northeasterly line of that part of Lot A-2 as last described in a Warranty Deed filed as Document Number 2015-8506 in the Office of the Black Hawk County Recorder; thence South 41°59'43" East 50.00 feet along said northwesterly extension to the point of beginning containing 8,708 square feet (0.1999 acres), subject to the retention of a public utility easement over the northwesterly 10 feet of said parcel. ATTACHMENTS 1. Amendment to Development Agreement 2. Parcel G Plat of Survey Page 231 of 644 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of , 2024 by and between Grant Park, L.L.C. (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated October 16, 2023 (the "DA") concerning the development of property as described in the Agreement. Company and City are also parties to that certain Minimum Assessment Agreement (the "MAA") pertaining to said property, dated as of the same date as the DA. B. The parties desire to amend the DA and the MAA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Section 6.B of the DA is amended to add a new unnumbered paragraph to the end thereof, as follows: "Company agrees that the City Property may not be conveyed to any third party separately from the Property. Any such conveyance without the prior written consent of City shall be void." 2. Exhibit "A-1" to the DA and the MAA is hereby stricken and replaced with a new Exhibit "A-1" attached hereto. 3. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA or MAA, as applicable. The DA, MAA, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. Page 232 of 644 Page 2 CITY OF WATERLOO, IOWA GRANT PARK, L.L.C. By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Howard L. Allen Managing Member On this day of , 2024, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. 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 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2024, by Howard L. Allen as Managing Member of Grant Park, L.L.C. z A Jam.* IOWA LETITIA S PINES COMMISSION NO. 805211 MY COMMISSION EXPIRES JULY 13, 2026 Notary Public Page 233 of 644 EXHIBIT "A-1" Legal Description of City Property Parcel "F" according to Plat of Survey recorded July 24, 2023 as Doc. No. 2024-1045, being a part of the Southeast Quarter (SE 1/4), Section 2, Township 88 North (T88N), Range 13 West (R13W) of the 5th Principal Meridian (5th PM), City of Waterloo, Black Hawk County, State of Iowa. AND Parcel "G" according to Plat of Survey recorded as Doc. No. 2025- being a part of the Southeast Quarter (SE 1/4), Section 2, Township 88 North (T88N), Range 13 West (R13W) of the 5th Principal Meridian (5th PM), City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Commencing at the northwesterly corner of Lot A-2, Crossroads Plat No. 4, being a found 1/2" rebar with plastic cap and license number 7811; thence North 47°56'51" East 52.19 feet along the northwesterly line of said lot to the point of beginning of this description; thence continuing North 47°56'51" East 174.13 feet along the northwesterly line of said lot to the northeasterly corner of said Lot A-2; thence North 41 °55'56" West 50.00 feet along the northwesterly extension of the northeasterly line of said Lot A-2; thence South 47°56'51" West 174.19 feet along a line parallel with and 50.00 feet distant from the said northwesterly line of Lot A-2 to the northwesterly extension of the northeasterly line of that part of Lot A-2 as last described in a Warranty Deed filed as Document Number 2015-8506 in the Office of the Black Hawk County Recorder; thence South 41 °59'43" East 50.00 feet along said northwesterly extension to the point of beginning containing 8,708 square feet (0.1999 acres), subject to the retention of a public utility easement over the northwesterly 10 feet of said parcel. Page 234 of 644 Index Legend Location Description: Parcel "G", SE 1/4 Section 02, T88N, R13W City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: City of Waterloo 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 291-4312 Plat of Survey Parcel "G", Southeast Quarter, Section 02, Township 88 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, Iowa 10' PUBLIC UTILITY EASEMENT (RESERVED) (S 41°59'43" E) (50.00') N 48°34'55" E 52.19'' (N 47°56'51" E 52.19') POC FD. 1/2" REBAR W/FADED CAP "IOWA7811"&112" REBAR WIYELLOW CAP "IOWA 7811" N 26°18'04" W 0.29' FROM FADED CAP. USED FADED CAP. LOT A-1 CROSSROADS PLAT NO.4 N 41 °25'05' W 355.97' A (N 41'58'42' W 355.55') Plat Legend: Found Monument Set 5/8" x 24" Reber wlBlue o Cap "Iowa - 19715" El Cut "X" in concrete, found or set Found section comer monument A Set section comer monument 123.4s Record Measurement (023.451 Feld Measurement #"' Per Crossroads Plat No. 4 #' Warranty Deed File No. 2015-8506 FD. MAG NAIL IN HMA DRIVEWAY N 0°00'00" E 22.00' (N 0°33'52" W 22.00') (N 47°56'51" E 174.13') REBAR N 48°34'55' E 226.32' e - -' W/O CAP (N 47°56'51" E 226.32') (S 41 °59'43' E 301. C6 FD. 1/2" REBAR W/O CAP LOT A-2 CROSSROADS PLAT NO.4 #19715 EAST SAN MARNAN DRIVE (FORMER IOWA HIGHWAY 412) (S 47°56'51" W 174.19') #19715 A PARCEL "G" POB SE 1/4 2-88-13 (N 41°55'56" W) (50,00') 10' PUBLIC UTILITY EASEMENT (N 48°00'16" E 225.09') PARCEL "F" SE 1/4 2-88-13 #7811 Doc. # 2024-1045 )� FD 2- S 48°34'55" W 150.00' n - l (S 48°00'16" W 149.81') czi QOd o co OCC a U C5 C2 Q LEJ p,R oAp•ss GROSS 40 \ C3 #19715 LOT 4 CROSSROADS PLOT NO.2 #8033 #19715 S 48°36'00" W 107.46' A (S 48°04'04" W 107.46') )11: #19715 wEt 0 n us co 1- 5 W°' eL CURVE # RADIUS ARC LENGTH DELTA ANGLE LONG CHORD LENGTH BEARING Cl 20.00' 31.42' 90° (20.00') (31.42') (90'0'0") (28.28') (S03'04'04" W1 C2 412.21' 349.65' 48'36' (412.21'1 (349.65') (339.76') (S23°44'O8"W) 412.21' 22.55' (412.21') (22.36') (3'06'30") (22.36') (S 46'28'54" W) C4 412.21' 75.92' 10°33'11" 75.82' 540'11'20" W (412.211 (76.21') (10'35'35") (76.10') (539'3751"W) CS 412.21' (412.21'} (197.79') (27'29'35") (195.90') (5 20'35'16" W( CS 412. 21' (412.21') (53.28') (6'16'37") (53.24') (503'08'19" W) C7 (C5+C6) 412.21' 251.18' 34'54'45" 247.31' S 17'2722" W (412.21'1 (251.08') (33'46'12") (247.21') (516'53'06' W) Legal Description: A survey of Parcel "G" of the Southeast Quarter (SE 1/4), Section 02 (Sec 2), Township 88 North (ISSN), Range 13 West (R13W) of the 5th Principal Meridian (51h PM), City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows; Commencing at the northwesterly comer of Lot A-2, Crossroads Plat No. 4, being a found 1/2" rebar with plastic cap and license number 7811; thence North 47°56'51" East 52.19 feet along the northwesterly line of said lot to the point of beginning of this description; thence continuing North 47°56'51" East 174.13 feet along the northwesterly line of said lot to the northeasterly comer of said Lot A-2; thence North 41 °55'56" West 50.00 feet along the northwesterly extension of the northeasterly line of said Lot A-2; thence South 47°56'51" West 174.19 feet along a fine parallel with and 50.00 feet distant from the said northwesterly line of Lot A-2 to the northwesterly extension of the northeasterly line of that part of Lot A-2 as last described in a Warranty Deed filed as Document Number 2015-8506 in the Office of the Black Hawk County Recorder; thence South 41 °59'43" East 50.00 feet along said northwesterly extension to the point of beginning containing 8,708 square feet (0.1999 acres), subject to the retention of a public utility easement over the northwesterly 10 feet of said parcel. PRELIMINARY I hereby and my Land the direct Surveyor certify related personal that under survey this work supervision the surveying document was performed and laws of the by that I am State of was prepared me or under a duly licensed Iowa. William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2025. 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. Ali dimensions are in US Survey feet and decimals thereof. 3. Parcel letter "G" assigned by the Stack Hawk County Auditor's Plat Room on January 10, 2024. 4. Parcel "G" area: 8,708 square feet (0.1999 acres). 0 40 80 Scale: 1 inch = 80 feet City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, lowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 80' Field Work Date: 6-22 & 7-11-2023 Date Drawn: 1-10-2024 Sheet No. 1 of 1 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution setting the date of bid opening as September 26, 2024, and resetting the date of public hearing as October 7, 2024, in conjunction with the FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration Project, Contract No. 1109, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION No bids were received when the project was bid on August 22, 2024, so the project is being let for re- bid. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 236 of 644 1. NOTICE OF PUBLIC HEARING Page 237 of 644 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the MLK WETLAND RESTORATION PROJECT In the City of Waterloo, Iowa CONTRACT NO. 1109 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 26th day of September, 2024, until 1:00 p.m for the construction of the MLK WETLAND A RESTORATION PROJECT, CITY CONTRACT NO. 1109, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 26th day of September, 2024, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 7th day of October, 2024, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing or appear and make objection thereto with the City Clerk before the date set for said hearing or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ NOTICE OF HEARING CONTRACT NO. 1109 AECOM 60616518 Page NPH-1 OF 2 MLK Wetland A Restoration Project Page 238 of 644 SCOPE OF WORK Work of this Contract consists of restoring one wetland and the installation of field fence around protected areas. Spoils from the wetland restoration site shall be hauled to a nearby vacant industrial site for placement. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City of Waterloo, Iowa, on the day of , 2024. CITY OF WATERLOO, IOWA BY: Kelly Felchle City Clerk NOTICE OF HEARING CONTRACT NO. 1109 AECOM 60616518 Page NPH-2 OF 2 MLK Wetland A Restoration Project Page 239 of 644 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 September 3, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as September 16, 2024, for the sale and conveyance of City property located near 919 Newell Street and 918 Newell Street in the amount of $5,000.00, each and to approve a phased Development Agreement with Dellatan Asset Acquisition, LLC, including a $5,000 development grant for each residential unit created for a total of up to $60,000 in Infill Housing Grants, for the construction of up to twelve new single-family homes or duplex units, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Phase I of the project would include two residence on the property located along the north side of Newell Street (adjacent to 919 Newell Street). Upon substantial completion of the initial two residence the city would deed the remaining property along the south side of Newell Street (adjacent to 918 Newell Street) for the remaining 10 residents to be constructed. NEIGHBORHOOD IMPACT The project would bring residential development to vacant lots that the City has owned for over 8 years. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Bonds ALTERNATIVE ACTION Page 240 of 644 LEGAL DESCRIPTION Phase I: Lots Nos. 10, 11 and 12 in Block No. 1 in Warneka's Addition to the City of Waterloo, Iowa. Phase II: Lots 2 through 7, incisive, and lots 14 through 20, inclusive, and all of the vacated alley in Block 2 lying between lots 1 through 6 and lots 15 through 20, all in Block No. 2 in "Rose Hill Re -Plat," Waterloo, Iowa. ATTACHMENTS 1. Map of Newell Street Properties 2. Dellatan Asset Acquisition DA Page 241 of 644 Quincy Quincy :g• rosoft. Es• . EPA, NJ - itc-411M-1[MC.E14:4&%, DA. 4F Page 242 4 1 Preparer: Christopher 5. 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 August 28, 2024, by and between [Dellatan Asset Acquisition LLC] ("Company"), and the City of Waterloo, Iowa ("City'). RECITALS A. City is the owner of real property identified as parcel nos. 8913-13-459- 019 (the "Phase 1 Property" and 8913-24-203-003 (the "Phase 2 Property"), as further described on Exhibit "A" attached hereto (collectively, the "Project Property'). Company desires to undertake a project on the Project Property and is willing and able to finance and construct no fewer than 12 single-family dwellings and/or twin homes and related improvements thereon. B. 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 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 Projects (defined below) have been undertaken and are 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 Phase 1 Property to Company for the sum of $5,000.00 (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) general utility and right-of-way easements serving the Phase 1 Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City shall 1 Page 243 of 644 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. 2. Phased Development; Improvements. The parties contemplate that Company will develop the Project Property in phases, to include the Project elements described below and subject to development of more detailed plans for each phase at one or more future dates. Company acknowledges that it has had a reasonable opportunity to inspect the Project Property and to conduct other due diligence related to the Project. Company agrees to accept the Project Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Project Property, its marketability, or its fitness for any particular purpose. Corresponding as necessary or appropriate with each phase of development, at its own cost Company shall: (a) take all measures necessary to prepare the Project Property for development; (b) at its option, re -plat either or both phases of the Project Property to suit its needs for construction of the Improvements; (c) construct to a finished state no fewer than two (2) single-family dwellings in Phase 1 and ten (10) single-family dwellings in Phase 2, including construction of garages and installation of driveways and sidewalks for each lot, provided that in Phase 2 Company shall have the option to construct twin homes pursuant to plans approved by City in advance of construction; and (d) 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 in each the foregoing clauses are referred to collectively as the "Improvements"). The Improvements shall be constructed to achieve an assessed value of no Tess than $130,000.00 for each dwelling, shall be constructed in accordance with the terms of this Agreement and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. 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." 2 Page 244 of 644 Improvements completed within the schedule established by Section 5 below will be eligible for the benefits provided for in this Agreement, and any phase of the Improvements not completed within the prescribed period will not be eligible for said benefits, 3. Phase 2 Property. Company shall have the option to acquire the Phase 2 Property on the terms set forth in this Section. To exercise the option to purchase the Phase 2 Property, and provided that Company has Substantially Completed the Phase 1 Improvements, Company shall deliver written notice of exercise to City within six (6) months after it receives the final certificate of occupancy with respect to dwellings in Phase 1, or said option shall lapse. Company shall, within 60 days after delivery of the notice of option exercise, purchase the Phase 2 Property from City for the sum of $5,000.00 on terms substantially the same as those set forth in Section 1. 4. Construction Plans. Company agrees that it will cause the Improve- ments to be •constructed on the Property in conformance with construction plans (the "Plans") submitted to the City, which Plans shall be subject to approval as provided in this Section. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. Home designs are attached hereto as Exhibit "B." City shall approve the Plans in writing if: (a) the Plans conform to the terms and conditions of this Agreement; (b) the Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (c) the Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (d) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Approval of Plans hereunder shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. The Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans in whole or in part, Company shall submit new or corrected Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans shall continue to apply until the Plans have been approved by the City; provided, however, that in any event Company shall submit Plans which are approved by City prior to commencement of construction of the Improvements. Approval of the Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the 3 Page 245 of 644 provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans by City be deemed to constitute a waiver of any Event of Default. 5. 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. A. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements for a given phase within four (4) months after conveyance of the Phase 1 Property or the Phase 2 Property, as applicable, to Company (the "Phase Start Date"). Company shall construct new homes and related improvements in Phase 1 (and Phase 2 if Company exercises its option to purchase the Phase 2 Property) on a schedule so that no Tess than one (1) dwelling is Substantially Completed every fourteen (14) months. 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 of such phase for which no permit was necessary has been completed to the City's reasonable satisfaction. B. If Company has not begun construction of the Improvements before the applicable Phase Start Date, City may terminate this Agreement as set forth in Section 16, title to uncompleted areas of the Project Property shall revert to City, and City shall have no further obligation hereunder with respect to such Project 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 Project Property by any Improvements, or to refund the Purchase Price in whole or in part. 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 applicable phase completion date by a number of days equal to the number of days lost as a result of Unavoidable Delays. If construction is not completed within the allowed period of extension, 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. 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 Page 246 of 644 C. City may terminate this Agreement as set forth in Section 16, in which case title to the Project Property shall revert to City, and City shall have no further obligation hereunder with respect to such Project, nor any duty to compensate Company for any work or materials provided before the termination date or for the added value of any Improvements completed or partially completed. Termination of this Agreement by City, and any related reverter of title obligations, shall not apply with respect to any area on which Improvements have been Substantially Completed or substantial progress toward completion is being made in City's reasonable judgment (the Project Property other than such excepted area(s) being the "Undeveloped Property"). In the event of any termination, City shall have no further obligations under this Agreement with respect to the Undeveloped Property, D. if Company determines at any time that the Project, in whole or in part, is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Undeveloped Property to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement with respect to the Undeveloped Property, except as expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Undeveloped Property or any part thereof. 6. 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 reverted Project Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the reverted Project 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 on Company's behalf and as its attorney -in -fact City shall be authorized, but not required, to execute 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 reverted Project Property of any type or nature whatsoever that attaches to the reverted Project 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 5 Page 247 of 644 City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 7. Utilities. Company will be responsible for extending 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. 8. Incentives. The incentives described in the following subsections of this Section 8 are in addition to the other Project incentives extended by City to Company hereunder. A. Infill Grant. As provided in the City's infill housing policy, City will pay a grant of $5,000.00 to Company for timely completion of each dwelling unit of the Improvements. Each such grant will be payable within sixty (60) days after City has verified that a given dwelling has been Substantially Completed. B. Refund of Purchase Price. With respect to each phase, City will refund the Purchase Price to Company within ninety (90) days after all of the Improvements for that phase have been Substantially Completed. C. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company or its successor in title meets all requirements to qualify for such exemption. 9. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Project 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 Project Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 10. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Project 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. 11. 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: 6 Page 248 of 644 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. C. Company will cooperate fully with City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company agrees during construction of the Improvements to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like companies engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. 12. 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. 13. 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 7 Page 249 of 644 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. 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 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. 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. 8 Page 250 of 644 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. 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. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Project Property, or this Agreement, without the prior written consent of City, except as otherwise expressly provided in 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 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 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. 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. 16. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice 9 Page 251 of 644 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 Project Property and/or 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. 17. 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. 18. 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. 10 Page 252 of 644 19. 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. 20. 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 1542 Fiammang Dr, Waterloo Iowa, 50702, Attention: Managing Member. 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. 21. 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. 22. 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. 23. 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 11 Page 253 of 644 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. 24. 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. 25. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 26. 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. 27. 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. 28. 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 Attest: Kelley Felchle, City Clerk 12 [Dell tan As -t cquisiti • n LLC] t� ByE O'De l L all' Managing Member Page 254 of 644 EXHIBIT "A" Project Property Description Phase 1 Property Lots Nos. 10, 11 and 12 in Block No. 1 in Warneka's Addition to the City of Waterloo, Iowa. Phase 2 Property Lots 2 through 7, inclusive, and Lots 14 through 20, inclusive, and all of the vacated alley in Block 2 lying between Lots 1 through 6 and Lots 15 through 20, all in Block No. 2 in "Rose Hill Re -Plat," Waterloo, Iowa. 1 Page 255 of 644 See attached. EXHIBIT'B" Home Designs 1 Page 256 of 644 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2024 Sidewalk Repair Assessment Program - Zone 3, Contract No. 1082, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith are the final schedule of assessments, abandonment schedule, final plats and breakdown of project costs for the FY 2024 Sidewalk Repair Assessment Program — Zone 3, Contract No. 1082, which is bounded by: West City Limits — Cedar River — West Mullan Avenue — US Hwy 63 — West City Limits NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 257 of 644 ATTACHMENTS None Page 258 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing two, 2024 Chevy Malibu vehicles, from Karl Chevrolet, Inc., Ankeny, Iowa, in the amount of $49,360.00, for the Police Administration Department RECOMMENDED COUNCIL ACTION Requesting approval of purchase. SUMMARY STATEMENT AND BACKGROUND INFORMATION This is a state bid purchase to replace current (2) admin Police Department vehicles. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES 010-11-1100-2117 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 09.16.24-KARLS-2024 MALIBU-PD Page 259 of 644 Page 260 of 644 1101 S.E. ORALABOR ROAD ANKENY, IOWA 50021- www.karIchevraleLcom PHONE (515) 964.4255 TOLL FREE 1-800-622-8264 SUFSA'AH GOVERNMENT DEAL jirmitniNgr t'/AA 015t ubq uuq, SALE SYMI LUTE 0 �23 24 UVYER FIRS! NI LAST COIR1YLFt IIIISI Nf tASf 17 '(319)?.15-8080 CITY OF WATERLOO ICE SI RI FT AMA} SS 625 GLENS'WOOD ST Ivn (319) 215-8080 I'.IIY COLEY IY SIAIL 1IF'COt WATERLOO BLACKHAt�K IA 507L#03-4063 CIfStOVEIIe 123494 YEAR ffwUSE0 LIAR[ MODLL LAILR'ORCOLOft P.,ILA& SIIX:Kfo 2024 NE11 CHEVROLET IIALIBU BLACK NET 12 8487 tut4AElt 1G1ZB5ST9RF2407o6 CAR 361361 richard.strange@S•IATERLOO-IA.ORG IOW VALUE PIKE 24680 . 00 Iowa law requires us to give you the following notice: You understand that liability insurance coverage which would protect you under the Iowa Motor Vehicle and Safety Responsibility Act IS NOT INCLUDED in your purchase of this motor vehicle. II is customer's responsibility to notify their insurance company of any changes. DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO A BUYER FOR THE PREPARATION OF DOCUMENTS AND THE PERFORMANCE OF RELATED SERVICES. THE MAXIMUM AMOUNT THAT MAY BE CHARGED FOR A DOCUMENTARY FEE IS DETERMINED BY IOWA CODE SECTION 322.19A. THIS NOTICE IS REQUIRED BY LAW. The vehicle is not being purchased for export or resale and allows a refund from the customer of any GM moneys paid should that customer resell or export a GM vehicle without the dealer's knowledge. Government Sales / Comm Fleet We agree that: (1) transactions where multiple cars are purchased by a single purchaser and payment is delayed ("Bulk Deferred Transactons") are not ordinary transactions; Dealership's CA.CR S&L 4'11C1.-Of v111n1 $ 24680.00 course (2) the lender, Ally Bank (along with its affiliates, ("Lender')), has not authorized the Dealership to sell or otherwise dispose USED YENiCIE ALLOWANCE TRADE KfA.K1 ()I Ift1ITH .14 YrAt1 MOT 5,1„At. s N/A of (and has not consented to the sale or other disposition of) vehicles in Bulk Deferred Transactions free of its security interest in the vehicles; (3) the purchase of vehicles in Bulk Deferred Transactions free the interest Lender USE VEHICLE ALLOWANCE TRADE YAM Of MAD(01 YtAFt MOD(L StIPAl . s N/A of security of would violate the terms of the Dealership's financing documents with Lender and the rights of Lender would violate the terms of the Dealership's financing documents with Lender and the rights of Lender in the vehicles; (4) the USEDVENICLE ALLOWANCE TRADE3 4'AKI `>t 1FIulI _h'i YE Aft MIES i s'II'u • $ N/A Purchaser is not a "buyer in ordinary course of business" as defined in the Uniform Commercial Code; and (5) accordingly, the sale of vehicles by the Dealership to the Purchaser in Bulk Deferred Transactions will not extinguish Lender's security interest in the vehicles. Lender's security interest in a R.A.•.lI4AC11HII its IIEUAIE S NSA vehicle will automactically extinguish when payment is made for that vehicle. This provision may only be changed by written notice from Lender. You understand that this agreement (Including the terms on The back) is an offer to purchase the vehicle described which will become a binding contract once the dealer has signed it. This document represents the complete agreement between you and the dealer regardless of any other oral, written or prior agreements or representations. Hoy grre t/ipti!)fa $ hill a lead uohirlo Fhrm o ;ranhlinn tr rr ran nn Ihn 1101 S.E. ORALABOR ROAD ANKENY, IOWA 50021 www.karichevrolet.com SAL F SLAW GOVERNMENT DEAL PHONE (515) 964-4255 TOLL FREE 1-800-622-8264 FAX (515) 964-0845 SAL F SATAN I RSFE Q`71/23�2024 WYEfi IIRSF MI IASI C.Onl1YER FIRST EAT IAS1 (319)215-8080 CITY OF WATERLOO Icl Sint L F AtxlFIL SS 625 GLENWOOD ST °n(319)215-8080 COY COO1ITY STATE nPC(XW WATERLOO BLACKNAWK IA 50703-4063 ( S113VFRf 123494 YEAR NEW USIn MAKE ATCOCL Ix II MOO COLOR AT !CAGE SIOCX NO 2024 NEW CHEVROLET MALIBU GRAY STERLI 12 8512 st v54 II1G1Z}35ST5RF251069 CA pEA1f 362045 era.chard.strange@WATERLOO--IA.ORG [aria vAEln Pnarr 24680.00 CAST I SAL L PIT:Cr Of VI IEY:l USED YENICLE ALLOWANCE TRAOE 1 MAKF a RLAEN-LH YI Ail MODE I SE Nut f 24680.00 USED YEIKLE ALLOWANCE TRADE 2 MAKE Or law)[-CL YE A11 WOOEE StN M_ USED YERICLE ALLOWANCE TRADE I LrMKF Of 111AE>F 4:4 Y1 All LVxN 1 SE 111u f IMAM: TWEET S IN NAIE N/A N/A N/A N/A lowa law requires us to give you the following notice: You understand that liability insurance coverage which would protect you under the lowa Motor Vehicle and Safety Responsibility Act IS NOT INCLUDED in your purchase of This motor vehicle. It is customer's responsibility to notify (heir insurance company of any changes. DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO A BUYER FOR THE PREPARATION OF DOCUMENTS AND THE PERFORMANCE OF RELATED SERVICES. THE MAXIMUM AMOUNT THAT MAY BE CHARGED FOR A DOCUMENTARY FEE IS DETERMINED BY IOWA CODE SECTION 322.19A. THIS NOTICE IS REQUIRED BY LAW. The vehicle is not being purchased for export or resale and allows a refund from the customer of any GM moneys paid should Thal customer resell or export a GM vehicle without the dealer's knowledge. Government Sales / Comm Fleet We agree that: (1) transactions where multiple cars are purchased by a single purchaser and payment is delayed ("Bulk Deferred Transactons") are not ordinary course transactions; (2) the Dealership's lender, Ally Bank (along with its affiliates, ("Lender")), has not authorized the Dealership to sell or otherwise dispose of (and has not consented to the sale or other disposition of) vehicles in Bulk Deferred Transactions free of its security interest in the vehicles; (3) the purchase of vehicles in Bulk Deferred Transactions free of the security interest of Lender would violate the terms of the Dealership's financing documents with Lender and the rights of Lender would violate the terms of the Dealership's financing documents with Lender and the rights of Lender in the vehicles; (4) the Purchaser is not a 'buyer in ordinary course of business" as defined in the Uniform Commercial Code; and (5) accordingly, the sale of vehicles by the Dealership to the Purchaser in Bulk Deferred Transactions will not extinguish Lender's security interest in the vehicles. Lender's security interest in a vehicle will automaclically extinguish when payment is made for that vehicle. This provision may only be changed by written notice from Lender. You understand that this agreement (including the terms on the back) is an offer to purchase the vehicle described which will become a binding contract once the dealer has signed it. This document represents the complete agreement between you and the dealer regardless of any other oral, written or prior agreements or representations. uHowgveer�if,yeiu� rep huno inn a erl rrnhinfn !ha infnrmotin Ir aI o 8 h''b1 Pre -Authorization Request Item Description: ,79a4/ //i0S` Intended Use (replacement for X, new unit for X purpose, etc.): Sourcewett HGAC / Demo Unit Quotes: �/ o v�i � 1. $,> �. r°C) Vendor: /iC�L� rho LP/ 2. $ Vendor: 3. $ Vendor: Account (GI_ code): _bib-- / 1-1) 00 - ,2/ r1 Page 263 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Police Department in the amount of $36,000.00, for Uniformed Police Presence at Community Events. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Hotel/Motel Tax Discretionary Funds. COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES We have received adequate revenue to make this award. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo PD H/M Disc Application Page 264 of 644 CITY OF �J� � � TERLOO Community of Opportunity 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 Waterloo Police Department Name of facility/project Uniformed Police Presence at Community Events Contact person Chief Rob Duncan Email duncanr@waterloopolice.com Address of organization or person completing application: Street 715 Mulberry St GityWaterloo State IA zip 50703 Phone 319-291-4340 Fax: Page 265 of 644 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. a) These funds allow officers to provide a proactive police presence at community events held from July 1 through June 30, 2025. These events provide a substantial occupancy boost to the Hotels and Motels in the Waterloo area. A law enforcement presence is required at these events to provide a safe and family friendly atmosphere to showcase our community. b) These grant funds are utilized so officers can work at several area events including: Irish Fest, National Cattle Congress, Fridayloo, BBQIoo, Mayor's fireworkds, My Waterloo Day's and 4th St Cruise. Page 266 of 644 3. What is the mission of your organization? To vigilantly protect, serve and work together with our community to prevent crime and enhance the quality of life in our neighborhoods. 4. How long has your organization been in existence? Since 1868 5. How many staff members and/or volunteers are involved in this organization and the project? We have 123 sworn officers, 9 civilians and 10 volunteers. All employees of the police department are involved in promoting and working the events throughout the year. 6. Please indicate all the categories that your nroiects supports: Category 1 — Supports tourism and heads on beds I Category 2 — Supports and assists community events 1. 1 Category 3 — Brings people downtown I r l 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. Uniformed Waterloo Police Officers provide security at a variety of community events. We provide a visible police presence and proactively address issues of public safety which allows citizens and their guests to enjoy the quality of life amenities the city provides. The police presence also minimizes criminal activity that would reflect a negative image on the event and the City of Waterloo. Page 267 of 644 8. If your project has or will continue for more than one year, please explain your plans for financial sustaivability The overtime budget is funded via the 8.10 levy. These funds are used in addition to the Hotel/Motel funds to provide a proactive police presence at the events as needed. The safety of our citizens and visitors is paramount in our mission at these events. 9. Give an estimate of how you plan to measure the success of the project There has been a proactive police presence at community events for the past several years. As a result, there have been no major incidents surrounding the events and we have developed strategies to address recurring problems at the events. These measures have provided a positive response in the perception of the City of Waterloo and our events. Attendance at community events has increased and visitors to our community enjoy the safer environment. Waterloo is becoming a destination city for these events and as such we must provide the necessary security to ensure ongoing safety. 10. Describe specifically how the proposed project will be marketed. These events are marketed by various community organizations within the city and provide a positive image for the City of Waterloo. Page 268 of 644 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. Event and Cost 4th Street Cruise $5,000.00 Irish Fest $5,000.00 National Cattle Congress $12,500.00 BBQIoo's/Fridayloo's $4,000.00 My Waterloo Days $6,000.00 Mayor's Fireworks $3,500.00 Total Funs Requested $36,000.00 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. BUDGET SUMMARY: Total Project Cost $ 36,000 00 Additional Funding Sources $ In -Kind Services $ HotelMotel Tax Grant Request $ 36,000.00 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 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. ias 6/20/2024 Signature of Applicant Date Page 269 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2022B, and providing for publication of notice thereof. 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. Fix Date Reallocation - Waterloo 2022B Bonds (parking equipment) (02394426x7F7E1) Page 270 of 644 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA • Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2022B, and providing for publication of notice thereof. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 271 of 644 September 3, 2024 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at P.M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: Page 272 of 644 Council Member introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2022B, OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2022B, OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City Council of the City of Waterloo, Iowa has previously issued its General Obligation Bonds, Series 2022B (the "Series 2022B Bonds") in the principal amount of $5,685,000, to pay the costs of various city improvement projects; and WHEREAS, certain proceeds of the Series 2022B Bonds remain unspent, and City staff has recommended that not to exceed $142,000 of unspent proceeds of the Series 2022B Bonds originally related to the projects described above (hereinafter referred to as the "Unspent Proceeds") be applied for the purpose of paying costs of the acquisition, construction, improvement and equipping of parking facilities systems, including parking meters and other fixtures, equipment, accessories, appurtenances and requisites useful for the successful operation of a parking facilities system (the "Project"); and WHEREAS, there being no procedure specified under Iowa law for consideration or approval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 should apply and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to provide funds for paying costs of the Project. 2 Page 273 of 644 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at P.M., on the 16th day of September 2024, for the purpose of taking action on the matter of the proposed reallocation of not to exceed $142,000 of unspent proceeds of Series 2022B Bonds to provide funds to pay costs of the acquisition, construction, improvement and equipping of parking facilities systems, including parking meters and other fixtures, equipment, accessories, appurtenances and requisites useful for the successful operation of a parking facilities system. Section 2. That the City Clerk is hereby directed to cause one publication to be made of notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four nor more than twenty clear days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the following form: -3 Page 274 of 644 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2022B, OF THE CITY OF WATERLOO, IOWA, AND THE PUBLIC HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 16th day of September 2024, at P.M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the reallocation of not to exceed $142,000 of unspent proceeds of the General Obligation Bonds, Series 2022B of the City of Waterloo, Iowa, in order to provide funds to pay costs of the acquisition, construction, improvement and equipping of parking facilities systems, including parking meters and other fixtures, equipment, accessories, appurtenances and requisites useful for the successful operation of a parking facilities system. The annual increase in property taxes as the result of the issuance on a residential property with an actual value of one hundred thousand dollars is $0.00. The 2022B Bonds have already been issued, and taxes levied for repayment thereof. The action of this hearing is to create authority to reallocate and spend additional proceeds. Accordingly, there are no additional tax implications as a result of this reallocation. This estimate only considers the impact on property taxes of financing and reallocation authority established by this hearing for the above - described project. Any person interested may appear at the public hearing, either orally or in writing, and be heard as to the reallocation of said proceeds of the Series 2022B Bonds for the above purposes. This Notice is given by order of the Council of Waterloo, Iowa, as provided by Sections 364.6 and 384.25 of the Code of Iowa, 2024, as amended. Dated this day of , 2024. City Clerk, City of Waterloo, State of Iowa (End of Notice) -4 Page 275 of 644 PASSED AND APPROVED this 3rd day of September 2024. ATTEST: Kelley Felchle, City Clerk -5 Quentin Hart, Mayor Page 276 of 644 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2024. (SEAL) Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 277 of 644 Page 278 of 644 CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Reallocation of General Obligation Bonds, Series 2022B) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Waterloo Courier", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: WITNESS my official signature this (SEAL) , 2024. day of , 2024. City Clerk, City of Waterloo, State of Iowa Page 279 of 644 02263681-1\11310-000 Page 280 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2023A, and providing for publication of notice thereof. 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. Fix Date Reallocation - Waterloo 2023A Bonds (parking equipment) (02394572x7F7E1) Page 281 of 644 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA • Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2023A, and providing for publication of notice thereof. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 282 of 644 September 3, 2024 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at P.M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: Page 283 of 644 Council Member introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2023A, OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2023A, OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City Council of the City of Waterloo, Iowa has previously issued its General Obligation Bonds, Series 2023A (the "Series 2023A Bonds") in the principal amount of $6,000,000, to pay the costs of various city improvement projects; and WHEREAS, certain proceeds of the Series 2023A Bonds remain unspent, and City staff has recommended that not to exceed $25,000 of unspent proceeds of the Series 2023A Bonds originally related to the projects described above (hereinafter referred to as the "Unspent Proceeds") be applied for the purpose of paying costs of the acquisition, construction, improvement and equipping of parking facilities systems, including parking meters and other fixtures, equipment, accessories, appurtenances and requisites useful for the successful operation of a parking facilities system (the "Project"); and WHEREAS, there being no procedure specified under Iowa law for consideration or approval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 should apply and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to provide funds for paying costs of the Project. 2 Page 284 of 644 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at P.M., on the 16th day of September 2024, for the purpose of taking action on the matter of the proposed reallocation of not to exceed $25,000 of unspent proceeds of Series 2023A Bonds to provide funds to pay costs of the acquisition, construction, improvement and equipping of parking facilities systems, including parking meters and other fixtures, equipment, accessories, appurtenances and requisites useful for the successful operation of a parking facilities system. Section 2. That the City Clerk is hereby directed to cause one publication to be made of notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four nor more than twenty clear days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the following form: -3 Page 285 of 644 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2023A, OF THE CITY OF WATERLOO, IOWA, AND THE PUBLIC HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 16th day of September 2024, at P.M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the reallocation of not to exceed $25,000 of unspent proceeds of the General Obligation Bonds, Series 2023A of the City of Waterloo, Iowa, in order to provide funds to pay costs of the acquisition, construction, improvement and equipping of parking facilities systems, including parking meters and other fixtures, equipment, accessories, appurtenances and requisites useful for the successful operation of a parking facilities system. The annual increase in property taxes as the result of the issuance on a residential property with an actual value of one hundred thousand dollars is $0.00. The 2023A Bonds have already been issued, and taxes levied for repayment thereof. The action of this hearing is to create authority to reallocate and spend additional proceeds. Accordingly, there are no additional tax implications as a result of this reallocation. This estimate only considers the impact on property taxes of financing and reallocation authority established by this hearing for the above - described project. Any person interested may appear at the public hearing, either orally or in writing, and be heard as to the reallocation of said proceeds of the Series 2023A Bonds for the above purposes. This Notice is given by order of the Council of Waterloo, Iowa, as provided by Sections 364.6 and 384.25 of the Code of Iowa, 2024, as amended. Dated this day of , 2024. City Clerk, City of Waterloo, State of Iowa (End of Notice) -4 Page 286 of 644 PASSED AND APPROVED this 3rd day of September 2024. ATTEST: Kelley Felchle, City Clerk -5 Quentin Hart, Mayor Page 287 of 644 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2024. (SEAL) Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 288 of 644 Page 289 of 644 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Reallocation of General Obligation Bonds, Series 2023A) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Waterloo Courier", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: WITNESS my official signature this (SEAL) 02394426\11310-000 , 2024. day of , 2024. City Clerk, City of Waterloo, State of Iowa Page 290 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 3, 2024 AGENDA ITEM TITLE Resolution approving the cancellation of sidewalk assessments for properties listed on Exhibit A, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Exhibit A - Assessment Cancellations 9.3.2024 Page 291 of 644 EXHIBITA Customer Name Steven Haley Darlene Wetzel Service Address 225 Park Lane, Waterloo 319 Sullivan Avenue, Waterloo Certificate No. 35-0016923 35-0017130 Assessment Type Sidewalk Sidewalk Amount $1,065.16 $923.44 Page 292 of 644 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Pajic Tuckpointing Inc., of Waterloo, Iowa, in the amount of $45,100.00, in conjunction with the Arts Center Tuckpointing Project. RECOMMENDED COUNCIL ACTION Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Pajic Tuckpointing, of Waterloo, Iowa, in the amount of $45,100.00, in conjunction with the Arts Center Tuckpointing Project and release of retainage in the amount of $45,100.00. 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 293 of 644 ATTACHMENTS 1. Completion of project - Pajic Tuckpointing Page 294 of 644 Contractor Invoice From Pajic tuckpointing RC Work performed at Business Name TO: Greg Ahlhelm (Building Maintenance) Arts of Center City off Waterloo 225 Commercial St 715 Mulberry St, Waterloo, IA 50703 Waterloo, IA Work to be done on the project: North side and walls above roof line Tuck pointing damaged mortar joints Power wash Caulk stone to stone joints Replace 45 damaged bricks on north side All Material is guaranteed to be as specified, and the above work was Performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum. '' 45.1.00,00 This is a Partial Full invoice due and payable by: 09 MornTr` 10 Day 7024 Year in accordance with our Agreement 02 Month 24 Day 2024 Year Pajictuckpointing LLC 720 Allen St Waterloo. IA 50702 Proposal Page 295 of 644 Foin, W-9 (Rev. March 2024) Department of the Treasury Internet Revenue Service Request for Taxpayer identification Number and Certification Go to www.hs.gov/FormWS for Instructions end the latest Information. Ohre form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Fonn, below. 1 Name of entity/Individual. M entry le required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on Ilne 2.) 2 Buelness nameldleregerded entity name, if different from •bov 0'/q 11C 3a Check the appropriate box for federal tax classification of the entitynd1vlduet whose name entered on line 1. dheck only one of the fdbwing eeven boxes. ❑ IndMduaVecte proprietor ❑ c oorporetion ❑ s corporation 'Pertnershlp ❑ Trust/estate ❑ LLC. Enter the tax classification (0 = C corporation, $ = S corporation. P = Partnership) Note: Cheek the "LLC" box above and, In the entry space, enter the appropriate code (C, S, or P) for the tax claseticatton of the LLC, unless it lea dleregarded entity. A disregarded entity Should instead check the appropriate box for the tax classification of Its owner. ❑ other (see Instructions) 3b Hon line 30 you checked 'Partnership" or *Trust/estate,* or checked 'LLC* end entered 'P" as its tax classification, and you are providing this form to a partnership, trust, or estate In which you have en ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See Inatnuctlona . . . . . , . . . 4 Exemptions (codes apply only to certain entitles, not Individuals; eee lnstnrctions on page 3): Exempt payee Code Of Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (it any) ptppfies to accounts maintained outside the United States} 5 Address (number. etrreet, and apt. or suite no.). See tnatniottone. 72© pi-LGL1N Sr 8 City, elate, end LP code SV'-7o� 7 List account number(e) here (optional) GM Taxpayer Identification Number (TIN) Requesters name end address (optional) -1 T77 01= ."-PI ' ZL-'- --� A-14- S Of CNf . 2?-r COW i - ST' 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 le 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 entitles, tt Is your employer Identification number (ElN). 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. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Certification Social security num or Employer ktenttltoetlon number /2„ ll Under penalties of perjury, ! certify that 1. The number shown on thls form is my correct taxpayer Identification number (or I am wafting for a number to be Issued to me); and 2.1 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 1 am subject to backup wlthhoiding as a result of a failure to report all Interest or dividends, or (o) the IRS has notified me that 1 am no longer subject to backup withhotdIng; and 3. I am a U.S. citizen or other U.3. person (defined below); and 4. The FATCA codes) entered on this form (If any) Indicating that I am exempt from FATCA reporting 18 correct. Certification Instructions, You must cross out item 2 above ifyou have been notified by the IRS that you are currently subjeot to backup withholding because you have felled to report all Interest and dividends on your tax return. For real estate transactions, Rem 2 does not apply, For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement anangement (IRA), and, generally, payments other than Interest and dividends, you are not required 10 algn the certJflcation, but you muetjxovide your correct TIN. See the Instructions for Part 11, later. Sign signature of Here u.s. person 0j7,0 Po9- C Date 0 2 4 2 Gj 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 Instruotions, suoh as legislation enacted after they were published, go to www.lrs,gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that lea disregarded empty ohoutd oheok the appropriate box for the tax classification of its owner. Otherwise, R should check the "LLC" box and enter its appropriate tax classification, New Ilne 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or Indirect foreign partners, owners, or beneficiaries when It provides the Form W-9 to another ttow-through entity In which It has an ownership interest. This change le intended to provide a flow -through entity with Information regarding the status of he Indirect foreign partners, owners, or beneficiaries, so that Roan satisfy any applloabie reporting requirements. For example, a partnership that has any Indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1005). Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS Is giving you thls form because they Cat. No. 10231X Fong W.9 (Rev. 3-2024) Page 296 of 644 City of Waterloo Expenditure Pre -Authorization Request Form City Clerk Use Only Finance Committee Approval Date 2/19/2024 The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Building Maintenance Department to expend $ 45,100.00 plus est. shipping costs of $ to pay for or purchase This purchase or expenditure is being made because: Tuckpointing damaged mortar joints and replacement of damaged bricks on North side of building and walls above roof line at the Waterloo Center for the Arts. Vendor selected for this purchase: Pajic Tuckpointing Inc. ❑ Bids or written quotes were taken on this purchase, as follows: Pajic Tuckpointing - $ 45,100.00 Karr Tuckpointing -. $ 139,505.00 ❑ Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ❑ General Fund ❑ Road Use Tax n Sewer El Sanitation ® Bonds n Federat/other grants ❑ Other (specify) This expenditure is to be coded to the following budget line -item: 322-22-8800-2152 (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitted, $ 400,000.00 $ 104,512.64 ^^� uarnur Greg Ahlhelm - Building official 2/7/2024 Vuegett Nei SIGHEa (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) 2/19/2024 Date K:lsliared goodieslrormslExpenditure Pre-Aulhorization.xls (Mar 2010) Page 297 of 644 Said Pajic Owner Between P IC TUC P I ` I LLC 04/28/23 Zahid Pajic Manager And Edward Abben , City of Waterloo, 715 Mulberry St Waterloo IA 50703 Building address Arts of Center 225 Commercial St, Waterloo, IA Work to be done on this project : North Side of the building Power wash Tuck pointing damaged mortar joints Caulk Stone to Stone joint Replace 7 damaged bricks After the project has been inspected and accepted by the Owner, an invoice will be mailed and payment shall be made within 10 days of the invoice date, unless other arrangements: have been made. Price of Project: 23.650.00 Building Ovner or Manager Mo/Day/Yr Page 298 of 644 IC TU Said Pajic Owner K Betwee n I TI 04/28/23 And LLC Zahid Pajic Manager Edward Abben , City of Waterloo, 715 Mulberry St Waterloo IA 50703 Building address Arts of Center 225 Commercial St, Waterloo, IA Work to be done on this project : Walls above roof line Power wash Tuck pointing damaged mortar joints Caulk Stone to Stone joints After the project has been inspected and accepted by the Owner, an invoice will be mailed'`and°paymenfshall be made within 10 days of the invoice date, unless other arrangements.: have been made. Price of Project: 21.450.00 Building Ovner or Manager Mo/Day/Yr o0 F L(5 100, � of Page 299 of 644 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 7 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 and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION A. CR 13: Extra access doors mens RR add 1,769.00 B. CR 14: Walls tile demo deduct $1,061.00 C. CR 15: Extra framing in mens RR add 2,965.00 D. Reduct specified general allowance from $15,274.34 to $11,601.34. 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 300 of 644 ATTACHMENTS 1. Change Order No. 7 - WCC Restroom Renovation Page 301 of 644 ettAIADocument G701 -- 2017 Change Order PROJECT: (Name and address) 5 Sullivan Brothers Convention Center - Restroom Renovation 233 W 4th Street Waterloo, IA 50701 OWNER: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONTRACT INFORMATION: . Contract For: General Construction Date: ARCHITECT: (Name and address) I&S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 CHANGE ORDER INFORMATION: Change Order Number: 007 Date: August 9th, 2024 CONTRACTOR: (Nance 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) CR 13: Extra access doors mens RR ADD $1,769.00 CR 14: Wall tile demo deduct DEDUCT $1,061.00 CR 15: Extra framing in mens RR ADD $2,965.00 REDUCE SPECIFIED GENERAL ALLOWANCE FROM $15,274.34 TO $11,601.34. CONTRACT SUM REMAINS UNCHANGED. The original Contract Sum 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 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 (Finn name) SIGNATURE Peters Construction Corporation City of Waterloo CONTRACTOR (Firm name) OWNER (Firer name) SIGNATURE SIGNATURE Nathan Compton, Project Manager Bradley Best, President PRINTED NAME AND TITLE August 9, 2024 DATE PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE 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 12:28:44 ET on 08/0912024 under Order No,3104238596 which expires on 12/12/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (389ADA58) Page 302 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Mark Reith from the current Civil Service List to the position of Building Maintenance Licensed HVAC in the Building Maintenance Department, effective September 16, 2024. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This position fills an opening from a retirement. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Personnel Requition Form Building Maintenance Licensed HVAC Page 303 of 644 2. Building Maintenance Licensed HVAC Job Description 3. Facilities Maintenance Licensed HVAC Requition Page 304 of 644 PERSONNEL REQUISITION FORM Check as applicable: X To start recruiting or civil service process and/or X To till a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. *******************************************************1*************Tr************************A*fir* Position Title: Building Maintenance Licensed HVAC Department: Building Maintenance Reports To: Ed Abben - Maintenance Work Location: City of Waterloo Facilities Employment Status: X Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time li.oin to ❑ Regular 7-Month ❑ Intern/Co-op Strident from to Type of Position: Recommended Recruitment Sources: Civil Service Position: X Yes ❑ No 0 internal Posting Only Bargaining Position: X Yeti ❑ No X Internal Posting and External Advertising Bargaining Group: Local No. 177 Non -bargaining Position: ❑ Yes X No ***********a**,ins****m**c***********************************s*44********as**«**s*****s*rs*s**r* Complete the following lithe requisition is to fill a vacancy: ❑ New Position or X Replacement Position for: Joel Shepard Building Maintenance Licensed HVAC (Specify ati s aiiitli00 of former incumbent) if replacement, former incumbent: X Retired/Resigned/Terminated ❑ "Transferred D Promoted Date incumbent terminated employment: July 19, 2024 Date of final payout: Anticipated start date: 7-22-24 No. of hours/week: 40, Work schedule: 7:00 a.tn. W 3:00 p.rn. w/ on -call rotation Justification of need for position: What are the likely consequences Witte position is not filled? The City would need to outsource the work to outside contractors. This would not be time or cost effective. APPROVALS Annual salary requirements: $71,672.71 Hourly Rate: $34.46 Benefits: $52.82 / Annual benefit.$109,866.80 (Payroll taxes, peusiou, health ins.- assuming fatuity) 1s position budgeted for this and future FYs? X Yes 0 No lino, how will position be funded? Approved subject to the following conditions:. rSubn tang D tC martliient Head Date i6.1112024 CO 5AM EDT Chief Financial Officer Ra.y Feu55 CeIlJr i 4 6962 AM EDl Human Resources Committee Chairperson Created 6/.1W2017 Date Dote QuerztirzG 0C,13.2O24C7 02 F1.4 EDT Mayor LC"nc.0 I]LI.YI-IM1- j 0o'I7•2-021 U3a1 a.J EDT ti Human Itesuurees Director Date Date Page 305 of 644 CITY OF -¢ IOYYA • •/ Community of Opportunity Submit resume by going to www.citvofwaterlooiowa.com clicking on Career Opportunities, reviewing the position and following the directions to submit a resume. We will not accept mailed, faxed, hand -delivered or directly mailed resumes. We will accept applications until Friday July 12th at 5pm. DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT BUILDING INSPECTIONS/MAINTENANCE $33.46, WITH $1.00 INCREASE AFTER 6 MO NON-EXEMPT INCLUDED CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Master/journeyman level technical position responsible for performing a variety of repair and maintenance duties in City buildings and facilities with primary responsibility for HVAC-related maintenance. The work is performed under the general direction of the Building Official/Maintenance Administrator, but considerable leeway is granted for the exercise of independent judgment and initiative. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. As part of a maintenance team, coordinates a preventive maintenance program for City facilities and equipment. 2. Regularly inspects the structural and maintenance aspects of City facilities and performs scheduled repairs of City facilities and equipment. 3. Responds to maintenance emergencies in all City facilities and assists in making major or minor repairs as needed or directed. 4. Installs and repairs electrical, plumbing, heating and air conditioning equipment in City facilities. 5. Works with construction and maintenance contractors to ensure mechanical, electrical plumbing and structural integrity of City buildings and facilities is maintained. 6. Works from plans, blueprints, drawings and diagrams. 7. Assists other maintenance personnel in mechanical, electrical, plumbing, general building and grounds maintenance and custodial duties as needed. 8. Assists in snow removal operations as needed. 9. Works from unprotected heights and dose enclosures using ladders or scaffolding; works in confined spaces and underground pits; performs maintenance and repairs in trenches and on uneven ground. Page 306 of 644 10. Works outside in all weather conditions; works near moving mechanical equipment and electrical hazards; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and fumes. 11. May operate trencher, backhoe, end loader, tractor, concrete saw, air hammer, pipe threader and a variety of power tools. 12. Keeps a daily log sheet of work performed. 13. Operates personal computer to update and maintain database of work performed. 14. Shares night/weekend/holiday call on a rotating, weekly basis with other employees in the department. 15. Works independently and with others with minimum supervision. 16. Attends work regularly at the designated place and time. 17. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Maintenance Department safety rules and regulations. 18. Performs all other related duties as assigned. HVAC MAINTENANCE & REPAIR 1. Assesses and repairs complex plumbing problems using tools, materials and procedures involved in master/journeyman level mechanical operations. 2. Supervises and participates in the new installation, maintenance and repair of a variety of HVAC systems in all City facilities. 3. Instructs other maintenance personnel in proper methods of HVAC maintenance and repair and inspects work for conformance to instructions and applicable HVAC standards. 4. Keeps accurate records and work diagrams of existing and proposed HVAC projects. REQUIRED KNOWLEDGE & ABILITIES 1. Comprehensive knowledge of standard practices, tools and telminology of the HVAC trade and HVAC theory. 2. Ability to assess and repair complex maintenance problems using tools, materials and procedures involved in building maintenance and custodial operations; ability to make repairs to complicated HVAC, equipment. 3. Knowledge of pump and fluid controls, pneumatic and hydraulic systems. 4. Working knowledge of the City of Waterloo HVAC ordinance. 5. Ability to read and work from blueprints, plans and diagrams. 6. Ability to plan, monitor and supervise the HVAC work of other maintenance employees and contractors. 7. Ability to discuss maintenance and repair issues with coworkers and supervisors tactfully and promptly, in a clear, concise and easily understandable manner. 8. Ability to communicate effectively and maintain working relationships with outside contractors, other City employees, public officials and supervisors. 9. Ability to keep accurate and thorough records of work performed. 10. Ability to use independent judgment to recognize and solve problems as they occur and to purchase equipment, materials and supplies as needed. 11. Ability to work from ladders, scaffolding, or man -lift up to forty (40) feet in the air. 12. Ability to safely operate tools and equipment of the building maintenance trades and considerable knowledge of occupational hazards associated with and the safety precautions Page 307 of 644 necessary when working on complex building maintenance operations and enforce appropriate safety precautions. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/equivalent. 2. Master mechanical preferred with minimum two (2) years experience. OR Journeyman mechanical with minimum ten (5) years experience supplemented by studies in plumbing shop work or other vocational school. 3. Iowa Class C Driver's License and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks and to lift and carry various items weighing up to forty (40) pounds on a frequent basis and to lift up to one hundred (100) pounds with assistance on an occasional basis. 2. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers m person, over the telephone 01: over a radio. 3. Sufficient color vision to identify indicator lights on electronic control panels and electrical wiring, sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment and assess complex maintenance problems; sufficient dexterity to safely operate power and manual repair and maintenance tools; sufficient hearing to understand verbal instructions, respond to questions from the public and to hear traffic in work areas. 4. Sufficient personal mobility that permits the employee to work in confined spaces and operate required equipment safely in all types of weather and to go to work sites all over town to perform required maintenance; able to stoop, kneel, reach, tum, crawl, climb, or crouch for an extended period of time in cramped or difficult to reach areas. Page 308 of 644 MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hardhat. 2. Must comply with the City of Waterloo Residency Policy for Critical Employees (must live within 10-mile radius of City Hall) within the time period as determined by department head. 3. Must maintain a local telephone number where can be reached. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 5. The City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. 6. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Generally 7:00 a.m. to 3:00 p.m. Monday through Friday with a working lunch. Will be required to respond to emergency calls on weekends, evenings and holidays, alternating with other departments personnel. May be required to work considerable overtime when assigned to special projects or during weather or facility -based emergencies. 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. FACILITIES MAINTENANCE- HVAC 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 309 of 644 PERSONNEL REQUISITION Facilities Maintenance - HVAC The following questions are provided as guidelines to assist you in developing your rationale for the position of (Maintenance HVAC Mechanic}in the (Building Maintenance} 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. (I) What are the key job responsibilities of this position? To provide maintenance for heating and cooling for city facilities. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? This position requires the individual to be a State of Iowa licensed IIVAC Journeyman. (3) How is the work of this position being accomplished now? There is a full time HVAC journeyman on staff. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. (5) Flow would filling this position meet the needs of your departtnent or the city on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? We need to fill this position to help adequately maintain heating and cooling issues that arise within city buildings, (6) What cost savings or revenues, if any, would your department or the city realize if this position is filled? It keeps us from having to outsource this work. (7) (8) (9) 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? NA 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 workload tends to increase annually as our buildings and systems continue to age. 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 Page 310 of 644 specific as possible. We would need to hire outside contractoi`s to provide HVAC maintenance throughout our facilities. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? If it were an emergency, we would most likely seek the services ()fan outside contractor if other staff was unable assist. (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? Yes, but it is not time or cost effective. (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 is equally important as we are in constant need of maintenance. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? It has a positive impact as it provides a required need and service for the city to help maintain our buildings now and in the future. Note: Forward competed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 311 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Marci Kemp from the current Civil Service List to the position of Secretary in the Building Inspection Department, effective September 16, 2024. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This position fills an opening from a retirement. 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 - Secretary 2. Job Description Secretary Building Inspections Department Page 312 of 644 3. Personnel Requisition Secretary Page 313 of 644 PERSONNEL REQUISITION FORM Cheek as applicable: j To start recruiting or civil service process and/or h To fill a vacancy ❑ Active Civil Service List Expires: A.pvoposed job description & questionnaire must accompany this form at time of submission to Human Resources. *******************it********* ********* *** Yt********Ti***,eft***t`t*** ****it* t**************************** Position Title: Secretary Reports To: Building Official — Greg, AI►thelm Employment Status: Regular Full Time ❑ Regular Part Time ❑ Regular 7-Month Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: Teamsters Non -bargaining Position: ❑ Yes ❑ No **********r***********************44***41*** ********fit****ek **,44.4.4 i******************4** **** Complete the following ifthe requisition is to till a vacancy ❑ New Position or Q Replacement Position for: cynthla $1144 d - Seei•etaiy (Speedy rtui ie rand Imo arformer incumbent) Retired/Resigned/Terminated Li Transferred ❑ Promoted Yes Yes if replacement, former incumbent: Date incumbent terminated employment: 7-19-2024 Date of final payout: Anticipated start date: No. of hourshveek: AO Work schedule: 8:00:a in.c S'404tifi Justification of need t'or position: Shares in the responsibility of processing all types of mechanical, sign, and building permits via e-mail, US mail and fax. Licensing of contractors and nailing out renewal letters and updating contractors annually. Generate monthly reports for permits and invoicing to contractors. Receive and enter accounts payable. Responsible to complete payroll for the Biilding & Maintenance Departments; update Taps Database for sewer measurements and kills; Responsible • for daily revenue deposit for the Building & Engineering Departments. General and complex clerical duties including correspondence, taking meeting minutes for board and pre - construction meetings, ordering of office supplies, directing incomingphone calls, interacting with the general public. Processes. payment vouchers/invoices for Building inspections, Building Maintenance and Engineering Departments (invoices include City Hall, Carnegie, Fire Department, Library, Art Center, Hazmat, Parking Ramps and Vet Memorial.) Assists Permit Writer with monthly Residential Contractor Exams. Responsible for scanning of all. Residential and Commercial Building site plants. Annual salary requirements: $54,995.20 What are the likely consequences ifthe position is not tilled? APPROVALS Hourly Rate: 644 Benefits: $43.40 / Annual benefit $92,726.00 (Payroll lases. pension, lion ins.- assuming ing family) Is position budgeted for this and•fitture FYs? uX Yes ❑ No lino, how will position be funded? A..roved sub'ect to the followin conditions: 6 7� knitting Department Head Dale 10,. ia>in ; b"'nT2024& d A!e eon Chief Financial Officer 'a21 Fa.i .55 .� ) TETI/0024 Cr) 52 Aid EDT Human Resources Committee Chairperson Dutc Department: Bullding,inspections Department Work Location: Building Inspections Department ❑ Temporary Full 'I'ime from to ❑ Temporary Part Time from to ❑ Intern/Co-op Student from to Recommended Recruitment Sources: ❑ No ❑ internal Posting Only ❑ No X Internal Posting and External Advertising Date Quetttrf Maya] O& J0 O12401.42 FI.1 EOT t-G-1,44. tin w .J� 0&U/2O24 CO41 AM EDT Date Hannan Resources Director Date Page 314 of 644 CITY OF �° tt ° TERLOO IOWA Community of Opportunity SALARY BUILDING INSPECTIONS/BUILDING MAINTENANCE $25.44, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT TEAMSTER'S LOCAL #238 GENERAL STATEMENT OF DUTIES Under the general direction of the department head or designee, using independent judgement, provides secretarial and record keeping support. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Prepares and types on a personal computer using the applicable software, letters, memos, accounting records, legal reports, and statistical reports from rough draft and dictation equipment and composes documents for review, as directed by supervisor. 2. Assists in preparation of agendas and minutes for various meetings. 3. Assists with preparing and typing department budget, sales tax and OSHA reports. 4. Handles incoming and outgoing correspondence and distributes department mail. 5. Greets the public, assists in answering incoming department phone calls, provides information based on knowledge of department and City policies, regulations and procedures or directs questions to proper person; may answer radio dispatch from employees in the field. 6. Performs bookkeeping and financial record keeping. 7. Prepares and maintains office files and records. 8. Prepares and submits to Finance Office payment vouchers, purchase orders, and other financial documents. 9. Prepares and submits to Clerk's Office biweekly payroll documents and audits benefits records for department employees. 10. Orders office supplies. 11. Operates personal computer, calculator, dictation machine, fax machine and other office equipment. 12. Communicates with and maintains effective working relationships with supervisors, coworkers and the public. Page 315 of 644 13. Makes decisions in accordance with department policies and established regulations. 14. Works Independently and with others with minimum supervision. 15. Works under strict time constraints. 16. Attends work regularly at the designated place and time. 17. Performs al# work duties and activities in accordance with City, department and OSHA policies, procedures and safety rules. 18. Performs other duties as assigned by a supervisor or designee. DUTIES SPECIFIC To BUILDING INSPECTIONS Performs a variety of secretarial and clerical tasks including but not limited to the following: processes purchase orders and pay vouchers; types reports and correspondence on personal computer for Building Official, Plan Review Specialist and Inspectors; assists in compiling information for and typing budget documents; assists in answering telephone; assists customers at front counter; processes mechanical, sign, and building permits; types minutes from general contractors board meetings; required to learn permit system software; Licensing of contractors, annual renewal letters and updating contractors; Monthly permit invoice report sent to contractors; Updates Taps Database for sewer measurements and kills; Daily revenue deposit for Building & Engineering Depts; Assist Permit Writer with monthly Residential Contractor Exams; Scans all residential and commercial building site plans. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of Microsoft Office software, in particular Word and Excel (testing of skills may be required if being considered for position) and must be able to learn specialized Building Inspections software. 2. Thorough knowledge of clerical functions, office procedures, terminology and equipment including personal computer. 3. Ability to type fifty (50) words per minute net of errors. 4. Ability to perform general office services, learn specialized computer software, develop computer - generated reports and keep accurate, thorough and updated records. 5. Ability to collect, analyze and present data from computerized reports in organized and understandable form. 6. Ability to answer questions and provide information to the public in person and over the telephone in a clear, concise and easily understandable manner. 7. Ability to multitask and deal with multiple interruptions. 8. Ability to assist the public in a kind, courteous, and respectful manner including under stressful circumstances. 9. Ability to write legibly, prioritize work, produce a quality work product within strict time lines and handle multiple tasks. 10. Ability to work independently and with others with minimum supervision and to direct the work of other employees. 11. Ability to exercise Independent judgment and to make decisions based on department policies, City codes and established regulations. 12. Ability to establish and maintain effective working relationships with supervisors, coworkers and the public. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. Page 316 of 644 ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED with minimum one year business clerical, secretarial, bookkeeping or other closely related experience in an office setting; prefer additional education beyond high school in business clerical, accounting or closely related field. OR Any equivalent combination of experience and education that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Skilled in use of personal computer and Microsoft Office software (verification of skills through testing arranged by the City of Waterloo Human Resources Office may be required). 3. Detail -oriented and accurate. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient clarity of speech and hearing that permits the employee to communicate effectively. 2. Sufficient vision and manual dexterity that permits the employee to operate personal computer and other office equipment, handle files, computer printouts and other papers. 3. Sufficient personal mobility that permits the employee to perform receptionist, telephone, personal computer or related secretarial functions and respond to requests from the public for information. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including a review of education, past employers and references. 2. Required to submit to and pass Civil Service panel interview. May be required to participate in written examination depending on number of qualified candidates. WORK SCHEDULE Generally 8:00 a.m. to 5:00 p.m. Monday through Friday with one hour unpaid lunch, although hours may vary depending on specific department needs, with the earliest starting time being 7:00 a.m. The City of Waterloo reserves the right to change these hours within the guidelines of the Teamsters contract. Limited overtime. EXAMINATION INFORMATION 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 Page 317 of 644 ORAL EXAMINATION DATE Qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. SECRETARY-RU(101NG 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 318 of 644 PERSONNEL REQUISITION (Secretary) The following questions are provided as guidelines to assist you in developing your rational for the position of Secretary in the Building Inspection 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? Processing permits; record retention; computer use; interaction with public at the counter and with phone calls; building inspections & building maintenance payroll; contractor licensing; monthly reports; billings; typing department correspondence; and scanning documents into laserfiche. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. Although some aspects of each secretarial job duties are similar, this position is responsible for many other tasks that would burden a reduced staffing level and slow our review/permit process greatly if combined. (3) How is the work of this position being accomplished now? Employee currently on staff until April 2711' (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)? We would be able to continue to assist the public and contractors with the same level service they have come to expect. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position generates revenue by assisting with permits and contractor licensing. (7) (8) 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? This position is currently filled. How has the workload or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide Page 319 of 644 (9) statistics if possible. The work load is consistent each year. The building department has always maintained two secretarial positions, 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. We would have to divide the positions duties among the three remaining staff members. This will slow the plan review process as well as the permit counter process. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Staff members cover for each other when someone is on vacation. (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? Each position is equally important to daily operations, (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? The building department helps generate revenue for the city. This position plays an important role in helping to maintain that goal. The building department is responsible for issuing an average of 10,000 permits annually among the four positions currently staffed. otet `0 ompleted'questjonnaire to Haman Resources Departrent ith originalcopy of Personnel Requisition form. Page 320 of 644 Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the Animal Control Supervisor description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand - delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday, August 1, 2024. CIVIL SERVICE OPEN EXAMINATION CITY OF WATERLOO, IOWA ANIMAL CONTROL SUPERVISOR DEPARTMENT SALARY FSA CIVIL SERVICE BARGAINING UNIT POLICE $34.46 per hour $71,676.80 annually , NON-EXEMPT INCLUDED AFSCME This position operates under the supervision of a Police Sergeant as a part of the Waterloo Police Department. The Animal Control Supervisor is an active Animal Control officer who also provides supervision and oversight to the other Animal Control officers in the department. MINIMUM QUALIFICATIONS EDUCATION & SPECIAL LICENSE(S)/CERTIFICATIONS: 1) High school diploma or equivalent. 2) Associate's degree in Animal Sciences or a closely related field of study including Criminology or Police Science are preferred. 3) NACA Animal Control Officer Certification 4) Must possess an appropriate valid driver's license and maintain a driving record that meets the standards of the City of Waterloo requirements. 5) Access to the Criminal Justice Information System (CJIS) is required, so the following CJIS requirements apply: 6) Must be at least 18 years of age. Page 321 of 644 7) Must have not been convicted of a felony or serious misdemeanor. 8) Must possess or attain certifications at Levels I, II, III and IV through the National Animal Control Association or equivalent within one year from date of hire. EXPERIENCE: 1) Five years of combined animal handling and control, to include a minimum of two years in the enforcement of animal control laws and ordinances or similar general enforcement experience. 2) Supervisory experience in the animal services, law enforcement or comparable field. SKILLS: 1) Leadership skills. 2) Analytical skills, ability to interpret data, analyze information, and write formal recommendations based on findings. 3) Attention to detail. 4) Basic knowledge of laws and ordinances pertaining to animal control. 5) Basic mathematical and accounting skills. 6) Time management skills. 7) Facilitation skills. 8) Public speaking/presentation skills. 9) Human Relations/Interpersonal skills. 10)Computer software skills, such as word-processing. 11)Good oral and written communication skills. 12)Ability to testify in a court of law if necessary. 13)Ability to provide training and mentoring to incoming and existing members of the Animal Control Department. MENTAL REQUIREMENTS: 1) Ability to meet deadlines. 2) Diplomacy and judgment. 3) Ability to recognize and protect confidential information. 4) Ability to establish and maintain effective working relationships with public officials and citizens. 5) Ability to prioritize multiple tasks. 6) Ability to train and guide others. 7) Ability to read and comprehend federal, state, and local policies and regulations. 8) Ability to carry out assignments through oral and written instruction. 9) Ability to work independently. 10)Ability to work in hectic environment with many interruptions. 11)Ability to analyze and recommend possible solutions. 12)Ability to learn and understand PC software applications. Page 322 of 644 13)Alpha and numeric recognition. 14)Ability to work closely, interact positively and communicate effectively with peers on interactive task assignment and complete common tasks. 15)Good listening skills. 16) Patience. 17)Ability to analyze safety situations. 18)Ability to euthanize animals in various situations. PHYSICAL REQUIREMENTS: 1) Ability to identify and distinguish colors. 2) Ability to distinguish smells. 3) Hand and eye coordination adequate to input computer. 4) Ability to operate City vehicle, snappy snares, shovel, dart gun, euthanasia kit, deer winch, camera, catch poles, snake tongs, traps, awl two-way radio, and firearm. 5) Ability to restrict the movement of animals. 6) Ability to make and receive phone calls. 7) Exposure to extreme temperatures. 8) Ability to travel and tour properties within city limits in adverse environmental conditions. MISCELLANEOUS 1. Required to submit to and pass Civil Service written exam (if needed) and panel interview. WORK SCHEDULE Work schedule is Monday through Friday. Work hours will be a 8-hour shift and will start no earlier than 6:00 a.m. and end no later than 10:00 p.m. The City of Waterloo reserves the right to change this schedule within the guidelines of the AFSCME. Limited overtime and required on call schedule. EXAMINATION INFORMATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full-time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service -connected disability. EXAMINATION DATE(S) Page 323 of 644 Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination(s). A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 324 of 644 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy n Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ************************************************************************************************** Position Title: Animal Control Supervisor Department: Police Department Reports To: Chief of Police Work Location: City of Waterloo 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: Recommended Recruitment Sources: Civil Service Position: ® Yes ❑ No ® Internal Posting Only Bargaining Position: ® Yes ❑ No n Internal Posting and External Advertising Bargaining Group: AFSCME Non -bargaining Position: n Yes ® No ************************************************************************************************* Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: New position being added with Animal Control transition to Police Department. (Specify name and title of former incumbent) Date incumbent terminated employment: N/A Date of final payout: N/A Anticipated start date: 8/1/2024 No. of hours/week: 40 Work schedule: 8 hours 5/2 Justification of need for position: The Police Department is asking permission to add a new position of Animal Control Supervisor position to the Animal Control Unit. The city has decided to transition Animal Control to the Police Department for its services and an addition of a Supervisor for this unit is essential for day to day operations. What are the likely consequences if the position is not filled? There would be increased overtime to pay to back fill for this vacant position. We would lack adequate Supervision for the Animal Control Officers causing liability and safety issues for the staff and citizens of the city. APPROVALS Annual salary requirements: $71,468.80 Hourly Rate: $34.36 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: Submitting Department Head Date Mayor Date Chief Financial Officer Date City Clerk/Human Resources Director Date Created 8/7/2014 Page 325 of 644 Human Resources Committee Chairperson Date Created 8/7/2014 Page 326 of 644 PERSONNEL REQUISITION [Animal Control Supervisor} The following questions are provided as guidelines to assist you in developing your rational for the position of Police Sergeant in the Waterloo Police Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? To supervise the staff of the Waterloo Police Department Animal Control Unit and Serve the citizens of Waterloo promoting safety and enforcing Federal, State, and local laws. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? On a temporary basis through recall/overtime but this position is essential to the Unit for day to day operations. (3) How is the work of this position being accomplished now? Being a new Unit to the Police Department there would be a lack of supervision within the unit causing potential training and liability issues for the city. (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)? The Police Department would be adequately staffed and we would not have adequate Supervision without paying overtime to sworn police staff costing the city much more money. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? It will save potential overtime cost and reduce burnout for the other supervisors. If we fail to fill this position and the Police Department is inadequately staffed we would have to recall costing overtime and ineffective supervision of the Officers on the Waterloo Police Department (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 Page 327 of 644 of time? Overtime is paid to adequately staff the shifts to make it safe for the citizens of Waterloo and the Officers who serve. (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. N/A (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. The Police Department would lack adequate Supervision to staff the Animal Control shifts costing us overtime to recall Supervisors and jeopardize the ability of the Police Department from being proactive in the community is serves. It is also adding to employee stress/burnout in filling these mandatory supervisor shifts. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? N/A (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? First for this Unit. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? I believe that this position is very important to the Goals of the city to make Waterloo a safer place for its citizens and guest to enjoy themselves. Page 328 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Chawne Paige, Culture and Arts Director Cultural & Arts Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Motion to approve appointment of Erin Donati from the current Civil Service List to the position of Graphic Designer/Digital Arts Manager in the Culture and Arts Department, effective September 16, 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. GRAPHIC DESIGNER -DIGITAL ARTS MANAGER 5.2024 Page 329 of 644 Page 330 of 644 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy n Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. XXXiciFX%XX%X%xxxxxxxxx%XXi*XXXXXXY.XXXXXXXxxxxXXXXXXXXXXXXXXxxxxxxxxxxxx XXXXXXXXX XXX XX%XXXXik Position Title: Graphic Designer -Digital Arts Manager Department: Culture & Arts Reports To: Executive Director Work Location: Waterloo Center for the Arts Employment Status: ® Regular Full Time ❑ Temporary Full Time from to n 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: ►1 Yes T No n Internal Posting Only Bargaining Position: n Yes ® No ® Internal Posting and External Advertising Bargaining Group: Non -bargaining Position: ® Yes n No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Brandon Alvarado, Graphic Designer -Digital Arts Manager (Specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated Transferred n Promoted Date incumbent terminated employment: 5/17/2024 Date of final payout: 6/14/2024 Anticipated start date: 6/24/2024 No. of hours/week: 40 Work schedule: Monday -Friday 8:OOam-5:00pm Justification of need for position: Professional staff person required for primary development and management of collection, exhibition, and public art programs at the Waterloo Center for the Arts. What are the likely consequences if the position is not filled? Exhibition and collection programs, including museum and community partnerships and public art would be drastically reduced or eliminated. APPROVALS Annual salary requirements: $37,440.00 Hourly Rate: $18 Benefits: $32.52/$67,646.88 (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: Chief Financial Officer "R1 eu.ss si o 05/13/2024 09'00 AM EDT Date Human Resources Committee Chairperson Date Created 6/30/2017 Qtien-Ein L S:tWE6 05/09/202412:43 PM EDT J Mayor Date Lrn V C.e 1]U VW . SiO 05/09/2024 03:51 PM EDT Human Resources Director Date Page 331 of 644 Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the Graphic Designer - Digital Arts Manager description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline to submit resume a time and date to be determined. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION GRAPHIC DESIGNER -DIGITAL ARTS MANAGER DEPARTMENT CULTURE&ARTS SALARY 18.00 per hour FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON -BARGAINING GENERAL STATEMENT OF DUTIES Professional position responsible for the design of all printed and electronic promotional/informational material for the Waterloo Center for the Arts and for management of digital arts functions, programs and the digital arts studio. The work is performed under the general direction of the Marketing & Development Manager, but considerable leeway is granted for the exercise of independent judgment and initiative. May assist in supervising interns, instructors and volunteers. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Develops, designs and manages printed and electronic materials for the promotion/marketing of events, exhibitions, workshops and classes for the Waterloo Center for the Arts such as brochures, announcements, courseware, presentations, website, etc. 2. Designs interpretive materials for use in exhibitions and educational programs. 3. Designs and manages the Waterloo Center for the Arts website. 4. Manages and maintains the Center's digital arts production studio including hardware, software, supplies and operations. 5. Manages and maintains digital files to be utilized in a print and electronic environment. 6. Collaborates with Marketing & Development Manager to develop and design advertisements for the Waterloo Center for the Arts such as billboards, commercials, print/electronic ads, etc. 7. Collects or take photos for use in promotional/informational material in a print or electronic environment. 8. Designs building and exhibition signage. 9. Assists with planning, implementing and maintaining technology -based exhibitions and interactives. 10. Works with partnering organizations on collaborative projects and programs. 11. Assists in organizing, implementing and promoting the annual arts and crafts festival and other fund raising events. 12. Prepares and presents written and verbal reports and communications as requested by the Marketing & Development Manager and Culture & Arts Director. 13. Maintains favorable public relations with organizations, institutions, the media and funding sources regarding Center for the Arts program activities. 14. Provides information and technical assistance regarding print and electronic media to Center for the Arts staff and other City departments. 15. Participates in strategy and planning related to Center for the Arts programs and activities. 16. Attends training sessions related to print and electronic media and remains informed on new or innovative methods. 17. Compiles data, prepares reports, performs data entry and completes forms on personal computer using the applicable software. 18. May assist in supervising interns, instructors and volunteers as it relates to digital arts programs. 19. May assist with other Center for the Arts programs and activities as needed and provides technical support to other staff members. 20. Works independently and with others with minimum supervision. Page 332 of 644 21. Attends work regularly at the designated place and time. 22. Performs all work duties and activities in accordance with City policies, procedures and City, OSHA and Center for the Arts safety rules and regulations. 23. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Extensive knowledge of current methods and techniques of graphic design and digital media. 2. Sound working knowledge of Microsoft Office software including Microsoft Word, Excel, Publisher, Power Point and Outlook and ability to learn specialized software necessary to perform required job responsibilities. 3. Mastery of professional design and web development software including Adobe Creative Suite. 4. Ability to plan, organize and carry out all activities necessary to complete individual job assignments in a timely and efficient manner. 5. Ability to use artistic knowledge and independent judgment to formulate innovative ideas or designs or to solve problems as they apply to Center for the Arts print and electronic media projects. 6. Ability to communicate effectively orally and in writing and respond to questions from the public, community organizations and coworkers tactfully and in a clear, concise and easily understandable manner. 7. Ability to work independently with minimum supervision. 8. Ability to establish and maintain effective working relationships with other City employees, community groups, the public and print/web industry organizations. 9. Ability to work with people from a broad variety of social, economic, racial, ethnic, cultural and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree in graphic design or graphic communications from an accredited college or university with minimum one year experience in graphic design for print and web or related field (volunteer experience, an internship or other verifiable unpaid experience is acceptable) OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. Experience using a wide range of professional design and web development software. 3. Work experience must be verifiable with an educational or cultural institution or other agency or business. 4. If using a City vehicle, must have Iowa Driver's License and good driving record based on the City of Waterloo driver performance criteria. A candidate with any of the following will not be considered: loss of license for any reason during the period of candidacy for employment if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license, reckless driving or other major moving violation within the previous five years; two 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. 5. Must obtain Iowa Class D driver's license with endorsement for driving non-commercial vehicles weighing up to 26,000 pounds within six month probation. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient vision including color vision, depth perception and peripheral vision to perform graphic evaluate, organize and develop printed/electronic material and perform other technical duties. 2. Sufficient mobility to move physically within the Center for the Arts building and attend meetings various City and community facilities. design duties and to or other activities at Page333 of 644 3. Sufficient speech and hearing that permits the employee to respond to questions from coworkers, the public and community organizations in person or on the telephone. MISCELLANEOUS 1. The City of Waterloo reserves the right to conduct a background investigation including employment, education, driving and criminal history checks on any applicant being considered for this position. 2. Following a conditional offer of employment, the City of Waterloo reserves the right to require a physical examination, 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 the position. 3. Required to submit to and successfully pass Civil Service testing including panel interview and portfolio presentation. WORK SCHEDULE Generally 8:00 am to 5:00 pm Monday through Friday with one hour unpaid lunch. Must also be available for Center for the Arts or other City activities or meetings that require the attendance of the Graphic Designer -Digital Arts Manager. Occasional weekend hours. Limited overtime. EXAMINATION INFORMATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. 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. Failure to pass these tests will result in withdrawal of the employment offer. Graphic Designer -Digital Arts Manager Description JUNE 2023 Page 334 of 644 PERSONNEL REQUISITION Graphic Designer - Digital Arts Manager The following questions are provided as guidelines to assist you in developing your rationale for the position of Graphic Designer - Digital Arts Manager in the Cultural & Arts Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? This position is responsible for design of all printed and electronic/informational material for the Waterloo Center for the Arts and for management of digital arts functions, programs and the digital arts production resources. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? This is a key staff position which requires specialized professional knowledge and skills which cannot be effectively assigned to other staff. (3) How is the work of this position being accomplished now? The work of this position is currently being accomplished by the full-time staff member holding this position. Upon their resignation, the position now needs to be filled. Funding to support this position on a full-time basis was reinstated in the FY23 and FY24 budgets. (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)? Filling this position will support effective delivery of information about the City's arts and cultural services, maximizing awareness and participation in programs by area residents and encourage visitation/tourismfrom outside the Cedar Valley. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Page 335 of 644 A qualified candidate in this position will be poised to maximize the effectiveness ofmarketing and advertising dollars resulting in program revenue increases. (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 oftime? Cultural & Arts Department does not schedule or pay out overtime. (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 Cultural & Arts Department experienced some suppression ofrevenues and associated staffing over the past three years due to impacts of COVID-19 and necessary (but disruptive) construction at the Waterloo Center for the Arts facility. Filling some staff vacancies was voluntarily delayed during this time. Programs and participation are trending back to pre-COVID levels and normalization of staffing levels is now required to sustain successful operations. (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. Ifthisposition is not filled, programs and services will not be adequately promoted and citizens will be unaware of arts and cultural resources offered. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The Graphic Designer - Digital Arts Manager is responsible for pre- planning, preparing and scheduling their workflow to mitigate impacts of any work absences. (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? Outsourcing would likely decrease organizational efficiency and effectiveness and would not likely result in cost savings. (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 in the upper tier in terms of the critical nature of their role within the department. Page 336 of 644 (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? The City 2030 Vision plan focuses on public relations, communications and other initiatives as a means to foster community pride, a positive public image and to support economic investment and growth. This position supports those priorities. This position is also critical in connecting audiences with cultural resources and programs which are key to maintaining and enhancing quality of life. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 337 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Communication from the Leisure Services Department on the notice of the conclusion of employment of Larry Vogel, Construction Foreman, effective July 31, 2024, with recommendation of approval of payout of $3,506.94 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. VOGEL PAYOUT 9.3.2024 Page 338 of 644 Page 339 of 644 CITY OF TERLOO IOWA Community of Opportunity Today's Date: 8/14/2024 Effective Date: 7/31/2024 City Council Notice of Employment Severance Department: Leisure Services Job Classification: Construction Foreman Employment Date: 8/4/2008 Employee Name: Larry Vogel The employment with the named City of Waterloo employee has been severed by reason of: 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 Total: Hours; (x) Hourl ate Payout, Vacation -Accrued Vacation -Current Usable Sick Leave Casual Hours Comp Time Pay Unscheduled Leave Other Pay Comments Approved by Human Resources 93.28 0 8 2 0 0 0 36.05 36.05 36.05 36.05 36.05 36.05 36.05 25% $ $ 3,362.74 72.10 72.10 Total Payment $ 3,506.94 Council Agenda Date: 14JNl t31aq- Page 340 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 3, 2024 AGENDA ITEM TITLE Motion approving an Application for Fireworks Display: Light Up The Night Event, November 30, 2024, top of Republic parking ramp, 124 E. 5th Street, on November 30, 2024, beginning at approximately 6:15 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 341 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department September 3, 2024 AGENDA ITEM TITLE Leisure Services Commission Board minutes of July 9, 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 07-09-2024 Page 342 of 644 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, July 9, 2024 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. The meeting was called to order at 7:30. Present: Council Liaison Dave Boesen, Jessica Rucker, Ellen Vanderloo, Tom Powers, Robert Welch, Allison Richter, Tim Moses Staff: Paul Huting, Chris Dolan, Travis Nichols, Bob Etringer, Todd Derifield, JB Bolger Absent: Council Liaison Nia Wilder and Toni Christensen Ellen Vanderloo called for approval of the agenda. Jessica Rucker motioned to approve the agenda, second by Dave Boesen. Ayes: All Nays: None Ellen Vanderloo called for motion for the approval of the June 11, 2024 meeting minutes. Tom Powers motioned to approve the meeting minutes, second by Allison Richter. Ayes: All Nays: None REVIEW OF BILLS Ellen Vanderloo called for approval of the bills. Questions were answered. Motion by Tim Moses to approve June 2024 bills, Tom Powers made a second. Ayes: All Nays: None STAFF UPDATES Forestry — Todd Derifield Forestry crews have been trimming and removing trees along street right of ways and in parks & golf courses. Todd also attended monthly meetings over the last year with the Church Row Neighborhood's Park Committee. This exercise was organized by Habitat for Humanity staff. As a result of the meetings a Block Grant application was submitted to Community Development for Elks Memorial Park for the following amenities: Shelter, picnic tables, benches, & lining the basketball courts. Results of grant award will be available in October. Sports and SportsPlex — Bob Etringer Swim lessons are on week three and they are going well. The pool is planned to close for the season on August 9th. Optimist baseball/softball will have their last tournaments this weekend. After some more paint the awning project at The Sportsplex will be complete. Construction, Projects — Travis Nichols Crews have been working on the garbage route along with clean up from The 4th of July. Clean up continued over the holiday and throughout the weekend. The new shade structure has been installed at the Skate Park. The event held over the weekend was able to use the structure and it is working well. There is a couple job openings at Leisure Services, the Park Maintenance/ Construction II is open and we are taking applications. Construction Foreman is also open and is a promotional position only. Page 343 of 644 Golf and Downtown Area — JB Bolger Downtown crew has been busy preparing for the Mayor's fireworks, which was a successful event this past weekend. The crews have all been cleaning firework debris from all the parks. Golf course crews are busy working on preparing for The Waterloo Open which will take place next week. Golf Rounds Report was distributed. Young Arena — Chris Dolan The Waterloo Black Hawks 2024-2025 schedule has been release. The home opener will be Saturday September 28. The Black Hawks have a 30 game home schedule starting in September and ending in April. The Marching Against the Darkness Drill Team competition will take place at Young Arena on Saturday July 13. The Dasher board/kick plate improvements are completed. The glass support brackets have been powder coated red. The Ice system preventative maintenance and improvements continue. The Upgrades on the RO flood water system are to be completed by August 15. Roof repairs continue on original sections. The next regular Leisure Services Commission Meeting will be held Tuesday, August 13, 2024. Jessica Rucker made a motion to adjourn the meeting, second by Allison Richter. Ellen Vanderloo adjourned the meeting at 8:40. , Secretary Jessica Rucker 12)1U Date Page 344 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE Board of Adjustment Regular Meeting minutes of May 28, 2024. RECOMMENDED COUNCIL ACTION Approval. MEETING DATE September 3, 2024 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board of Adjustment Minutes May 28, 2024 Page 345 of 644 CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES REGULAR MEETING - 4:00 P.M. MAY 28, 2024 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson Thornsberry at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Jeri Thornsberry, John Beckman, Christopher Schmitz, and Craig Holdiman. Members present electronically were: None. Members absent were: none (there is one open position). Others present were Aric Schroeder, Lexi Schneider, Tim Andera & John Dornoff — the Planning Department, and eight citizens. Others present electronically were: Dave Boesen — City Council Ward 2. I. Approval of the Agenda It was moved by Beckman and seconded by Holdiman to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on April 23, 2024. Thornsberry and Holdiman noted some spelling errors. It was moved by Holdiman, seconded by Beckman, to approve the minutes as amended for the April 23, 2024 regular meeting. Motion carried unanimously. III. Decision Items 1. Request by VGM Group, Inc. dba Strategic Imaging on behalf of Iowa Woo for a variance to the sign regulations to allow three banner signs for one year in the "M-1" Light Manufacturing District located at 204 Ansborough Avenue Dornoff read the staff report recommending approval of the request. Thornsberry asked if the expiration date should be added to the conditions to which Dornoff responded it was up to the Board to make that determination. Beckman asked for confirmation that the maximum amount of time that the signs can be up is one year. Schmitz asked if they were planning to go to more permanent signs, to which Dornoff responded he was not sure and that would be a question for the applicant. It was moved by Holdiman, seconded by Schmitz, to approve, per staff recommendation, the request by VGM Group, Inc. dba Strategic Imaging on behalf of Iowa Woo for a temporary variance to the sign regulations to allow three banner signs for one year that will expire on May 28, 2025 in the "M-1" Light Manufacturing District located at 204 Ansborough Avenue. Motion carried unanimously. Page 346 of 644 City of Waterloo Board of Adjustment May 28, 2024 2. Request by Jeff Kamp for a variance to the accessory structure regulations to allow for an accessory structure in the narrow dimension front yard, a variance to the size limitations to allow for a size of 2,288 square feet, 848 square feet more than the 1,440 square feet allowed, a height of 20.5 feet, 5.5 feet more than allowed in conjunction with a one-story home in the "C-1" Neighborhood Commercial District located at 722 Dearborn Avenue. Dornoff read the staff report recommending approval of the request with the following conditions: 1) That the final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc., and 2)That the larger shed and the hoop building are demolished within 30-days of the completion of the new accessory structure. Schmitz asked if the metal siding has been taken care of to which Dornoff responded the situation with the metal siding will be discussed during the discussion period. Jeff Kamp, 722 Dearborn, stated he was trying to build a new garage so he could get rid of the hoop building and keep stuff from being stored outside. Thornsberry asked where the hoop -building was to which Beckman showed her the location. Kamp stated that everything in the hoop building and the 192-square-foot shed will go into the new garage. It was moved by Beckman, seconded by Holdiman, to approve per staff recommendation the request by Jeff Kamp for a variance to the accessory structure regulations to allow for an accessory structure in the narrow dimension front yard, a variance to the size limitations to allow for a size of 2,288 square feet, 848 square feet more than the 1,440 square feet allowed, a height of 20.5 feet, 5.5 feet more than allowed in conjunction with a one-story home in the "C-1 "Neighborhood Commercial District with the following conditions: 1) That the final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc., and 2)That the 192 square foot shed and the hoop building are demolished within 30-days of the completion of the new accessory structure located at 722 Dearborn Avenue. Motion carried unanimously. 3. Request by CGA Engineers on behalf of Babic Properties, LLC for a variance to the front yard setback of 13 feet, 7 feet less than the 20 feet required, a variance to the parking setback requirement to allow for a set back of 0 foot on the west side and 1 foot on the east side, 5 feet and 4 feet less than the 5 feet required respectively in conjunction with the construction of a new 8 plex to replace an existing dilapidated 8-plex in the "C-2" Commercial District located at 1738 Flower Street. Schneider read the staff report recommending approval of the request Thornsberry noted that there is no condition that states that a drainage plan will need to be submitted, to which Schroeder responded that the Board could add that standard language but noted that the site plan does show a green area partially along the front yard and the side yard that could service as a detention basin. Schmitz noted that the applicant owns the two buildings to the west and asked if the buildings would be the same style, to which Schroeder responded that they will be a more modern style with balconies on the second level and patios on the first level. -2 Page 347 of 644 City of Waterloo Board of Adjustment May 28, 2024 Larry Koosman, CGA Engineers, stated that he was available to answer questions. It was moved by Beckman, seconded by Holdiman, per staff recommendation to approve the request by CGA Engineers on behalf of Babic Properties, LLC for a variance to the front yard setback of 13 feet, 7feet less than the 20 feet required, a variance to the parking setback requirement to allow for a set back of 0 foot on the west side and 1 foot on the east side, 5 feet and 4 feet less than the 5 feet required respectively in conjunction with the construction of a new 8 plex to replace an existing dilapidated 8 plex with the following condition: that the final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc in the "C-2" Commercial District located at 1738 Flower Street. Motion carried unanimously. 4. Request by ZAYN Properties LLC for a Special Permit to allow for approximately 155,000 cubic feet of rubble fill to allow for the construction of a commercial building in the "M-1" Light Industrial District located south of 2345 Osage Avenue. Dornoff read the staff report recommending approval of the request with the following condition: the final site plan must meet all applicable city codes, regulations, etc., including, but not limited to, parking, landscaping, drainage, etc. Dornoff noted that at the Planning, Programming, and Zoning Commission meeting, there was one person in attendance who lives in the home across Evans Road who was concerned about buffering unsightly cars to which Thornsberry noted there is a large number of trees between the proposed side and the home across the street. Beckman noted that they have been infilling this for some time, and this is only to get them in compliance, to which Dornoff responded correct but noted the property is right on the border of the City of Waterloo, and apparently, the applicant thought they were outside the city. Beckman asked if the first condition takes care of the drainage that is talked about in the staff report to which Dornoff responded yes. It was moved by Schmitz, seconded by Holdiman, to approve per staff recommendation the request by ZAYN Properties LLC for a Special Permit to allow for approximately 155,000 cubic feet of rubble fill to allow for the construction of a commercial building with the following condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc in the "M-1 "Light Industrial District located south of 2345 Osage Avenue. Motion carried unanimously. 5. Request by Levi Architecture on behalf of Hawkeye Community College for a Special Permit to allow for the construction of a 7,456 square -foot expansion of the existing building at the Regional Transportation Training Center in the "A-1" Agricultural District located at 6433 Hammond Avenue. Schneider read the staff report recommending approval of the request with the following condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc., and noted that the applicant is working on getting a new site plan which will show the needed number of parking spaces. Thornsberry asked why Hawkeye Community College is zoned "A-1" Agricultural District to which Dornoff responded that a school can be in any zoning district and since this is literally on the edge of the city that it has always been zoned as such. -3 Page 348 of 644 City of Waterloo Board of Adjustment May 28, 2024 Mike Thole, Levi Architecture, stated he was available to answer questions. Holdiman asked if they needed 65 parking spaces, to which Thole responded that they do not, and Dornoff noted there is lots of land if the need for additional parking arises. It was moved by Holdiman, seconded by Beckman, per staff recommendation to approve the request by Levi Architecture on behalf of Hawkeye Community College for a Special Permit to allow for the construction of a 7,456 square foot expansion of the existing building at the Regional Transportation Training Center with the following condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc in the "A-1" Agricultural District located at 6433 Hammond Avenue. Motion carried unanimously. 6. Request by the Cedar Bend Humane Society for a Special Permit to allow for a 33,700 square -foot expansion of the existing Animal Shelter in the "M-1" Light Industrial District located at 1166 West Airline Highway Andera read the staff report recommending approval of the request with the following condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. Beckman asked if there was any opposition to the request, to which Andera stated that staff had not heard any opposition. Adams Daters, CGA Engineers, stated he was available to answer questions. Kristy Gardener, 6740 Leversee Road, Executive Director of the Cedar Bend Human Society was available to answer questions. Beckman asked about the organizations service area to which Gardner explained that they are mainly in Black Hawk County but also works with smaller communities outside the county. It was moved by Beckman, seconded by Schmitz, to approve per staff recommendation the request by the Cedar Bend Humane Society for a Special Permit to allow for a 33,700 square foot expansion of the existing Animal Shelter in the "M-1 "Light Industrial District located at 1166 West Airline Highway with the following condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. Motion carried 3-0- 1 (Holdiman abstained). IV. Discussion 1. Adoption of House File 2388, an Act relating to the regulation of styles and materials used for residential building exteriors. Dornoff went over the law adopted by the State of Iowa, which forbids cities and counties from regulating residential siding, including accessory structures. Boesen asked if the staff was going to follow the new law to which Dornoff responded yes. -4 Page 349 of 644 City of Waterloo Board of Adjustment May 28, 2024 2. The City of Waterloo Board of Adjustment will next meet on June 25, 2024. V. Adjournment Thornsberry adjourned the meeting at 5:02 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II -5 Page 350 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE Historic Preservation Commission minutes of June 18, 2024. RECOMMENDED COUNCIL ACTION Approval. MEETING DATE September 3, 2024 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. Historic Minutes 6-18-24 Page 351 of 644 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — June 18, 2024— 4:30 P.M. The meeting was held in the Mollenhoff Room at City Hall Chairperson Gilbert called the regular meeting of the City of Waterloo Historic Preservation Commission to order at 4:30 p.m. Commission Members present were: Jared Hottle, Cole Weliver, Ivan Valtchev, Matthew Gilbert, and Susan Price. Commission Member(s) absent were: Nick Hedrick, Ed Ottesen, Hector Salamanca Arroyo and Terry Stevens Others present were: Lexi Schneider - Planning Staff, Tim Kuhlmann — Cedar Valley Historical Society, Leticia Silva — Applicant and her son. Approval ofAjienda Motion made by Valtchev, seconded by Price to approve the agenda of the June 18, 2024 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Hottle, seconded by Valtchev to approve the minutes of the May 21, 2024 regular meeting. Motion carried unanimously. Oral Presentations No Report Hearings 1. Request by Leticia Silva for a Certificate of Appropriateness to allow for the installation of vinyl siding, white metal flashing, and a new roof at 1003 Vine Street. Gilbert presented the staff report for the request. Leticia Silva explained she is proposing 4" savannah wicker vinyl siding because the wood is rotting in certain parts of the siding. There are other homes in the area with vinyl siding. Valtchev noted the other homes in the area with vinyl siding may have been installed without a permit and were not approved by the commission. Schneider stated that the vinyl siding on the homes in the area were permitted and did not have to receive approval from the commission because they are not located in the Highland Historic District. The home is located on the corner of the historic district. Valtchev stated that the siding looks fine for the most part and it looks like there are a few spots that need repaired but most of it simply needs painted. -1- Page 352 of 644 Gilbert explained that the commission has approved vinyl siding on structures in the past because of the cost of replacing wood siding is too expensive. Leticia noted that the contractor did tell her it would be more expensive to repair the wood siding rather than place vinyl on the home, but she was unable to present an exact number. She stated that the home will be a single-family rental. The commission discussed the work to repair the fascia and soffit would be more involved than the siding work. They questioned whether the siding is in enough disrepair to replace it with vinyl siding. Valtchev said he is okay with approving the proposed soffit and fascia if the siding is painted. It is a highly visible corner lot that may lose its historical significance if the siding is replaced with vinyl. Motion made by Price, seconded by Valtchev to approve the request by Leticia Silva for a Certificate of Appropriateness to allow for the installation of vinyl siding, white metal flashing, and a new roof at 1003 Vine Street. Motion failed 1-4 with Price voting to approve. Motion made by Hottle, seconded by Valtchev to approve the request by Leticia Silva for a Certificate of Appropriateness to allow for the installation of a new roof at 1003 Vine Street. Motion carried unanimously. Valtchev explained that the labor cost to paint the home versus install vinyl siding would be about the same, but the material cost would be more expensive to repair siding and paint. It would be a good investment on the property if the wood siding was repaired and kept. Leticia stated she is concerned that the upkeep on the home will be a lot for her, as she is a small local investor, not a company like Iowa Heartland Habitat for Humanity or Hawkeye Community College. Valtchev explained that there is more maintenance with wood siding, but maintenance is not needed every day. Hottle noted the siding looks repairable and quotes on repairing the siding should be obtained from multiple contractors not just one contractor. The commission reviewed the appearance of the new soffit and fascia with the existing siding and decided that it would not match. Motion made by Hottle, seconded by Valtchev to deny the request by Leticia Silva for a Certificate of Appropriateness to allow for the installation of vinyl siding and white metal flashing at 1003 Vine Street, with the condition that if the applicant obtains more quotes on the cost of repairing the wood siding versus installing the vinyl siding and the cost is too high she can come back to the Historic Preservation Commission. Motion carried unanimously. Building/Project Consultation No Report -2- Page 353 of 644 Reports 1. Main Street Schneider presented information from Ottesen on Main Street in his absence. The Main Street Design Council approved a request for an ADA ramp at 405 E 5th Street, which is located across from City Hall. It is to be concrete with exposed concrete walls. Ottesen was the only vote to deny the request due to the visual of a exposed concrete wall along 5th street fronting a predominantly brick building. Other items that were reviewed were tabled due to not having enough information to consider. The ROI matrix Main Street is using on all of their events had Tour De Loo not meeting expectations. Currently there is still a willingness to continue the event. Next years date has been tentatively set for May 29. The desire is still to partner with the Historic Preservation Commission and a better balance of Historic Preservation Commission and Main Street needs to be had at the final gathering. 2. Silos and Smokestacks. No Report. 3. Grout Museum Kuhlmann stated the Grout had a successful garden tour and the Historic Homes Tour is scheduled for August. There are 3 individuals who have agreed to be a part of the Historic Homes Tour and they need 7. Iowa Heartland Habitat for Humanity will have one home open for a tour. 4. Project Update Gilbert stated that he attended the Preserve Iowa Summit and talked with individuals about a historical or cultural district in Waterloo and what guidance they could provide. 5. Highland No Report. 6. Walnut Valtchev noted the neighborhood has a new president and vice president. National Night Out's theme will be the Olympics. The Walnut Neighborhood Cleanup Day is approaching. Gilbert explained that conceptual drawings for 415 Walnut have been completed and they are currently speaking with stakeholders. There should be more information for the public released at the August meeting. Discussion Items/Possible Action Items 1. Dunsmore House Recap -3- Page 354 of 644 Gilbert gave a summary of the city council work session on the Dunsmore House. The City Council is setting up a tour with city staff to see the Dunsmore House. It was stated at the work session that the home could be a possible place for the Historic Commission to meet and there should be other types of funding researched because the city may not have the funds to cover the entire project. He noted that Schneider has created a shared drive with documents about the Dunsmore House. Schneider explained that the grants in the table are grants that may work for the Dunsmore House rehabilitation project. Gilbert stated that ADA access has been discussed if the home was turned into a commercial space and he has spoke with Ottesen about possible grandfather rules that could mean the home may not need an elevator. Commissioners asked if they could tour the Dunsmore House, to which Schneider stated that can be scheduled. 2. School Art Project 2024 Gilbert noted that he will be getting in contact with the schools. 3. Main Street Waterloo Collaboration No Report 4. Other Collaborations Hottle explained he is going to wait till after summer to set up a time with the NE Iowa Board of Realtors to hold an educational seminar. It would be helpful to speak with people from Decorah and other communities that the NE Iowa Board of Realtors covers. Gilbert noted he has spoken to individuals from Decorah and Waverly about the seminar. He stated the Waterloo Youth City Council will be having their historic tour and would like the commission to be a part of the event. The tour will be for youth city council members and their families and individuals from Allen Hospital. The event is scheduled for September 20 and will begin with everyone meeting at Allen Hospital in the morning. The Youth City Council would like to see the Historic Preservation Commission lead the tour. Gilbert added that the Youth Art Team has completed the mural at Fergurson Fields Park. 5. City -Owned Properties and Demo List No Report 6. Maps No Report 7. Goals and Action Plans -4- Page 355 of 644 Gilbert stated that if commissioners have attended a conference or event they should get that information to Lexi. Discussion Items: Tim Kuhlmann noted the Cedar Valley Historic Society will begin to meet again in September. Gilbert explained there may be a good opportunity for a collaboration between the Youth City Council and the Cedar Valley Historical Society. Design Guidelines: No Report. Adjournment Chairperson Gilbert adjourned the meeting at 5:36 p.m. Respectfully submitted, Lexi Schneider Planner I 5- Page 356 of 644 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 3, 2024 AGENDA ITEM TITLE Liquor Licenses a. Tobacco Outlet Plus #500, 1803 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp: 10/14/25. b. Main Street Waterloo, 4th St. Bridge, Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal 5-Day) Exp: 9/28/24. c. Kwik Star #229, 1717 E. San Marnan Dr., Class B Alcohol w/Sunday Sales (Renewal) Exp: 9/24/25. d. Fester's Pub, 324 E. 4th St., Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (Renewal) Exp: 7/21/25. e. Mama Nick's Circle Pizzeria, 1934 Washington St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 9/9/25. f. Narey's 19th Hole, 2073 Logan Ave., Class C Alcohol w/Sunday Sales (Renewal) Exp: 8/22/25. g. Landmark Commons, 1400 Maxhelen Blvd., Class F Alcohol w/Outdoor Service/Living Quarters and Sunday Sales (Renewal) Exp: 8/31/25. h. Queen of Peace Church, 320 Mulberry St., Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day) Exp: 9/12/24. i. Anton's Garden, 518 Sycamore St., Special Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day Extended Outdoor Service) Exp: 9/30/24. j. Karma Bar, 309 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/14/25. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 357 of 644 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 358 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Sale and conveyance of city -owned property located southeast of 1907 Black Hawk Street, in the amount of $1.00, to 5 Bees, LLC, in accordance with the Master Development Agreement approved on July 13, 2020. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The city of Waterloo has been working with 5 Bees LLC on redevelopment within the Rath TIF District. This would be the final phase of the agreement that was approved in 2020. The lot in question had liens requiring the city to maintain ownership until the liens expired. They liens expired in May therefore the City can now transfer ownership to 5 Bees. NEIGHBORHOOD IMPACT redevelopment of the lot would have a positive impact on the neighborhood. DATA, ANALYSIS, AND STRATEGIES Construction of new buildings within the Rath Urban Renewal Area 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 Legal Description of Leased Premises Page 359 of 644 HAYES ADDITION PARCEL I OF SE 1/4 SEC 25 T 89 R 13 LYING IN BLK 15 AND FORMALLY A PART OF PARCEL FAS SHOWN IN DOC 2007-014335 DESC AS COM AT SELY COR BLK 15 HAYES ADD TH N 49 DEG 01 MIN 25 SEC W 5 FT ALONG SLY LINE BLK 15 TO PT OF BEG TH N 24 DEG 27 MIN 43 SEC E 426.10 FT TO PT ON SWL Y LINE OF PARCEL DEED B 545 P 381 PT BEING 75 FT NWL Y OF ELY TERMINUS OF THAT LINE TH N 40 DEG 14 MIN 30 SEC W 154.78 FT ALONG PARCEL DESC CLO B 545 P 381 TH S 40 DEG 50 MIN 06 SEC W 259.58 FT ALONG A LINE PAR WITH AND 140 FT DISTANT TO ELY LINE BLK 16 HAYES ADD TO SLY LINE BLK 15 TH S 49 DEG 01 MIN 25 SEC E 222.28 FT ALONG SAID SLY LINE BLK 15 TO PT OF BEG EXC NWL Y 45.94 FT IN EVEN WIDTH AS MEASURED ALONG NL Y ROW LINE BLACK HAWK ST. ATTACHMENTS 1. Recorded 5 Bees Development Agreement and Lease agreement Page 360 of 644 17:4cig 6i25 111111mmm111nmw11111111111111111u111ua *64-VCA: WMedw Prep red by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Doc ID. 010006770025 Type GEN Recorded: 11/20/2020 at 03:23:30 PM Fee Amt: $127.00 Page 1 of 25 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2021-00011025 Phone (319) 234-5701 DEVELOPMENT AGREEMENT (Phased Development) This Development Agreement (the "Agreement") is entered into as of .akAsA L3 , 2020 by and between 5 Bees, 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, 2015, 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"). B. Company is willing and able to finance and construct buildings and related improvements on property located in the Urban Renewal Area. 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. City believes that the development of the Property (defined below) 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 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. Within 30 days from the date of this Agreement, City shall convey to Company, for the sum of $1.00, the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, 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 aij Page 361 d#�154'4 File Number: 2021-00011025 Seq: 1 right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, or other applicable law. 2. Phased Development. The parties contemplate that Company will develop the Property and other nearby properties 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: A. Phase 1. Demolition of existing structure on the Property and construction of a new commercial building of no less than 3,000 square feet. B. Phase 2. Interior and exterior improvements to an existing building on property at 1813 Black Hawk Street, Waterloo. C. Phase 3. Demolition of existing structure at 175 W. 16th Street, Waterloo (the "Phase 3 Lot") and construction of a new commercial building of no less than 3,000 square feet. D. Phase 4. Construction of a commercial building of no less than 6,500 square feet on parcel no. 8913-25-453-005 at the corner of Black Hawk Street and W. 18th Street (the "Phase 4 Lot"). Properties corresponding to Phases 2-3 are referred to as "Developer Properties," and the Property, Developer Properties and Phase 4 Lot are referred to as "Project Properties." For each phase, City may require that Company submit specific building designs and site plans for City review and approval. Improvements to the Project Properties completed within the schedule established by Section 5 below will be eligible for the benefits provided for in this Agreement, and any Phase of the Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Improvements by Company. Company shall construct on the Project Properties the improvements described in Section 2 above, and related landscaping, paving, 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. 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 Properties, the Improvements, and all site preparation and development - related work to make the Project Properties usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 4. Timeliness of 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 2 Page 362 of 644 File Number: 2021-00011025 Seq: 2 extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property and the Phase 4 Lot to Company, and that without said commitment City would not have done so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain all permits to demolish the existing structure on the Property and to construct the Phase 1 Improvements so that construction on Phase 1 Improvements begins by April 1, 2021 (the "Phase 1 Start Date") and is completed no later than April 30, 2022 (the "Phase 1 Completion Deadline"). Phase 2 Improvements must be substantially completed by December 31, 2023, and Phase 3 Improvements must be substantially completed by December 31, 2024. Company must begin construction of Phase 4 Improvements within 12 months after City conveys the Phase 4 Lot to Company (the "Phase 4 Start Date) and must substantially complete such Improvements by December 31, 2026 or within 24 months after City conveys title to the Phase 4 Lot to Company, whichever is later (the "Phase 4 Completion Deadline"). For any phase, substantial completion of construction shall be evidenced by issuance of an occupancy permit. B. Events triggering reverter of title. (i) Subject to Unavoidable Delays as set forth below, if Company has not, in good faith, begun the construction of Phase 1 Improvements and Phase 4 Improvements by the corresponding Phase Start Date, then City may terminate this Agreement as to such phase area and title to such phase area shall revert to the City, except as may be provided in this Agreement; provided, however, that if construction has not begun by the applicable Phase Start Date but the development of the Project as to such phase is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the phase Improvements, and if an extension is granted but construction of the phase Improvements has not begun within such extended period, then City may terminate this Agreement as to such phase area(s) and title to the applicable phase area(s) shall revert to the City after the end of said extended period. In the event of any termination, City shall have no further obligations under this Agreement with respect to any affected phase area. (ii) If Company determines at any time that the Project, in whole or in part, is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the applicable undeveloped phase area(s) to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement with respect to any such phase area conveyed, except as expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against any Project Property deeded to City. 3 Page 363 of 644 File Number: 2021-00011025 Seq: 3 (iii) If development 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, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the phase area(s) shall revert to City. 5. 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 reverted Project Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against such property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days 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, claim, charge, or encumbrance on or against the reverted Project Property of any type or nature whatsoever that attaches to such 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. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. Water and Sewer. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Project Property that Company desires and for payment of any associated connection fees. 7. Additional City Assistance. The incentives described in the following subsections of this Section 7 are in addition to the other Project incentives extended by City to Company hereunder. A. Development Grant; Contingent Repayment; Security. City will provide payments of up to $120,000.00 (the "Grant") to assist Company with acquisition of Developer Properties and Company's demolition activities thereon. The schedule of payment shall be as follows: 4 Page 364 of 644 File Number: 2021-00011025 Seq: 4 P & 1) $70,000.00 within thirty (30) days after the date of this Agreement; 2) $25,000.00 within thirty (30) days after Company provides to City proof of closing on Company's purchase of the Phase 3 Lot. 3) $25,000.00 within thirty (30) days after Company provides to City proof of completed demolition of existing structures on the Property and the Phase 3 Lot. If Company fails to complete the Project as required by Sections 2 and 3, then the Grant will be repayable to City at the rate of $30,000.00 for each Project phase that is not completed. Any amount repayable shall accrue interest at the rate of six percent (6%) per annum from and after the date of disbursement from City and continuing until repaid in full. As security for repayment of the Grant, Company shall either (a) provide a mortgage to City against the Project Properties, which City agrees to subordinate to any mortgage for acquisition or construction financing, or (b) obtain and keep in force one or more performance bonds in the amount of not less than $150,000.00 for each Project phase and one or more payment bonds that guarantee the timely payment of all materials, services and labor. If Company elects to maintain performance and payment bonds, then certificates or copies of said bonds shall be delivered to City, and until Project completion Company will not do or omit the doing of any act which would vitiate any bond. Upon completion of a Project phase, City shall release any mortgage against property corresponding to such phase, and Company may terminate any performance bond or payment bond corresponding to such phase. B. Phase 4 Lot. Within sixty (60) days after the date of this Agreement, City will terminate the existing lease for the Phase 4 Lot between City and 3 Little Lambs, LLC and shall enter into a new lease for the Phase 4 Lot with Company, substantially in the form attached hereto as Exhibit "B". Within thirty (30) days after the lapse, release or discharge of any and all tax liens, judgment liens or other liens affecting the Phase 4 Lot (anticipated to occur no later than May 2024), City shall convey the Phase 4 Lot to Company on the same terms as the conveyance described in Section 1 of this Agreement. C. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. D. Vacated Alley. City agrees to take all steps necessary to vacate the alley behind the Property and to convey same to Company by quit claim deed concurrently with conveyance of the Property. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 5 Page 365 of 644 File Number: 2021-00011025 Seq: 5 other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $150,000.00 (the "Phase 1 Minimum Actual Value"), through: either; (i) willful destruction of the Property, Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with Phase 2 Improvements, Phase 3 Improvements, and Phase 4 Improvements, the parties will execute and record for each such phase a separate MAA to establish the Minimum Actual Value ("MAV") for such phase. The parties anticipate that the MAV for Phase 2 will be $100,000.00, the MAV for Phase 3 will be $150,000.00, and the MAV for Phase 4 will be $400,000.00. The total MAV will be not less than $800,000.00 for all combined phases of Improvements. 9. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Project Properties, 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 in advance of Company's execution of any such mortgage. Company may not mortgage the Project Properties or any part thereof for any purpose except in connection with financing of the Improvements. 10. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer, in whole or in part, its interest in any Project Property prior to completion of the applicable Project phase 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. 11. 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. 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 6 Page 366 of 644 File Number: 2021-00011025 Seq: 6 P�3 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 substantial completion of the Improvements, 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. Each Project Property will have a taxable value as set forth in the corresponding MAA, and Company agrees that the minimum actual value of such property and completed Improvements thereon as stated in the MAA will be a reasonable estimate of the actual value of the such property and related 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 Project Property and related site improvements, will equal or exceed the assessor's minimum actual value for such Project Property and Improvements as set forth in the MAA. D. Until termination of an MAA, Company will maintain, preserve and keep the Project Properties, including but not limited to the related 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. E. 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 Project Properties owned by it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property that is determined by any tax official to be applicable to the Project Properties 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 Properties. 12. 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 Properties and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 13. Representations and Warranties of City. City hereby represents and warrants as follows: 7 Page 367 of 644 File Number: 2021-00011025 Seq: 7 P 0& 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. 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. 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 8 Page 368 of 644 File Number: 2021-00011025 Seq: 8 P & 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. 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 Properties 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 Properties 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 term 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 or the Phase 4 Lot and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property or Phase 4 Lot, 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. 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; 9 Page 369 of 644 File Number: 2021-00011025 Seq: 9 P� 46, &5 B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, the Phase 4 Lot, 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 Project Properties; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or an MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Project Properties. 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. 18. 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 and/or Phase 4 Lot as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City 10 Page 370 of 644 File Number: 2021-00011025 Seq: 10 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. Remediesunder 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. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at P.O. Box 655, Waterloo, IA 50704, Attention: Jonathan Brundrett. 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 11 Page 371 of 644 File Number: 2021-00011025 Seq: 11 P � li&f2 transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. 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. 28. Entire Agreement. This Agreement 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. 29. Time of Essence. Time is of the essence of this Agreement. 12 Page 372 of 644 File Number: 2021-00011025 Seq: 12 thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. 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. 28. Entire Agreement. This Agreement 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. 29. 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 Attest: 5 BEES, LLC than Brundrett, Vand Spey ial Projects Director PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all 13 Page 373 of 644 File Number: 2021-00011025 Seq: 13 P i55 promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. Will :m Brundrett q;than Brundrett 14 Page 374 of 644 File Number: 2021-00011025 Seq: 14 EXHIBIT "A" Hayes Addition, Lot 7, Block 16, Waterloo, Black Hawk County, Iowa Page 375 of 644 File Number: 2021-00011025 Seq: 15 P &f2 EXHIBIT "B" BUSINESS PROPERTY LEASE This Business Property Lease (the "Lease") is made and entered into as of ,�t►.� 1 , 2020, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and 5 Bees, LLC ("Tenant"), whose address for the purposes of this Lease is P.O. Box 655, Waterloo, Iowa, 50704. 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: Tax parcel no. 8913-25-453-005, in Waterloo, Iowa, at the northwesterly corner of Black Hawk Street and W. 18'h Street, as legally described on Exhibit "A", with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term commencing upon the date hereof and continuing until and including December 31, 2024, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $ 1.00 , in advance, due upon signing of this Lease. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises only for lawful purposes in its current condition. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever, except as otherwise provided herein. 6. CARE AND MAINTENANCE OF PREMISES. Tenant takes said premises in their present condition. Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate on said premises, and it will remove same from the premises at its own expense. Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual removal from the premises, at its own expense, care for and maintain the premises in a reasonably safe and serviceable condition consistent with its own needs and pursuant to applicable law, ordinance or regulation. Tenant shall make no structural improvements without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for all necessary upkeep of lawns and grounds to keep the premises well - maintained. Tenant shall be responsible to clear ice and snow from all sidewalks on or abutting the premises. 7. FACILITY SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises. 15 Page 376 of 644 File Number: 2021-00011025 Seq: 16 P q47 22 8. END OF TERM. This Lease shall terminate upon expiration of the original term in accordance with Section 1. Tenant agrees that upon the termination of this Lease it will surrender, yield up and deliver the leased premises as required by Sections 3 and 4. Tenant shall not continue to occupy the premises beyond the Lease term without the express prior written consent of Landlord. 9. ASSIGNMENT AND SUBLETTING. Tenant may assign this Lease or sublet the premises or any part thereof without the prior written consent of Landlord, but in any such instance shall provide written notice of such assignment or sublease to Landlord. 10. PROPERTY TAXES. The Property is currently tax exempt. Tenant shall be responsible to pay before delinquency any general property taxes that may be assessed against the Property during the Term hereof. 11. INSURANCE. (a) Tenant agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $1,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien. (c) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its successor office, and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, and to the extent not covered by insurance maintained by Landlord or Tenant, Tenant will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and against any and all claims, demands, causes of action, loss, costs, expenses, damages and liabilities of any type or nature (including but not limited to attorneys' fees and expenses) (each of the foregoing is a "Claim") occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The foregoing indemnity shall include, but is not limited to, Claims of Tenant or any third party for loss, damage or destruction of any personal property or fixtures left on the premises after termination of the tenancy. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. 13. FIRE AND CASUALTY. In the event of a destruction or damage of the leased premises so that Tenant is not able to conduct its business on the premises, and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues and, each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. 14. CONDEMNATION. N/A. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term. Upon default by Tenant in accordance with the terms and provisions of this Lease, or upon Tenant's abandonment of the premises by failure to engage in business activities on the premises for more than fourteen (14) consecutive 16 Page 377 of 644 File Number: 2021-00011025 Seq: 17 P � 49&f2%5 business days, this Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation and forfeiture Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited ten (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (b) Waiver as to any default shall not constitute a waiver of any other or subsequent default. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. N/A. 17. SIGNS. Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the leased premises, provided only that any and all signs shall comply with the ordinances of the municipality in which the property is located and with the laws of the State of Iowa. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs, salvaging or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code as codified in the State of Iowa upon all personal property, and all substitutions, replacements, accessories, and accessions thereto and thereof, kept and used on the leased premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent or for termination of this Lease because of Tenant's default in its performance. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right, from time to time during the term of this Lease, to sell or otherwise dispose of any personal property of the Tenant situated on the leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or unnecessary in connection with the operation of Tenant's business on the leased premises. 21. OTHER PROVISIONS. (a) The parties acknowledge that the leased premises are subject to several federal tax liens and/or judgment liens arising from a prior owner, which by the passage of time will lapse in 2024. If before the date of lapse any lien holder takes action to enforce its lien, Landlord agrees to work diligently to seek a release or discharge of such lien. After lapse, release or discharge of all liens, Landlord shall convey the leased premises to Tenant pursuant to the terms of a development agreement between the parties. 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 17 Page 378 of 644 File Number: 2021-00011025 Seq: 18 Pq 49 M2 24. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto; except that if any part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF, the parties hereto have duly executed this Business Property Lease as of the date first written above. LANDLORD TENANT City of Waterloo, Iowa 5 Bees, LLC By• Quentin Hart, Mayor Attest: 18 By: than Brundrett, VP an. Sp'al Pro -cts Director Page 379 of 644 File Number: 2021-00011025 Seq: 19 EXHIBIT "1" Legal Description of Leased Premises HAYES ADDITION PARCEL I OF SE 1/4 SEC 25 T 89 R 13 LYING IN BLK 15 AND FORMALLY A PART OF PARCEL F AS SHOWN IN DOC 2007-014335 DESC AS COM AT SELY COR BLK 15 HAYES ADD TH N 49 DEG 01 MIN 25 SEC W 5 FT ALONG SLY LINE BLK 15 TO PT OF BEG TH N 24 DEG 27 MIN 43 SEC E 426.10 FT TO PT ON SWLY LINE OF PARCEL DEED B 545 P 381 PT BEING 75 FT NWLY OF ELY TERMINUS OF THAT LINE TH N 40 DEG 14 MIN 30 SEC W 154.78 FT ALONG PARCEL DESC CLD B 545 P 381 TH S 40 DEG 50 MIN 06 SEC W 259.58 FT ALONG A LINE PAR WITH AND 140 FT DISTANT TO ELY LINE BLK 16 HAYES ADD TO SLY LINE BLK 15 TH S 49 DEG 01 MIN 25 SEC E 222.28 FT ALONG SAID SLY LINE BLK 15 TO PT OF BEG EXC NWLY 45.94 FT IN EVEN WIDTH AS MEASURED ALONG NLY ROW LINE BLACK HAWK ST. 19 Page 380 of 644 File Number: 2021-00011025 Seq: 20 P gafi55 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 13. , by and among the CITY OF WATERLOO, IOWA ("City"), 5 BEES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake, or cause to be undertaken, the development of an area ("Project") within the Rath Urban Renewal and Redevelopment Plan area of the City; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon as a part of the Project shall not be less than $150,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties agree that construction of the Improvements will be substantially completed on or before December 31, U 24 . If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates 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, 20 3Z.. Nothing herein shall be deemed to waive the Company's rights under Iowa Code 20 Page 381 of 644 File Number: 2021-00011025 Seq: 21 § 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 Improvements in excess of the Minimum Actual Value. 3. Company agrees that 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. 4. 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. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA 5 BEES, LLC By: Quentin M. Hart, Mayor Attest: Kelley Fe hle, City Clerk athan Brundrett, VP S t ecial Projects Direct STATE OF IOWA ) )ss. COUNTY OF BLACK HAWK ) On this 1111/‘day of , 2020, before me, a Notary Public in and for the State of Iowa, personally peared Quentin M. 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 21 Page 382 of 644 File Number: 2021-00011025 Seq: 22 PIq i3 M2%5 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. 4P(.1 A • ;era, • RI, 77 'o NANCY HIGBY COMMISSION NO.788229 MY COMMISSION EXPIRES 2-7-2 -- Notary Public STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2020 by Jonathan Brundrett as Vice President and Special Projects Director of 5 Bees, LLC. � TIM ANDERA 2 - COMMISSION NO. 772518 *mum * MY COMMISSION EXPIRES row, APRIL 11, 2021 Notary Public 22 Page 383 of 644 File Number: 2021-00011025 Seq: 23 Mfg CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be Tess than One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. /essoror Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on &) , by T.J. Koenigsfeld, Assessor for Black Hawk County, owa. TIM ANDERA COMMISSION NO.772518 MY COMMISSIN MIS 1 O2 EXPIRES Notary Public 23 Page 384 of 644 File Number: 2021-00011025 Seq: 24 Pq M TERMINATION OF BUSINESS PROPERTY LEASE WHEREAS, the City of Waterloo, Iowa ("City") and 3 Little Lambs, LLC ("Company") are parties to a certain Business Property Lease (the "Agreement") concerning real property in Black Hawk County, Iowa, described as parcel no. 8913-25-453-005, and the parties desire to terminate the Lease. NOW, THEREFORE, the parties herby terminate the Lease as of the date hereof and state that the Lease shall have no further force or effect. Dated 3 1.3 , 2020 CITY OF WATERLOO, IOWA By: D-k-Q-U/Y15LcMU461— Quentin Hart, Mayor Attest: Kelley Fe1, City Clerk 3 LITTLE LAMBS, LLC athan Brundrett Managing Member Page 385 of 644 File Number: 2021-00011025 Seq: 25 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Sale and conveyance of city -owned property located east of 415 Newell Street, in the amount of $1.00, to Lucy Evans, including approval of a Development Agreement for the demolition of the home formerly at 437 Newell Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo acquired the property located at 437 Newell Street through Iowa Code 657A. Lucy Evans paid for the demolition of the property in the meantime and would like the property to remain in her family. NEIGHBORHOOD IMPACT Demolition of the property has a positive impact on the neighborhood by eliminating blight in the area. DATA, ANALYSIS, AND STRATEGIES Elimination of Blight 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 Lot 9 in Block 3 in Manson's Second Addition to Waterloo, Iowa. Page 386 of 644 ATTACHMENTS 1. Lucy Evans Agreement Page 387 of 644 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 3 / F , 2024 by and between Lucy Evans (the "Developer") 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. Developer has financed the demolition and removal of structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"), which has served to eliminate a property in dilapidated, blighted and nuisance condition from a residential neighborhood and has readied the Property for future housing or other suitable development. 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 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: Page 388 of 644 1. Sale of Property; Title. Subject to the terms hereof, and following completion of all public hearings and other procedures required by Iowa law, City shall convey the Property to Developer in its as -is condition for the sum of $1.00 and other good and valuable consideration, including without limitation the funds expended and to be expended by Developer in undertaking and completing the Project Activities (defined in Section 2). 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 applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Developer's purposes. Developer is responsible to conduct its own due diligence and inspections. At its own expense, Developer may prepare an updated abstract of title or in lieu thereof 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 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 without further obligation and return the abstract of title to City. If Developer elects to terminate this Agreement, City shall have no duty or liability to reimburse Developer for any cost, expense or liability relating in any way to the Project Activities. 2. Project Activities. Developer represents and warrants that she has obtained a permit for demolition of structures on the Property and has conducted and will continue to conduct all demolition and disposal activities (the "Project Activities") to make the Property usable for Developer's purposes in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal codes, ordinances and other applicable law. 3. 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 completion of all Project Activities, Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise. B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its Project Activities. 4. 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. 2 Page 389 of 644 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. 5. Indemnification and Releases. A. 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 Property or resulting from any Project Activities. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its contractors or agents, or any other person who may be about the Property, 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, Developer 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 Developer against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property, or (3) the Project Activities, or (4) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 6. 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. 7. 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, 3 Page 390 of 644 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. 8. 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. 9. 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. 10. 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. 11. Severabiiity; 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. 12. 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. 13, 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. 4 Page 391 of 644 14. 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. 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. 16. 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. 17. 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 Lucy Attest: Kelley Felchle, City Clerk 5 or Page 392 of 644 EXHIBIT "A" Legal Description of Property Lot 9 in Block 3 in Manson's Second Addition to Waterloo, Iowa. Page 393 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE FY 2025 State Street Sanitary Sewer Replacement and Storm Sewer Disconnects, Contract No. 1110. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tabulation FY25 State St. Sanitary Sewer Replacement and Storm Sewer Disconnects, Cont. No. 1110 Page 394 of 644 2. Form of Contract1110 3. Performance & Payment Bonds 4. City-of-Waterloo,-I_Baker-Enterpris_24-25-GAUWP_8-27-2024_1277063751 Page 395 of 644 FY25 State St. Sanitary Sewer Replacement and Storm Sewer Disconnects, Cont. No. 1110 Engineer's Estimate: $542,000.00 Bid Opening: August 22, 2024 Bidder Bid Security Bid Amount Vieth Construction Corporation Cedar Falls, IA 5% $470,255.30 Peterson Contractors, Inc. Reinbeck, IA 5% $579,797.80 Lodge Construction, Inc. Clarksville, IA 5% $443,108.40 Baker Enterprises, Inc. Waverly, IA 5% $424,835.90 Dave Schmitt Construction, Co., Inc. Cedar Rapids, IA 5% $536 962.37 Page 396 of 644 FORM OF CONTRACT FOR THE CONSTRUCTION OF FY 2025 STATE STREET SANITARY SEWER REPLACEMENT AND STORM SEWER DISCONNECTS CITY OF WATERLOO, IOWA CONTRACT NO. 1110 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and BAKER ENTERPRISES, INC. of, WAVERLY. IOWA, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 Contractor agrees to build and construct the FY 2025 STATE STREET SANITARY SEWER SEWER REPLACEMENT AND STORM SEWER DISCONNECTS, CONTRACT NO. 1110, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike mariner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The work under the proposed contract shall commence within ten (10) working days after receipt of "Notice to Proceed". PAR. 6 Division I State Street Sanitary Sewer Replacement sewer work and related road replacement work shall be completed on or before November 27, 2024. The remaining work (i.e. sidewalk, final grading, and seeding) shall be completed on or before June 27, 2025. The Division II Butler Avenue and Dearborn Avenue storm sewer disconnection work shall be completed on or before June 27, 2025. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. FORM OF CONTRACT Page 1 of 4 Page 397 of 644 PAR. 7 PAR. 8 PAR. 9 PAR. 10 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with tights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 PAR. 14 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor FORM OF CONTRACT Page 2 of 4 Page 398 of 644 PAR. 15 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount ❑f the contract, based ❑n the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $424.834.90. After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed t❑ remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT Page 3 of 4 Page 399 of 644 CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: 31a14.c l�tiker Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 Page 400 of 644 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No.30219444 That we, Baker Enterprises, Inc. of Waverly, IA (the "Principal"), and western Surety Company of Chicago, [L (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Four Hundred Twenty -Four Thousand. Eight Hundred Thirty -Four and 90/100 Dollars ($ 424,834.90 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of FY 2025 State Street Sanitary Sewer Replacement and Storm Sewer Disconnects Contract No, 1110,Waterloo. Iowa . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids far completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PEFORMANCE BOND Page 1 of 2 Page 401 of 644 If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Baker Enterprises, Inc. Western Surety Company Name By: Title: ?.-es Name By: Sara Huston Title: Attorney -in -Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. eeeeeeee AV If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PEFORMANCE BOND Page 2 of 2 Page 402 of 644 Bond No. 30219444 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS; that Baker Enterprises, Inc. (Name of Contractor) P_ D_ Box 277, Waverly, IA 50677 (Address of Contractor) Corporation a , hereinafter called Principal, and, (Corporation, Partnership or Individual) Western Surety Company (Name of Surety) 151 N Franklin St_ Chicago, IL 60606 (Address of Surety) City of Waterloo, Iowa hereinafter called Surety, are held and firmly bound unto (Name of Owner) 620 Mulberry Street Waterloo, IA 50703 (Address of Owner) Four Hundred Twenty -Four Thousand, Eight Hundred Thirty -Four and hereinafter called OWNER, in the penal sum of 90/100 ❑ollars,($424,634•90 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20, a copy of which is hereto attached and made a part hereof for the construction of: FY 2025 State Street Sanitary Sewer Replacement and Storm Sewer Disconnects Contract No. 1110,Waterloo. Iowa NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PAYMENT BOND Page 1 of 2 Page 403 of 644 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three(3) counterparts, each one of which, (number) shall be deemed an original, this the day of ATTEST: c8f\akdA (SEAL) (Principal) Secretary "5\i\ h:Sal Witness as to Pnncipal (5a4 E.$frvwAv'e. (Address) 1,6r),\)&.v 3 V\ SDLDi71 ATTEST: 2 ss as y Kate'Zanders Grand Prairie Parkway (Address) Waukee, IA 50263 Baker Enterprises, Inc. 20 (Principal) By: (5) eta tL4. $..Iwpp• 2 5a 4 not [. (Address) UJ Ulr` i 4 Sc G7 7 By: Sara Husk Attorney•in- 2727 Grand Prairie Parkway (Address) Waukee, IA 50263 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND Page 2 of 2 Page 404 of 644 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, Thai WESTERN SURETY COMPANY. a.South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux malls, and State (Il'South Dakota. and that it does by virtue of the signature and seal herein affixed hereby make. constitute and appoint Dione R Young, Craig E Hansen, Anne Crowner, Brian M Deimerly. Jay D Freiermuth, T Mc Culloh, Kate Zanders, John Cord, Sara Huston, Seth Rooker, Individually of Waukee. IA. its true and lawful Attorneyls)-m-Fact with hill power and authority hereby conferred to sign. seal and execute for and on Its behalf bonds. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as [idly and to the same extent as if such Instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ralifted and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the. Authorizing By -Laws and Resolutions printed at the bottom of this page. duly adopted. as indreatrrJ. by the shareholders of the corporation hi Witness W1"bareof. V.'ESTERN SURETY COMPANY has caused these presents to be signed by Its Vice President and its corporate seal to he hereto affixed on this i4th day- of August, 2024 State of South Dakota County of Minneltatia SS WESTERN SURETY COMPANY a° Larry Kasten, Vice President On this 14th day orAugust, 2024, before me personally came Larry Kasten. to me known. who, being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota. that he is a Vice President of WESTERN SURETY COMPANY described in and whteh executed the above instrument; that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires , + M. BENT larAAY PUBLIC March 2. 2026 ,1 sourtl DAKOTA 9E1L ; t• m. M. Bent. Notary Public CERTIFICATE Paula Kolsrud. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law and Resolutions of the corporation printed below this ceniticate are still in force to testimony whereof t have hereunto subscribed my name and affixed the seal of he said corporation this day of 2024 REty�uy •� pro WESTERN SURETY COMPANY ;FW4' 0044T a= Paula Kolsrud. Assistant Secrctarr Authorizing Ry-Laws and Resolutions ADC -WILD BY THE SHAREHOLDERS Of WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders oftlte Company Section 7. All bonds, policies, undertakings. Powers of Attorney. or other obligations of the corporation shall be executed in die corporate name of the Company by the President. Secretary, and Assistant Secretary. Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation The signature of any such officer and the corporate seal may be printed by }facsimile This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power ofattomeya on behalf of Western Surety Company This Power of Attorney may be signed by digital signature and sealed by adigital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27'i` day of April, 2022. "RESOLVED That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use ofa digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company • Go to s i n ciioisuretr.curn > Owner f Obligee Services > Validate Bond Coverage, if you want to verify band authenticity. Farm F4280-5-2023 Page 405 of 644 ACc1RD� CERTIFICATE OF LIABILITY INSURANCE ilk.----- DATE (MM/DDIYYYY) 8/27/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Holmes Murphy & Associates 2727 Grand Prairie Parkway Waukee IA 50263 CONTACT NAME: Kary Markham PHONE FAX (A/C, No, Ext): 319-896-7710 (A/C, No): ADDRESS: kmarkham@holmesmurphy.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Amerisure Insurance Company 19488 INSURED BAKENTPC PEnterprises, Inc. P.O..O. Box 277 Waverly IA 50677 INSURER B: Amerisure Partners Insurance Company 11050 INSURER C: Navigators Specialty Insurance Company 36056 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1277063751 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD DDL NSD SWUBR VD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y GL212043102 4/6/2024 4/6/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RETED PREMISESO(Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES jE PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y CA212043002 4/6/2024 4/6/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE Y CU212043202 4/6/2024 4/6/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED RETENT ON $ $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A WC212043302 4/6/2024 4/6/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Pollution Liability MP24ECPZOBK95IC 5/19/2024 4/6/2026 Occurrence/Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Reference: CONTRACT NO. 1110 I FY 2025 STATE STREET SANITARY SEWER REPLACEMENT AND STORM SEWER DISCONNECTS City of Waterloo, Iowa is Additional Insured on General Liability, including completed operations, and Auto Liability as required by written contract with the insured, per policy terms and conditions. Umbrella Liability extends coverage to General Liability and Auto Liability, per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Waterloo, Iowa Department of Engineering 715 Mulberry Street Waterloo IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE k.' Co © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Page 406 of 644 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANTAGE GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION 1 - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY. paragraph 2. EXCLUSIONS. provisions 1. through 6. of this endorsement amend the policy as follows: 1. LIQUOR LIABILITY Exclusion c. Liquor Liability is deleted. 2. AMENDED FELLOW EMPLOYEE EXCLUSION A. The following is added to Paragraph 2.a.(1) of Section II — Who Is An Insured' Paragraphs (a), (b) and (c) above do not apply to your "employees" that are: (i) Managers: (ii) Supervisors; (iii) Directors; or (iv) Officers; with respect to "bodily injury" to a "co -employee". B. This Amended Fellow Employee Exclusion coverage is excess over any other valid and collectible insurance. 3. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID CREW) Exclusion g. Aircraft, Auto or Watercraft. paragraph (2) is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; Exclusion g. Aircraft, Auto or Watercraft, paragraph (6) is added as follows: (6) An aircraft that you do not own that is: (a) Hired; (b) Rented; or (c) Loaned to you; with paid crew for a period of five (5) consecutive days or less. Paragraph (6) does not apply if the insured has any other insurance for "bodily injury or "property damage" liability for such aircraft, whether such other insurance is primary, excess, contingent or on any other basis. 4. PREMISES ALIENATED A. Exclusion j. Damage to Property, paragraph (2) is deleted. B. The following paragraph is also deleted from Exclusion j. Damage to Property: Paragraph (2) of this exclusion does not apply if the premises are your work" and were never occupied, rented or held for rental by you. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG 70 70 05 08 Page 1 of 7 Page 407 of 644 5. PROPERTY DAMAGE LIABILITY - ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3) and (6) do not apply to the use of elevators_ B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators: or 2. Liability assumed under a sidetrack agreement. 6. PROPERTY DAMAGE LIABILITY -- PROPERTY LOANED TO YOU AND PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A. Exclusion j. Damage to Property, paragraphs (3) and (4) are deleted, however paragraph 3. is deleted only for this provision 6. B. Provision 6. A. above does not apply to "property damage" that exceeds $25,000 per occurrence or $25.000 annual aggregate regardless of the number of: 1. Insureds; 2. Claims made: or 3. Persons or organizations making claims. C. This provision 6. does not apply if Property Damage Coverage Endorsement CG 70 21 is attached to this policy. The insurance afforded by provisions 1. through 6. of this endorsement is excess over any valid and collectible insurance (including any deductible) available to the insured whether primary, excess or contingent. and SECTION IV., paragraph 4. Other Insurance is changed accordingly. 7. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY Under SECTION 1 - COVERAGE B.. paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, paragraphs 1.b. and 1.d. are deleted and replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. 9. BROADENED WHO IS AN INSURED SECTION Il - WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture. you are an insured. Your members, your partners. and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership. joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Includes copyrighted material of Insurance Services Office, Inc., with its permission_ Copyright Insurance Services Office, Inc., 2004 Page 2 of 7 CG 70 70 05 08 Page 408 of 644 e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers.' only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company). but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you. to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company). to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business. or to your other "volunteer workers" while performing duties related to the conduct of your business: (b) To the spouse, child, parent. brother or sister of that co -"employee" or "volunteer worker's a consequence of paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in Provision 10. of this endorsement. (2) "Property damage" to property: (a) Owned, occupied or used by: (b) Rented to. in the care. custody or control of, or over which physical control is being exercised for any purpose by you. any of your "employees," "volunteer workers", any partner or member (if you are a partnership or joint venture). or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. f. Any person or organization to whom you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy. but only with respect to liability arising out of the maintenance or use of that part of any premises leased to you, including common or public areas about such premises if so required in the contract. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG 70 70 05 08 Page 3of7 Page 409 of 644 However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury". "property damage", "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard." h. Any person or organization who is the lessor of equipment leased to you to whore you are obligated by virtue of a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use by you of such equipment. However, no such person or organization is an insured with respect to any "occurrence" that takes place after the equipment lease expires. i. Any manager, owner, lessor, mortgagee, assignee or receiver of premises, including land leased to you. but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises or land leased to you. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy that premises, or cease to lease the land; or (2) Structural alteration, new construction or demolition operations performed by or on behalf of that person or organization. Any person or organization granting a license to make or distribute "your products", including "your products" that use the name or logo of such grantor and to whom you are obligated by virtue of a written contract to provide insurance such as afforded by this policy. but only with respect to liability arising out of "your products". 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: Coverage under this provision is afforded only until the end of the policy period; Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed because of a written contract or agreement to provide insurance. but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However. no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you: c. Any physical or chemical change in the product made intentionally by the vendor; J• J. a. b. c. Includes copyrighted material of Insurance Services Office, Inc.. with its permission. Copyright Insurance Services Office, Inc.. 2004 Page 4 of 7 CG 70 70 05 08 Page 410 of 644 d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration. testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Demonstration, installation. servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; f. Products which. after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. or e.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization from which you have acquired such products. or any ingredient, part of container, entering into, accompanying or containing such products. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 9• 1Q. INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION II - WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III - LIMITS OF INSURANCE. provisions 11. and 12. of this endorsement amend the policy as follows: 11. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations. As respects this provision 11., your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 12. INCREASED MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD A. The requirement under SECTION I - COVERAGE C MEDICAL PAYMENTS that expenses be incurred and reported to us within one year of the date of the accident is changed to three years. B. SECTION III — LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all the terms of SECTION III - LIMITS OF INSURANCE and is the higher of: 1. $10,000: or 2. The amount shown in the Declarations for Medical Expense Limit. C. This provision 12. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 13. LEGAL LIABILITY (SPECIFIC PERILS) A. The word fire is changed to "specific perils" where it appears in: 1. The Limits of Insurance section of the Declarations: 2. The last paragraph of SECTION I — COVERAGE A, paragraph 2. Exclusions: 3. SECTION IV, paragraph 4.b. Excess Insurance. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG70700508 Page 5of7 Page 411 of 644 B. The Limits of Insurance shown in the Declarations will apply to alf damage proximately caused by the same event, whether such damage results from a "specific peril" or any combination of "specific perils." C. The Datrleye to Premises Rented to You Limit described in SECTION III - LIMITS OF INSURANCE, paragraph 6., is the higher of: (1) $300,000; or (2) The amount shown in the Declarations for Damage to Premises Rented to You Limit. D. This provision 13. does not apply if Damage to Premises Rented to You of SECTION I — COVERAGE A is excluded either by the provisions of the Coverage Part or by endorsement. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 14. through 16. of this endorsement amend the policy as follows: 14. KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit. paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense. regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or art offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers", directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place: (2) The names and addresses of any injured persons and witnesses: and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 15. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete: b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. We will not deny coverage under this coverage part if you unintentionally fail to disclose al! hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by the Coverage Part as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 16. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver. we waive any right of recovery we may have under this Coverage Part. Includes copyrighted material of Insurance Services Office. Inc., with its permission, Copyright Insurance Services Office, Inc., 2004 Page 6 of 7 CG 70 70 05 08 Page 412 of 644 17. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL In the COMMON POLICY CONDITIONS, IL 00 17, Paragraph 2.6. of A. Cancellation is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewa# not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 18. MOBILE EQUIPMENT REDEFINED Under SECTION V - DEFINITIONS. paragraph 12. "Mobile equipment", paragraph f (1) does not apply to self- propelled vehicles of less than 1.000 pounds gross vehicle weight. 19. DEFINITIONS 1. SECTION V — DEFINITIONS, Paragraph 4. "Coverage territory" is replaced by the following definition: 4. "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or "personal and advertising injury," including "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V — DEFINITIONS is amended by the addition of the following definitions: "Specific Perils" means fire: lightning: explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage." "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG70700508 Page 7 of 7 Page 413 of 644 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANTAGE BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number GL 21204310201 Agency Number 0385904 Policy Effective Date 04/06/2024 Policy Expiration/Cancellation Date Date 04/06/2025 05/01/2024 Account Number 20081620 Named Insured BAKER ENTERPRISES INC Agency Issuing Company HOLMES MURPHY & ASSOCIATES, AMERISURE INSURANCE COMPANY LLC 1. a. SECTION II - WHO IS AN INSURED is amended to add as an insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business; or (2) Who is named as an additional insured under this policy on a certificate of insurance. b. The written contract, written agreement, or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", "or "personal and advertising injury" leading to a claim under this policy. c. If, however; (1) "Your work" began under a letter of intent or work order: and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work :and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. SECTION II — WHO IS AN INSURED is amended to add the following: If the additional insured is: a. An individual, their spouse is also an additional insured. b. A partnership or joint venture, members, partners, and their spouses are also additional insureds. c. A limited liability company, members and managers are also additional insureds. d. An organization other than a; (1) Partnership; (2) Joint venture: or Includes copyrighted material of Insurance Services Office, Inc CG 71 24 06 13 Page 1 of 3 Page 414 of 644 (3) Limited liability company; executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. e. A trust. trustees are also insureds, but only with respect to their duties as trustees. 3. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability arising out of: (1) Premises you; (a) Own; (h) Rent; (c) Lease; or (d) Occupy; or (2) Ongoing operations performed by you or on your behalf. If, however, the written contract. written agreement or certificate of insurance also requires completed operations coverage, (we will also provide completed operations coverage for that additional insured. b. Premises, as respects paragraph 3.a.(1) above. include common or public areas about such premises if so required in the written contract or written agreement. c. Additional insured status provided under paragraphs 3.a.(1)(b) or 3.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. d. Ongoing operations. as respects paragraph 3.a.(2) above, does not apply to "bodily injury" or "property damage" occurring after: (1) MI work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete. including related materials. parts or equipment (other than service, maintenance or repairs); or (2) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. e. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; (3) Certificate of insurance: or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. f. This endorsement does not apply to vendors of "your products" or any person or organization included as an insured under the provisions of Section II — WHO IS AN INSURED in the COMMERCIAL GENERAL LIABILITY FORM or in the BROADENED WHO l5 AN INSURED provision of the ADVANTAGE GENERAL LIABILITY EXTENSION ENDORSEMENT if attached to this policy. The insurance provided to the additional insured does not apply to "bodily injury". "property damage". " or "personal and advertising injury" arising out of an architect's, engineer's. or surveyor's rendering of, or failure to render, any professional services, including but not limited to: g• Includes copyrighted material of Insurance Services Office, Inc Page2of3 CG71240613 Page 415 of 644 (1) The preparing. approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; (d) Reports; (e) Surveys; (f) Change orders: (g) Design specifications; and (2) Supervisory, inspection. or engineering services. h. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Contingent; or d. On any other basis; unless the written contract, written agreement or certificate of insurance requires this insurance be primary. In that case. this insurance will be primary without contribution from such other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office. Inc CG71240613 Page3of3 Page 416 of 644 POLICY NUMBER: CA212043002 COMMERCIAL AUTO CA 71 65 09 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED- PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY INSURED CONTRACT OR CERTIFICATE This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM The provisions of the Coverage Form apply unless changed by this endorsement. This endorsement identifies person(s) or organization(s)who are "insured" under the Who Is An Insured Provision of the Coverage Form. This endorsement changes the policy on the inception date of the policy, unless another date is shown below. Endorsement Effective: 04/06/2024 Countersigned By: Named Insured: Baker Enterprises, Inc. (Authorized Representative) (No entry may appear above. If so, information to complete this endorsement is in the Declarations.) 1. Section II - Liability Coverage, A. Coverage, 1, Who Is An Insured is amended to add: Any person or organization with whom you have an "insured contract" which requires: i. that person or organization to be added as an "insured" underthis policy or on a certificate of insurance; and ii. this policy to be primary and non-contributory to any like insurance available to the person or organization Each such person or organization is an "insured" for Liability Coverage. They are an "insured" only if that person or organization is an "insured" under in SECTION II of the Coverage Form. The contract between the Named Insured and the person or organization is an "insured contract". 2. Section IV- Business Auto Conditions, B. General Conditions, 5. Other Insurance, paragraph d. is deleted and replaced by the following for the purpose of this endorsement only: d. When coverage provided underthis Coverage Form is also provided under another Coverage Form or policy, we will provide coverage on a primary, non-contributory basis. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 417 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE MEETING DATE September 3, 2024 FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration, Contract No. 1109. 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 418 of 644 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified Projects. 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. Reimbursement Resolution - City of Waterloo (land purchase NE site urban renewal area) (02394582x7F7E1) Page 419 of 644 Page 420 of 644 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA • Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified Projects. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 421 of 644 September 3, 2024 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry St, Waterloo, IA, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 422 of 644 Council Member introduced the following Resolution entitled "RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted. Council Member seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS WHEREAS, the City anticipates making cash expenditures for one or more capital improvement projects, generally described below (each of which shall hereinafter be referred to as a "Project"); and WHEREAS, the City reasonably expects to issue debt to reimburse the costs of a Project; and WHEREAS, the Council believes it is consistent with the City's budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2. Section 2. That it is reasonably expected that capital expenditures will be made in respect of the following Project(s), from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there existing. 2 Page 423 of 644 Section 3. That the City reasonably expects to reimburse all or a portion of the following expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in the future. Section 4. That the total estimated costs of the Project(s), the maximum principal amount of the bonds, notes or other indebtedness to be issued for the foregoing Project(s) and the estimated dates of completion of the Project(s) are reasonably expected to be as follows: Fund from which Total Amount of Estimated original Estimated Borrowing Date of Project expenditures are to Cost Anticipated Completion be Advanced Land Acquisition $3,500,000 $3,500,000 NE site urban renewal area Section 5. That the City reasonably expects to reimburse the above -mentioned Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service, but in no event more than three (3) years after the original expenditure is paid. Section 6. That this Resolution be maintained by the City Clerk in an Official Intent File maintained in the office of the Clerk and available at all times for public inspection, subject to such revisions as may be necessary. PASSED AND APPROVED this 3rd day of September, 2024. ATTEST: City Clerk Mayor 3 Page 424 of 644 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2024. City Clerk, City of Waterloo, State of Iowa (SEAL) 02394582\11310-000 Page 425 of 644 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving an agreement with MidAmerican Energy Company, of Des Moines, Iowa, in the estimated amount of $498,708.02, in conjunction with the FY 2024 La Porte Road Improvements, Phase I, Contract No. 1016, 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. Cont 1016_MEC Agreement Page 426 of 644 Page 427 of 644 MidAmerican ENERGY OBSESSIVELY, RELENTLESSLY AT rOUIr S RVtC*= August 6, 2024 The City of Waterloo MidAmerican Energy Attn: Amy M Adams - DMCC PO Box 657 Des Moines, IA 50306 Reference: Relocation of facilities from overhead to underground on LaPorte Rd. near Bopp St. and Grimm St. in Waterloo, IA. MX: 3218968 To Whom it May Concern: In response to your request, MidAmerican Energy Company has reviewed the above project and your request for relocation of our overhead electric system. To facilitate your request for conversion of these overhead distribution facilities to an underground system, we have prepared a design proposal for an estimated total of $498,708.02 that would remove the overhead facilities and install them underground in conduit supplied and installed by MidAmerican Energy Co. Since the cost of this project is over $100,000.00, City is required by tariff to pay actual costs upon completion of the work, which could result in an additional charge or a lesser cost to the City. Actual cost will be billed to the City upon completion of our installation. Enclosed are our drawings showing the route of that relocation. This proposal provides the terms and conditions for relocation of our electric distribution facilities only. If adjustments to streetlight facilities are required, the terms and conditions for those projects will be included on a separate proposal. This proposal is valid for 90 days and assumes MidAmerican will be allowed to commence construction within 12 months of the proposal date. Specifically, MidAmerican proposes to; 1. Remove overhead distribution facilities as shown on the attached drawings. 2. Furnish and install underground cable, switchgears and other pad mounted equipment as shown on attached drawings. Page 428 of 644 MidAmerican ENERGY OBSESSIVELY, RELENTLESSLY AT rOUIr S RYWCI. Under the terms and conditions of this proposal, the City Agrees to: MidAmerican Energy Attn: Amy M Adams - DMCC PO Box 657 Des Moines, IA 50306 1. Notify, facilitate and compel all other utilities located on MidAmerican Energy company's poles to relocate to underground. 2. City shall grade the underground primary cable route for direct burial cable to within four inches of final grade and clear the cable route of construction materials, obstructions, and ECT. This grading and clearing shall be done as required to facilitate MidAmerican's schedule for cable installation with no unreasonable delays. In the event of any failure of the City to provide grade preparation according to these specifications or failure of the City to clear any known obstructions in the proposed facility route, the City shall reimburse MidAmerican for all incremental costs incurred by MidAmerican or its contractors resulting from this failure. 3. The City shall coordinate the transfer of any residential and commercial services to existing customers. 4. The City shall furnish, stake and maintain easements for the duration of the project for all MidAmerican Energy pad mounted electrical equipment as shown on drawings. 5. The City shall perform all site restoration necessitated by installation of underground facilities. 6. The City shall stake elevations and Right of Way along the underground cable path and maintain staking for the duration of project. 7. This proposal assumes that MidAmerican Energy will not be required to perform any temporary relocations of the overhead system, and can leave it in place and operable until the completion of the installation of the new underground facilities. Any incremental costs incurred by MidAmerican for such temporary modifications shall be paid by the City. 8. The City shall pay all costs incurred by MidAmerican Energy resulting from design changes or field changes made by the City that deviate from the plans provided by the City for preparation of this proposal. 9. If MidAmerican Energy is required to start construction during the winter season, this work may be subject to a winter construction charge. Page 429 of 644 MidAmerican ENERGY OBSESSIVELY, HELENTLESSLY AT YOUR SERVICE. MidAmerican Energy Attn: Amy M Adams - DMCC PO Box 657 Des Moines, IA 50306 If this proposal is satisfactory, please sign and return one copy of this letter to me. If you have any questions or concerns, please call me at 515-252-6701. Sincerely, MidAmerican Energy Company Aillti IA Alm Amy M Adams Lead Customer Project Coordinator Enclosures Accepted By: Date: Start Date (ech 2/13/09) Page 430 of 644 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 10 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 $175,000.00, in conjunction with the FY 2023 Hammond Avenue Bridge Replacement Over Sink Creek Project, Contract No. 922, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Construction related services. See attached agreement for additional scope of work. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 431 of 644 ATTACHMENTS 1. Cont No.922 Hammond Ave bridge_CRS Page 432 of 644 Supplemental Agreement No. 10 to the Hammond Ave. Bridge Replacement Project Professional Service Agreement between the City of Waterloo, Iowa and Wayne Claassen Engineering and Surveying, Inc. PROJECT: Hammond Avenue Bridge Replacement Project TO: Wayne Claassen Engineering and Surveying, Inc. (CES) FROM: City of Waterloo, Iowa (CITY) You are hereby ordered to make the following changes to the existing Agreement for Professional Services for the Hammond Avenue Bridge Replacement project, dated 10/02/2017 1. Add the following to said existing Agreement: Part III. TERMS AND CONDITIONS Article 7. SPECIAL PROVISIONS, Resident Construction Review Services Task 27. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 28. Answer design interpretation questions from the City, Contractor, review staff and appropriate agencies. Task 29. Prepare monthly applications for payment based on information provided by the field review staff and Contractor and forward to the City for execution with recommendation for approval and payment. Task 30. Perform construction site visits at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contractual documents. Task 31. Prepare and assist the City and Contractor in processing contract change orders. Task 32. Provide field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that the completed work appears to conform to the contract documents. Task 33. Provide weekly SWPPP reviews along with the City and Contractor personnel, as required by Iowa DNR and City. Page 1 of 3 Page 433 of 644 Task 34. Report to the City any work believed to be unsatisfactory, faulty, defective or does not conform to the contract documents and advice the City of any work that should be corrected or rejected. Task 35. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the City. Task 36. Facilitate bi-weekly construction progress meetings of project and complete minutes for each meeting. Task 37. Participate in a review of the project with the City and review staff near project completion and prepare a list of items to be completed or corrected. Task 38. Participate in a field observation of the completed project with the City and review staff before a final application for payment is processed for the Contractor. Task 39. Maintain files of correspondence, reports of job conferences, shop drawings, and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 40. Provide the City with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 41. Prepare and assist the City with the fmal close-out documentation received from the Contractor. 2. Settlement for cost of work to be made as follows: Compensation for the above services will be on a time and materials basis in accordance with CES's normal hourly bill rates plus reimbursable expenses, billed at actual costs, with a Not to Exceed Amount of $175,000, without authorization. 3. All other sections of said existing Agreement remain unchanged. Page 2 of 3 Page 434 of 644 CITY OF WATERLOO APPROVED: BY: Quentin Hart, Mayor of Waterloo BY: WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. William J aaassen, President ATTEST BY: ATTEST BY: Kelley Felchle, City Clerk Sandra Scheil so, c3 ()._(q Date Date Page 3 of 3 Page 435 of 644 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 6, to a Professional Services Agreement originally executed November 7, 2016, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $54,800.00, in conjunction with the FY 2020 University Avenue Reconstruction - Phase 3 Project, (Midway Avenue to US 63), Contract No. 971, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Construction related services. See attached agreement for scope of work. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 436 of 644 ATTACHMENTS 1. SA6 Wat University Ave Platting Final Design Page 437 of 644 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO RECONSTRUCTION OF UNIVERSITY AVENUE FROM MIDWAY DRIVE TO U.S. 63 EXCESS RIGHT-OF-WAY PLATTING AND ADDITIONAL CONSTRUCTION -RELATED SERVICES SUPPLEMENTAL AGREEMENT NO. 6 WHEREAS, a Professional Services Agreement was entered into between City of Waterloo, Iowa, (Client), and AECOM Technical Services, Inc. (ATS), of Waterloo, Iowa, dated November 7, 2016, for preliminary and final design for reconstruction of University Avenue from Midway Drive to U.S. 63 in Waterloo, Iowa; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on March 12, 2018, for construction -related services for the University Avenue Phase 1 Project from Greenhill Road to Evergreen Avenue; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 2 on December 17, 2018, for preliminary and final design of the enhancements for the University Avenue Reconstruction Project from Midway Drive to U.S. 63 in accordance with the concepts developed in 2017 by AECOM and City staff; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 3 on April 1, 2019, for construction -related services for the University Avenue Phase 2 Project from Midway Drive to Greenhill Road; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 4 on March 16, 2020, for construction -related services for the University Avenue Phase 3 Project from Evergreen Avenue to Highway 63 and the additional construction -related services for the University Avenue Phase 1 Project; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 5 on November 20, 2023, for platting, additional design for left -turn lane at development site, and additional construction -related services; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 6 for additional excess right-of-way platting and additional construction -related services. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: I. PROJECT DESCRIPTION The project consists of the creation of developable lots along University Avenue including the excess right-of-way at Fletcher Avenue west of the Black Hawk Creek levee. AECOM will assist the City of Waterloo with platting the property for future developments. The project also includes the associated construction -related services for additional change order work for the project completion including additional construction staking, design and construction inspection. Page 438 of 644 AECOM Page 2 II. SCOPE OF SERVICES The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide survey, platting, design, administration and construction -related services for the project defined above. The Scope of Services is further defined as follows: Excess Right -of -Way Platting Tasks 1-3. These tasks include preparation of a plat of survey to transfer property from the Park Commission to the City of Waterloo and development of Preliminary and Final Plats for the proposed development. Proposed site shall include laying out lots for development. Fletcher Avenue platting shall include determination of plat limits along the Black Hawk Creek Levee and University Avenue, Black Hawk Road, and Falls Avenue right-of-way development as well as the establishment of utility easements. Leland Avenue platting shall include determination of excess right-of-way along Highway 63 near Leland Avenue and Sunnyside Avenue. Existing utilities will be shown, and proposed utility extension routes and easements will be identified. Storm water management plans, building and parking lot layouts and landscaping plans will not be included with the plats. The Fletcher Avenue and Leland Avenue Platting are further defined by the following tasks: Task 1 — Topographical Survey. This will include as -built survey of final site grading and utilities, property pins, section corners and roadway right-of-way. Task 2 — Development of Base Map Task 3 — Plat of Surveys (2) • Leland Avenue Area (1 Plat) • SE Black Hawk Road from University Avenue to Falls Avenue (1 Plat) Project Administration and Meetings Tasks 4-8. These tasks include project administration, coordination and attendance at Planning and Zoning and City Council meetings throughout the project. These tasks also include coordination with USACE for levee limits and Iowa DOT for right-of-way coordination. The following identifies tasks leading to the completion of project administration, meetings and coordination throughout the duration of the project. Task 4 — Planning and Zoning Meetings (3) Task 5 — City Council Meetings (2) Task 6 — USACE Coordination Task 7 — Iowa DOT Coordination Task 8 — Project Administration Construction -Related Services Tasks 9. This task includes providing construction staking, field review, materials testing and contract administration during the construction phase of the University Avenue Project Phases 2 & 3 additional construction -related services required for change order work. This additional change order work includes, but not limited to, the lighting modifications, sign repair, underdeck lighting and landscaping modifications. The Scope of Services is further defined as follows: • Provide construction staking for horizontal and vertical controls for the project. Page 439 of 644 AECOM Page 3 • Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. • Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. • Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. • Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. • Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Assumptions The Client will provide current plat checklists and prepare Property Owner Notifications and mailing address list. Exclusions The following items are not included, but may be added by supplemental agreement if needed: • Storm Water Detention Design for Individual Lots • Building and Parking Lot Layout • Iowa DNR and USACE Permitting • Public Improvement and Utility Design Plans for Plat • Landscaping and Lighting Design Plans for Plats III. COMPENSATION Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be integrated with the fees in the original agreement and Supplemental Agreements No. 2 and No. 5. The total compensation for these services is an estimated fee of Fifty -Four Thousand Eight Hundred Dollars ($54,800.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated November 7, 2016. Page 440 of 644 AECOM Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 6 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By DSuglas W. Schindel, P.E. Vice President APPROVED FOR CITY OF WATERLOO Date August 30, 2024 By: Date Quentin Hart Mayor L:\Secure_DCS\Administration\AGREE\SUPPLE\SA6 Wat University Ave Platting Final Design.doc Page 441 of 644 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 September 3, 2024 AGENDA ITEM TITLE Resolution approving the Development and Minimum Assessment Agreement with Ryan Companies US, LLC, for the construction of a 225,113 square foot warehouse located at 3280 Newell Street, with a minimum assessed value of $14,625,000.00, and rebates at fifty percent for ten years, land development grant of $1,515,000.00 for earthwork, and a grant of $3,255,000.00 for the purchase of land, and authorizing Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Ryan Companies is planning to build a 225,113 square foot building in the Northeast Industrial Park. A total of approximately 70 acres will be acquired by Ryan Companies for $3,255,000 with Ryan Companies retaining approximately 24.2 acres and the City receiving the remaining approximately 45.8 acres for future development. The sellers wish to sell all 70 acres at once. This agreement includes a grant for the company to complete earthwork for their project, similar to the grant Control received from the City for their project in this area in 2020. The project will have a minimum assessed value of $14, 625,000.00 and receive 50% tax rebates for 10 years. Payment will be made to Ryan Companies who will be purchasing the property from the Frost Trust. After closing Ryan Companies will then deed the remaining 45.8 acres to the City of Waterloo for future development. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Northeast Industrial TIF Page 442 of 644 Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION The West 1/2 of the Northeast'/ and the East 1/2 of the Northwest % of Section 21, Township 89 North, Range 12 West, except the railroad right of way and except the East 200 feet of the West 1/2 of the Northeast'/4 of said Section lying North of the Chicago Great Western Railroad, excepting therefrom the following: That part of the West 1/2 of the Northeast % of said Section 21, and that part of the East 1/2 of the Northwest'/4 of said Section 21, lying Southeasterly of the right of way of the Chicago and Northwestern Transportation Company, originally the Chicago, St. Paul and Kansas City Railroad Company. ATTACHMENTS 1. Frost Property Aerial 2. Development Agreement - City Agreement - Waterloo, IA (ID 96527) Page 443 of 644 COtrialifithity Ejf • 4: 0 . e n St re e:, Sgt-i:GrAph,. (k74:4.7htc ! • y I es. Inc. r, • 0.$ --.e1)$us... 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 Ryan Companies US, Inc. (the "Company") and the City of Waterloo, Iowa, ("City"). RECITALS A. In furtherance of the objectives of Iowa Code Chapter 403 (the "Urban Renewal Act"), the City is engaged in carrying out urban renewal project activities in an area known as the Northeast Industrial Area Urban Renewal and Redevelopment Plan area ("Urban Renewal Area"). B. Company has been engaged to develop and construct improvements on certain property located within the Urban Renewal Area, as more particularly 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 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. Improvements by Company. Company shall construct or cause to be constructed on the Property a commercial warehouse consisting of approximately 225,113 square feet, and related landscaping, storm water, paving, 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 2627627.v6 Page 445 of 644 comply with all applicable City ordinances. Parking shall meet City's current minimum requirements based on building use, occupancy, and future intended development on the Property. Company will use commercially reasonable 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 the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 2. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in substantial 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 materially less than the scope and scale of the Improvements as detailed and outlined in the Plans; provided, no minor modifications to the Plans are subject to further City review and approval except as required by City ordinance. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plan") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section, which approval shall not be unreasonably withheld, conditioned or delayed. City shall approve the modified Plans in writing if: (a) the Modified Plans substantially conform to the terms and conditions of this Agreement; (b) the Modified Plans substantially conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans substantially 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 and is then continuing beyond applicable notice and cure periods. Notwithstanding the foregoing, 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 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, it shall provide reasonable detail for such rejection and Company shall submit new or corrected Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection. 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 the City; provided, however, that in any event Company shall submit Modified Plans which are 2 2627627.v6 Page 446 of 644 approved by City prior to commencement of construction of the 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 purposes nor subject the City to any liability for the Improvements as constructed. 3. Timeliness of Construction; Possibility of Termination. 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 provide the incentives set forth in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Improvements within four (4) months after the date of this Agreement (the "Start Date") and shall use commercially reasonable efforts to cause Substantial Completion of construction within fourteen (14) months after the date of this Agreement (the "Completion Deadline"), which Completion Deadline may be extended by reason of Unavoidable Delay (as defined below), concealed conditions at the Property, unreasonable delay by the City, or further agreement of the parties. For purposes of this Agreement, "Substantially Completed" or "Substantial Completion" 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 which no permit was necessary has been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. Further, 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 of City (the "City Council"). B. Events triggering termination. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above or any allowed period of extension, subject to Unavoidable Delays and those delays contemplated above, then City may terminate this Agreement as set forth in Section 16, 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 (a) fire or other casualty, act of God, adverse weather, governmental act or failure to act (including, without limitation, any delay beyond normal, recent historical and or precedent local jurisdictional timelines or 3 2627627.v6 Page 447 of 644 Company's reasonable ability to secure the issuance of permits, approvals, variances or consents for the Project and such is not directly caused by Company or Company's failure to manage the application process, (b) labor dispute to the extent outside of Company's reasonable control, (c) unusual delays in delivery or availability of materials or fuel, or (d) any other circumstance that cannot be reasonably be predicted that is outside the reasonable control of the party whose performance is thereby delayed (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. Utilities. Company will be responsible, at its own cost, for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 5. 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 taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $14,625,000.00 (the "Minimum Actual Value"), through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 6. Tax Rebates. Provided that Company has performed the obligations contemplated by this Agreement and has executed and delivered the MAA, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Ten 50% rebate each year for any taxable value added by the Improvements (each such payment is a "Rebate"). 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 shall, within twelve (12) months after the due date of the last installment of the property taxes 4 2627627.v6 Page 448 of 644 for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise reasonably satisfactory to City. City shall provide an approved form of Rebate request to Company upon request. City shall consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event all Improvements on the Property are Substantially Completed prior to January 1, 2026 and the Property and Improvements are assessed as fully completed based on the Plans, as the same 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, 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. 7. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the City Council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the City Council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. 5 2627627.v6 Page 449 of 644 B. Notwithstanding the provisions of Section 6 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof (i) City fails to appropriate funds for payment; (ii) 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 6 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 (iii) 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 Rebate payments would otherwise have been paid to Company under the terms of Section 6 then either party may terminate this Agreement, without penalty or other liability to the other, by written notice. 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. 8. 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, and such failure continues for thirty (30) days after notice and demand for cure is received by the Company, 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 the 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 are alone 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 6 2627627.v6 Page 450 of 644 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 13 shall be true and correct as of the Rebate payment 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. 9. Purchase of Property Remainder. Company entered into that certain purchase agreement (the "PA") for the Property and the Property Remainder (described on Exhibit "B" attached hereto), wherein the Trustee of the Willard R. Frost Trust U/A dated 2/18/1998 (the "Frost Trust") is the seller. It is the intent of the parties that the City will acquire the Property Remainder from Company as follows: A. No later than October 1, 2024, Company will purchase, or caused to be purchased for the development of the Project, the Property directly from Frost Trust for a purchase price of $1,116,000.00. B. No later than October 1, 2024, Company will purchase the Property Remainder directly from Frost Trust for a purchase price of $2,139,000. Simultaneously with the Company's acquisition of the Property Remainder, the Company and City shall execute a contract for deed, pursuant to which the City shall agree to either (i) acquire the Property Remainder from the Company by bond financing within ninety (90) days after the full execution of this Agreement, but in no event later than December 31, 2024, or (ii) acquire the Property Remainder from the Company by tax increment financing within three (3) years after the full execution of this Agreement, which will require annual payments of $800,000. Such contract for deed shall be substantially in the form attached hereto as Exhibit D, and shall require the City pay interest on all outstanding amounts owing to the Company at an interest rate of nine percent per annum. The City will use commercially reasonable efforts to acquire the Property Remainder by bond financing, it being the agreed by the parties that the preferred course of action is to transfer fee title to the Property Remainder to the City on or before December 31, 2024. 10. City Incentives. In addition to the Rebates, City will provide the following incentives to aid the Project: A. Grant for Purchase Price. At closing of Company's purchase of the Property, but not sooner than October 1, 2024, City will make a grant to 7 2627627.v6 Page 451 of 644 Company in the amount of $1,116,000.00 as reimbursement of purchase price under the PA. B. Grant for Earthwork Cost. Within thirty (30) days after the completion of all earthwork at the Project, City will make a grant to Company in the amount of $1,515,000.00 to assist Company with its costs incurred for reasonable and necessary earthwork done in connection with the Project. C. Right of First Refusal in Favor of Company. For the period beginning on the date hereof and continuing for 60 months after the contract for deed contemplated in Section 9 above is fully paid and satisfied (the "ROFR Period"), Company shall have a right of first refusal to purchase the Property Remainder (the "ROFR") from the City. In the event the City receives an offer to purchase the Property Remainder during the ROFR Period, it shall present the details of such offer to the Company for consideration. Such details shall include, at a minimum, the purchase price, due diligence period, closing contingencies, and any other economic terms of the offer. Company shall have ten (10) business days after its receipt of the terms to determine whether to exercise the ROFR. If Company elects to purchase all or any portion of the Property Remainder in accordance with the ROFR, it shall timely notify the City of such election, and shall proceed to purchase the Property Remainder in accordance with the terms and conditions of the offer accepted by Company. If Company does not timely elect to purchase all or any portion of the Property Remainder, it shall be deemed to have waived its rights hereunder and the City shall be free to sell such portion of the Property Remainder in accordance with the offered terms. If the City does not actually sell the Property in strict accordance with the terms offered to Company as and when contemplated in the offer, the ROFR shall continue to apply to subsequent offers received for the Property Remainder through the balance of the ROFR Period. If the City sells a portion of the Property Remainder to a third party in compliance with the terms of this paragraph, the ROFR shall still remain as to the remaining unsold portion of the Property Remainder for the balance of the ROFR Period. 11. 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. 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 certificates of insurance evidencing 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 8 2627627.v6 Page 452 of 644 reasonably requested by City, but no more frequently than monthly, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until termination of the MAA, Company will reasonably cooperate with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. E. Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. Company will comply with all applicable land development laws, City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. G. During the period until termination of the MAA, Company 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 the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 9 2627627.v6 Page 453 of 644 12. 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. 13. 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 incorporation or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 10 2627627.v6 Page 454 of 644 F. The financing commitments, which Company will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Company to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 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. The indemnified parties shall not be liable for, and Company shall indemnify, defend and hold such parties harmless against, any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of 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 and 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) 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. 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; 11 2627627.v6 Page 455 of 644 B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company 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. 16. 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, including for the recovery of any sums paid by City to Company before the date of termination as set forth in this Agreement. 12 2627627.v6 Page 456 of 644 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, or may exercise any other remedies available to it at law or in equity. 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 Cumulative. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 17. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City Council. City hereby agrees to timely undertake and complete all such procedures, hearings and approvals so that the benefits that City promises to Company hereunder as an inducement for Company to undertake and complete the Project as set forth in this Agreement will not be lost or delayed. 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. In such an event, except as expressly set forth in this Section 17, this Agreement shall be deemed of no further force or effect and Company shall have no obligations hereunder or under the MAA to City. To the extent permitted by applicable law, City agrees to indemnify Company and hold it harmless from and against any claims, damages, costs, expenses or loss of value suffered by Company and arising from such revocation or repayment. 18. Materiality of Promises, Covenants, Representations, and Warranties of Company. 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. 13 2627627.v6 Page 457 of 644 19. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by email (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, email , Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at Ryan Companies US, Inc., Attention: David Wilson; Email: david.wilson@ryancompanies.com, 625 1st Street SE, Suite 175, Cedar Rapids, IA 52401, with copies to Ryan Companies US, Inc., Attention: Audra Williams; Email: Audra.williams@ryancompanies.com, 533 South Third Street, Suite 100, Minneapolis, MN 55415. 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) when transmitted by email so long as the sender obtains written electronic confirmation from the sending computer that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company, nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and 14 2627627.v6 Page 458 of 644 nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 27. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors and assigns, including, but not limited to, future owners of the Property. Without limitation of the foregoing, in the event the Company sells, transfers or otherwise conveys the Property (or Company's right to acquire the Property) to a third party (a "Successor Property Owner"), but Company (or any successor owner of the Remainder Property) retains ownership of the Remainder Property, then Company may partially assign this Agreement to such Successor Property Owner as to the Property only, and upon the assumption of such partial assignment of this Agreement as to the Property only, the respective rights, obligations and liabilities of Company and the City under this Agreement relating to the Property only shall continue in full force and effect as between the City and the Successor Property Owner. The Company shall provide the City with written notice of any conveyance of the Property and any assignment, or partial assignment, of this Agreement to a Successor Property Owner. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or 15 2627627.v6 Page 459 of 644 contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 30. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 16 2627627.v6 Page 460 of 644 CITY OF WATERLOO, IOWA RYAN COMPANIES US, INC. By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 17 Title: 2627627.v6 Page 461 of 644 EXHIBIT "A" Description of Property An approximately 24.2-acre portion, to be identified by survey, of the following property: The West % of the Northeast'/4 and the East'/2 of the Northwest % of Section 21, Township 89 North, Range 12 West, except the railroad right of way and except the East 200 feet of the West % of the Northeast' of said Section lying North of the Chicago Great Western Railroad, excepting therefrom the following: That part of the West'/2 of the Northeast'/4 of said Section 21, and that part of the East'/2 of the Northwest'/4 of said Section 21, lying Southeasterly of the right of way of the Chicago and Northwestern Transportation Company, originally the Chicago, St. Paul and Kansas City Railroad Company. 2627627.v6 Page 462 of 644 EXHIBIT "B" Description of Property Remainder All of the following -described property, except the approximately 24.2-acre portion described on Exhibit "A" that is to be purchased by Company: The West'/2 of the Northeast' and the East'/2 of the Northwest'/4 of Section 21, Township 89 North, Range 12 West, except the railroad right of way and except the East 200 feet of the West'/2 of the Northeast' of said Section lying North of the Chicago Great Western Railroad, excepting therefrom the following: That part of the West % of the Northeast'/4 of said Section 21, and that part of the East'/z of the Northwest' of said Section 21, lying Southeasterly of the right of way of the Chicago and Northwestern Transportation Company, originally the Chicago, St. Paul and Kansas City Railroad Company. 2627627.v6 Page 463 of 644 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2024, by and among the CITY OF WATERLOO, IOWA ("City"), RYAN COMPANIES US, INC. ("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 that certain 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 Northeast Industrial Area Urban Renewal and Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property, as provided in the Development Agreement (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 the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $14,625,000.00 (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 Completion Deadline stated in the Development Agreement. If the Minimum Improvements are not substantially completed by said date, 2627627.v6 Page 464 of 644 then the parties agree 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, 2040. 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 2 2627627.v6 Page 465 of 644 (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 2627627.v6 Page 466 of 644 CITY OF WATERLOO, IOWA RYAN COMPANIES US, INC. By: By: Quentin Hart, Mayor Title: 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 2627627.v6 Page 467 of 644 STATE OF ) ) ss. COUNTY OF ) Subscribed and sworn to before me on , 2024, by as of RYAN COMPANIES US, INC., a Minnesota corporation, on behalf of the corporation. Notary Public 5 2627627.v6 Page 468 of 644 6 2627627.v6 Page 469 of 644 EXHIBIT D Form of Contract for Deed 7 2627627.v6 Page 470 of 644 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 Fourteen Million Six Hundred Twenty -Five Thousand and 00/100 Dollars ($14,625,000.00) 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 ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public 2627627.v6 Page 471 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving an Encroachment Agreement with Gary Wiggins to allow for a retaining wall in the city right-of-way located in the "R-2" One and Two Family Residence District located at 1002 Mobile Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting an Encroachment Agreement to replace an existing retaining wall with a new one. The proposed retaining wall will be located next to the sidewalk in the right of way along Mobile Street. The proposed wall will encroach less than 1 foot into the right-of-way. The Planning, Programming and Zoning Commission unanimously recommended approval of the request at their regular meeting on August 13, 2024. NEIGHBORHOOD IMPACT The request for an Encroachment Agreement would not appear to have a negative impact on the surrounding neighborhood. The request for an Encroachment Agreement would not appear to have a negative impact on vehicular or pedestrian traffic in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 472 of 644 LEGAL DESCRIPTION The South 50 feet of Lots 8 and 9 in Block 3 in "Lusch Addition" to the City of Waterloo, Iowa; and The South 50 feet of Lot 12, in Block 13, in "Rose Hill First Addition" to the City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1 Council Packet 2. Exhibit 3. Signed Encroachment Agreement Page 473 of 644 REQUEST: Request by Gary Wiggins for an Encroachment Agreement to allow for a retaining wall in city owned right-of-way located in the "R-2" One and Two Family Residence District located at 1002 Mobile Street. APPLICANT(S): Gary Wiggins, 1002 Mobile Street, Waterloo, IA 50703 GENERAL The applicant is requesting an Encroachment Agreement to DESCRIPTION: install a new retaining wall within the right of way along Mobile Street. IMPACT ON The request for an Encroachment Agreement would not NEIGHBORHOOD & appear to have a negative impact on the surrounding SURROUNDING neighborhood. LAND USE: VEHICULAR & The request for an Encroachment Agreement would not PEDESTRIAN appear to have a negative impact on vehicular or pedestrian TRAFFIC traffic in the area. CONDITIONS: The site is located along the easterly side of Mobile Street approximately 250 feet north of Shilliam Avenue. Mobile Street is considered a collector street and Shilliam Avenue is considered a local street. There is a sidewalk along Mobile Street and Shilliam Avenue. RELATIONSHIP TO The Martin Luther King Jr. Drive Trail is located'/4 mile south RECREATIONAL of the property. TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY The site is zoned "R-2" One- and Two -Family Residence FOR SITE AND District and has been zoned as such since it was rezoned IMMEDIATE VICINITY: from "R-3" Multiple Residence District on February 22, 1982. The surrounding land uses and their zoning are as follows: North and South — Single family homes and churches, zoned "R-2" One- and Two -Family Residence District West - Single family homes, zoned "R-2" One- and Two - Family Residence District East — Vacant land, zoned "R-3" Multiple Residence District BUFFERS The request does not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: DEVELOPMENT HISTORY: The proposed encroachment area would not appear to have a negative impact on drainage. The area is composed of churches constructed between 1914 and 1959 and single-family homes constructed between 1911 and 2006. 9 Page 474 of 644 Picture 1: Location of retaining wall. Picture 2: Home with retaining wall in front. 10 Page 475 of 644 Picture 3: Retaining wall next to sidewalk along Mobile Street. FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND -USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: The encroachment area is not located within a special flood hazard area according to the 2024 Flood Insurance Administration's Flood Insurance Rate Map. Cunningham School of Excellence is located approximately 0.21 miles to the northeast of the encroachment area. Fergurson Fields Park is located approximately 0.20 miles to the northeast. There are overhead utilities located along the north and south property lines. An 8" sanitary sewer line is located within Mobile Street. The Future Land Use Map designates this area as Low Density Residential. The request is in conformance with the Future Land Use Map for this area. The encroachment area is located within the Primary Growth Area as identified in the City's Comprehensive Plan adopted August 21, 2023. The applicant is requesting an Encroachment Agreement to replace an existing retaining wall with a new one. The proposed retaining wall will be located next to the sidewalk in the right of way along Mobile Street. The proposed wall will encroach less than 1 foot into the right-of-way. 11 Page 476 of 644 TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: There were no comments from the Technical Review Committee on this request. The applicant is not proposing to subdivide the property. Therefore, staff recommends that the request by Gary Wiggins for an Encroachment Agreement to allow for a retaining wall in city owned right-of-way located in the "R-2" One- and Two - Family Residence District located at 1002 Mobile 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 on vehicular or pedestrian traffic in the area. 3. The proposed structure will be replacing a previous retaining wall that there were no known issues with. Subject to the following conditions: 1. A fully signed and executed encroachment agreement. 12 Page 477 of 644 City of Waterloo Planning, Programming and Zoning Commission August 13, 2024 INDEPENDENCE AVE 1 1003 Mobile Street Encroachment Agreement Gary Wiggins 13 rt...,... A70 ..i!`AA City of Waterloo Planning, Programming and Zoning Commission August 13, 2024 Location of Encroachment Agreement 1002 Mobile Street Encroachment Agreement Gary Wiggins 1 4 - - A,n -.Cr•A 4 2 �a a (ƒ � \ m Ud $ k§§k \ %| q0t| §§! n - � d Page 480 of 644 \iiis,[41 al 3o-qv-nos 310-1-3737 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way 2g.,... Request to Vacate Easement, Vacate Sidewalk, ofEncroachment Agreement ❑ Sale of City -Owned Property Applicant: G wry( �� Sh s, Address: i 0 1- m O� j 6251 { Phone No.: 3/ Email: L9kJ IA s 100 RfV W Y•.. General Description of Property to Vacated (Le.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A'non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation -- One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment--- One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and pure . se City right-of-way must be accompanied by a signed "Intent to Vacate" fortn for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. 6 ). App 1cant ' ! Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 16 Page 481 of 644 LExIhu1t A 0 r m 1' 26' 27' L\ • 8'\•x� 1002 Mobile Ave Q House I_ _ 1 Retaining Wall - Encroachment Area Property Lines Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community O � Page 482 of 644 m Prepared by: Lexi Schneider, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between Mossy Rock LLC, hereinafter Owners, and the City of Waterloo, Iowa, hereinafter "City" this / 6 day of ;-uJ- 2024. WHEREAS, Owners are the owners of real estate commonly known as 1002 Mobile Avenue, Waterloo, Iowa 50703 and legally described as: The South 50 feet of Lots 8 and 9 in Block 3 in "Lusch Addition to the City of Waterloo, Iowa; and the South 50 feet of Lot 12, in Block 13, in "Rose Hill First Addition" to the City of Waterloo, Black Hawk County, Iowa, hereinafter "Owners Property"; and WHEREAS, Owners are proposing to allow for the placement of a retaining wall, hereafter "Encroachment" that will encroach into City right-of-way; and WHEREAS, for the benefit of Owners Property, the Owners are requesting to allow said Encroachment within a portion of said City right-of-way along Mobile Avenue as shown on the attached Exhibit "A"; and WHEREAS, the City is willing to allow said Encroachment into said City right-of-way as shown on attached Exhibit "A" (hereinafter the "Encroachment Area"), subject to the following agreement regarding each party's rights. THEREFORE IT IS HEARBY AGREED by and between the parties as follows: Owners hereby recognizes and reaffirms, said City right-of-way, and claim no rights or privileges therein except to the limited extent provided for in this agreement. The City grants Owners the right to place and maintain said Encroachment in said right-of-way, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said right-of-way, expressly recognizing and acknowledging that any damage that occurs to said Encroachment will be the sole risk and expense of the Owners including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs the Encroachment to be temporarily moved for access to said right-of-way, Owners shall move said improvements in the Encroachment Area if present and able, otherwise the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to move said Encroachment and assess any costs for moving against Owners or against Owners Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by Owners, and said Encroachment continues to exist, and that this agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the Owners Property and runs with the land. It is further understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to permanently remove to Owners, and that Owners agree to remove said Encroachment prior to the end of the 60 days notice and termination of this agreement. If Owners fail to remove said Encroachment Page 483 of 644 upon termination of this agreement, Owners authorize the City of Waterloo to remove said Encroachment and assess costs to Owners, or against Owners Property. 4_ Owners shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and its officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License Agreement from any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) arising out of the use, maintenance, or removal of said Encroachment. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to the subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon parties and their respective transferees, successors, heirs, and assigns. Time is of the essence in observing the terms of this agreement. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized officers as of the date first set forth above. Mossy -Kock LLC By: (xtri (,L.5g`i.s;Its: STATE OF IOWA OWNERS) SS. This instrument was acknowledged before me on this (6o day of {u5 2024, by Caa, w k (\sas O w , respectively, of Mossy Rock LC. oom City of Waterloo: By: Quentin Hart Its: Mayor Attest: Kelly Felchle, City Clerk 4.°144 LP ittit EMILY SELIGA Commission Number 849716 My Commission Expires Jury 27, 2026 STATE OF IOWA COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this day of , 2024, by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. Notary Public Page 484 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving an Encroachment Agreement with Goodwill Industries, Inc., to allow for a stairway and a sitting area in the right-of-way of Maxwell Street, replacing a previous encroachment in the "C-2" Commercial District located at 2800 Falls Avenue, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting an encroachment agreement to replace a ramp and stairway with a canopy in the right of way along Maxwell Street with stairs and a sitting area. The ramp and stairway have been demolished. It was approximately 30' x 6'. The new stairs and sitting area are proposed to be approximately 19' x 6' and will not be covered by a canopy. An Indemnity Agreement was completed when the original stairs and ramp were installed in 1989. The Indemnity Agreement predated Encroachment Agreements. The proposed Encroachment Agreement will supersede the Indemnity Agreement. The Building Department has no concerns about losing this entrance as an ADA access point because it is not a public entrance and therefore, is not required to meet ADA accessibility. The Planning, Programming, and Zoning Commission unanimously voted to approve the request at their regular meeting on August 13, 2024. NEIGHBORHOOD IMPACT The request for an Encroachment Agreement would not appear to have a negative impact on the surrounding neighborhood. The request for an Encroachment Agreement would not appear to have a negative impact on vehicular or pedestrian traffic in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 485 of 644 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lots Nos. Eighteen (18) and Nineteen (19) in Block No. Five(5) in "Kreb's Addition", in Black Hawk County, Iowa. ATTACHMENTS 1. Council Packet 2. Signed Encroachment Agreement 3. 2024 0820 - 2800FaIIsAve - ROW Encroachment Page 486 of 644 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: Request by Goodwill Industries of Northeast Iowa for an Encroachment Agreement to allow for a stairway and a sitting area in the right-of-way of Maxwell Street replacing a previous encroachment in the "C-2" Commercial District located at 2800 Falls Avenue. Goodwill Industries of Northeast Iowa, 2800 Falls Avenue, Waterloo, IA 50701 The applicant is requesting an encroachment agreement to install new stairs and a sitting area within the right-of-way of Maxwell Street. IMPACT ON The request for an Encroachment Agreement would not NEIGHBORHOOD & appear to have a negative impact on the surrounding SURROUNDING neighborhood. LAND USE: VEHICULAR & The request for an Encroachment Agreement would not PEDESTRIAN appear to have a negative impact on vehicular or pedestrian TRAFFIC traffic in the area. CONDITIONS: The site is located at the northwest corner of Maxwell Street and Falls Avenue. Maxwell Street is considered a local street and Falls Avenue is considered a collector street. There is a sidewalk along Falls Avenue and no sidewalk along Maxwell Street. RELATIONSHIP TO The University Avenue Trail is located approximately 3 blocks RECREATIONAL west of the site. TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY The site is zoned "C-2" Commercial District and has been FOR SITE AND zoned as such since the adoption of the Zoning Ordinance in IMMEDIATE VICINITY: 1969. The surrounding land uses and their zoning are as follows: North — Single family homes, zoned "R-2" One and Two Family Residence District East, West, and South — Commercial businesses, zoned "C- 2" Commercial District. BUFFERS The request does not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: DEVELOPMENT HISTORY: The proposed encroachment area would not appear to have a negative impact on drainage. The area is composed of commercial businesses constructed between 1937 and 1979 and single-family homes constructed between 1946 and 1955. 17 Page 487 of 644 Picture 1: Looking north toward the encroachment area. Picture 2: Looking from front of building toward encroachment area. 18 Page 488 of 644 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: The encroachment area is not located within a special flood hazard area according to the 2024 Flood Insurance Administration's Flood Insurance Rate Map. Fred Becker Elementary is located approximately 0.44 miles to the southwest and Central Middle School is located approximately one mile to the southwest of the encroachment area Galloway Park is located approximately 0.22 miles to the northeast. UTILITIES: WATER, There are overhead utilities located along the north, east, and SANITARY SEWER, west property lines. An 8" sanitary sewer line is located within STORM SEWER, ETC. Falls Avenue and a 12" sanitary sewer line is located within Maxwell Street. A 4" drain tile is located within Maxwell Street. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Commercial: Medium to High Density Residential; LAND -USE PLAN: Professional Offices; Neighborhood Commercial. The request is in conformance with the Future Land Use Map for this area. The encroachment area is located within the Primary Growth Area as identified in the City's Comprehensive Plan adopted August 21, 2023. STAFF ANALYSIS — The applicant is requesting an encroachment agreement to ZONING replace a ramp and stairway with a canopy in the right of way ORDINANCE: along Maxwell Street with stairs and a sitting area. The ramp and stairway have been demolished. It was approximately 30' x 6'. The new stairs and sitting area are proposed to be approximately 19' x 6' and will not be covered by a canopy. An Indemnity Agreement was completed when the original stairs and ramp were installed in 1989. The Indemnity Agreement predated Encroachment Agreements. The proposed Encroachment Agreement will supersede the Indemnity Agreement. The Building Department has no concerns about losing this entrance as an ADA access point because it is not a public entrance and therefore, is not required to meet ADA accessibility. TECHNICAL REVIEW Knutson clarified he has no concerns with the request as long COMMITTEE: as the applicant is removing the existing private sidewalk along the easterly property line. STAFF ANALYSIS — SUBDIVISION ORDINANCE: The applicant is not proposing to subdivide the property. 19 Page 489 of 644 STAFF RECOMMENDATION: Therefore, staff recommends that the request by Goodwill Industries, Inc. for an Encroachment Agreement to allow for a stairway and a sitting area in the right-of-way of Maxwell Street replacing a previous encroachment in the "C-2" Commercial District located at 2800 Falls Avenue, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The proposed structure will be approximately 66 square feet less than the existing structure and will not encroach any closer to Maxwell Street. Subject to the following conditions: 1. A fully signed and executed encroachment agreement. 20 Page 490 of 644 City of Waterloo Planning, Programming and Zoning Commission August 13, 2024 MAYNARD AVE 'R=2,C-Z J.,R 4 C Z • • • • • • • • • • • • CC 0 J 0 ST. ANDREW'S AV 0 w ii —_ MM 1E1 II 1 WESTLAND AVE PIs R-3 F CtZ R-4,R-P rro 1- 0 0 c CC Q W 0 R2 MIM MIM MEN MEM MIM MEN 0 ■■■M■unui H M-1 Si3QROUGH AVE \ v ,1°1111111411111144".• C-P 111' UPTONAVE■ BAUCH ST.. • MEIN II CC C-1,c-z 0 W L ■ 210.VCIV2lIW a_J tic 030V2i1 LV�X R-3 ` 2, SAGE ELM C=2 11N1 1 C �II� r *� r .� nil ow, ft C=1;0-ZC-1 111111 1111111 111l11h. ■I1111111�. R=_2 ELM H R'2,C-Z R-1 RUSH ST Cr W� MN ' R2-2; C-Z _C`2CZ 11111 "' i 1J I GARDEN AVE 1 -2 R-3,C-Z R A=1 ROBIN RD R3 11 11! CJ 0 ORIOLE AVE 111 I114 R-1, R-P RIM M-2 N R�4�R R'-3H H 1+ 1 LUNAR LN i1 7 R-3,C=Z/ C,12 C-2,C-Z A-1 63 280o Falls Avenue Enroachment Agreement Goodwill Industries, Inc 21 Pnnr 4r11 pf F44) City of Waterloo Planning, Programming and Zoning Commission August 13, 2024 Area of Encroachment Agreement 2800 Falls Avenue Goodwill Industries 280o Falls Avenue Encroachment Agreement Goodwill Industries, Inc 22 I�pgc 4�^ 17 of G4 ENCROACHMENT EXHIBIT STRUCTURE IN RIGHT-OF-WAY ENCROACHMENT DESCRIPTION: BEGINNING AT THE NORTHEAST CORNER OF LOT 19, BLOCK 5, OF KREB'S ADDITION; THENCE 52.00 FEET SOUTH ALONG THE EAST RIGHT OF WAY UNE OF MAXWELL STREET ; THENCE 6.00 FEET EAST ON A LINE PERPENDICULAR TO SAID EAST RIGHT OF WAY LINE OF MAXWELL STREET; THENCE 52.00 FEET NORTH ON A LINE PARALLEL TO SAID EAST RIGHT OF WAY UNE OF MAXWELL STREET; THENCE 6.00 FEET WEST TO THE POINT OF BEGINNING. POINT OF BEGINNING NORTHEAST CORNER OF LOT 19, BLOCK 5, OF KREB'S ADDITION DECK AND CANOPY TO BE REPLACED WITH WITH PATIO AND STEPS PROPOSED ENCROACHMENT EASEMENT FALLS AVENUE 0' MAXWELL STREET 15' 30' 23 Page 493 of 644 4-2'-10 1/8" CONC. STAIR, (4) TREADS TO BE 11" MIN., (5) RISERS TO BE 7" MAX. EXIST. 1-HR FIRE -RATED WALL 12" 0 SONOTUBE, TYP. I.T. ROOM/ SERVER 124 LANDING / NEW DOOR IN EXIST. OPENING (124 2 1/2" (V N W N c0 21'-55/8" STORAGE 125 125 -2 1/2" 10' - 7 7/8" 10'-93/4" (V 5' - 4 7/8" M rn DN (123B DEMO EXIST. WOOD STAIR, PROVIDE NEW BAR & GRATE STAIR h -2'-6„ INFILL EXIST. OPENING AS REQ'D NEW DOOR IN EXIST. OPENING 12" 0 SONOTUBE, TYP. (122 STORAGE 122 10' - 11 5/8" 10'-97/8" ENLARGED STAIR PLAN (NORTH) SCALE: 1/4" = 1'-0" G.C. TO DEMO EXIST. MEZZANINE STRUCT. & STAIR AS REQ'D. EXIST. MECH./ STORAGE 123 10' - 7 3/4" 6 5/8" 10'-73/4" 6 +34" I COUNTER 17' - 5" 123A EXIST. ELEC. EQUIPMENT, PROTECT 1" OFFICE 126 EQ. 4' - 6" EQ. W5 \ -2 1/2" 10'-77/8" rn 1" CLEAR 1 • 5' - 4 7/8" OFFICE 127 SEMI -RECESSED FIRE EXTINGUISHER +42" KNEE WALL W/ SOLID SURFACE CAP, TYP 19'-5'� 127 EQ. 10' - 9 3/4" 42" (128A M.H.O. I 101E 5' - 0n CLEAR 0 5'-47/8" (V 6'-1' /CLEAR h„, 2 1/2" 1" OPEN OFFI 1' 2 1/2" 128 f 1 CLEAR 6'-47/8" Jj OFFICE 121 4' 6" EQ 114 10' - 11 5/8" MAIL ROOM 120 O 36" M.H.O. ug (12.0rd 120) -- T 10'-97/8" I EQ. OFFICE 11'-53/4" EQ. EQ. Jr OFFICE 115 - 3 7/8" 5'-5" MEN'S 119 O n WOMEN'S 118 5'-5" 119 6' 5'-81/8" 111B o 10'-61/8" HALLWAY 101 W4 (118) A_ BREAKROOM 117 NEW DOOR IN EXIST. OPENING MECH. 116 w 0 CC U- LL 118 O W4 BOARD ROOM 111 _15'-1 8" SOFFIT ABOVE W4 EQ ▪ n jrEQjr(110 OFFICE 11'-37/8" 17'-5" 8' - 6'{ 2 1 /26- QUIET ROOM 109 YABOVE SOFFIT (1o9) (108) 8' - 0 5/8" ei QUIET IEtOOM 108 2'-0" 10'-63/4" CLEAR oZ DN i 1 60" 0 (101A) +0'-0" rn ug (o` 1 1/2" HANDRAIL @ +36" A.F.F. EA. SIDE, TYP. PROVIDE GUARDRAIL @ +42" A.F.F. ALTERNATE #1 NEW WINDOW OPENING TO MATCH ADJACENT WINDOWS ENLARGED STAIR PLAN (EAST) SCALE: 1/4" = 1-0" EXIST. 1-HR FIRE -RATED / WALL EXIST. WINDOW, PROTECT EXIST. O.H. DOOR TO REMAIN, PROTECT - ELEC. PANEL 2 1/2" NEW MOP SINK, PROVIDE 1" +48" FRP ON ADJACENT 1-HR FIRE WALL SURFACES RATED WALL UL UXXX +o' - 0" (101A N co II h-2'-101/8" (4- E > I +42" KNEE WALL W/ SOLID SURFACE CAP, TYP. CLEA 2 1/2" 19' - 5" r- r- 16' - 2 7/8" CLEAR CLEAR M 0 6'-47/g 0 U 3' - 2 1 /4"i (128B) 42" M.H.O. OFFICE 113 11'-53/4" EQ. OFFICE 112 11'-37/8" EQ. Q. , 4' - 6" EQ 6' - 1 7/8" 130 N -2 1/2" O 16' - 2 7/8" a CONF. w 129 W6 QUIET ROOM 130 LO 6'-0"°' MECH.; 131 (V N u u " ALIGN WALLS - IL[ 5 6�k NEW ALUM. WINDOW FRAMING IN EXIST. OPNG. PROVIDE SOLID SURFACE SILL r• FUR OUT COLUMN AS REQ'D VESTIBULE 100 15'-33/8" (100A 1-HR FIRE RATED WALL UL UXXX EQ. rn 0 " 15'-103/8" E rr(111A v W HALLWAY o EQ. EQ. OFFICE 102 ri 10'-3' N N 101 102 NEW ALUM. WINDOW FRAMING IN EXIST. OPNG. NEW ALUM. ENTRANCE FRAMING IN EXIST. OPNG. NEW ALUM. WINDOW r EQ. CEO OFFICE N 106 v (107 STOR. 1107 SEMI -RECESSED FIRE EXTINGUISHER 21' - 4 1/2' 4' - 5 3/8' EQ. CC SOFFIT ABOVE U W4 W4 (0 8'-61/2" VERIFY 3 15'-87/8" 103 106 0 2 1/2 1" 105 M cc 1-HR FIRE .4- • RATED WAL. ✓ UL UXXX EQ. 4' - 6" EQ )T 6'-4' OPEN OFFICE 103 +42" KNEE WALL W/ - o0 SOLID SURFACE 28' - 4 7/8" c'' CAP, TYP. NEW ALUM. WINDOW FRAMING IN EXIST. OPNG. PROVIDE SOLID SURFACE SILL 0 N N 2 Bo fV N (104) CONF. ROOM 104 0 10'-11ryry" TV (V (V W4 3 1/2" (G.C. VERIFY) NEW ALUM. WINDOW FRAMING IN EXIST. - -I MECH. 105 W1 DEMO EXIST. WOOD RAMP & STAIR, PROVIDE NEW CONC. STAIR NEW ALUM. ENTRANCE FRAMING IN EXIST. OPNG.. ALTERNATE #1 NEW WINDOW OPENING TO MATCH ADJACENT WINDOWS EXIST. OPENING, MODIFY AS REQ'D. FOR NEW ALUM. WINDOW FRAMING G.C. DEMO SIDEWALK EXIST. EXIST. OPENING, MODIFY AS REQ'D. FOR NEW ALUM. WINDOW FRAMING 1-HR FIRE RATED WALL UL UXXX -1' - 0" (G.C. VERIFY) OPNG. PROVIDE SOLID SURFACE SILL EXIST. OPENING, MODIFY AS REQ'D. FOR NEW ALUM. WINDOW FRAMING GENERAL NOTES 1. G.C. TO VERIFY EXIST. OPENINGS THAT RECEIVE NEW WINDOWS, DOORS & FRAMING. 2. ALL CEILING MOUNTED GWB TO BE MOUNTED W/ SCREWS. 3. (2) DRAFTSTOPS SHALL BE PROVIDED SO ROOF AREA DOES NOT EXCEED 3,000 SQUARE FEET. PROVIDE 1/2" GWB ON ONE SIDE & SELF CLOSING DOOR (MIN. 30" WIDE BY 36" TALL) WITH AUTO LATCH AT EACH DRAFT STOP LOCATION, TO ALLOW FOR TRAVEL ACROSS ATTIC AREAS. LOCATION TO BE CONFIRMED W/ EXIST. TRUSS LAYOUT. WALL & DOOR LEGEND EXISTING WALL, NO CHANGE EXISTING DOOR, NO CHANGE j---= NEW DOOR NEW WALL 1 DEMO WALL/DOOR REVISION 1: JULY 23, 2024 ARCI-IIT[CTUR[ 3228 Cedar Heights Dr. Cedar Falls, IA 50613 319.277.5636 leviarch itecture.Com © Copyright 2024 Drawings & specifications, ideas, designs, & arrangements represented are & shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. Date: July 23, 2024 - co MAIN fLOOR PLAN SCALE: 1/8" = 1'-0" FRAMING IN EXIST. OPNG. EXIST. STEP IN SIDEWALK SHEET SET: REVISION 25T Page 494 Orgr4 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way 13, Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant: Goodwill Industries of NE Iowa Address: 2800 Falls Avenue Phone No.: 319.235.0534 x233 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): East side of Maxwell Street, directly north of Falls Avenue. Legal description of area to be conveyed, vacated, or encroached: Beginning at the northeast corner of Lot 19, Block 5, of Kreb's Addition; Thence 52.00 feet south along the east right of way line of Maxwell Street ; Thence 6.00 feet east on a line perpendicular to said east right of way line of Maxwell Street; Thence 52.00 feet north on a line parallel to said east right of way line of Maxwell Street; Thence 6.00 feet west to the Point of Beginning. 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee OEncroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offcr Pricc*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. *: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional constru as the reason for the request. LA - See Attached Applicant ( wn Date Zweibohmer) *Not required for easement vacates sidewalk vacates or Encroachment Agreements 26 Page 495 of 644 Prepared by: Lexi Schneider, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROAC Q) U y chi 6 U o r� , bA (1.) �A4 0 � � 0. .V o a .dad CO +-, o o1-4 V � �� 0 �, o 0 CO ,-.0 W ati 0d - o ~d o vi �,.bp O c� a) a] O 8 U 4� ' O � a a � 4-, 0 0 }, � � °• qd zU ' U a cn i 0 x ° o i o ON o74 w O R 0 Z 0 0.9 U 40 0 0 •� O o OQ� O c0 0Z ° � ::o - W W O 0 0 y N •0 i w O Y 6j .; 7 . •Z - cd 43 ^O 0 O 0 Pi 0 Li ' O 'C1 4 i cad a) g g U cO '1 U o a) u 0 '� U 0 0 p o +-3� 0 oa' 0 id S" (>'j 0 cv O� 43 rn U N �A : 4-1 c co $� W 0, �' 0 0 cn p 0U c 49 0 13 0A ai ` bA '0 b 0 0 0 A O ° — 0 °� a) o) o +; o O *, --0 ' sU. 0 cur--: y0 g s) o 0 ' °� v bA Q v •>1 0 0O p• r ,b 'p,,, ' F 0 l' 0 cd 0 , 0 �, v, ai 0 ,� o U a 0 o sue, `� o. 0 ' z` O 03 8•' -P V. P, 0 0 0' fi o a o o 0 a0i . u) 0 0 0 -� 0U i ai o v8�A°° C �," p Q bni=s° a' a� o 0 O V P. --0 g cd I cd sUH. c� 0 U0o 0 O �, Q to o +' `i' . �.." 0 W•ccS W 0 W 0 0 W 0 aA o o 0cl O o 0 a) rd C. a�i 'd OA. q 0 0 0 . �A 0 c ai ai a0i o ` rn o m °) ai W c0i �, p v, U 4] 6-. U a.' a) U bA ' �' d 0 cF. 0 0 i..., . „-., („3 a cd ET Q3b.04) 6.9 4 rtiT;1 49 oR w •'y am' (11, g >, O 0 bA 0 ''O k cd c � ° rn O. a) v 0 .., U to g 0 O 2. m 0 0 0 Eo 0 0 °� °�' o a 0 to u, i 8 ;d K g o 0 O 0 0 d o f O O o H'i,._ o o a ." oA O H� c 0� ✓O 0,0 Page 496 of 644 g "t3g gib U En 4 o ( O 0 U to ics a) 0 0 a) a)• tea) O a) bA O -61 ori O 5 5 o 0 `) a) a) 0 rn a) 0 cl 0 a) 0 44 City of Waterloo: Kelly Felchle, City Clerk STATE OF IOWA O O N v' C7 .4) • 0 •, 'd O 4. Cv O o o +� a) 0) E 0` a) a) a) 0 -01 ��y ,go cd Ch Cd 4 a, .5 Page 497 of 644 Exhibit A ENCROACHMENT EXHIBIT STRUCTURE IN RIGHT-OF-WAY ENCROACHMENT DESCRIPTION: COMMENCING AT THE NORTHEAST CORNER OF LOT 19, BLOCK 5, OF KREB'S ADDITION; THENCE 29.00 FEET SOUTH ALONG THE WEST RIGHT OF WAY LINE OF MAXWELL STREET TO THE POINT OF BEGINNING; THENCE 22.00 FEET SOUTH ALONG SAID WEST RIGHT OF WAY LINE OF MAXWELL STREET; THENCE 6.00 FEET EAST ON A LINE PERPENDICULAR TO SAID WEST RIGHT OF WAY LINE OF MAXWELL STREET; THENCE 22.00 FEET NORTH ON A LINE PARALLEL TO SAID WEST RIGHT OF WAY LINE OF MAXWELL STREET; THENCE 6.00 FEET WEST TO THE POINT OF BEGINNING. von" NORTHEAST CORNER OF LOT 19, BLOCK 5, OF KREB'S ADDITION POINT OF BEGINNING DECK AND CANOPY TO BE REPLACED WITH WITH PATIO AND STEPS PROPOSED ENCROACHMENT EASEMENT FALLS AVENUE EXISTING BUILDING EXISTING CURB LINE JJ 0' 15' 30' MAXWELL STREET Page 498 of 644 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving a request by Robson Homes Inc., for the Preliminary Plat of Prairie Meadow Estates First Addition, a 5-lot residential subdivision in the "R-3" Multiple Residence District located east of Omaha Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The development is proposing 23 duplexes and one tri-plex for a total of 49 units. The Prairie Meadow Estates First Addition will be located to the east of Prairie Meadow Estates Addition. Prairie Meadow Estates Addition Final Plat was approved by City Council on April 6, 2015 and homes have been constructed since then.The parcel is 435,600 square feet (10 acres). Including right-of-way there will be approximately 8,889 square feet of area per unit. This exceeds the minimum requirement of 3,600 square feet for two-family dwellings, and 2,500 square feet for multi -family dwellings in the "R-3" Multiple Residence District. The duplexes will be able to meet the minimum lot width requirement of 70' and the minimum setback requirements if they are split into separate lots someday. The smaller duplex will be 50' wide and be located 10' from another duplex building and there is a 15' side setback shown. The larger duplex will be 76' wide and will be 10' from other duplexes. The duplexes and 3-plex will stay in character and size with the existing residential properties in the area. The front yard setback for the 3-plex was granted a variance to allow for a 25' front yard setback from the Board of Adjustment on July 23, 2024. The Planning, Programming, and Zoning Commission unanimously recommended approval of the request at their regular meeting on July 9, 2024. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood or land use as the surrounding area is primarily twin homes and single-family homes with some 4-plexes. The site is located to the east of Omaha Avenue, which is designated as a local street. There is a sidewalk along both sides of Grindstone Circle and Mourning Dove Drive. A sidewalk is proposed along both sides of the proposed street, Mystic Drive. It would appear that the preliminary plat request would not have a negative impact upon vehicular and pedestrian traffic in the area. Sidewalks are proposed along all street frontages in the preliminary plat. Page 499 of 644 DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel "C" of Plat of Survey Document No. 2016-03795 of part of the Northwest Quarter of the Northeast Quarter of Section 11, Township 88 North, Range 13 West of the 5th P.M. Black Hawk County, Iowa. ATTACHMENTS 1. Council Packet 2. Engineering Letter Page 500 of 644 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING July 9, 2024 Request by Robson Homes Inc. for the Preliminary Plat of Phase 3 Prairie Meadow Estates Addition, a 5-lot residential subdivision in the "R-3" Multiple Residence District located east of Omaha Avenue. Robson Homes Inc., 5901 Williams Blvd SW, Cedar Rapids, Iowa 52404 The applicant is requesting to plat the property in question for the purpose of creating a 5-lot residential subdivision for duplexes and one 3-plex, located east of Omaha Avenue. The request would not appear to have a negative impact on the surrounding neighborhood or land use as the surrounding area is primarily twin homes and single-family homes with some 4-plexes. The site is located to the east of Omaha Avenue, which is designated as a local street. There is a sidewalk along both sides of Grindstone Circle and Mourning Dove Drive. A sidewalk is proposed along both sides of the proposed street, which is currently shown as Street A. It would appear that the preliminary plat request would not have a negative impact upon vehicular and pedestrian traffic in the area. Sidewalks are proposed along all street frontages in the preliminary plat. There are no trails in the nearby vicinity of the site in question. The area is currently zoned "R-3" Multiple Residence District and has been zoned as such since it was rezoned from "A-1" Agricultural District on October 6, 1980. Surrounding land uses and their zoning: North — Commercial Development, zoned "S-1", Shopping Center District. South — Vacant land and Cedar Valley Lawn Care, zoned "A-1" Agricultural District. East — Vacant land, zoned "R-3" Multiple Residence District. West — Residential Development, zoned "R-3,R-P" Planned Residence District. Commercial buildings to the north were constructed between 1994 and 2013. Nearby residential dwellings have been constructed from 2010 to the present. No screening or buffering is required as part of this request by ordinance standards. Prairie Meadows Estates Addition Phase 3 — Preliminary Plat Pa19of 6 Page 501 of 644 July 9, 2024 Picture 1: Looking north from Mourning Dove Drive along the property being platted. Picture 2: Homes recently built by the developer along Omaha Avenue. Prairie Meadows Estates Addition Phase 3 — Preliminary Plat Pat®of 6 Page 502 of 644 July 9, 2024 Picture 3: Looking south from Mourning Dove Drive. Picture 4: Recently built homes along Omaha Avenue. Prairie Meadows Estates Addition Phase 3 — Preliminary Plat Pal of 6 Page 503 of 644 July 9, 2024 REQUIRED The applicant will need to get a drainage plan approved through DRAINAGE: the Engineering Department. FLOODPLAIN: No portion of the property is located within a special flood hazard area as indicated by the 2024 Federal Insurance Administration's Flood Insurance Rate Map. PUBLIC /OPEN Kittrell Elementary is located 1.20 miles to the northwest. Blessed SPACES/ SCHOOLS: Maria Assunta Pallotta Middle School and Columbus High School are located approximately 1.00 mile to the northwest. UTILITIES: WATER, The preliminary plat shows an 8" Sanitary Sewer line located within SANITARY SEWER, all proposed streets. An 8" water line is proposed to be located STORM SEWER, ETC: along the southerly side of what is currently referred to as Street A and along the easterly side of Grindstone Circle and Mourning Dove Drive. There are no easements proposed for the development. RELATIONSHIP TO The Future Land Use Map designates this area as "Mixed COMPREHENSIVE Commercial: Medium to High Density Residential; Professional LAND USE PLAN: Offices; Compatible Commercial". The proposed land use is in conformance with the Future Land Use Map for this area. The preliminary plat area is located within the Primary Growth Area as identified in the City's Comprehensive Plan adopted August 21, 2023. STAFF ANALYSIS — The development is proposing 23 duplexes and one tri-plex for a ZONING total of 49 units. The Phase 3 — Prairie Meadow Estates Addition ORDINANCE: will be located to the east of Prairie Meadow Estates Addition. Prairie Meadow Estates Addition Final Plat was approved by City Council on April 6, 2015 and homes have been constructed since then. The parcel is 435,600 square feet (10 acres). Including right-of-way there will be approximately 8,889 square feet of area per unit. This exceeds the minimum requirement of 3,600 square feet for two- family dwellings, and 2,500 square feet for multi -family dwellings in the "R-3" Multiple Residence District. The duplexes will be able to meet the minimum lot width requirement of 70' and the minimum setback requirements if they are split into separate lots someday. The smaller duplex will be 50' wide and be located 10' from another duplex building and there is a 15' side setback shown. The larger duplex will be 76' wide and will be 10' from other duplexes. The duplexes and 3-plex will stay in character and size with the existing residential properties in the area. The front yard setback for the 3-plex needs to change to 40' or the applicant will need to submit a variance request to allow for a 25' front yard setback. The Zoning Ordinance requires in section 10- 25-2 "Off -Street Parking Area Required" that multi -family row dwellings with individual driveways providing parking space(s) in Prairie Meadows Estates Addition Phase 3 — Preliminary Plat Pa22of 6 Page 504 of 644 July 9, 2024 the required front yard setback area and designed to permit the entrance or exit by backward movement of vehicles onto or off of a public street shall be permitted when the portion of said multi -family row dwelling that abuts the end of the driveway is set back at least 40 feet from the public street that the driveways connect to. TECHNICAL REVIEW Knutson noted Wayne Castle had comments on the request and COMMITTEE: has sent them to the planning department for them to be added to the staff report. Schroeder questioned if the driveways to the tri- plex will meet the requirements and instructed Schneider to review the Ordinance for the requirements. PHASE 3 - PRAIRIE MEADOW ESTATES ADDITION 0 0 SITE LAYOUT AND UTILITIY PLAN PRELI MINA SNYDER & ASSOCIATES, INC. 1 5 SNYDER sI- I c2oo STAFF ANALYSIS — The Subdivision Ordinance requires that preliminary plat SUBDIVISION submissions include such criteria as boundaries of property, ORDINANCE: proposed streets, easements, and widths of right-of-way, contours, and utility locations. The plat includes some of these items except the items listed below are missing. 1. Lot numbers, dimensions, curve data, lot areas 2. Utility and drainage easements 3. Adjacent subdivision names, property descriptions, and property owner names. 4. Name of the proposed street. The street is currently referred Prairie Meadows Estates Addition Phase 3 — Preliminary Plat Pa23of 6 Page 505 of 644 July 9, 2024 to as "Street A". 5. Proposed public utility services, such as water, sump, and sanitary sewer. 6. Proposed private utility mains, such as gas, electric, and telecom. 7. Data for proposed streets (street width, thickness, etc.) The name of the subdivision needs to be revised to Prairie Meadow Estates First Addition. STAFF Therefore, staff recommends that request by Robson Homes Inc. RECOMMENDATION: for the Preliminary Plat of Phase 3 Prairie Meadow Estates Addition, a 5-lot residential subdivision in the "R-3" Multiple Residence District located east of Omaha Avenue, be approved for the following reasons: 1. The plat would not appear to have a negative impact on the surrounding area. 2. The plat would not appear to have a negative impact on traffic conditions in the area. 3. The plat will create an additional housing in the Primary Growth Area. And subject to the following condition(s): 1. That the Preliminary Plat be updated prior to it being submitted to City Council. Prairie Meadows Estates Addition Phase 3 — Preliminary Plat Pa24of6 Page 506 of 644 City of Waterloo Planning, Programming and Zoning Commission July 9, 2024 G DR C-2,C-Z C=2,C-Z C-Z iTOWN DR C-2,C-Z Q J Z P,NELEN z O J W REFLECTI P°� ti �o sT �i-- co 0 FLAMMANG DR ovERL°°KDR* R-4,R-P O 2 JO 50 CROSSROPO East of Omaha Avenue Preliminary Plat Robson Homes, Inc. 25 f7...... C117 ..F GA City of Waterloo Planning, Programming and Zoning Commission July 9, 2024 East of Omaha Avenue Preliminary Plat Robson Homes, Inc. 26 Pnnr cn9 of All ,46 N of WATT A e �-.. �� o �� tr 6 O 7n11 W U Z X c) 0 0 w W J CO J 0 LL 0) Z 2- 0) O TITLE SHEET, 20 .01\CADD\PP_1240552_TSH.dwg JEREMY W MCCORMICK, PRELIMINARY PL PRELIMINARY PLAT FOR PRAIRIE MEADOW ESTATES FIRST ADDITION MULTI FAMILY RESIDENTIAL DEVELOPMENT CITY OF WATERLOO, IOWA PROJECT LOCATION VICINITY MAP SCALE: 1" = 500' ENGINEER SNYDER & ASSOCIATES 2727 SNYDER BLVD ANKENY IA 50023 CONTACT: ERIC CANNON PHONE: 515-964-2020 OWNER / DEVELOPER ROBSON HOMES INC. 5901 WILLIAMS BLVD SW CEDAR RAPIDS, IA 52404 CONTACT: JOE ROBSON PHONE: 319-350-3781 ZONING EXISTING ZONING: R-3 MULTI FAMILY RESIDENTIAL DISTRICT PROPOSED ZONING: R-3 MULTI FAMILY RESIDENTIAL DISTRICT INDEX OF SHEETS C100 PRELIMINARY PLAT - TITLE SHEET C200 PRELIMINARY - SITE LAYOUT AND UTILITIY PLAN C300 PRELIMINARY PLAT - GRADING PLAN 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. Eric D. Cannon, P.E. Date License Number P18954 My License Renewal Date is December 31, 2025 Pages or sheets covered by this seal: N 0) ,17 w Q REVISED AS PER CITY COMMENTS REVISED AS PER CITY COMMENTS REVISED AS PER CITY COMMENTS Z 0 U) w T-R-S: TTN-RRW-SS 0 0 w m a) U a) L 0 N 00 O cv) N Technician: JWM Project No: 124.0552.01 Z 0 H H w w 0 w w a WATERLOO, 1- w w co w J 1- 1 1- J a_ >- Z w OC 0 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 I www.snyder-associates.com • V SNYDER &ASSOCIATES Project No: 124.0552.01 Sheet C100 Page 509 of 644 V:\Projects\2024\124.0552.01\CADD\PP_1240552_SIT.dwg JEREMY W MCCORMICK, PRELIMINARY - SITE LAYOUT AND UTILITIY PLAN, 2024/08/19, 11:21 AM, ANSI FULL BLEED D (34.00 X 22.00 INCHES) G npcb co s� N89°22'17"E 337.76' Rim=908.37 Inv=898.09 8" PVC E Inv=898.02 8" PVC W Inv=897.92 8" PVC N LOT ApOW ESTATES S A pITION 148.21' LOT 1 18,100 SF 0.42 AC EXISTING 10' P.U.E STREET LIGHT( YP) 10' 15' SIDE YARD SETBACK T RM 18L : u ►T o �a 8.21'-o a o --5.1Fia 10' P.0 E. 0 00 w w 0 >- w LOT 2 23,065 SF 0.53 AC 0' DRAINAGE ASEMENT 15' SIDE YARD SETBACK 148.21' 10' P.U.E I N 8S(D) Rim=902.77 F.L.=899.64 6" TILE N F.L.=899.20 6" TILE S F.L.=898.55 15" RCP E F.L.=898.36 15" RCP N Rim=897.54 Inv=886.77 8" PVC S Inv=886.67 8" PVC N - 8"W1(D) 8"S(D) - - - 8"W1(D) 8•'S(D) - - Intake=902.20 F.L.=899.40 6" TILE N F.L.=899.24 6" TILE S F.L.=898.80 15" RCP W Cleanout Rim=909.12 6" Tile EXISTING 10' P.U.E. 8 20' REAR YARD SETBACK - 8"S(D) 8"W1(D) 8"S(D) 8"W1(D) 8"S(D) Rim=891.91 F.L.=888.48 6" TILE N F.L.=888.34 6" TILE S F.L.=887.15 15" RCP E F.L.=887.00 15" RCP S EL =8-86 1-5" RCP-N- LOT 6 pRp,IRI SMEADOW pIT1pN EST ATE Rim=885.39 Inv=875.29 8" PVC S Inv=875.23 8" PVC N OMAHA AVENUE 8 S(D) 8"W1(D)- - 8"W1(D)- 8„W1(D) Intake=89t22 F.L.=888.62 6" TILE S F.L.=888.17 6" TILE N F.L.=887.82 15" RCP W EXISTING 15' DRAINAGE EASEMENT LOT 4 98,675 SF 2.27 AC 8-S(D) 8"W1(D) I ntake=886.71 F.L.=882.92 12" NYLOPLAST S F.L.=882.92 12" NYLOPLAST N NO°09'20"W 1290.32' 808.22' 8"S(D) - 8"W1(D) Rim=880.65 F.L.=876.34 6" TILE N F.L.=876.13 6" TILE S F.L.=875.20 15" RCP E F.L.=875.10 15" RCP S F.E 875 �9 15" RCP-N- - 8"S(D) 8"W1(D) Intake=880.19 F.L.=876.42 6" TILE S F.L.=876.04 15" RCP W 8"S(D) Intake=882.38 F.L.=878.97 12" NYLOPLAST S F.L.=878.97 12" NYLOPLAST N Rim=877.48 F.L.=872.12 6" TILE W F.L.=872.22 15" RCP SE F.L.=872.22 15" RCP E F.L.=874.32 18" RCP W Rim=877.47 F.L.=874.56 6" TILE S F.L.=873.35 15" RCP S F.L.=873.34 15" RCP E -Ft. *72.90-1-5"RC-P-NW- 8"5(D) 8S(D) - - - - 8..W1® 8.1npke=876.72 8. f-� F.L.=873.67 6" TILE N F.L.=872.99 15" RCP W Rim 87&Th F.L.=875.23 6" TILE W F.L.=874.09 15" RCP N F.L.=874.04 15" RCP W F.L.=873.98 15" RCP S Intake=878.24 F.L.=874.27 10" HDPE S F.L.=874.27 12" PVC N 20' REAR YARD SETBACK 1 - tin 1 ET LIGHT(TYP - 1 - _ _ o -� Willi808.03' = linligna MAIM NMI ini1111111111 lallitillilli T--lalillialli f i- TViSI REET LOT A �Ii ijj sA IINIIIIISHIMI III g2.25 ACF I I I M SEWER EA l a�Np 3 MIMS 8" SMYSTI GRANULAR TEMPORARY TURNAROUND 20' REAR YARD SETBACK 16' TYP L807 94' 807.69' SO°09'20"E 1290.05' ENTS LLC TIGER LILY 4 SEC � M 88N RAW]I�IW 114 NE11 EXISTING 10' P.U.E. B.S.L 16' S I KEE I TYP • RM SEWER E ffi. Pi ".i OI MYSTIC8D' rl • • • I I I. 24 26 15' STORM SEWER EASEMENT 20' REAR YARD SETBACK 8-S(D) - 0 Rirn=877.36 Iny=867.54 8" PVC S In y=867.54 8" PVC E Innf=867.40 8" PVC W T 4pOW PRAIRIE MEADOW E ADOW ESTATES Ap EXISTING 10' P.U.E. Intake=877.81 F.L.=874.79 6" TILE W F.L.=874.37 15" RCP S 123.96' 31 LOT 5 41,866 SF 0.96 AC GRANULAR TEMPORARY TURNAROUND 15' SIDE YARD SETBACK 10' P.U.E. 123.96' OUTLOT MEApoW PRAIRIE NookT1O1\i 20' STORM SEWER EASEMENT OUTLOT A 30,415 SF 0.70 AC STORM WATER MANAGEMENT BASIN N ti c) N co 24°s 0 50 FEET N 0) REVISED AS PER CITY COMMENTS N co N REVISED AS PER CITY COMMENTS N 0) REVISED AS PER CITY COMMENTS Z 0 cn H w w 0 w w a >- m w Q Z 0 U) w Scale: 1" = 50' 0 0 w >, m U N 0 Engineer: JAL WATERLOO, z J 0 J z 1- 0 >- >- J w 1 z W 0 T-R-S: TTN-RRW-SS Y 0 Technician: JWM Project No: 124.0552.01 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 I www.snyder-associates.com • V n W C.) CO oes oc W N SNYDER &ASSOCIATES Project No: 124.0552.01 Sheet C200 Page 510 of 644 V:\Projects\2024\124.0552.01\CADD\PP 1240552 GRDG.dwg JEREMY W MCCORMICK, PRELIMINARY PLAT - GRADING PLAN, 2024/08/19, 11:21 AM, ANSI FULL BLEED D (34.00 X 22.00 INCHES) / / 7 / CO \ 0 (n Inv=8Rim=908.37 8.09 8" PVC E Inv=898\02 8" PVC W Inv=897.'92 8" PVC N 4"x Post San tary St b \N 0 v^ O r / �/ 7 Rin' 2.77- _= F_ .=899.64 6' TALENT:: f_,. C=899-20-6=TI LE S F.=898.55 15" CP E F.L.=898.36 15" KCP N - - - Inv=886.77 8" I VC S / Inv=885.67 8" VC N V A 8„S(D) Intake=9Q2.2�\ F.L.=899.40 6" TII N F.L.=899.24 6" TIL S 1 F.L.=898.80 15" RC�W CI snout Rim=909.12 6" Tile 20 - EAR YAD S' T: ° CK Rim=891.91 F 88.48 6" TILE N F.L.=88 33-4 6 -TILE S F,L.=887.15 15" RCP E F.L.=887.00 15' RCP S' .L=886.61 " P-N- OMAHAHA AVENUE uuN 8'S(D) - �e=891.22 6" TILE S 6" TILE N 5"RCP W 1 -11 =�=%� Im=885.39 In)=875.28" PVC S n=875.23 8" PVC N cv o 0rn �� stake=8 .71 _\ o F.L.=882.92 12" I'YLOPLAST S F.L.=882.92 12" NYLOPLAST N Rim=880.65 F.L.=176.34 6" TILE N F.L.= 76.13 6" TILE S I F.L.=875.20 15" RCP E F.L.= 75.10 15" RCP S F L.8 /5:09 15" RUP N \ \ 8"S(D)A 8"N/ Intake=880.19 6.426"TILE SI 4 15" RCP W c cp %Intak 482.3b%' 00F.L.=8T/E5.97 12" NYLOPLAST S F.L.=878.97 12" NYLOPLAST N 'SII :I 908 -.� kif rigor Rim=876.38 F.L.=872.98 6'/+ILE NE F.L.=872.70 6' TILE SW F.L.=870.65 1$" RCP NW F.L.=870.3 24" RCP E F..L.=870.27 214" RCP SW Rim=876.86 F.L.=873.10 6" TILE W F.L.=873.04 6" TILE E 71.00 15" RCP S F.L.= 70.83 18" RCP E F.L.=B .51 24" RCP W \ Rim=877.48 F.L.7872.12 6" TILE W F.L.=872.22 15" RCP SE yL.=872.22 15" RCP E 'F.L.=874.32 18" RCP W / Rim=877.47 F. 874.56 6" TILE S F.L. 873.35 15" RCP S F.L.=873.34 15" RCP E L7872.90 15- RCP NW 8"s(D) Intake=876.72 8>,W" F.L.=873.67 6" TILE N F 872.99 15" RCP W -Rim=8-78 -5 \F.L.=875.23 6" TILE W FI.L.=874.09 15" RCP N F. .=874.04 15" RCP W F.L.373.98 15" RCP S Int' e=878.24 F.L.=874.27 10" F1QPE S F.L.=874.27 12" PVC N ONF II TNIMINK- / - \ V \ A 46 45 44 43 2 \ 1 \ \40 o' rn rn rn rn to rn rn rn rn rn\ha_ c rn o m m. / OD o \ o �_1_\_ I / �\ MIFAMP - ''L,Ai►'� i ANI�P�.' � LMIN Ems_ 4.III ®:►�� � I��i�� .__,I� eftwonm_ 'MO roIWS iRr ��f AN(�ME!IIIIIFAW��I! 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III 11 I 0 z/ RiM=877.36 I+867.54 8" PVC S Inv=867.54 8" PVC E n =867.40 8" PVC W CO �� rn / ��� 1 / / ct) co 895 - 893 894 - - REAR, /- t I B/jU; / / 895 �/ / 5513§3 `b. co CD`b� ��O aa� aga �� / / / / / / / 7 7 / 7 / 7 / / / / / 888/ - �887 - 886-- NSF__ M Fir 885 884_ 883 88, g87,�� ,�� co -S6°09'20"E 1290.05' '$a/ sac' �q,�' q,�3 g�ti' ,gceN- $per ' - - - _ - - i / ' �$ 01�/ ,bib- 7 11/ 882 881 880 880 880 7 20' R YARD SETBACV / - i / co F.\L\ .774.3\7117 R I• oro 00 ir CO (oQD co co / 0 50 FEET 1E1E1E1 REVISED AS PER CITY COMMENTS REVISED AS PER CITY COMMENTS REVISED AS PER CITY COMMENTS 0 ce 0 ce >- co 0 cn Engineer: JAL WATERLOO, NARY PLAT - G RA D T-R-S: TTN-RRW-SS 0 Technician: JWM Project No: 124.0552.01 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 I www.snyder-associates.com ti) LLI CO 'CC oeS LLI SNYDER Project No: 124.0552.01 Sheet C300 Page 511 of 644 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (PRELIMINARY OR MINOR) 1. APPLICATION INFORMATION: a. Applicant's Name — Business Name if Applicable (please print): Robson Homes Inc. Address: 5901 Williams Blvd SW Phone: 319-350-3781 City: Cedar Rapids State: Iowa Zip: 52404 Email• robson homesAyahoo.com b. Status of Applicant: (a) Owner x (b) Other (CHECK ONE): If other explain: c. Property Owner's Name if different than above (please print): Address: Phone: City: State: Zip: Email. 2. PREPARER INFORMATION: a. Preparer's Business Name (please print): Snyder & Associates, Inc. Primary Preparer's Name: Eric Cannon Phone: 515-964-2020 E-mail: ecannon@snyder-associates.com 3. PROPERTY INFORMATION: a. Name of Plat: Phase 3 - Prairie Meadows Estates Addition b. General Location of Property: east side of Grindstone Circle and Mourning Dove Drive c. Area of Proposed Plat: 10.10 acres d. Zoning District(s): R-3, R-P 4. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication (prefered but not required) b. Overall Street Plan (if applicable) c. Six (6) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. (also submit a digital copy of the plat in PDF format) 5. PUBLIC IMPROVEMENTS a. Costs (estimated) for any public improvements: Total Cost Estimate Storm Sewer $ Sanitary Sewer $ Paving $ Land Dedicated $ TOTAL $ The Request Fee of $300 + $10 per lot (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Signature of Owner Date 30 Page 512 of 644 (L�LLWATERLOO Engineering CITY OF August 20, 2024 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4312 �. CITYOFWATERLOOI OWA.COM RE: PRELIMINARY PLAT PRAIRIE MEADOW ESTATES FIRST ADDITION Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Sincerely, Wayne Castle, PLS, PE Assistant City Engineer CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to the approval of the Minor Plat of W.C.F. & N. Industrial Park, a 3-lot industrial subdivision in the "M-2" Heavy Industrial District located at 2975 Airline Circle. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution granting a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to the approval of the Minor Plat of W.C.F. & N. Industrial Park, a 3-lot industrial subdivision in the "M-2" Heavy Industrial District located at 2975 Airline Circle, to allow approval of the Plat of Survey that does not meet all requirements for a preliminary and final plat, but given the minor nature of the plat the additional information would not appear to be needed. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 514 of 644 LEGAL DESCRIPTION ATTACHMENTS None Page 515 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving a request by the City of Waterloo for the Minor Plat of WCF&N Industrial Park, a 3-lot industrial plat in the "M-2" Heavy Industrial District located at 2975 Airline Circle. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting a minor plat of the lot at 2975 Airline Circle, a 3-lot industrial subdivision. Lot 1 is proposed to be 2.76 acres, Lot 2 will be 5.65 acres, and Lot 3 will be 2.95 acres for a total of 11.36 acres. Lot 2 will contain the existing building at 2975 Airline Circle. Lot 1 will have access from WCF & N Drive, Lots 2 and 3 will have access from Airline Circle. The Planning, Programming, and Zoning Commission unanimously recommended approval of the request at their regular meeting on August 13, 2024. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 516 of 644 Part of Northwest Quarter of Northeast Quarter of Section 10, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at a point on the East line of W.C.F. & N. Drive which is 453 feet South of the North line of said Northwest Quarter of the Northeast Quarter and 65 feet East of the West line of said Northwest Quarter of the Northeast Quarter; thence North 89°53'20" East, 200 feet; thence North 00°00' East, 40.12 feet; thence North 89°53'20" East, 746.8 feet; thence South 00°19'10" West, 909.88 feet, to a point on the South line of said Northwest Quarter of the Northeast Quarter; thence South 89°46'10" West, along said South line, 343.31 feet; thence North 00°04'55" East, 581.18 feet, along the East line of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of said Section 10, thence South 89°47'40" West, 598.9 feet, along the North line of the South 250 feet of the North 1/2 of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, to said East line of W.C.F. & N. Drive; thence North along said East line, 290.01 feet, to the point of beginning, except that part conveyed to the City of Waterloo in 552 LD 283 ATTACHMENTS 1. WCF&N Ind Park Minor Plat 2. Engineering Letter Page 517 of 644 Index Legend Description: WCF&N Industrial Park Minor Plat Surveyor: Matthew Kofta, PLS 22561 Company: VJ Engineering 1501 Technology Parkway, Suite 100 Cedar Falls, IA 50613 319-266-5829 Proprietor: Back Alley Printers Inc Survey Requested by: City of Waterloo, Iowa This Plat of Survey has been reviewed by Waterloo, Iowa. Signature of Waterloo, Iowa Date Ordinance Administrator Feature Legend O Set 5/8" 0 x 24" Rebar w / Orange Cap L.S. #22561 • Property Corner Found ASet Section Corner Section Corner Found 100.00' Dimension of Survey (100.00') Dimension of Record 0 40 80 160 Plat of Survey WCF&N Industrial Park Minor Plat Part of NW4, NO Sec 10-T89N-R13W Waterloo, Black Hawk County, Iowa Lot 1 Legal Description: That part of the NM of the NE4 of Section 10, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Commencing at the Northwest Corner of said NM of the NE/ thence S00°23'01 "E 452.34 feet along the West line of said NM of the NE4; thence N89°36'59"E 95.76 feet to the East Right of Way line of WCF&N Drive and the Point of Beginning; thence N89°27'25"E 170.07 feet; thence NOO°12'56"W 39.89 feet; thence N89°29'57"E 214.89 feet; thence SOO°30'03"E 329.06 feet; thence S89°21'58"W 385.71 to said East Right of Way line; thence NOO°23'29"W 289.95 feet along said East Right of Way line to the Point of Beginning, containing 2.76 acres. Lot 2 Legal Description: That part of the NM of the NE4 of Section 10, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Commencing at the Northwest Corner of said NM of the NE4; thence S00°23'01 "E 452.34 feet along the West line of said NM of the NE4; thence N89°36'59"E 95.76 feet to the East Right of Way line of WCF&N Drive; thence N89°27'25"E 170.07 feet; thence N00°12'56"W 39.89 feet; thence N89°29'57"E 214.89 feet to the Point of Beginning; thence N89°29'57"E 531.49 feet to the West Right of Way line of Airline Circle; thence S00°04'45"E 333.92 feet along said West Right of Way line; thence S89°55'15"W 60.00 feet; thence SOO°04'45"E 244.52 feet; thence S89°21'58"W 285.05 feet; thence NOO°17'44"W 250.00 feet; thence S89°21'58"W 183.08 feet; thence NOO°30'03"W 329.06 feet to the Point of Beginning, containing 5.65 acres. Lot 3 Legal Description: That part of the NM of the NO of Section 10, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Commencing at the Northwest Corner of said NM of the NE4; thence S00°23'01 "E 452.34 feet along the West line of said NM of the NE4; thence N89°36'59"E 95.76 feet to the East Right of Way line of WCF&N Drive; thence N89°27'25"E 170.07 feet; thence N00°12'56"W 39.89 feet; thence N89°29'57"E 746.38 feet to the West Right of Way line of Airline Circle; thence S00°04'45"E 333.92 feet along said West Right of Way line to the Point of Beginning; thence SOO°04'45"E 71.74 feet to the South Right of Way of Peters Drive; thence S00°01'26"E 503.52 feet to the South line of Said NM of the NO; thence S89°25'39"W 343.31 feet along said South line; thence N00°17'44"E 330.95 feet; thence N89°21'58"E 285.05 feet; thence N00°04'45"W 244.52 feet; thence N89°55'15"E 60.00 feet to the Point of Beginning, containing 2.95 acres. Area Summary NW 1/4 - NE 1/4 Section 10-T89N-R13W Lot 1: 120,195 sq. ft. = 2.76 acres Lot 2: 245,896 sq. ft. = 5.65 acres Lot 3: 128,579 sq. ft. = 2.95 acres Existing Zoning: M-2 Minimum Front Yard: 25' Minimum Side Yard: 5' Minimum Rear Yard: 40' Parcel Address Lot 1: 2975 Airline Circle Lot 2: WCF&N Drive Lot 3: Airline Circle Location Ma ® Subject Property Is § I IE I , g,i Notes: 1.) Bearings are based on the Iowa Regional Coordinate System, Zone 5, NAD 83 2011 2.) All dimensions are in US Survey feet and decimals thereof. 3.) The error of closure is better than 1:10,000 4.) Field work was completed: 7-23-2024 \O `1111�1§tfi^'�^��,, �. c, ° ° ,9 �, = LL o Matthew A. . I hereby certify that this land surveying document was prepared and me or under my drect the relepersonal supervis no and that 1 am a dullysurvey wrk was performed byli licensed and Surveyor under the laws of the State of Iowa. =ao Kofta :0s - 22561 °Matthew A. Kofta, P.L.S. *°° °-*� License number 22561 Pages or sheets My license w olvdered byate is thisseal:r 31, 2024 Date ,0 fOIWI% „\piiirriiiiI\\ N 0 to N i Page # scale 1"=120' drawn by SJL date 08/01/24 v) a) CD a 0 L 0 L 0 0 WCF&N Industrial Waterloo, Iowa 24809480,4 44 NW Corner NE4 Sec 10-T89N-R13W Fnd "X" Cut in Concrete w � M U • - N89°36'59"E 95.76' Lot 1 WCF&N Industrial Park Minor Plat 120,195 sq. ft. 2.76 acres SOO°23'01 "E WCF&N Drive z Z 0) z z z z Fnd 1"0 Pinch Pipe *Typical unless Noted* N89°27'25"E 170.07' Fnd 1/2"0 Rebar w/Yellow Cap #8033 Point Of Beginning Lot 1 En Er) O o CO O N O Z S89°21'58"W 385.71' 15"0 HDPE Pipe Outlet 18"0 HDPE Outlet NI N89°29'57"E 214.89' N00° 12'56"W 39.89' (40.12') NO°30'03"W 8"0 Truss Pipe —\ S89°21'58"W 568.79' Fnd 1/2"0 Rebar w/Yellow Cap #8033 at Corner Fnd 1/2"0 Rebar w/Yellow Cap #8033 S47°28'01 "W 0.31' from Corner H 0 N89°29'42"E 1330.01' Fnd 1/2"0 Rebar w/Damaged Yellow Cap N89°29'57"E 746.38' (746.8') Point Of Beginning Lot 2 Edge Pavement Curb Drop v— Curb Drop S89°21'58"W 183.08' SW Corner NE4 Sec 10-T89N-R13W Fnd Mag Nail in Railroad Tie South line NW4 of the NO. /7 Fnd 1/2"0 Rebar w/Damaged Yellow Cap N89°29'57"E 531.49' 2975 Airline Circle S89°55'15"W- 60.00' O Lf) N �o -7)Ln og o 4 O N O N o O z Z O N89°21'58"E 285.05' S89°25'39"W 343.31' (343.31') 0 w N O 0 0 LO 0 0) NE Corner NW4, NE4 Sec 10-T89N-R13W Fnd "X" Cut in Concrete Plat of Survey WCF&N Industrial Park Minor Plat Part of NW4, NE 4 Sec 10-T89N-R13W Waterloo, Black Hawk County, Iowa Lot 2 WCF&N Industrial Park Minor Plat 245,896 sq. ft. 5.65 acres Point Of Beginning Lot 3 Peters Drive 8"W 8"W NVS.,8 NVS.,8 SOO°04'45"E 71.74' Lot 3 WCF&N Industrial Park Minor Plat 128,579 sq. ft. 2.95 acres Fnd 1"0 Hollow Pipe w/Damaged Yellow Cap NORTH Feature Legend O Set 5/8"0 x 24" Rebar w / Orange Cap L.S. #22561 • Property Corner Found ASet Section Corner ® Section Corner Found 100.00' Dimension of Survey (100.00') Dimension of Record 0 40 80 160 Page # 2 scale 1"=120' drawn by SJL date 08/01/24 L 0 a) U Waterloo, Iowa 2480(A8.4 44 CITY OF WATERLOO Engineering August 21, 2024 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT WCF&N INDUSTRIAL PARK MINOR PLAT Dear Aric: 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4312 �. CITYO F WATERLOOIOWA.COM This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Wayne Castle, PLS, PE Assistant City Engineer CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving a Real Estate Purchase Agreement with Anthony Bradfield and Municipal Telecommunication Utility of the City of Waterloo and approving a deed to sell real property to the City of Waterloo, in the amount of $30,000.00, for property located north of 1650 Idaho Street, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to enter into a Real Estate Purchase Agreement between Anthony Bradfield and Municipal Telecommunication Utility of the City of Waterloo and approving deed to sell real property to the City of Waterloo, in the amount of $30,000.00, for property located north of 1650 Idaho Street. The City is assisting Waterloo Fiber in this transaction because when the land is conveyed for the broadband buildout, the land will be deeded into the City of Waterloo's name, and the title to the property cannot be in the telecommunication's name. Waterloo Fiber will pay to purchase the property and be responsible for any environmental work if they choose to do so. The City will assist the buyer to get any environmental work completed. NEIGHBORHOOD IMPACT Construction of the broadband network is a positive impact to the City, bringing high speed internet to every home and business in Waterloo. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The boardband project is well underway in other areas of the city, and purchasing this land is needed for future phases. SOURCE OF EXPENDITURES Expenses paid for Waterloo Fiber. Page 521 of 644 ALTERNATIVE ACTION LEGAL DESCRIPTION Unplatted Waterloo East beginning 2,683 feet North of South'/4 corner, Sec. 19-89-12, thence East 160.7 feet to the WC F & N right of way, thence North 52 degrees, 14 minutes West 208.2 feet, thence South 132.5 feet to beginning. AND A part of the Northeast Quarter of Section 19, Township 89 North, Range 12 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Commencing at the Southwest Comer of said Northeast Quarter, also known as center of Section; thence North 89°50'22" East 16.6 feet along the South line of said Northeast Quarter, to the Intersection of said South line and the East line of Idaho Street, extended South, and the Point of Beginning; thence continuing North 89° 50'22" East 184. 13 feet along said South line of the Northeast Quarter, to the Intersection with the Southwesterly line of the Railway Right of Way, as recorded in 71 LD 241; thence North 50°35'22" West 51.80 feet along said Railway Right of Way to a point of Intersection with the North line of Willow Street extended; thence South 89°50'22" West 144.20 feet along an extension of the last described line, to a point on the East line of Idaho Street Right of Way; thence South 00°09' 38" East 33.00 feet along said East line of Idaho Street to the Point of Beginning. AND A survey of Parcel "E" in the Northeast Quarter of Section 19, Township 89 North, Range 12 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Commencing at the Southwest corner of said Northeast Quarter; Thence North 89°50'22" East, 200.72 feet along the South line of said Northeast Quarter, to the intersection with the extension of the South line of the railway right of way, as recorded in the office of the Black Hawk County Recorder in Land Deed Book 71 at Page 241; and the Point of Beginning; thence North 50° 35'22" West 238.44 feet along said railway right of way to a point on the East line of Idaho Street; thence North 00°00'00" West 77.66 feet along said East line of Idaho Street to a point on the North line of the railroad right of way; thence South 50°35'22" East 360.34 feet along said railway right of way to a point on the South line of said Northeast Quarter; thence South 89°50'22" West 94.19 feet along the South line of said Northeast Quarter to the point of beginning. Containing 17,963.5 square feet, or 0.04124 acres, more or less. ATTACHMENTS 1. Purchase Agreement 2. Aerial Photo Page 522 of 644 REAL ESTATE PURCHASE AGREEMENT TO: Anthony L. Bradfield ("Seller") FROM: Municipal Telecommunications Utility of the City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property identified as parcel nos. 8912-19-258-001, -002, and -004, situated on Idaho Street, Waterloo, Iowa, legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to restrictive covenants, ordinances, limited access provisions, and easements of record, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $30,000.00, due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within ninety (90) days after approval of this Agreement by the Buyer's Board of Trustees, on a date mutually agreeable to the parties, subject to prior satisfaction or waiver of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance, if any, to the date of closing and shall bear the risk of loss or damage to the Property until the date of closing. 6. FIXTURES. N/A. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 60 days after the acceptance of this Agreement, Buyer may, at its sole expense, conduct studies, investigations and feasibility review. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller- will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps arc acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. Page 523 of 644 8. ABSTRACT AND TITLE. Seller shall, at its own expense, obtain an abstract of title to the Property continued through a date that is within 30 days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea - formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any other exceptions to the warranties set forth above are fully described here or on a separate addendum attached hereto: B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes, and may have a Phase I environmental assessment completed. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. Seller shall provide to Buyer a copy of any report or information in Seller's possession with respect to environmental assessment, investigation, testing or remediation. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall, unless waived by Buyer, be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of 2 Page 524 of 644 $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shalt have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. Notwithstanding the above, asbestos on the premises is not included in Seller's remediation duties as Buyer will remove same at its own expense in connection with demolition. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. Pursuant to City of Waterloo Ordinance 2-16-6, Buyer -will take tide as "City of Waterloo, Iowa, f/h/o Municipal Telecommunications Utility of the City of Waterloo, Iowa." 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16.Omitted. 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 18. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because 3 Page 525 of 644 of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Anthony L. Bradfield 807 Anthony Street Waterloo, IA 50707 Buyer: Municipal Telecommunications Utility of the City of Waterloo, Iowa 625 Glenwood Street Waterloo, IA 50703 Attn: General Manager 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. N/A. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 4 Page 526 of 644 BUYER SELLER Municipal Telecommunications Utility of the City of Waterloo, Iowa By: Andrew Van Fleet, Chair Anthony L. Bradfield Attest: Kelley Felchle, Board Secretary 5 Page 527 of 644 Property outline in Yellow Page 528 of 644 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 September 3, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Ahlers and Cooney, P.C. for preparation of a Commercial Project Development Agreement, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to approve a Professional Services Agreement with Ahlers & Cooney, P.C. for preparation of a commercial project development agreement. The scope of the work includes the following: • Prepare a development agreement based on information provided by the City. • Prepare proceedings to be used for setting the date of public hearing, and proceedings for the date fixed for the public hearing to adopt the development agreement. • Answer questions and advise City staff and the City Council. • Complete a transcript file record related to the adoption of the development agreement. Costs associated with this agreement are based on an hourly rate as described in the "Fees" section of the professional services agreement, and the city will be billed by invoice once the total known number of hours is calculated by Ahlers & Cooney, P.C. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 529 of 644 SOURCE OF EXPENDITURES TIF ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Professional Services Agreement Page 530 of 644 rit AHLERS CD❑NEY ATTORNEY S August 20, 2024 Sent via email: noel.anderson@waterloo-ia.org Noel Anderson Community Planning and Development Director City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Jenna H.B. Sabroske 515.246.0328 jsabroske@ahlerslaw.com RE: Engagement Letter — Commercial Project Development Agreement Dear Noel: The purpose of this Engagement Agreement ("Agreement") is to disclose and memorialize the terms and conditions under which Ahlers & Cooney, P.C. will represent the City of Waterloo, Iowa (the "City") in connection with a proposed development agreement for a commercial redevelopment project (the "Development Agreement"), in accordance with Iowa Code Chapter 403. SCOPE OF ENGAGEMENT We agree to perform the following services for the fees we charge under this Agreement: 1. Prepare the Development Agreement, based on the information provided to us by the City; 2. Prepare proceedings to be used for setting the date of a public hearing on the Development Agreement, and proceedings for the date fixed for the public hearing and adoption of the Development Agreement; 3. Answer questions and advise City staff and the Council throughout the adoption process for the Development Agreement; and 4. Complete a transcript file record related to the adoption of the Development Agreement. Our duties under this Agreement are limited to those expressly set forth above. Absent a separate engagement agreement regarding one or more of the following services, the services provided and the fees charged hereunder do not include: Page 531 of 644 Page 2 1. Preparing the legal descriptions to be used in the Development Agreement; 2. Defending any legal challenges to or arising out of the Development Agreement; 3. Confirming or calculating any potential tax increment anticipated within the Urban Renewal Area, or pursuant to a given project, or otherwise acting in a financial advisory role; 4. Administering the Development Agreement after the adoption of the Development Agreement (and after completion of the transcript file on the Development Agreement); or 5. Any bond (finance) related services. It is not anticipated that it will be necessary for us to personally attend Council meetings in order to accomplish our work. We will be coordinating our services with you and other City staff, as directed by the City. In the event that public hearings or litigation should occur in the course of this matter, we would expect the same to be handled by the City Attorney, unless special arrangments are made for our participation. ATTORNEY -CLIENT RELATIONSHIP As confirmed by the execution of this Agreement, the City will be our client and an attorney -client relationship will exist between us for purposes of providing the services listed above. Our services are limited to those contracted for in this letter and the City's execution of this Agreement will constitute an acknowledgement of those limitations. The Firm's engagement under this Agreement will end when the Development Agreement is adopted/approved by the Council and our final invoice has been paid. FEES The attorneys working in the economic development practice area of the firm, including Jenna Sabroske, will be the attorneys chiefly responsible for providing you with these legal services. However, if efficient and appropriate, we may call on other attorneys and legal assistants from time to time. The fees will be based on the hours worked by firm personnel at their hourly rates in effect at the time the work is performed. Ms. Sabroske's 2024 hourly rate is $270. Work performed by other attorneys will be billed at their 2024 hourly rate (from $200-$430 per hour). Work by legal assistants will be billed at $140-$155 per hour. Our rates are generally adjusted on an annual basis, as of January 1st of each year. It is difficult to estimate the total cost for the work, because we charge by the hour and there are many variables that impact the number of hours spent on the work. Expenses will be billed at the amount incurred. Our statement for services and expenses will be due and payable upon receipt of the invoice, which in most instances, is monthly. Should you have any questions about a statement or a fee, please do not hesitate to call. We do reserve the right to withdraw from representation for any reason, including failure to pay the monthly statement in accordance with Page 532 of 644 Page 3 this policy. If, for any reason, the City terminates the engagement governed by this Agreement before the completion of the services described herein, we will bill the City for the services rendered as of the date of termination based on the hourly rates of those who provided services. RECORDS At the City's request, any documents furnished by the City will be returned promptly upon receipt of payment for outstanding fees and client charges. Our own files, including lawyer work product, pertaining to the above referenced project will be retained by us. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to dispose of any documents or other material retained by us after the termination of this Agreement. APPROVAL Please carefully review the terms and conditions of this Agreement. If this Agreement accurately reflects the terms of this particular engagement, please obtain approval by the City Council, and execute, date, and return to me the enclosed copy of this Agreement. Please retain the original for your file. If you have questions regarding any aspect of the above or our representation, please do not hesitate to contact me. As always, we appreciate the opportunity to represent the City and we look forward to working with you on this project. Ahlers & Cooney, P.C. Sincerely, By: [40 90111E-- Jenna H.B. Sabroske Accepted and approved on behalf of the City Council of the City of Waterloo, Iowa* By: Dated: Title: *Authorized by action of the governing body, approved on 02393698\11310-172 , 2024. Page 533 of 644 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 September 3, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Impact7G, of Coralville, Iowa, in an amount not to exceed $126,000.00, 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. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The agreement would allow for the consultant to assist with the management and implementation of a Cleanup Grant from the EPA for the former Rath buildings at 1442 Sycamore Street. The City of Waterloo received a grant from the EPA for the cleanup work (asbestos abatement), but requirements of the grant include hiring a consultant to act as a qualified environmental professional to oversee the project and complete tasks laid out within the grant award, including monitoring, reporting, Section 106 compliance, Davis -Bacon wage compliance, air quality monitoring, and final cleanup report preparation and submittal, to name a few of the tasks. The City of Waterloo solicited proposals from 12 consulting firms. Originaly, the City of Waterloo only received one proposal from HR Green and entered into an agreement with them for the work, but recently the City of Waterloo terminated the agreement at the request of HR Green as they no longer have an environmental division or environmental employees that can handle the work, so the Ctiy of Waterloo had to re -bid the project. This time, the City of Waterloo received two proposals, including one from Impact7G and one from Atlas. The proposals were reviewed and scored by a Consultant Selection Committee, and the Committee is recommending that we move forward with an award to NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 534 of 644 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES EPA Grant ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 PSA - Impact7G - 2024 Rath Brownfield Cleanup - City of Waterloo 2. Impact7G Proposal rebid 3. Atlas Proposal rebid 4. 1442 Sycamore St RFP for Qualified Environmental Professional Redo 5. 9.22.23 EPA Grant 96705401-0 Work Plan - V3 (002) 6. Grant award R07 IA Waterloo Page 535 of 644 IM PACT7G \ 108 E 7th Street, Suite 2, Coralville, IA 52241 515.473.6256 • info@impact7g.com www.impact7g.com Professional Services Agreement (PSA) Project: Rath Buildings EPA Brownfield Cleanup Grant Property: 1442 Sycamore Street, Waterloo, Iowa 50703 Date: Client: City of Waterloo, Iowa Contact: Mr. Aric Schroeder, City Planner Address: 715 Mulberry Street City/State/Zip: Waterloo, Iowa 50703 Phone: 319.291.4399 Email: aric.schroeder@waterloo-ia.org 8/26/2024 AGREEMENT made this 26th day of August, 2024, by and between the service provider, Impact7G, Inc. ("Impact7G") and City of Waterloo ("Client"). WHEREAS, the Client intends to engage the services of Impact7G to: assist with the implementation of an US EPA Brownfields Cleanup Grant. WHEREAS, Impact7G agrees to provide said services pursuant to the terms of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Project Impact7G agrees to complete the required tasks for the implementation of the Environmental Protection Agency (EPA) CERCLA Section 104(K) Cleanup Grant Number BF9605401-0 for the cleanup of the Rath Buildings at 1442 Sycamore Street in Waterloo, Iowa for the period of 10/23/2023 through 9/30/2025. 2. Scope of Services Task 1: Program Implementation Our staff will collaborate with City staff to prepare and submit mandatory documentation to the EPA as specified in Client's cooperative agreement. These efforts include filing quarterly progress reports (QPRs), a Final Programmatic Performance Report, annual Federal Financial Report (SF 425), and annual MBE/WBE statements (5700-52a). Impact7G will act as the technical liaison during project discussions between the City of Waterloo, the State of Iowa, and federal regulatory agencies. Task 2: Community Involvement Impact7G will assist the City with hosting two community engagement open house events scheduled for September 2024 and March 2025, respectively. Impact7G will prepare the materials for each event Sustainable Environmental Solutions Page 536 of 644 Professional Services Agreement City of Waterloo, Iowa 8/26/2024 and answer technical questions received from participants. The Impact7G team will attend two (2) in - person or virtual project partner meetings, one in September 2024 and a second in April 2025. Impact7G will prepare press releases scheduled for distribution in September 2024 and March 2025. These informational pieces will summarize project milestone activities completed to date. Impact7G will work with City staff to identify appropriate entities to receive press releases, such as local television stations, radio stations, newspapers, and social media outlets. Impact7G will also work with the City's previous consultant to finalize a brochure for the project and update the project's website routinely as the project progresses. Meeting notices, press releases, cultural and historic materials, bid specifications, and cleanup reports will be made available to the public on this website. Two on -site temporary signs are already installed at the property. Impact7G will update as necessary. Task 3: Site Cleanup Impact7G will schedule a kickoff meeting in September 2024 to be attended by City, EPA, Iowa DNR, and Impact7G staff to discuss the project and anticipated outcome. While the kickoff meeting is being scheduled and immediately following award of the QEP, Impact7G will begin preparation of the Quality Assurance Project Plan (QAPP) for confirmation sampling and collection of air samples. The QAPP will be completed and submitted to the EPA for review and approval in September 2024. In Impact7G's opinion, the previously completed ACM Survey is insufficient for bidding out the project as accuracy is crucial to limit contractor change orders and to keep the project on schedule. Impact7G will validate and confirm content within the existing ACM Survey and conduct additional necessary survey work in October 2024. Impact7G staff will work with Iowa DNR to secure Section 128a grant funds on behalf of the City of Waterloo to help pay for the additional survey work. The confirmatory ACM inspection will be completed outside of the scope of work detailed in this PSA. Once asbestos containing materials and quantities are confirmed, Impact7G will develop accurate and detailed cleanup and bidding specifications for selection of an asbestos abatement contractor. Impact7G will work with the City to incorporate green and sustainable remediation principles and techniques into the project wherever possible. Site Cleanup will also include air monitoring and project observation. Impact7G will provide air monitoring services and project observation, including the collection and analysis of personal air samples, short term excursion limit air samples, and field blanks as required by OSHA. In addition, area air samples by each asbestos removal area, air samples at each entrance to a containment area, and HEPA exhaust air samples will be collected and analyzed to document any potential asbestos fiber releases. These samples will be analyzed via the Phase Contrast Microscopy (PCM) method. At the completion of the asbestos removal and upon the passing of a visual inspection, final clearance air samples will be collected using the PCM method. By February 2025, Impact7G will prepare necessary reports and provide draft correspondence/documentation to the EPA who will lead the agency -to -agency coordination with Iowa SHPO for Section 106 compliance. Impact7G will work with the asbestos abatement contractor selected by the City to ensure all required permits and notifications have been received prior to beginning abatement. While abatement is occurring, Impact7G will oversee hauling and disposal of asbestos at the Black Hawk County Landfill. This will include obtaining copies of waste manifests and load tickets. Impact7G will also conduct interviews with asbestos abatement contractor workers during abatement and require certified payroll records to check for compliance with Davis -Bacon wage requirements. A minimum of 10 site inspections will be completed with an associated inspection report. 3. Impact7G Responsibilities Impact7G hereby agrees to: Sustainable Environmental Solutions • Page 2 Page 537 of 644 Professional Services Agreement City of Waterloo, Iowa 8/26/2024 Provide the professional services as set forth in this Agreement; and Perform said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 4. Client Responsibilities Client hereby agrees to: (i) Provide a knowledgeable representative of the Property, who will be available to coordinate all on -site work; and (ii) Provide unrestricted access to the Property for Impact7G to perform the services; and (iii) Provide copies of any previously completed reports that may be pertinent to this Project. 5. Schedule The Project will commence immediately upon receipt of the executed Professional Services Agreement (PSA) from the Client. Impact7G anticipates working closely with City staff throughout the life of this Grant. A schedule of proposed activities in enclosed with this PSA. 6. Project Cost, Payment and Termination The Client shall pay Impact7G on a Time and Materials with Not to Exceed Totals based on the attached 2024 Billing Rate Schedule for the itemized tasks listed below for the performance of this Agreement. Billing rates are subject to change on an annual basis. Direct costs such as communications, postage, routine printing and copying are included. Tasks Task 1: Program Implementation Task 2: Community Involvement Task 3: Site Cleanup NTE Totals $21,000.00 $15,000.00 $90,000.00 TOTAL NOT -TO -EXCEED COST $126,000.00 Invoices for Impact7G's services will be submitted every 30 days or upon project completion if project completion is less than 30 days. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, Impact7G may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, suspend or terminate the performance of services. Time and material costs will be adjusted annually in accordance with rate increases paid to personnel, inflation, and market conditions. 7. Work Product All field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by Impact7G as instruments of service and/or used in the preparation of the final project deliverables shall remain the property of Impact7G. All project documents including, but not limited to, plans and specifications furnished by Impact7G under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by Impact7G, shall be at the Client's sole risk, and Client shall defend, indemnify and hold harmless Impact7G from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the Client be deemed a sale by Impact7G, and Impact7G makes no warranties, either express or implied, of merchantability and Sustainable Environmental Solutions • Page 3 Page 538 of 644 Professional Services Agreement City of Waterloo, Iowa 8/26/2024 fitness for any particular purpose. In no event shall Impact7G be liable for indirect or consequential damages as a result of the Client's use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, Impact7G reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. Client shall retain copies of the work performed by Impact7G in electronic form only for information and use by Client for the specific purpose for which Impact7G was engaged. Said material shall not be used by Client or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by Impact7G without Impact7G's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at Client's sole risk. Furthermore, the Client agrees to defend, indemnify, and hold Impact7G harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. 8. Proiect Site The Client agrees to use good faith efforts to maintain a safe Project site for Impact7G staff and, as applicable, subcontractors and assigns. Such good faith efforts shall include, but not exhaustive, ensuring that Project site is free and clear of any imminent hazards that pose a direct and immediate danger to any such individual potentially affected. 9. Claims and Disputes Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or Impact7G. Impact7G's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against Impact7G because of this Agreement or the performance or nonperformance of services hereunder. The Client and Impact7G agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision. The Client shall make no claim for professional negligence, either directly or in a third party claim, against Impact7G unless the Client has first provided Impact7G with a written certification executed by an independent professional currently practicing in the same discipline as Impact7G and licensed in the State in which the claim arises. 10. Limited Liability The Client agrees, to the fullest extent permitted by law, to limit the liability of Impact7G and Impact7G's officers, directors, partners, employees, shareholders, owners and subconsultants to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of Impact7G and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed $50,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 11. Mediation In an effort to resolve any conflicts that arise during the project or following the completion of the project, the Client and Impact7G agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The Client and Impact7G further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. Sustainable Environmental Solutions • Page Page 539 of 644 Professional Services Agreement City of Waterloo, Iowa 8/26/2024 12. Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 13. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the state of Iowa. 14. Assignment Neither the Agreement nor any of the rights or obligations arising under the Agreement may be assigned without prior written consent. This agreement is approved and accepted by the Client and Impact7G upon both parties signing and dating the agreement. The effective date of the agreement shall be the last date entered below. City of Waterloo, Iowa Impact7G, Inc. Project Accepted by: Manager: Printed/ Printed/ Typed Name: Typed Name: Title: Date: Date: Jon Reis 8/26/2024 Sustainable Environmental Solutions • Page 5 Page 540 of 644 IMPACT? �a 2024 Bill Rates* 8951 Windsor Parkway, Johnston, IA 50131 515.473.6256 • info@impact7g.com www.impact7g.com Professional Services Rate Principal $200 Certified Industrial Hygienist $185 Senior Project Manager II $185 Senior Environmental / Water Resources Engineer $180 Senior Project Manager I $170 Environmental / Water Resources Engineer III $165 Environmental / Water Resources Engineer II $155 Project Manager / Drilling Manager $155 Senior Environmental Scientist / Specialist $145 Principal Archaeologist $140 Senior Architectural Historian $140 Environmental Scientist / Specialist III $140 Environmental / Water Resources Engineer I $130 Environmental Scientist / Specialist II $120 Architectural Historian $110 Environmental Scientist / Specialist I $105 Archaeologist $95 Drilling Technician $95 Field Technician $80 Intern $75 Graphic Designer & Marketing Specialist $130 Director of Finance $130 Director of Human Resources $130 Director of Information Technology $130 Human Resources Generalist $120 Senior Accountant $115 Office Manager $115 Accounting Specialist $100 Administrative Professional $90 Reimbursable Expenses 1. All materials, supplies and other direct expenses used in the performance of work will be billed at cost plus 20%. 2. Auto mileage will be reimbursed per the standard IRS mileage reimbursement rate. 3. Charges for sub -consultants will be billed at their invoice cost plus 20%. *Hourly bill rates are subject to change on an annual basis. Sustainable Environmental Solutions Page 541 of 644 Anticipated Schedule Our team understands the EPA process and strives to implement each step as efficiently and effectively as possible in the interest of timeliness, cost, and quality. Upon project award and finalizing the scope of the cleanup, Impact7G will develop the Site -Specific Quality Assurance Project Plan within three months. By the end of Quarter 5, the cleanup plan specifications and bidding documents will be completed. It is anticipated the cleanup will be wrapped up within 16 months of project award - pending Section 106 approval of the scope of work. Community engagement activities, such as updating the project's website and creation of a brochure, will begin immediately following project award. Cleanup Tasks • 4 2024 Q5 2025 Q Q8 �2025 Kickoff Meeting Quarterly & Annual Reporting ACRES Updates Agency & Recurring Project Meetings SSQAPP Community Engagement Activities Update Outdoor Project Signage Finalize Project Brochure Website Updates IDNR Coordination for 128A Funding Supplemental ACM Survey Preparation of Section 106 Documents Section 106 Public Meeting Bid Specs and Bid Letting Asbestos Abatement Oversight Asbestos Air Quality Monitoring Davis -Bacon Compliance Review Final Cleanup Report & Documentation Impact7G, Inc. & City of Waterloo, IA — Rath Buildings Brownfield Cleanup • Page 14 Page 542 of 644 City of Waterloo Rebid: EPA CERCLA Section 104(K) Cleanup Grant Number: BF96705401-0 Cleanup of Rath Buildings 1442 Sycamore Street, Waterloo Proposal Submitted To: Mr, Aric Schroeder, City Planner City of Waterloo Planning Department 715 Mulberry Street Waterloo, IA 50703 Proposal Prepared By: Steve Prideaux, AICP Project Manager sprideaux@ i m pact7g•com (319) 635-6252 Impact7G, Inc. 108 E 7th Street, Suite 2 Coralville, IA 52241 Proposal Deadline: 8/19/2024 Submission Date: 8/16/2024 CITY OF �) k TERLOc IOWA Community of Opportunity FACT%CID)\\\` Rath Buildings Brownfield Cleanup • Page 1 Page 543 of 644 August 16, 2024 Mr. Aric Schroeder, City Planner City of Waterloo Planning Department 715 Mulberry Street Waterloo, IA 50703 RE: City of Waterloo Request for Proposal (RFP) Rebid for EPA CERCLA Section 104(K) Cleanup Grant Number: BF96705401-0 for Cleanup of Rath Buildings, 1442 Sycamore Street, Waterloo, Iowa Dear Mr. Schroeder and Members of the Selection Committee, Impact7G is pleased to present this proposal in support of the Rath Cleanup Grant. We appreciate the opportunity to partner with the City of Waterloo in assisting with the removal of asbestos -containing materials from the historic, seven -story former meatpacking plant. Our team fully understands the significance of this project to the community. The looming facility has long represented the devastation that ravaged Waterloo during the 1980s farm crisis. Transitioning the property to a reuse that creates new jobs, generates additional tax revenue, and stabilizes the surrounding neighborhood will be another important achievement in the City's recovery. Impact7G is a full -service environmental firm that is well -positioned to help you navigate this process. Mr. Steve Prideaux, Project Manager, has been directly involved in the City's brownfield program since 200Z He is a trusted advisor that has secured six individual grants totaling $2.8 million on behalf of the community. A team of over 85 environmental professionals able to provide services promptly will directly support Steve. His office in Coralville is located just one hour away from Waterloo. Most field staff will mobilize from the Coralville office as well. The proposed project team is comprised of individuals with decades of experience working in Waterloo. Mr, Mike Fisher, Principal -in -Charge, approached officials about applying for EPA Brownfields funding to investigate the Rath neighborhood as part of its pilot program in 1998. He later led cleanup efforts for high -profile sites including Chamberlain Manufacturing Company and Construction Machinery Company. Mike's home office is located near Coggon, about an hour east of Waterloo, making in -person meetings possible on even short notice. Please contact us with any questions related to our proposal. Also, please note that Impact7G, Inc. will formally change our business name to Eocene Environmental Group on September 22, 2024. Impact7G will provide the City with appropriate notification in advance of this transition, and all necessary documentation to continue with business as usual, Sincerely, Mike Fisher Principal -In -Charge lefit fizux Steve Prideaux, AICP Project Manager Impact7G, Inc. & City of Waterloo, iA Rath Buildings Brownfield Cleanup • Page 2 Page 544 of 644 About Impact7G, Inc. As a streamlined and focused environmental professional services company, Impact7G intends to provide a high level of technical expertise and quality when it comes to brownfield redevelopment services. We are well tenured in EPA funded aspects of brownfield redevelopment, grant writing including State catalyst grant preparation, State of Iowa brownfield funding options, and opportunity zone funds. We will bring quality, efficiency, and added value to the execution of assigned Cooperative Agreement (CA) work plan tasks. Our team of professionals are exceedingly thorough, they understand EPA expectations, and will always work to respond to the City's schedule needs. While each brownfields program is unique, we have enough expertise to help guide the City's Brownfield Program forward. Our team is made up of experts in the areas of environmental and health risks, economics, financial mechanisms, real estate/developer deals, and lending institutions, and thereby will be able to assist Waterloo with programmatic requirements, environmental site assessments, inventorying, community engagement, area -wide planning, and cleanup planning. Brownfields Project Management Impact7G staff have provided more cooperative agreement (CA) oversight than any other consultants in the State of Iowa, Mike Fisher, your designated Principal -in -Charge for this project, has been providing oversight of EPA Brownfields CAs for two decades. Steve Prideaux, your designated Project Manager, has been assisting with CA oversight for over seventeen years - including Waterloo's recent Community -Wide Assessment Grants. Impact7G strives to work as an integrated team member with grant managers to provide them with the data they need to achieve their CA objectives. From monthly conference calls with your EPA Project Officer to detailed financial records, Impact7G will be there every step of the way. Impact7G can also assist with activity reports for quarterly reporting and ACRES data entry. Certified Hazardous Materials Inspections Our personnel have been performing hazardous material consulting work including asbestos inspections, project design, project supervision, air monitoring services, and clearance inspections for a variety of clients throughout Iowa and the Midwest over the past three decades. In addition, we have more Iowa licensed asbestos inspectors than any environmental consulting firm. With that title comes a level of expertise that is unmatched in our industry. Our senior management averages more than 20 years of experience with additional key personnel equipped with over 15 years each in the hazardous materials consulting field. UNREO STATES ENVIRONMENTAL RO1MNFIELOS CLEANUP Impact7G, Inc. & City of Waterloo, IA Rath Buildings Brownfield Cleanup • Page 3 Page 545 of 644 Our Project Team A project of this magnitude requires a level of expertise, experience, and efficiency most firms do not possess. Impact7G offers the City a dedicated team that will deliver both quality and quantity of results within the parameters of your CA with EPA. Our team maintains numerous certifications and registrations including, but not limited to: American Institute of Certified Planner (AICP), State of Iowa Certified Asbestos Inspector & Project Designer; Iowa Certified Lead -Based Paint Inspector/Risk Assessor; Certified Groundwater Professional; Registered Environmental Manager; Iowa Certified Well Driller; and 40 Hour OSHA HAZWOPER designation. Project Manager Mr. Steve Prideaux, AICP is a Waterloo native with extensive knowledge of the EPA Brownfields Program. As his primary career focussincestarting in 2007, hisexpertise includes helping communities identify and inventory potential brownfields sites, conducting Phase I Environmental Site Assessments (ESAs), creating outreach tools to educate residents on the brownfields process, coordinating with state and federal agencies, and advancing re -use planning efforts. Additionally, Steve ensures grantees remain in compliance with federal reporting requirements. This involves preparing necessary quarterly and annual documentation. Steve also specializes in leveraging funds for client projects. He has secured $7.03 million of EPA Brownfields Program grants including $2.8 million on behalf of the City of Waterloo. Other successful grant applications include the following: Iowa Department of Natural Resources (Iowa DNR) 128a Program; Iowa Department of Economic Development (IDED) Iowa Brownfields Redevelopment Program; lowa DNR Derelict Buildings Grant Program; EPA Re - Powering America's Land Program Feasibility Study Program; Iowa Office of Energy independence (OEI) Energy Conservation Block Grant; United States Department of Agriculture (USDA) Rural Energy for America Program; and the EPA Environmental Justice Small Grants Program. Education M.S., Urban and Regional Planning, University of Iowa B.A., History and Political Science, University of Iowa Certified Planner, American Institute of Certified Planners Contact Information 108 E 7th Street, Suite 2, Iowa 52340 / 515.473,6256 (Office) sprideaux@impact7g.com / 319.635.6252 (Cell) Impact7G, Inc. & City of Waterloo, IA Rath Buildings Brownfield Cleanup . Page 4 Page 546 of 644 Principal -In -Charge Mr. Mike Fisher is Vice President and a Principal of Impact7G. Mike focuses primarily on community redevelopment, He has been actively involved with many EPA Region 7 brownfield sites, including leading cleanup efforts at the former Construction Machinery Company and former Chamberlain Manufacturing Company in Waterloo, with the objective of fostering positive economic and "quality of life" outcomes through a holistic approach to redevelopment. This is achieved through addressing contamination constraints in addition to funding strategies, context sensitive planning, and sustainable engineering. Through programs offered by EPA, original EPA brownfield partnering agencies, and state agencies, Mike has helped many communities secure millions of dollars for brownfields redevelopment with additional leveraging of substantial private sector investment, Mr. Fisher focuses primarily on environmental re -use planning, risk assessment, and redevelopment services for municipalities. He has been actively involved with over 15 EPA Region 7 brownfield sites and several state cleanup program sites. EPA Region 7 recognized Mike's efforts in the early days of EPA's Brownfield Pilot Program with a Partnership Award in recognition for his voluntary efforts to promote all aspects of brownfields redevelopment. Through programs offered by EPA, original EPA brownfield partnering agencies, and state agencies, he has helped communities secure millions of dollars for brownfields redevelopment with additional leveraging of substantial private sector investment. Mike has presented technical discussions on environmental, redevelopment, and sustainability topics to groups including The National Association of Environmental Professionals, American Water Works Association, Iowa Rural Water Association, and the North American Housing and Redevelopment Organization He was also selected to present at both regional and the National EPA Brownfields conference. Mr. Fisher also completed EPA Technical Assistance to Brownfields (TAB) workshop titled, "Steps & Resources for Engaging in Brownfield Redevelopment" and participated in numerous TAB workshops over his 25 years of EPA brownfields experience, Education B.G.S., Environmental Studies, University of Kansas National Registry of Environmental Professionals Contact Information 108 E 7th Street, Suite 2, Iowa 52340 / 515.473.6256 (Office) mfisher@impact7g.com / 319.551.1579 (Cell) Impact7G, Inc. & City of Waterloo, IA Rath Buildings Brownfield Cleanup • Page 5 Page 547 of 644 Support Staff Mr. Jon Reis, QA/QC Lead, will focus on quality assurance related to the asbestos inspection, asbestos abatement project manual and associated bid specifications, asbestos abatement oversight, due diligence, subsurface environmental investigations, environmental insurance, soil and groundwater monitoring and remediation, and working closely with several Federal and State regulatory programs. Mr, Reis is well versed in asbestos work and is a licensed asbestos project designer. Mr. Leon Johnson is an Environmental Specialist with four years of experience at Impact7G. He has worked on a variety of projects including Phase I Environmental Site Assessments (ESAs), Lead -Based Paint (LBP) and Asbestos Containing Materials inspections, and Indoor Air Quality sampling. Leon also has experience in creating and developing maps using AutoCAD. He is certified Asbestos Inspector, Asbestos Contractor/Supervisor, and Lead Based Paint Inspector/Risk Assessor. Mr. Ben Curtis, Planning and Community Outreach Lead, will establish relationships with key stakeholders, including EMA and Grow Cedar Valley, to foster realistic and impactful planning initiatives throughout the planning process. He finds creative waysto engage the public, elected officials, and business owners in a variety of planning processes including brownfields reuse, municipal comprehensive planning, community visioning, and natural resource management. Ms. Jaime Destefano received a Bachelor of Science in Anthropology with a concentration in historic archaeology and will lead Section 106 compliance for this project. Upon receipt of her Master of Science in Historic Preservation in 2008, Jaime served as a US/ICOMOS intern in Falmouth, Jamaica where she conducted a large-scale architectural survey of the late- 18th to mid-20th century town. As a preservation consultant, Jaime has considerable experience completing large-scale, intensive -level surveys and National Register nominations throughout the United States. Mr. Matt Deutsch, Hazardous Materials Lead, has experience in a variety of environmental projects including Phase I and II Environmental site assessments, Hazardous Materials Inventories, safety audits, EPA Brownfields projects, and air quality investigations. ASBESTOS Mi<YCAUSE (ANCFR CAUSE s (uMAGE TOW N.S AUTHORIZED Ip[SOIIMTL ONLY WEAR RESbiTORY FROTERIOi 1N011(T'ECTI4E CLOTHING '4THIS AvIA 0.1 trnpact7G, Inc. & City of Waterloo, IA Rath Buildings Brownfield Cleanup • Page 6 Page 548 of 644 Previous Experience Impact7G offers a complete and comprehensive range of services to support the requirements of Waterloo's cleanup initiative. Specifically, Impact7G staff have extensive experience providing Phase I & II ESAs, redevelopment planning activities, cleanup and reuse planning, QAPPs, ABCAs, and contaminant remediation and removal design. We have direct experience with the implementation, oversight, and work performed on brownfields sites, including those utilizing EPA funding. iNv- • - 11c sic -sir - Brownfield Cleanup of Former Reliance Battery Factory The former Reliance Battery Factory in Council Bluffs was in operation from circa 1928 through 2019. The property, surrounded by single family residential housing, was used for manufacturing, repairing, and reconditioning lead acid batteries. With the intent to see the property reused in some fashion, the City hired Impact7G to complete a Site Investigation and Characterization Report to characterize the extent of chemicals from contaminants of concern and to better understand remedial needs. Impact7G worked with the City to complete an analysis of brownfield cleanup alternatives (ABCA) and a soil management plan to address environmental conditions at the site. The remedial planning will meet cleanup objectives associated with potential reuse of the site. Impact7G also completed a Phase I Environmental Site Assessment (ESA), an Asbestos Containing Material (ACM) inspection, a hazardous materials inventory, and assisted with asbestos abatement specifications. Services included lead and arsenic chemical contamination site investigation, phase environmental site assessment, analysis of brownfield cleanup alternatives, creation of remedial action plan, creation of soil management plan, asbestos containing material (ACM) inspections, asbestos abatement specifications, and a hazardous material inventory. Reference: Courtney Harter, charter@councilbluffs-ia,gov, 712.890.5350 Impact7G, Inc. & Cily of Waterloo, IA Rath Buildings Brownfield Cleanup • Page 7 Page 549 of 644 ) Brownfield Cleanups of Former Greenleaf Facility & Wahkonsa Annex Impact7G has been assisting the City of Fort Dodge as the prime environmental professional securing over $1 million in assessment and cleanup funding since 2013. The City has utilized these awards to conduct assessment within the downtown area to spur economic growth and remove blighted properties from the city center. The EPA Assessment Grant has helped eliminate any actual or perceived contamination issues blocking development in this area. A 2019 Cleanup Grant removed a significant amount of asbestos containing materials (ACM) from the Wahkonsa Annex and a 2022 Cleanup Grant removed all ACM from the former Greenleaf Healthcare Facility. Prior to conducting or engaging in any on - site cleanup activities, the City had to consult with EPA regarding potential applicably of the National Historic Preservation Act (NHPA) (16 USC § 470) due to the age of the site. As part of the 2019 Cleanup Grant, Impact7G assisted the City in navigating the process with EPA and the Iowa State Historical Preservation Office (SHPO) on a memorandum of agreement (MOA) to proceed with the asbestos abatement. The Impact7G team facilitated the program coordination, conducted the asbestos inspection, completed the ABCA and abatement design, prepared the abatement bid package, and managed data to facilitate lead agency SHPO coordination. Reference; Vickie Reeck vreeck@fortdodgeiowa.org, 515,576.8191 i 41=: tt�tlr�s� j't 'llLW r t.,1i.i i tY. low • Farmer Greenleaf Healthcare Facility i / 11!1 You migk7 be asking.. Impact7G, Inc. & City of Waterloo, IA Rath Buildings Brownfield Cleanup • Page 8 Page 550 of 644 Brownfield Cleanup of Former Railroad Roundhouse Impact7G personnel have been intimately involved with Perry's brownfield redevelopment initiative since 2011 as the prime contractor. This includes assisting with fund procurement for an EPA Cleanup Grant, an Iowa Brownfield Redevelopment Program Grant through the Department of Economic Development, and a cleanup grant through the IDNR Brownfield Redevelopment Program, In 2011, Impact7G assisted the City of Perry with applying for additional funds through the EPA Brownfields Program. In 2012, the City was awarded a $400,000 Multi -Purpose Assessment and Cleanup Brownfields Grant for a former 101-acre railroad site. Perry was one of nine communities to receive this funding within the United States. We have been instrumental in developing innovative approaches for the investigation and cleanup of lead, arsenic, and polycyclic aromatic hydrocarbon contaminated soils. Reference: Sven Peterson, sven,peterson@perry.ia.org, 515,465.2481 Key Brownfield Cleanup Experience n: . u: o X d c X m X Fort Dodge, Iowa (2023) Fort Dodge, Iowa (2022) X X X X Council Bluffs, Iowa (2022) X X X X X ECIA RLF (2018+) X X X Dubuque, Iowa (2016) X Perry, Iowa (2012) X X Council Bluffs, Iowa (2011) X X Maquoketa, Iowa (2009) X Clinton, Iowa (2008) X X Waterloo, Iowa (2008) X X X Marion, Iowa (2007) X X Waterloo, Iowa (2005) X Coralville, Iowa (1998) X Impact7G, Inc. & City of Waterloo, IA Rath Buildings Brownfield Cleanup • Page 9 Page 551 of 644 Current & Projected Workload Our team is dedicated to this project, understanding that our depth of additional knowledgeable personnel is ready to assist when needed. Steve Prideaux has ample capacity to assist with this endeavor in addition to helping implement EPA Brownfields grants in Sioux City, Oskaloosa, and Denison. Steve and the supporting team are currently targeting around 15 hours per week to this project and up to 40 hours per week during critical project work. The support team's knowledge, experience, and current workload allows for the project deliverables to be achieved in a timely manner. Impact7G is not a disadvantaged business enterprise (DBE); however, Impact7G is an Iowa -based small business, and recent honoree of the Iowa Small Business Administration's annual Impact Award. Impact7G will work with the Waterloo to identify, if needed, a DBE to assist with community involvement components of this grant to meet the City's stated MBE/WBE goals. Technical Approach Impact7G understands the Rath Cleanup Grant project period began on October 1, 2023, and ends on September 30, 2025. The City has already completed several activities as required by the cooperative agreement work plan to date. As such, the following sections summarize our proposed approach to satisfy the remaining individual tasks as specifically outlined in your Request for Proposal (RFP). Task 1: Program Implementation Impact 7G is well -versed in the programmatic requirements of EPA's Brownfields Program. Steve Prideaux worked with city staff during previous cooperative agreements to ensure that the community stayed in compliance with their respective terms and conditions. This relationship will continue as part of the proposed cleanup project. Remaining in good standing with federal regulators keeps the City of Waterloo eligible for future funding opportunities. Our staff will collaborate with city staff to prepare and submit mandatory documentation to the EPA as specified in your cooperative agreement. These efforts include filing quarterly progress reports (QPRs), a Final Programmatic Performance Report, annual Federal Financial Report (SF 425), and annual MBE/WBE statements (5700-52a). Impact7G will be the technical liaison during project discussions between the City of Waterloo and state and Impact7G, Inc, & City of Waterloo, IA Rath Buildings Brownfield Cleanup • Page 10 Page 552 of 644 federal regulatory agencies. Our staff maintains long-standing relationships, some spanning multiple decades, with both EPA Region 7 and Iowa DNR staff. Steve Prideaux has already engaged Mr. Mel Pins, Director of the Iowa Brownfields Program, to provide additional funds for ACM survey work as part of the Rath cleanup project. Local abatement contractors have determined the Hazardous Materials Survey (HMS) previously conducted on the Rath property, which included an ACM survey, is insufficient in detail to prepare bid specifications for removal, Impact7G will help the City of Waterloo secure 128A funds to supplement this EPA Brownfields Cleanup Grant to conduct additional necessary survey work. Staff assigned to this project will schedule routine meetings with city representatives and Mr. Keith Slider. Our work will include preparing the agendas and completing meeting minutes with action items. Task 2: Community Involvement The City of Waterloo is committed to fully engaging and involving its residents during brownfields projects. Its robust approach includes utilizing various methods of communicating with individuals, Impact7G will support city staff during this initiative by serving as a representative during meetings and preparing innovative outreach tools. Join Us! Brownfields Open House Tuesday, December 6 5:30-6:30PM The mission of the City of Council Bluffs is to continuously improve the quality of life and attractiveness of the City of Council Bluffs. Staff from Impact7G will assist the City with hosting two community engagement open house events scheduled for September 2024 and March 2025, respectively, The first meeting will inform residents of the cleanup grant and its expected outcomes, while the second will cover ACM abatement results and next steps for redevelopment. Our staff will prepare the materials for each event and answer technical questions received from participants, Potential venues include public places such as the Urban Farmers' Market to ensure better attendance. The Impact7G team will attend two project partner meetings (September 2024 and April 2025). Mike Fisher and Steve Prideaux have direct experience working with Grow Cedar Valley and the Eastside Ministerial Alliance (EMA) during past projects within the community. These entities are tasked with distributing informational materials and working with local non-profit organizations (e.g., Farmers' Market, places of worship, community centers, etc.) to host community engagement open house events during the cleanup grant. Further, the City will rely on EMA to activate and represent target area citizens by reprising its role as a trusted go-between for affected residents and officials as it did for an EPA Environmental Justice Grant. Grow Cedar Valley, an organization dedicated to elevating the economic vitality of area businesses and communities, will partner with the City and Crystal Cold to find an end user for the former Rath property that creates jobs and grows the tax base. Impact7G will engage in these activities and discussions as directed by city staff. Impact7G will prepare press releases scheduled for distribution in September 2024 and March 2025. These informational pieces will summarize project milestone activities Impact7G, Inc. & City of Waterloo. IA Rath Buildings Brownfield Cleanup • Page 11 Page 553 of 644 completed to date (erg., asbestos survey results, completion of bid specifications, abatement activity findings, etc.). Our team will work with city staff to identify appropriate entities to receive the document such as local television stations (e.g., KWWL., KCRG, KGAN, etc.), radio stations, and newspapers (e.g., Waterloo -Cedar Falls Courier). Impact7G will also post copies of the announcement on the website, Brownfields brochures are an effective way to quickly disseminate project information to large audiences like during community engagement open houses or at City Hall. Our team understands that HR Green previously prepared a handout for the Rath cleanup grant that highlights the property's history; summarizes past environmental investigations completed on -site; explains the remediation strategy; and provides city staff and environmental consultant contact information. Impact7G will work with city staff to make any desired changes and then print hard copies of the document and upload an electronic copy on the project website (no later than September 2024), Getlnvolved! Marion•Ralls Brownfield Coalition HANNIBAL REGIONAL • PORT AU1 HO R ITv t ermiM1 a'lrifyirtw rap fN,edrrrlydre*L Whatisa Brownfield? irmadds ue ekak+ed, WU M Wand Wedded aid ..p.ErYe..ivee.r:.sdo-mild .ri..ted k,red e.ertd Rie,i fJl re admit kers liefdLYes? Cln•imil end round.•, r e.lee.led rH.1*14.. Urn.. Me Meld r. NU 1eriMelA Wr..4hoild. dUmg iddsUdue..d:Mornu 1prints en:aue rrMrr,,Merdulu lumr.dd of! IN duM.t.e..Yoe eres.aeee erfn, roe W.A..& www.P.iWiar.wri.Fd. Y.eeb W IsttldYu1rude"In n WU. M um E.Y MwriatY41 rr..rW [rtlW lirupeen WI rewrye M.61e. wr.mf. r.Y.edrekYY R..ai.hR.rldth ndU..+Ystiwbl.RehMree b Mold r ra rY ud d re. "made indulgui . INF'lyd6Fill .er grrlmido r orkip r.Y lrY.-06 burial r..M..r.._ w.xa.rimnffsieewarNt.em (onfartlnformation -NAwmeria ilaroMrleWrM- Impact7G understands the importance of the community's brownfields website. In fact, both Mike Fisher and Steve Prideaux developed its original framework on behalf of the City in 2007 under a previous EPA Cooperative Agreement. The highly interactive tool provides complete project transparency for interested parties by offering an overview of the EPA Brownfields Program, highlighting success stories, providing candid "before" and "after" photographs, and posting periodic news updates. Most importantly, a GIS-based map with querying features allows citizens to view properties selected for investigation, monitor progress, and examine site observation notes, photographs, and reports in an online documentary. Impact7G staff will continue to maintain the website throughout the duration of the grant period. This includes posting the brochure, meeting notices, press releases, cultural and historic materials, bid specifications, and cleanup reports. Task 3: Site Cleanup Impact7G will schedule a kickoff meeting in September 2024 to be attended by City, EPA, Iowa DNR, and Impact7G staff to discuss the project and anticipated outcome. While the kickoff meeting is being scheduled and immediately following award of the QEP, Impact7G will begin preparation of the Quality Assurance Project Plan (QAPP) for confirmation sampling and collection of air samples. The QAPP will be completed and submitted to the EPA for review and approval in September 2024. The previously completed ACM Survey is insufficient for bidding out the project as accuracy is crucial to limit contractor change Empact7C, Inc, & City of Waterloo, IA Rath Buildings Brownfield Cleanup • Page 12 Page 554 of 644 orders and to keep the project on schedule• Impact7G will validate and confirm content within the existing ACM Survey and conduct additional necessary survey work in October 2024. Impact 7G staff will work with Iowa DNR to secure Section 128a grant funds on behalf of the City of Waterloo to pay for the additional survey work. Once asbestos containing materials and quantities are confirmed, Impact7G will develop accurate and detailed cleanup and bidding specifications for selection of an asbestos abatement contractor. Impact7G will work with the City to incorporate green and sustainable remediation principles and techniques into the project wherever possible. Site Cleanup will also include air monitoring and project observation. Impact7G will provide air monitoring services and project observation, including the collection and analysis of personal air samples, short term excursion limit air samples, and field blanks as required by OSHA. In addition, area air samples by each asbestos removal area, air samples at each entrance to a containment area, and HEPA exhaust air samples will be collected and analyzed to document any potential asbestos fiber releases. These samples will be analyzed via the Phase Contrast Microscopy (PCM) method. At the completion of the asbestos removal and upon the passing of a visual inspection, final clearance air samples will be collected using the PCM method• Impact7G has the personnel on staff - architectural historians and Principal Archaeologists - to handle all Section 106 compliance needs. By February 2025, Impact7G will prepare necessary reports and provide draft correspondence/documentation to the EPA who will lead the agency -to -agency coordination with Iowa SHPO. Impact7G will work with the asbestos abatement contractor selected bytheCity to ensure all required permits and notifications have been received prior to beginning abatement. While abatement is occurring, Impact7G will oversee hauling and disposal of asbestos at the Black Hawk County Landfill. This will include obtaining copies of waste manifests and Toad tickets. Impact7G will also conduct interviews with asbestos abatement contractor workers during abatement and require certified payroll records to check for compliance with Davis -Bacon wage requirements. A minimum of 10 site inspections will be completed with an associated inspection report. Upon completion of asbestos abatement, Impact7G will prepare a Final Cleanup Report and a grant Closeout Report on behalf of the City for submittal to EPA by September 30, 2025. Impact7G, Inc. & City of Waterloo, [A Rath Buildings Brownfield Cleanup • Page 13 Page 555 of 644 Anticipated Schedule Our team understands the EPA process and strives to implement each step as efficiently and effectively as possible in the interest of timeliness, cost, and quality. Upon project award and finalizing the scope of the cleanup, Impact7G will develop the Site -Specific Quality Assurance Project Plan within three months. By the end of Quarter 5, the cleanup plan specifications and bidding documents will be completed. It is anticipated the cleanup will be wrapped up within 16 months of project award - pending Section 106 approval of the scope of work, Community engagement activities, such as updating the project's website and creation of a brochure, will begin immediately following project award. Cleanup Tasks Q4 2024 Q5 2025 Q6 2025 Q7 2025 Q8 2025 Kickoff Meeting Quarterly & Annual Reporting ACRES Updates Agency & Recurring Project Meetings SSQAPP Community Engagement Activities Update Outdoor Project Signage Finalize Project Brochure Website Updates IDNR Coordination for 128A Funding Supplemental ACM Survey Preparation of Section 106 Documents Section 106 Public Meeting Bid Specs and Bid Letting Asbestos Abatement Oversight Asbestos Air Quality Monitoring Davis -Bacon Compliance Review Final Cleanup Report & Documentation Impact7G, Inc, & City of Waterloo, IA Rath Buildings Brownfield Cleanup • Page 14 Page 556 of 644 Cost Proposal Our fees are shown below for each Task. Professional staff assignments used for estimation purposes may be substituted for equally qualified staff at similar rates. Tasks Cost Estimate $21,000 Program Management Community Involvement $15,000 Site Cleanup $90,000 Asbestos Removal, Encapsulation, Disposal (3rd Party) $470,000 Total Proposed Cost $596,000 2024* Professional Services Hourly Rate $200 Principal Senior Project Manager II $185 Senior Environmental / Water Resources Engineer $185 Senior Project Manager I $170 Environmental / Water Resources Engineer III $165 Environmental / Water Resources Engineer!' $155 Project Manager / Drilling Manager $155 Senior Environmental Scientist / Specialist $145 Principal Archaeologist $140 Senior Architectural Historian $140 Environmental Scientist / Specialist III $140 Environmental / Water Resources Engineer I $130 Environmental Scientist / Specialist II $120 Architectural Historian $110 Environmental Scientist / Specialist I $105 Archaeologist $95 Drilling Technician $95 Field Technician $80 * Hourly bill rates are subject to change on an annual basis. All materials, supplies, and other direct expenses used in the performance of work will be billed at cost plus 20%. Auto mileage will be reimbursed per the standard IRS mileage reimbursement rate. Charges for sub -consultants will be billed at their invoice cost plus 20%. Impact7G, Inc. & City of Waterloo, IA Rath Buildings Brownfield Cleanup • Page 15 Page 557 of 644 SUBMITTED BY ATLAS Gaylen Hiesterman Operations Manager 319-233-0441 gaylen.hiesterman@oneatlas.com L RESPONSE TO RFP FOR PROFESSIONAL CONSULTING SERVICES AS A QEP TO ASSIST WITH MANAGEMENT AND IMPLEMENTATION OF A BROWNFIELDS CLEANUP GRANT AWARD CITY OF WATERLOO August 19, 2024 Maw age 030 UI 044 328 LaPorte Road Waterloo, Iowa 50702 319-233-0441 oneatlas.com Our acro !f rf River from the si providing ra response an flexibility as well as cost savings. ti August 19, 2024 Aric Schroeder Planning Department City of Waterloo 715 Mulberry Street Waterloo, IA 50703 RE: RFP for Professional Consulting Services as QEP to Assist with Management and Implementation of a Brownfields Cleanup Grant Award Dear Mr. Schroeder and Selection Committee: Atlas has been actively involved with EPA brownfields grant funding since 1999, initially as part of an EPA Brownfields Pilot Program Grant and has seen the environmental and community benefits first-hand. We have been environmental consultants serving Iowa for more than 30 years. And while we are local, we also have access to a network of experts and resources nationwide. To successfully support the City to complete the scope of services as outlined in the RFP, we have built a highly qualified and experienced team to provide comprehensive services. These services include the air monitoring as well as the services requested in the RFP. We appreciate the opportunity to submit this proposal to support Waterloo's brownfields redevelopment efforts. Please don't hesitate to reach out and we look forward to working with you. Very Respectfully, Gaylen Hiesterman Operations Manager Page 559 of 644 TABLE OF CO\TE N T S IDENTIFICATION, QUALIFICATIONS, AND KEY STAFF 1 Firm Identification 1 Proposed Project Team 2 Experience/Project Examples 4 PROJECT APPROACH 6 Program Management 6 Community Involvement 8 Site Cleanup 8 Attachment A - Project Budget Attachment B - Resumes Page 560 of 644 IDENTIFICATION, QUALIFICATIONS, AND KEY STAFF Firm Identification Atlas Technical Consultants LLC (Atlas) has over 3500 staff nationwide in 43 states. Atlas provides professional testing, inspection, engineering, environmental and consulting services from more than 100 locations nationwide. We deliver solutions to both public and private sector clients in the transportation, commercial, water, government, education, and industrial markets. • Lai ew• •' • Our Waterloo office will serve as the principal office for the contract. Atlas has been operating in Iowa for nearly 30 years. We operated as ATC Group Services prior to re -branding in 2021 as Atlas, We consist of a diverse staff of engineers, scientists, geologists, technicians, and administrative personnel providing a range of environmental and engineering consulting services to public and private sector clients throughout Iowa. Atlas is a trusted consultant and has held a master services contract with the Iowa Department of Administrative Services since 2020. Under this contract we have conducted underground storage tank closures, asbestos inspections, and abatement air monitoring. Firm Information: Atlas Technical Consultants LLC 328 LaPorte Road Waterloo, IA 50702 F:e FM: S• r:ec5e:51 9 j Page 561 of 644 Proposed Project Team Our Waterloo team recognizes the significance of assembling a cohesive and competent group to ensure the successful execution of the cleanup. With a shared commitment to excellence and a wealth of experience in our respective fields, we are confident that our group will yield outstanding results. In this section, we aim to introduce our team members, highlight their expertise, and outline how their unique skills and capabilities will contribute to the overall success of the project. Resumes for key staff are provided in Appendix B. :EPA CITY OF �J LTERLOO loWA Community of Opportunfy SENIOR PROJECT/ CONTRACT MANAGER Gaylen Hiesterman Senior Project Manager TECHNICAL STAFF Scott Hanson, PE Senior Project Manager Tim Jacobsen Project Manager Eric Brown Staff Scientist Kelly Schmitt National Brownfields Director IWA Page 562 of 644 Summary Of Staff Qualifications Name Contract Role Qualifications Gaylen Hiesterman Scott Hanson, PE Tim Jacobsen Senior Project/Contract Manager Asbestos Inspector Project Manager Eric Brown Staff Scientist -Air Monitoring Kelly Schmitt EPA Grant Compliance and Reporting BS, Geology 30+ yrs experience BS, Civil Engineering 20+ yrs experience _ Master of Public Health BS, Environmental Studies 23 yrs experience MS, Hydrogeology BS, Geology 14 yrs experience BS, Reclamation 17 yrs experience Gaylen Hiesterman, Senior Project Manager/Contract Manager Availability for Project: 80% Gaylen is the Operations Manager for the Waterloo office and will act as the Senior Project Manager and primary contact for this contract. Gaylen has over 30 years of experience managing environmental projects from Phase I ESA development in his early career to overseeing projects under RCRA and Superfund for EPA Region 7. His proven ability to manage complex environmental projects, coupled with his expertise in regulatory compliance, ensures that he can effectively oversee all aspects of a brownfields cleanup. His background demonstrates a strong understanding of the technical and regulatory challenges inherent in brownfield projects, positioning him as a reliable and knowledgeable leader for this contract. Scott Hanson, PE Availability for Project: 50% Scott is a licensed professional engineer and registered asbestos inspector. He has completed asbestos inspections and abatement oversight at both commercial and residential buildings. In fact, he completed work on the administration building at the Rath complex. He will serve as the senior technical reviewer for this project. Tim Jacobsen Availability for Project: 50% Tim has been working in the asbestos industry since 2000 and has managed all aspects of asbestos projects from assessment, testing, and inspection to full building abatement and demolition oversite. For our contract with the Iowa Department of Administrative Services, he developed the selective abatement of asbestos structural fireproofing, created bid documents, the scope of work, and designed a schedule most effective for the client, planning removals during business off -hours and weekends. He also acted as the liaison for the state, 3 Page 563 of 644 Eric Brown, Staff Scientist Availability for Project: 80% Eric has 14 years of experience in building sciences, due diligence, environmental and geologic surveys. His expertise includes hazardous materials, building sciences (asbestos, lead, and other hazardous materials), Phase l ESA, groundwater monitoring, and underground storage tank closure service. He is the local safety officer ensuring a safe work environment for staff and clients both at the office and in the field. Kelly Schmitt, National Brownfield Director Availability for Project: 30% Kelly is a highly experienced professional who collaborates with a wide range of EPA Brownfield grantee clients across the nation. She manages the entry of site information into the ACRES database, prepares quarterly and annual reports, and liaises directly with the EPA on behalf of her clients. With a career that began as a state Brownfield coordinator working closely with the EPA brownfieids team, Kelly has earned a reputation as a trusted and knowledgeable member of the brownfields community. Subconsultants Atlas is not proposing to use any subconsultants for this project. Atlas can provide the air -quality monitoring internally which saves the city time and money. Experience/Project Examples Hazardous Materials Assessment & Abatement Oversight at Iowa Veterans Homes, Marshalltown, Iowa Atlas was selected for its expertise to conduct comprehensive hazardous materials assessments across three four-story buildings undergoing renovation at the Iowa Veterans Homes in Marshalltown, Iowa. Our team of highly qualified professionals, including Iowa -licensed asbestos inspectors, performed detailed inspections to identify and sample hazardous materials such as asbestos, lead, mercury, PCBs, and mold. The inspection results informed the development of a thorough hazardous materials abatement plan, which was subsequently provided to prospective abatement contractors. Atlas played a key role in the bidding process, evaluating qualified contractors and offering expert recommendations to ensure the selection of the most competent and compliant teams. During the abatement phase, Atlas provided critical oversight with on -site daily air monitoring, compliance checks, and contractor management. Our rigorous oversight ensured that all abatement activities were executed in full compliance with regulations, project specifications, and industry best practices. Following the abatement process, each work area was cleared by Atlas through comprehensive visual inspections and post -abatement air clearance testing. Our involvement from inspection to project completion ensured a safe, professional, and timely renovation process. Client: lowa Department of Administrative Services Hazardous Materials Inspections & Oversight at Offutt Air Force Base, NE Atlas was engaged to conduct an extensive asbestos and hazardous materials survey of over 60 flood -damaged structures at Offutt Air Force Base near Omaha, Nebraska from 2019 through 2022. Atlas was contracted by Dyncorp International (now Amentum) for a total contract cost of $317,741. Our services were crucial to supporting water restoration, mold remediation, asbestos abatement in 4 Page 564 of 644 preparation for renovations, as well as the eventual demolition of severely impacted buildings. In partnership with abatement contractors, Atlas provided compliance oversight, ensuring adherence to OSHA and EPA asbestos regulations throughout the project. This oversight encompassed a range of critical tasks, including daily meetings, safety briefings, air monitoring, containment inspections, and ongoing communication with contractors to resolve concerns. Atlas also reported progress directly to the base, maintaining transparency and alignment with the project's objectives. Atlas established protocols and specifications to guarantee the thorough removal of hazardous materials, and after abatement was completed, our team performed quality assurance inspections to verify the success of the process. This included visual inspections and continuous progress tracking to ensure safety and compliance at every step. The project presented numerous professional and logistical challenges, such as confined spaces, mold growth, asbestos exposure, electrical hazards, heat, and standing water. Despite these obstacles, Atlas navigated the complexities with precision and flexibility, adjusting to the client's budget constraints while still delivering the highest standards of service. By overcoming these challenges, Atlas ensured that the abatement work was conducted safely and efficiently, contributing to the successful restoration and remediation efforts at Offutt Air Force Base. Client: Dyncorp International (now Amentum) Asbestos Abatement Monitoring and Inspection for Flood -Damaged Properties in Waterloo, Iowa In response to the 2008 severe flooding along the Cedar River, from 2011 through 2015, Atlas was entrusted with conducting asbestos surveys for over 50 residential and commercial properties in Waterloo, Iowa. As part of our commitment to safety and compliance, our team performed detailed asbestos pre -demolition inspections to identify asbestos -containing materials (ACMs) to ensure safe removal prior to demolition. Atlas completed asbestos surveys, collecting and analyzing bulk samples. Shortly after authorization, we delivered detailed reports outlining the specific locations and quantities of ACMs for each property. Following the completion of abatement work, Atlas returned to the properties to conduct final clearance inspections, verifying that all asbestos - containing materials were properly removed. The project was successfully completed on -time and within budget, further solidifying Atlas' reputation for delivering thorough, efficient, and cost-effective environmental services. Client: City of Waterloo, Aric Schroeder, City Planner 5 Page 565 of 644 PROJECT APPROACH Our approach to supporting Waterloo in its Brownfields cleanup project is to act as a dedicated partner throughout every stage of the process. We understand the challenges the city faces and the concerns associated with selecting a new contractor. We recognize that the previous consultant has already completed some tasks related to the cleanup project, and Atlas is committed to providing the city with flexible services that avoid duplicating work. If chosen as Waterloo's consultant, we propose the following approach, derived from our years of experience with asbestos and lead projects from our local staff. Our approach includes four key elements: ✓ Build the best project team using local personnel with local experience; ✓ Communicate contract requirements and client expectations and goals; ✓ Assign an experienced contract manager; and ✓ Provide the client with exceptional consulting services and technically sound solutions. Program Management Consistent program and grant management is the key to a successful project. ✓ Reporting: o ACRES: We will enter all site -specific data into EPA's ACRES database as tasks are completed. o Quarterly reports: We will complete the quarterly reports in ACRES with City review prior to submittal. Quarterly reports will be submitted within 30 days after the end of the quarter. With the contract start in October, we are happy to complete the FY24 4th quarter report which will be due October 30. o Annual reporting: We will work with the City to complete the MBE/WBE/DBE form and Federal Financial Report (SF-425) for submittal to EPA. ✓ Meetings: o Kick off meeting: We suggest two kick-off meetings; one solely between Atlas and Waterloo and one that includes EPA. o Other meetings: At the kickoff meeting, we will develop a regular meeting schedule. We suggest weekly or bi-weekly meetings to begin with due to the expedited schedule. ✓ Working with EPA and IDNR: If preferred, we can work directly with the EPA project officer or funnel information through the City. When working directly with EPA, we copy the client on all emails. ✓ Project tracking: Atlas uses an Excel spreadsheet to track progress and to monitor the project. Tracking also includes ensuring each deliverable is provided to EPA in a timely manner, consistent with the quarterly reports and the cooperative agreement. ✓ Commitment to DBE Requirements: Atlas is committed to meeting the EPA's Disadvantaged Business Enterprise (DBE) requirements by making good faith efforts to engage qualified DBE subcontractors for this brownfields project, if subcontractors are 6 Page 566 of 644 needed We will take proactive steps to identify and solicit bids from DBE firms, including outreach to certified DBEs through local, state, and national directories. Our approach includes the following specific actions: Notification and Outreach: We will advertise subcontracting opportunities in relevant publications and directly contact DBE firms to inform them of the project and invite their participation. Soliciting Bids: We will provide DBE firms with clear and detailed descriptions of the work to be subcontracted, including the scope, timelines, and any special requirements, to encourage competitive bidding. Assistance and Support: We will offer guidance to DBE firms in understanding the project requirements and preparing their bids, including answering any questions and providing necessary clarifications. Evaluation and Selection: We will evaluate bids from DBE firms on a fair and equitable basis, considering their qualifications, experience, and cost proposals, and will select the subcontractor that best meets the project needs while supporting DBE participation. Documentation: We will maintain thorough records of all outreach and solicitation efforts, communications, and bid evaluations to demonstrate our compliance with the EPA's DBE good faith efforts requirements. By adhering to these practices, we aim to foster meaningful participation of DBE subcontractors in this Brownfields project, contributing to the EPA's goals of promoting economic opportunities for disadvantaged businesses. Through our experience managing EPA brownfelds grants, we have streamlined processes and have report templates that have been used for EPA approved reports. For example, the program QAPP can be created in a fraction of the `normal' time as we have current EPA approved QAPPs. A QAPP will be needed for confirmation air sampling conducted during abatement. This saves time and client funding. Managing work to the appropriate level of detail and assigning staff at the appropriate level are other keys to budget management. We are also transparent relative to project costs and attempt to keep costs reasonable/fair. It is our intent to build trust and develop long-term client relationships based upon such. Successful program management is the most important aspect of your brownfields assessment grant. With the influx of federal funding, EPA has indicated that more grantees will be audited programmatically and financially. Atlas has been involved in one of these for a client in Indiana where EPA was satisfied and there were no negative findings. 7 Page 567 of 644 Community Involvement ✓ Community engagement open houses: Atlas uses community engagement strategies at brownfield sites throughout the nation. We are happy to plan, coordinate, and attend two open houses regarding the cleanup. We recommend the first open house be one of the first tasks associated with the new contract. The second one could be after the cleanup is complete, reporting on the successes and any deviations from the original plan. ✓ Project Partner Committee Meetings: Being local, we are likely familiar with the city's project partners. We can meet "one-on-one" with partners or coordinate larger partner meetings. ✓ Signage: This task is included in the RFP but we understand that the signs have already been created and placed at the site. Atlas would update the signage as appropriate. / Press Releases: We regularly create press releases on behalf of our clients for brownfields projects. We recommend the city email the press release to the media as we typically see a broader response compared to a private firm, such as Atlas, releasing the information. ✓ Project Brochure: We understand that a project brochure has been designed and needs to be finalized and published. We will work with the city to determine the level of effort remaining to complete the brochure. ✓ Project Website: We propose to work with the company that created the city's brownfields website, Visual Logic. However, would decide this in concert with the city in the event there are any concerns with this approach. LiNITED STATES ENVIRONMENTAL PROTECTION AGENCY EROWNFIELDS CLEANUP GRANT A45e516s t.%ilfienl ; [ try.•�-.�-ert F, - • =fJN . , Fouler Rath cIacling Cornointy Bi7ena, I •'' FeiaMg .1.k aaLnW*- I cant.* eltg rreaerris3relic eIN:IJ1Ce •of.-aliprc Iu SMe d erraIU011 e& re-0avd np7r tof be Srt. Fxfo6er 2023.54iptan4cr Z4z3 Site Cleanup ✓ Bid Specs and RFP for Abatement Contractor: The bid specification will specify the materials, equipment, and methods to be used for the abatement process, define project timelines, including key milestones the contractor must meet, establish criteria for quality control and assurance, and provide guidelines for the contractor to submit their pricing including how costs should be broken down, unit pricing and allowances for potential changes in the scope of work. The RFP itself will provide a project overview, outline the process for submitting proposals and define the criteria that will be used for contractor evaluation. It will also include the terms and conditions that will govern the contract including payment schedules, Davis - Bacon Act requirement, insurance requirements, bonding, and penalties for non- compliance or delays. Upon bid and proposal opening, we will provide guidance to the city in selecting the abatement contractor. 8 Page 568 of 644 ✓ 106 Compliance/Historic Preservation: All federal and state historic preservation requirements will be met for this project. We will work directly with the state historic preservation office to ensure compliance. If necessary, we will develop and implement a plan to avoid, minimize, or mitigate adverse effects associated with the abatement activities. ✓ Cleanup Oversight and Air Monitoring: o Initial Assessment and Planning: Before abatement work begins, we will conduct a thorough review of the asbestos survey reports and project specifications. We will collaborate with the abatement contractor to develop a detailed abatement plan that adheres to all federal, state, and local regulations, including the EPA, OSHA, and Iowa -specific requirements. o Contractor Coordination: We will work closely with the selected asbestos abatement contractor to ensure that all personnel are properly trained and certified. We will verify that the contractor has the necessary permits and has developed an appropriate health and safety plan, including decontamination procedures. o On -Site Monitoring and Inspections: During the abatement process, our team will be on -site to monitor the work continuously. We will conduct regular inspections to ensure that the contractor follows the approved abatement plan, using proper containment procedures, personal protective equipment (PPE), and engineering controls to prevent the release of asbestos fibers. o Air Monitoring and Sampling: We will oversee the implementation of air monitoring protocols, including both personal and area sampling, to ensure that airborne asbestos levels remain within acceptable limits. We will review and verify all air sampling results and take immediate action if any readings exceed regulatory thresholds. o Documentation and Compliance Reporting: Throughout the abatement process, we will maintain detailed records of all activities, including daily logs, inspection reports, air monitoring results, and any communications with regulatory agencies. We will prepare and submit all required documentation to demonstrate compliance with applicable asbestos regulations. o Final Clearance and Certification: Upon completion of the abatement work, we will conduct a thorough inspection of the work area to ensure that all asbestos - containing materials have been removed or encapsulated per the project specifications. Once all criteria are met, we will issue a final clearance certification. ✓ Davis --Bacon: Our firm is committed to ensuring full compliance with the Davis -Bacon Act requirements throughout the Brownfield cleanup project. To provide effective oversight, we will implement the following approach: o Pre -Construction Coordination: Before the project begins, we will meet with the abatement contractor to review the Davis -Bacon Act requirements, including 9 Page 569 of 644 prevailing wage determinations, certified payroll reporting, and related obligations. We will ensure that all subcontractors understand their responsibilities and are equipped to comply with the standards set forth by the Act. o Certified Payroll Review: We will require all contractors to submit weekly certified payroll reports, which will be carefully reviewed for accuracy and compliance with prevailing wage rates. Any discrepancies or errors will be promptly addressed to ensure that all workers are compensated fairly and in accordance with federal guidelines. o On -Site Interviews and Monitoring: Regular on -site interviews with workers will be conducted to verify that the wages reported on certified payrolls match the wages actually paid. This process helps to identify any potential issues early and ensures that all laborers and mechanics are receiving the correct wages. o Documentation and Reporting: We will maintain detailed records of all payrolls, interviews, and any communications related to Davis -Bacon compliance. These records will be organized and readily available for review by the city or other overseeing agencies to demonstrate ongoing compliance. o Training and Support: We will provide ongoing training and support to the abatement contractor and their payroll personnel to address any questions or challenges related to Davis -Bacon requirements. Our team will be available to assist with understanding wage determinations, fringe benefits, and any other aspects of the Act that may arise during the project. o Final Compliance Review: At the conclusion of the project, we will conduct a final review of all payroll records and compliance documentation to ensure that all Davis -Bacon requirements have been met. We will then prepare a comprehensive report confirming full compliance. ✓ Cleanup Documentation/Final Report: After the project is complete, we will provide a comprehensive report summarizing all oversight activities, including any challenges encountered and how they were addressed. This report will serve as a record of compliance and a reference for future projects. Schedule This project schedule outlines the key phases, activities, and timelines for the successful completion of the abatement. The schedule is designed to ensure that all tasks are completed efficiently, in compliance with grant requirements, and while prioritizing the safety of workers and the surrounding community. Our understanding is that the abatement itself is planned over a 10-week period. We understand that the schedule was developed prior to the need to re-release the RFP. Atlas is committed to making a good faith effort to meet all deadlines outlined in the RFP and will work closely with the city to address any potential delays. We anticipate that there may be some delays associated with the first open house event, as Atlas will need time to review the progress made by the previous consultant on the fact sheet and assess the availability of necessary information. 10 Page 570 of 644 The following schedule serves as a roadmap and will be updated in coordination with the city and to accommodate changes in project requirements. Date(s) Task September 2024 October 2024 November 2024 December 2024 January 2025 February 2025 March 2025 April 2025 May 2025 Contract Start Open House Event Press Release Partner Committee Meetings Kick-off meetings with EPA, IDNR Quarterly and Annual Reports Website Updates (ongoing) Bid Spec Development & Release of RFP Bid Review Contractor Selection Quarterly Report 106 Compliance Documentation Abatement Permitting Press Release Quarterly Report Abatement Start June 2025 July 2025 August 2025 Abatement Ongoing Abatement Ongoing Quarterly Report Abatement Complete September 2025 October 2025 Final Davis -Bacon Wage Documentation Final Cleanup Report Quarterly and Annual Reports Grant closeout/Final programmatic performance report Costs A detailed cost proposal including a staff rate sheet is included in Appendix A. tt Page 571 of 644 age U/L UI 044 City of Waterloo Brownfields Cleanup COST PROPOSAL Description Quantity Management Unit Hourly Rate Total Project Senior Project Manager 225 hours $ 135 $ 30,375 Adminstrative 30 hours $ 65 $ 1,950 Total for Project Management $ 32,325 Community Outreach Open Houses Project Manager 40 hours $ 115 $ 4,600 Staff Scientist 40 hours $ 85 $ 3,400 Website Development` 1 LS $ 15,000 $ 15,000 Brochure Printing 1 Is $ 1,000 $ 1,000 Total for Community Outreach $ 24,000 Cleanup Oversight Abatement RFP Preparation Senior Project Manager 20 hours $ 135 $ 2,700 CADD 15 hours $ 85 $ 1,275 Senior Technical/Senior Engineer 40 hours $ 125 $ 5,000 Total $ 8,975 On -site Inspections of Abatement Senior Technical/Senior Engineer 160 hours $ 125 $ 20,000 Total $ 20,000 Daily Air Monitoring Staff Scientist 50 day $ 850 $ 42,500 Total $ 42,500 106 Compliance Senior Project Manager 60 hr $ 135 $ 8,100 Total $ 5,700 Inspection Reports Project Manager 20 hr $ 115 $ 2,300 Staff Scientist 40 hr $ 85 $ 3,400 Total $ 5,700 Page 573 of 644 Davis -Bacon Oversight Senior Project Manager 20 hr $ 135 $ 2,700 Staff Scientist 40 hr $ 85 $ 3,400 Total $ 6,100 Final Report Senior Project Manager 20 hr 135 $ 2,700 Senior Technical/Senior Engineer 60 hr 125 $ 7,500 Total $ 10,200 Total for Cleanup Oversite $ 99,175 TOTAL COST ESTIMATE $ 155,500 cost incivaes iuio suocontractor markup Page 574 of 644 Labor and Direct Costs Rate Schedule 2024 City of Waterloo Brownfields Cleanup Labor Hourly Bill Rate Senior Project Manager $135 Senior Technical/Senior Engineer $125 Project Manager $115 Staff Scientist $85 CADD $85 Administrative Support Staff $65 Other Direct Costs and Overtime: 1. Subcontractor direct costs will be invoiced at cost +10%. 2. Equipment use, rental and supplies not otherwise listed will be invoiced at cost -tl0%. Page 575 of 644 Page 576 of 644 Gaylen Hiesterman Branch Manager Branch Location • Waterloo, Iowa Education • BS, Geology, University of Northern Iowa, 1992 Professional Registrations/ Certifications • Certified Groundwater Professional, Iowa, Certification #1619 • OSHA 40 Hour Hazardous Waste Site Operations Health & Safety Course • OSHA 8 Hour Annual Refresher Training for Hazardous Waste Site Operations Professional Affiliations • Environmental Professionals of Iowa, Member PROFESSIONAL SUMMARY Mr. Hiesterman is a Senior Project Manager for Atlas serving the Midwest from the Waterloo, Iowa office. He has over 32 years of experience in environmental services. Mr. Hiesterman has extensive experience in managing and conducting environmental projects including site geologic, hydrogeologic and contaminant characterization for a variety of contaminants including petroleum, chlorinated solvents, metals and agricultural chemicals. Additional responsibilities include evaluation of remedial alternatives and development and implementation of Remedial Action Plans. He also provides professional review and assists in risk evaluation for numerous Phase I and Phase II Environmental Site Assessments. State and federal programs he has had regulatory involvement in include the LUST program of Iowa and Nebraska, Voluntary Cleanup Programs in Iowa and Nebraska, Pre-CERCLA Land Recycling Program in Iowa and RCRA and Superfund with US EPA Region 7. PROJECT EXPERIENCE Superfund Remediation Carbon Tetrachloride Remediation, Garvey Elevator, Hastings, NE (11/1/2020 to Present) Project Geologist/System Operator/Project Manager responsible for managing SVE and GET remediation systems, system operations and maintenance and quarterly site monitoring and reporting at the EPA's NPL site. Project includes multiple level soil vapor extraction wells, multiple groundwater extraction wells within the various levels of the aquifer, operations of two rotary lobe blower motors and an air stripper/re-injection to address historical releases of pesticide fumigates (carbon tetrachloride) into the subsurface. Operable Unit 1 addresses the source removal and clean-up mitigating further down gradient migration of chemical of concern into the local aquifer. Additional task include remote monitoring of system operations and management of staff performing routine maintenance and repairs. Coal Gasification Plant Monitoring, LeMars Coal Gas (LMCG), LeMars, IA (Fall 2020 to Spring 2023) Project Geologist/Project Manager responsible for managing semi-annual site monitoring and reporting at the EPA's NPL site. Project includes multiple groundwater monitoring wells within the various levels of the aquifer to address historical releases of DNAPLs (coal gas by-products) into the subsurface. Additional task include management of staff performing fieldwork and routine maintenance and repairs. VOC and Heavy Metals Monitoring, Midwest Manufacturing North Farm Sites (MMNF), Kellogg, IA (Fall 2020 to Spring 2023) Project Geologist/Project Manager responsible for managing semi-annual site monitoring and reporting at the EPA's NPL site. Project includes multiple groundwater monitoring wells within the various levels of the aquifer to address historical releases of LNAPLs and heavy metals (electroplating waste) into the subsurface. Further field activities included surface water, sediment and sub -slab vapor sampling to monitor potential impacts to sensitive receptors or site workers. Additional task include management of staff performing fieldwork and routine maintenance and repairs. White Farm Equipment Dump Site, Charles City, IA - VOC and Heavy Metals Monitoring - (January 2023 to October 2023) Project Geologist/Project Manager responsible for managing annual site monitoring and reporting at the EPA's NPL site. The project includes multiple groundwater monitoring wells within the multiple levels of the aquifer to address historical releases of LNAPLs and heavy metals (industrial waste) into the subsurface from the landfill. Further field activities included abandonment of existing monitoring wells, and installation of replacement monitoring wells to monitor potential impacts to sensitive receptors or general public, Additional tasks include managing staff, performing fieldwork, and performing inspection of the landfill cap. RCRA/CERCLA Investigations Site Assessment, Former Dry Cleaners, UICCU, Cedar Rapids, Iowa (2/2/2011 to 4/2/2014) Project Manager responsible for managing drilling and fieldwork for former dry cleaners. Managed soil and groundwater sampling. Completed Iowa OneAtlas.com Page 1 Page 577 of 644 Gaylen Hiesterman DNR Work Plan, Assessment Report and Remedial Action Plan for Iowa DNR review. Managed several years of groundwater monitoring and eventual site closure activities after Iowa DNR acceptance of No Further Action request. Site Assessment, Former Dry Cleaners, RB Investments, Cedar Rapids, Iowa (4/13/2018 to 2022) Project Manager responsible for managing drilling and fieldwork for former dry cleaners. Managed soil and groundwater sampling. Completed Iowa DNR Work Plan and Assessment Report for Iowa DNR review. Petroleum Remediation Petroleum remediation, Former Myers Service, Ridgeway, IA (4/1/2009 to present) Project Manager responsible for managing petroleum remediation, free product recovery and site monitoring at the LUST site. Project included initial use of low flow oxygen injection system to passively remediate petroleum contaminants. Additional remediation tasks included excavation of petroleum impacted material from the site and the adjoining city streets and land applying the soil allowing natural degradation to occur. Petroleum remediation, MRP Properties, Various Locations in Iowa (1/1/2011 to present) Project Manager responsible for managing soil vapor extraction system and chemical injection events for various LUST sites. Projects included installation and operation of soil vapor extraction system and multiple events of chemical oxidation and ISCO products as part of reducing petroleum contamination below applicable Iowa DNR site specific target levels at the various sites in Iowa. UST/LUST investigations LUST Assessment, Rainbo Oil Company, Delaware, lowa(1/1/2010 to present) Project Manager responsible for managing LUST assessment after petroleum release at Kwik Stop Food Mart facility in Delaware. Conducted assessment work at the site consisting of Iowa DNR Tier 2 Bedrock Assessment. Managed bedrock drilling, fieldwork, soil and groundwater sampling and completion of the risk based corrective action report. Initial report review by Iowa DNR accepted as High Risk and monitoring is pending. LUST Assessment, Annis Petroleum, Waterloo, Iowa (1/1/2010 to 12/31/2016) Project Manager responsible for managing LUST assessment after petroleum release at Former Lambs 66 facility in Waterloo. Conducted assessment work at the site consisting of lowa DNR Tier 2 Bedrock Assessment. Managed bedrock drilling, fieldwork, soil and groundwater sampling and completion of the risk based corrective action report. Initial report review by Iowa DNR accepted as High Risk and monitoring conducted until risk criteria met. LUST facility achieved No Further Action status and site closure activities completed. LUST Assessment, Various LUST Sites, Iowa & Nebraska Project Manager responsible for managing LUST assessments at active or closed LUST facilities in various cities in Iowa and Nebraska. Conducted numerous site assessment work at the sites consisting of Iowa DNR or Nebraska DEO Tier 1 or Tier 2 site assessments. Managed drilling and well installations, fieldwork, soil and groundwater sampling and completion of the risk based corrective action reports. Managed free product recovery at numerous sites including use of passive and active recovery technologies. Project Manager for site monitoring at >100 LUSTS as part of low risk or high risk corrective action. Site risks vary from High Risk to No Further Action with monitoring conducted until risk criteria met. LUST facilities that have achieved No Further Action status also had site closure activities completed. Extensive work and relationship with UST funding agency maximizing client reimbursement and minimizing delays on initiation of project tasks. Management of staff includes up to five full time inspectors working daily shifts during the day and night. Atlas maintains on on -site job trailer accredited by A2LA for rapid response to the client requests. OneAtias.com Page 2 Page 578 of 644 KEY PERSONNEL Scott Hanson, PE Senior Project Manager EXPERIENCE & RESPONSIBILITIES Scott is a project manager who is a licensed professional Civil Engineer in the State of Iowa, the State of Nebraska, the State of Kansas, and the State of Missouri. He is an Iowa licensed Asbestos Inspector and Project Designer and Iowa Certified Lead Inspector/ Risk Assessor. His professional employment history consists of 18 years of experience in various fields. These fields have primarily included Asbestos Inspection, Phase I Environmental Site Assessments, Property Condition Assessments, Spill Prevention Control and Countermeasure Plans, Leaking Underground Storage Tank Sites. Indoor Air Quality Assessments, CAD Drafting and Surveying, Geotechnical Engineering, and Construction Materials Engineering. Within these fields the primary responsibilities have included writing proposal, project management, performance of various associated activities, and analysis of data, report preparation, and report review. PROJECT EXPERIENCE PROPERTY CONDITION ASSESSMENTS Mr. Hanson has performed various Property Condition Assessment for various residential, retail commercial, industrial facilities of various sizes across the country. This work involves observations of various properties for defective components, and estimating the remaining useful life of various building components. Upon completion of the site observations Mr. Hanson has prepared reports for the properties to identify immediate repair needs and future repair needs, and includes anticipated costs. PHASE I ENVRIONMENTAL SITE ASSESSMENTS Mr. Hanson has performed various Phase I Environmental Site Assessments for various residential, retail, commercial, industrial facilities of various sizes across the country. Mr. Hanson has also prepared Phase I Environmental reports based on site observations and historic information, with any necessary recommendations. CONSTRUCTION DOCUMENT REVIEWS Mr. Hanson has performed limited construction document review which has included the review of project plans for completeness, conflicts, and potential issue. Upon completion of these reviews a report was prepared reporting any potential issues that were noted with the documentation. These reports were prepared generally prior to construction or upon construction completion. CONSTRUCTION LOAN MONITORING Mr. Hanson has performed various construction loan monitoring reports for various commercial projects. This work has involved comparison of reported completion work in reference to the actual completed work, review of documentation for the release of payment, and a report of observations and recommendations regarding payment. EDUCATION BS Civil Engineering, Iowa State University, with Distinction CERTIFICATIONS Professional Engineer: Civil (Iowa #19702) Professional Engineer: Civil (Nebraska #E-13388) Professional Engineer: Civil (Kansas #23298) Professional Engineer: Civil (Missouri #PE-2O14D01628) Asbestos Inspector (Iowa #23-9596) Lead Inspector/ Risk Assessor (Iowa # LEAD-INSP10100) TRAINING NRMCA Pervious Concrete Technician ACI Grade I Field Technician Microbial Investigation, Assessments and Remediation in the Indoor Environment NIOSH Equivalent PCM Certification ASTM [2018 - Property Condition Assessment 40 Hour HAZWOPOPER Training Page 579 of 644 Scott Hanson, PE Senior Project Manager ASBESTOS INSPECTIONS AND ABATEMENT MONITORING Mr. Hanson is an asbestos inspector who has been responsible for performing asbestos inspection surveys of commercial and residential properties for Asbestos Containing Materials, collecting samples of suspect materials, preparing reports and bid specification documents based on lab data. As an abatement monitor Mr. Hanson has provided oversight during the abatement of asbestos containment materials to assure proper abatement procedures are followed. Upon completion of abatement Mr. Hanson has performed visual and air clearance testing to assure removal of asbestos containing materials and that the work area is same to the public. Mr. Hanson is certified to analyze PCM asbestos air clearance samples in the field. INDOOR AIR QUALITY ASSESSMENTS Mr. Hanson has performed indoor assessments of various commercial and residential properties to identify causes of poor indoor air quality, or water infiltration issues. This work is performed with visual observations, moisture content readings, thermal imaging, testing for various indoor air quality parameters, sampling of the air with spore traps, and sampling by tape lifts samples. Upon completion of site observation information Mr. Hanson has prepared reported with recommended remediation activities. LEAD PAINT INPSECTOR/ RISK ASSESSOR Mr. Hanson has performed lead inspections of multi -tenant residential or commercial properties in Iowa. The inspections were performed by utilizing a direct read XRF or collection of paint samples to identify asbestos contents of various lead painted surfaces. Upon completion of the inspection Mr. Hanson would prepare reports of the results. SPILL PREVENTION, CONTROL AND COUNTERMEASURE (SPCC) PLANS Mr. Hanson has performed site observations and repaired SPCC plans for various facilities that store oil products and are subject to SPCC regulations. Mr. Hanson has also reviewed various SPCC plans for Engineer certification. LEAKING UNDERGORUND STORAGE TANKS (LUST) Mr. Hanson has performed sampling of soil and groundwater for analysis, monitoring for free products, and prepared Site Monitoring Reports for various LUST sites in Iowa. Mr. Hanson has also assisted in the installation and abandonment of groundwater monitoring wells. Mr. Hanson has also assisted with site remediation activities including soil excavations, soil vapor extraction system, chemical treatment systems, and remediation report preparation. GEOTECHNICAL ENGINEERING Mr. Hanson is a geotechnical engineer who has been responsible for determining soil sampling locations, drilling and sample collection, performing analysis of collected soil samples to determine soil properties, and developing geotechnical reports with site recommendations for various projects, generally in Iowa. Typical projects have included cell towers, grain bins, utility installation projects, parking lots and roadways, and typical single story buildings of various sizes. CONSTRUCTION MATERIALS ENGINEERING Mr. Hanson is a construction materials engineer who has performed and/or overseen various lab activities and field activities associated with typical construction projects. Mr. Hanson has also periodically performed more specialized field testing and inspection services such as masonry thermal imaging, concrete penetrating radar to identify rebar placement, structural steel bolt and welding inspections, fireproofing thickness, paint thickness, floor flatness, Windsor probe testing, and general project progress inspections. SITE PLANS AND SURVEY Mr. Hanson has performed basic surveying for site plan development. Mr. Hanson has also utilized Auto Cad to prepare basic site sketches to full dimensioned construction plan documents. Page 2 �r�TCIT�1 Page 580 of 644 TIM JACOBSEN, MPH, CIH PROJECT MANAGER EDUCATION Masters of Public Health (MPH), University of South Florida, 2007 Bachelors of Arts, Environmental Studies, Dordt University, 2000 High School Diploma, Geneva High School,1996 PROFESSIONAL REGISTRATION Certified Industrial Hygienist (CIH),1f11968CP EPA ACCREDITED ASBESTOS Asbestos Inspector/Planner Asbestos Project Designer Abatement Supervisor SPECIALIZED TRAINING 40-hour Hazardous Waste Operations and Emergency Response (29 CFR 1910.120) NIOSH 582e, 06/2001 EXPERIENCE & RESPONSIBILITIES Tim is a Building Science Project Manager for in the Omaha, Nebraska office. Mr. Jacobsen has been working in the asbestos industry since 2000 and specifically in Nebraska since 2008. Mr. Jacobsen provides all aspects of project management for the assessment, testing and mitigation of occupational exposures for the manufacturing, construction, government and health-care sectors. He works with clients to identify health and safety risks and proposes solutions to mitigate workplace hazards. Building -related hazards often include inspections and remediation of asbestos, mold, lead and indoor air quality, He provides technical review of data, reports, and sampling methods. Professional responsibilities include identifying hazards, and the mitigation of exposure to hazards, including asbestos, in various occupational and non - occupational environmental. Duties include cradle to grave project management during projects involving asbestos control, industrial hygiene, indoor air quality, and hazard assessments related to buildings. Exposure assessments have included noise exposure, welding fumes, silica, asbestos and other similar toxins. As Sr. Project Manager, he manages a staff of qualified environmental consulting professionals at multiple job sites and is a source of technical guidance for field personnel. PROJECT EXPERIENCE YEARS IN INDUSTRY Asbestos Inspections & Consulting / Omaha Public Power District / Fort Calhoun 23 and Omaha, Nebraska. Developed and implemented a comprehensive Survey and Sampling Plan (SSP) for the identification of friable and non -friable asbestos containing materials (ACM), hazardous materials, and universal waste throughout the Fort Calhoun Station in preparation of shutting down the nuclear power plant. Hazardous material identification included the sampling of building coatings/paint to ensure proper waste classification, handling, and remediation. Upon completion of the survey and sampling effort, remaining ACM was quantified by type of asbestos and location within the power plant, specifically by building, room, and elevation. Hazardous materials and universal waste were also identified in select areas of the facility. Asbestos, Indoor Air Quality and Mold Surveys / Wells Fargo / Nebraska -Iowa. Indoor Air Quality Study for Wells Fargo banking branches and employee office centers. Provided comprehensive indoor air quality study to evaluate indoor air contaminants in accordance with Wells Fargo corporate protocol. Reported findings based on comparison to industry standards including, but not limited to, the American Society of Heating, Refrigeration and Air Conditioning Engineers standard ASHRAE standards. Asbestos, Mold and Moisture Surveys / Nationwide Insurance / Nebraska -Iowa. Determined the cause and origin of moisture or mold resulting from insurance losses in residential buildings. Representative activities included moisture testing, mold sampling and photo -documentation. Developed a comprehensive drying/mold remediation protocol and provided contractor oversight during the remediation. Mold and Indoor Air Quality Assessment / Energizer Battery Plant / Maryville, Missouri. Provided comprehensive mold and indoor air quality investigation of the heating, ventilation and air conditioning (HVAC) system of aver 500,000 square feet of building space. Coordinated access into the duct system, documented mold growth, corrosion, and indoor air quality concerns. Provided technical support and on --going development for the remediation of the HVAC systems while plant continues manufacturing. 1 Page 581 of 644 TIM JACOBSEN, MPH Asbestos Management / Nebraska State Building Division / Lincoln, Nebraska. Services have included asbestos survey, project design, bidding services, and compliance air monitoring for OSHA personal exposures as well as State of Nebraska clearance requirements. Significant abatement projects include a 4-story structural fireproofing abatement and 3-story selective structural fireproofing abatement. Held construction meetings and managed contracts and change orders and contract and regulatory compliance inspections. Industrial Hygiene Surveys for BNSF Railway/ Various Tracks & Locations. Performed silica sampling on workers during locomotive sanding operations. Conducted noise dosimetry and area sampling in the Yard and Mechanic's Shop. Performed industrial Hygiene surveys within tunnel and bridge work environments including sampling for metals, dusts, diesel organics, silica, asbestos and solvents. Industrial Hygiene Sampling / Nucor Cold Finish, Norfolk, Nebraska. Conducted exposure monitoring for metals, noise and chemicals for OSHA compliance. Documented worker exposure risks and developed recommendations to senior management to reduce risks through engineering controls and personal protection equipment. Conducted personal exposure monitoring on a quarterly basis and interacted with employees to educate about exposures in the work place. Reviewed analytical data. Includes annual monitoring at the Norfolk plants over the past 10 years. Asbestos Management / University of Nebraska -Lincoln / Lincoln, Nebraska. Client point of contact for conducting asbestos, lead -based paint and mold related services for the University. Recent projects have included investigations and abatement of friable surfacing materials, PCB -caulk investigations, management, and post -removal verification services. Significant project in progress is the implosion of two 13-story residence dorms scheduled for abatement summer 2017. Project will include abatement of steam pipes, removal of ceiling texture, asbestos window glazing, PCB window caulks, and floor tile/mastic throughout. Indoor Air Quality Testing / Union College Campus / Lincoln, Nebraska. Provided consulting and testing to identify an odor in the Nursing Annex. Conducted a risk assessment for chlorine exposure at the new swimming pool in the Larson Lifestyle Center and multiple mold investigations of classrooms and dormitories. Asbestos, PCB, Mold and Indoor Air Quality Testing / University of Nebraska -Lincoln / Nebraska. On -call as a vendor for to University of Nebraska to prepare buildings for demolition by testing for asbestos, lead paint, PCB materials and to investigate IAQ complaints. PCB Testing and Remediation / UNL. Provided testing for PCB contamination of the building and soil analysis. Compliance oversite for the remediation practices and disposal procedures according to EPA -approved work plan. Asbestos Management / Iowa Department of Administrative Services / Des Moines, Iowa, Developed the selective abatement of asbestos structural fireproofing in the Iowa OSHA building. Designed the bidding documents, scope of work, and removal of the ACM from custodial areas during off -hours and weekends on a tight schedule. Provided liaison duties between state employees and administration. Developed a sampling and inspection plan to document controls were effective and properly utilized by the abatement contractor for the duration of abatement in the three-story office building. Iowa Lead Inspector/Risk Assessor / Multiple Landlords / Iowa. Conducted lead-free inspections in multi -family housing buildings. Prepared budgets, conducted lead testing using XRF technology in the field and provided detailed reports of the results and testing. 2 Page 582 of 644 Branch Location • Des Moines, Iowa Education • Cornell College, Mt. Vernon, IA; BS, Geology, 1992 • University of Iowa, Iowa City IA, MS Hydrogeology • University of Iowa, Iowa City, IA, MBA Professional Registrations/ Certifications Asbestos Inspector, Iowa, License Number, 23-9474 Specialized Training • OSHA 40 Hour Hazardous Waste Site Operations Health & Safety Course • OSHA 8 Hour Annual Refresher Training for Hazardous Waste Site Operations • NIOSH 582E Microscopist Atlas Start Date February, 2019 Eric Brown Environmental Technician PROFESSIONAL SUMMARY Mr. Brown is a Staff Geologist serving the Midwest from the DesMoines, Iowa office. He graduated from Cornell College with a Bachelor's of Science in Geology, University of Iowa with a Master of Science in Hydrogeology, University of Iowa with a Master of Business Administration and 14 years of experience in building science, due diligence, environmental and geologic services. Mr. Brown's expertise and experience include groundwater exploration, groundwater monitoring and remediation, free product monitoring and remediation, hazardous materials, underground storage tank closure services, emergency response services, building science (asbestos, lead, and other hazardous materials), CMT, and Phase I ESA. He is knowledgeable and practiced in the areas of State and EPA regulatory compliance, regulatory interpretation, program development, and the development and implementation of work place safety planning, engineering controls and corrective actions. Project Experience ■ Soil and Groundwater Sampling — Multiple Sites Throughout Iowa Geologist responsible for conducting groundwater sample activities in order to determine areas of contamination. Soil and groundwater assessment activities include; conducting geophysical surveys, processing and analyzing data from geophysical surveys, collecting soil and groundwater samples. ■ Site Monitoring and Remediation (Groundwater Monitoring/ Remediation and Free Product Monitoring/Remediation) — Multiple Sites Mr. Brown was responsible for monitoring/remediation activities for sites with impacted groundwater and free product. These activities include; sampling procedures, scope for assessment/delineation, mapping, sampling of contaminates, monthly checks, maintenance of the treatment systems and manual extraction of free product. ■ Emergency Response Services — Iowa Mr. Brown was responsible for emergency response services in Iowa. Emergency response services include; surface delineation of the contaminant, mapping the extent of the contaminant, oversite on the excavation of impacted soils, field screening, collecting soil samples and collecting groundwater samples of groundwater that infiltrated into the excavation pit during the removal of impacted soils. ■ Phase I Environmental Site Assessments — Various Locations Responsible for conducting site assessments, prepared, and written Phase I Environmental Site Assessments for tnultiple residential, commercial and light industrial properties throughout Iowa and Nebraska to investigate potential environmental conditions in accordance with client scope and ASTM Standard Practice E1527-13. It Asbestos Inspections — Various Locations Responsible for performing asbestos inspection surveys of commercial and residential properties throughout Iowa for Asbestos Containing Material, collecting samples of suspect materials, and preparing reports based on laboratory analytical. Branch office: Des Moines, IA Page 583 of 644 KELLY SCHV TT NATIONAL. BROWNFIELDS DIRECTOR Education BS, Reclamation, University of Wisconsin -Platteville, 2000 Specialized Training OSHA 40-Hour Hazardous Waste Operations Worker Certification, with annual refreshers CPR/First Aid Years of Experience 17 Atlas Hire Date 06/2022 EXPERIENCE & RESPONSIBILITIES Kelly Schmitt joined Atlas in June 2022, spearheading Atlas' nationwide brownfields initiative. She partners with offices across the country to expand and strengthen Atlas' brownfields portfolio. Her extensive experience encompasses brownfields redevelopment, environmental assessment, and remediation, as well as voluntary cleanup, acquired through her regulatory and consulting positions. Kelly's notable achievements include overseeing the Montana Department of Environmental Quality Brownfields Program for a five-year tenure, where she maintained close collaboration with the EPA. This experience positions her to guide clients through the intricacies of securing EPA brownfields funding. Kelly is a prominent figure on the national stage when it comes to composing brownfields grant proposals and has been actively engaged with EPA's brownfields program since 2003. She places great value on establishing strong partnerships with her clients. Kelly has a track record of leading public meetings, presenting at conferences, and guiding clients in fostering productive relationships with private property owners and the public, developing a shared understanding and enthusiasm for brownfields redevelopment. RELEVANT PROJECT EXPERIENCE Thrive West Central Brownfields Assessment Program, Terre Haute, IN Programmatic support for EPA Brownfields Assessment Grant: submit eligibility determinations, coordinate with EPA project officer, developed EPA approved QAPP, update EPA's ACRES database, complete quarterly reporting, provide programmatic strategy and guidance to ensure EPA cooperative agreement terms and conditions are met. Provides project management assistance. City of Kalispell Brownfields Assessment Program, Kalispell, MT Wrote and secured Kalispell's first three EPA brownfields grants: $400,000 for assessment, $1 million for a revolving roan fund, and $175,000 for planning. Guided city in developing its brownfields program. Conducted site inventory, drafted public outreach materials, wrote QAPP and Phase assessments. Copper Corridor Brownfields Coalition Assessment Program, Gila County, AZ Work with Coalition members to select sites, develop creative funding strategies, coordinate with EPA and Arizona DEQ, present at public forums, develop grant applications, manage budgets. City of Northglenn, CO Assisted the City in obtaining eligibility approval from EPA due to a lack of historical site and property ownership information. Assisted the City in developing a cleanup grant strategy for the Former Rec Center Site at the Civic Center Redevelopment. Coordinated with EPA, Colorado Department of Public Health and Environment, and KSU Technical Assistance to Brownfields to gather input and resources. EPA Grant Applications • Northglenn, CO Cleanup (2024) - Gila County, AZ, Environmental Justice Government to Government (2023) • Rebuild Superior, AZ, Environmental Justice Collaborative Problem Solving (2023) Indianapolis, IN Cleanup (2023) • Watershed, Inc., Buena Vista, CO Cleanup (2023) Kawerak, Inc, AK Assessment (2021) - Region IV Development Association, ID Assessment (2021) - Fort Belknap Community Economic Development Corp., MT Cleanup (2019) ▪ Blackfoot Tribe, MT Cleanup (2018) Great Northern Development Corporation, MT Coalition Assessment (2018) ▪ Big Sky Economic Development, MT Assessment (2017) ▪ Great Falls Development Authority, MT Assessment (2015) - Big Sky Economic Development, MT Assessment (2014) - Vernonia. OR Assessment (2012) ▪ Troutdale, OR Assessment (2012) Northeastern Oregon Development Corporation, OR Assessment (2012) Astoria, OR Multi -Purpose (2012) Cumberland Valley Area Development District, KY Assessment (2012) - Kalispell, MT Planning (2011) - Kalispell, MT Revolving Loan Fund (2010) — Kalispell, MT Assessment (2009) - Corpus Christi, TX Assessment (2008) - Miles City Housing Authority, MT Cleanup (2006) Page 584 of 644 CITY OF WATERLOO, IOWA REQUEST FOR PROPOSAL (RFP) REDO TO PERFORM PROFESSIONAL CONSULTING SERVICES AS A QUALIFIED ENVIRONMENTAL PROFESSIONAL (QEP) FOR: EPA CERCLA Section 104(K) Cleanup Grant Number: BF96705401-0 for Cleanup of Rath Buildings, 1442 Sycamore Street, Waterloo, Iowa City of Waterloo Request for Proposal (RFP) Redo Qualified Environmental Professional Consultant RFP Release Date: Monday, July 29, 2024 Submittal Due Date: Monday, August 19, 2024 at 5:00 PM (CST) Send to: City of Waterloo Planning Department Attn: Aric Schroeder 715 Mulberry Street Waterloo, Iowa 50703 PURPOSE OF REQUEST The City of Waterloo, Iowa is seeking proposals from Qualified Environmental Professionals (QEP) to act as a consultant and to assist with the management and implementation of a CERCLA Section 104(K) Cleanup Grant from the Environmental Protection Agency (EPA), Grant Number BF96705401-0, pertaining to environmental cleanup of former Rath buildings at 1442 Sycamore Street, Waterloo, Iowa. ABOUT THE PROJECT This RFP is for the purpose of selecting a Qualified Environmental Professional (QEP) to assist the City of Waterloo in completing environmental cleanup of former Rath Packing Company buildings at 1442 Sycamore Street in Waterloo, Iowa. The selected QEP will assist the City with: 1) Program Management, including but not limited to Quarterly Progress Reports, Final Programmatic Performance Report, Annual MBE/WBE forms, and Annual Federal Financial Reports, 2) Community Involvement, including but not limited to community outreach meetings, project partner meetings, development and printing of a project brochure, development and implementation of temporary on -site signage, development of press releases, and maintaining a project website, and 3) Site Cleanup, including but not limited to hiring and overseeing a third party air quality monitor, documentation, preparation and submittal for Section 106 compliance, documentation, preparation and submittal for Davis -Bacon compliance, assist in preparation of RFP for selection of an Asbestos Abatement Contractor, oversight and inspection reports for the abatement, and preparation and submittal of a final cleanup report. EXPECTED SERVICES, TASKS AND WORK REQUIREMENTS The City will enter into a Professional Services Agreement with the selected QEP for the implementation of this project. The selected consultant will complete all expected services and tasks to fully implement the grant and comply with all grant requirements, including reporting and final grant closeout. Final grant closeout is to occur by September 30, 2025. The anticipated timeline for tasks to be completed under the grant are as follows: Tasks Group 1, Program Management - Complete required documents (quarterly reports, annual financial statements, annual MBE/WBE forms, final programmatic report, etc.). Completed quarterly/annually as required. - Attend meetings with State and Federal agencies. Completed as needed. Page 585 of 644 Tasks Group 2, Community Involvement - Prepare, host and attend two community engagement open house events. Completed September '24/March `25. - Prepare and attend at least two project partner committee meetings. Completed September `24/April '25 - Develop, produce, and install temporary on -site signage to highlight the project. Completed September '24 - Develop and submit two press releases. Completed September '24/March '25 - Develop, print and distribute a project brochure. Completed September '24 - Create and maintain a highly -interactive project website. Created by September '24 and maintained throughout the project. Tasks Group 3, Site Cleanup Attend a project kickoff meeting with the EPA and IDNR. Completed September '24 Assist the City of Waterloo in preparing a Request for Proposal and bidding specifications for selection of an asbestos abatement contractor. Completed October '24 - Hire and oversee a third -party air quality monitoring contractor. October '24 - Review, preparation and submittal of documentation for Section 106 compliance. Completed February '25 Coordination with State/Federal agencies for appropriate documentation and permitting for asbestos abatement, including IDNR notification. Completed March '25 - Conduct on -site inspections of the asbestos abatement, including oversite of asbestos removal, encapsulations, hauling, and disposal of all Asbestos Containing Material (ACM) at the Black Hawk County Landfill Completed July '25. - Collect, review and submit documentation for compliance with Davis -Bacon wage requirements. Completed August '25 Prepare cleanup documentation and final cleanup report. Completed before September 30, 2025. Outputs (deliverables) include: - 6 Quarterly Progress Reports (QPRs) - 1 Final Programmatic Performance Report (FPPR) 2 Annual MBE/WBE forms - 2 Annual Federal Financial Reports - 1 project brochure (200 copies) - 2 press releases - 2 on -site temporary signs (4' x 8' or larger post signs) - Updated project website - Historical documentation to comply with Section 106 - Abatement bid specifications and drawings - Davis -Bacon documentation - 10 inspection reports - Final cleanup report WHAT TO INCLUDE IN YOUR PROPOSAL All submittals must include one original (bound) and five copies for review. Responses to this RFP shall include the following: 1. Name of the consultant and description of the consultant's qualifications and capabilities as they relate to managing similar grant projects, and complying with State and Federal requirements and reporting. 2. Names of the project manager and key personnel and proposed team of sub -consultants with reference to their experience or involvement in similar projects. 3. List of previous experience with projects that are similar to this project. Include contact information reference for each project. 4. Current and projected workload of the project manager and key personnel. 5. Describe the technical approach that will be used to complete the tasks described in this RFP. 6. Describe a comprehensive plan/Scope of Services for the project with anticipated schedule. 7. Provide anticipated costs to complete the expected services and to provide the anticipated deliverables. Page 586 of 644 EVALUATION AND SCORING (TOTAL 100) The City will select a consultant based on firm capabilities, key staff assigned to the project and their experience and availability, knowledge and past history of working in the community and working on similar projects, demonstrated knowledge of the objectives and goals of the project and technical approach to the project, and 1. Qualifications and experience of Firm, Project manager and key personnel/team of sub consultants. (25) 2. Previous experience with similar projects (10) 3. Comprehensive plan/Scope of Services with schedule. (5) 4. Current and anticipated project load (5) 5. Proximity to Community. We consider approximately 100 mile or about 2 hour drive to be local. (5) 6. The quality of proposal and demonstration on how your firm will meet the expected services and tasks and work requirements. (20) 7. MBE/WBE commitment (5) 8. Costs (25) We do not anticipate interviews unless the scores are close or the selection committee feels interviews with one or all proposers is needed. DATES AND OTHER INFORMATION There is not a specific goal for Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) (disadvantaged business) participation on this project, but a good faith effort for inclusion of MBE/WBE is required. The City of Waterloo will own all documents, including electronic media presentations, produced as a result of this contract. The selected QEP may use generated documents under the signed contract only with expressive permission from the City of Waterloo. Proposals will be accepted until 5:00 pm on Monday, August 19, 2024. Please limit the base of your proposal to 15 pages (double -sided) or less. You may include links or separate attachments about your firm if you feel this information might be needed — please include these in the appendix. There will be no formal proposal opening. The City of Waterloo is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the proposer. The City is not responsible for, and will not open, any responses that are received later than the date and time stated above. Proposals will not be accepted electronically or by facsimile. Send the original and five (5) copies of your submittal to: City of Waterloo Planning Department Attn: Aric Schroeder 715 Mulberry Street Waterloo, Iowa 50703 All questions must be submitted by email to Aric Schroeder at Aric.Schroeder@waterloo-ia.org by Monday, August 12, 2024. Responses to questions will be emailed out to all prospective consultants. After the RFP submittal deadline, the City of Waterloo anticipates to complete submittal review and make a consultant selection by Wednesday, August 21, 2024, and to have a finalized contract by Tuesday, September 4, 2024. Page 587 of 644 WORK PLAN FOR CERCLA SECTION 104(K) CLEANUP GRANT COOPERATIVE AGREEMENT Grant Number: BF96705401-0 Rath Buildings 1442 Sycamore Street Waterloo, Iowa Project Period October 1, 2023 — September 30, 2025 Submitted by: City of Waterloo Iowa 715 Mulberry Street Waterloo, Iowa 50703 Contact Person: Noel Anderson noel. anderson@waterloo-ia. orq 0- 319.291.4366 C- 319.290.6357 CITY OF .y ATERLOO Community of Opportunfry 1 Page 588 of 644 EPA Goal 6: Safeguard and Revitalize Communities Objective 6.1: Clean Up and Restore Land for Productive Uses and Healthy Communities CFDA — 66.818 Assessment, Cleanup, and Revolving Loan Fund Grants Grant Number: BF96705401-0 City of Waterloo, Iowa Work Plan for CERCLA Section 104(k) Cleanup Grant Cooperative Agreement October 1, 2023- September 30, 2025 1.0 INTRODUCTION Waterloo is a community of 67,314 located along the banks of the Cedar River. The former "Factory City of Iowa" built its economy on several large industrial operations, most of them farming -related, and access to an expansive railroad network. Employers such as John Deere and Rath Packing Company provided thousands of stable, well -paying jobs (8,000+) to the region for much of the twentieth century. Businesses across the country sold high -quality goods produced in Waterloo including tractors, metal toolboxes, and canned meats. The city's fortunes abruptly changed in the 1980s as a deep agricultural recession dramatically shook the community that overly depended on a narrow economic foundation. Rath Packing Company relocated to Waterloo's riverfront from nearby Dubuque in 1891. Originally focused on pork, the business expanded into beef slaughtering to become the state's fourth largest packing operation by 1908. Lucrative World War I and II provisioning contracts later fueled plant expansions. The state-of-the-art complex comprised of more than 130 buildings by 1940 and represented the "...epitome of mid -twentieth-century packinghouse design: a multi -story complex that funneled operations from the abattoir on the top floor through various cooking, smoking, and other processes on the 2 Page 589 of 644 mid -levels to packaging on lower levels and distribution on the ground floor. 1" A national distribution system with centers in Houston, Dallas, San Antonio, Los Angeles, Seattle, and New York helped prominently place the trademark Indian head logo in meat counters across the country. In fact, Rath maintained a payroll of 9,000 and purportedly ran the largest multistory, single -unit meatpacking plant in the world at its height in the 1950s2. Labor unrest, outdated facilities, and changes in consumer eating habits began eroding company profits as early as the 1960s. Tensions between the management and union led to frequent strikes. One incident requiring National Guard intervention even resulted in a worker's death. Further, competitors began constructing more efficient, single -story plants to undercut the old-style packer. An inability to retrofit its facilities meant higher operation costs for Rath. Making matters worse, per capita pork consumption began to fall precipitously. These circumstances ultimately culminated in the company's demise in 1985. Rath's bankruptcy vacated 2,013,490 square feet of industrial space across 75 acres in a fringe downtown residential neighborhood, including the buildings targeted under this grant for cleanup. This work plan provides information on the proposed activities, budget, and timeline for the EPA Cleanup Grant to be awarded to the City. 2.0 ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES The City will assign monitoring and compliance authority to Mr. Noel Anderson, Community Planning and Development Director, and Mr. Seth Hyberger, Planner I. This ensures a level of project continuity as Noel has been with the City of Waterloo since 1995 and Seth since 2016. Each is currently implementing the City's Community -Wide Assessment Grant. These individuals will ensure the timely and successful expenditure of funds and completion of all technical, administrative, and financial requirements of the project and grant. In the unlikely event of significant turnover, the City will retain project leadership using other staff experienced in the program. Mr. Aric Schroeder, City Planner, and Ms. Adrienne Miller, Planner II/Economic Development Specialist, have worked on numerous brownfields projects. Mr. Schroeder coordinated between the City's environmental contractor and IDNR officials 1,, Bringin' Home the Bacon: The Rath Packing Company in Waterloo (1891-1985) 3 Page 590 of 644 to facilitate the conversion of a permitted dumping site to a greenspace under a past cooperative agreement while Ms. Miller sits upon the Iowa Economic Development Authority's Redevelopment Tax Credit Advisory Board. The City will acquire additional expertise and resources required to implement the grant through the services of a qualified professional. 4 Page 591 of 644 3.0 FUNDING Cleanup Grant Budget Budget Category TASK 1 Program Management TASK 2 Community Involvement TASK 3 Site Cleanup Totals Personnel $6,800 $5,550 $8,580 $20,930 Fringe Benefits $1,225 $1,000 $1,545 $3,770 Travel $3,000 $3,000 Supplies $4,400 $4,400 Contractual $23,000 $18,500 $89,000 $130,500 Construction $479,800 $479,800 Total $34,025 $29,450 $578,925 $642,400 4.0 BUDGET NARRATIVE Personnel and Fringe Benefits: $24,700 The proposed personnel and fringe benefits budget is included in Tasks 1 — 3. The funds will cover costs associated with procuring a qualified contractor; assisting in preparing required documents; and attending agency meetings (Task 1); hosting outreach meetings; preparing press releases; and coordinating partner meetings (Task 2); and reviewing Section 106 documentation needs; reviewing and letting bid documents; procuring an asbestos abatement contractor; and overseeing cleanup activities (Task 3). Fringe Benefits are figured at 18% of costs for staff salaries and benefits in whole (insurance, FICA, IPERS, longevity, etc.). Travel: $3,000 The proposed travel budget is included in Task 1 - Program Management. One city staff member will attend a national brownfields conference. This will provide an opportunity to network and learn new methods and strategies for brownfield redevelopment and reducing environmental impacts on sensitive populations. 5 Page 592 of 644 Supplies: $4,400 The proposed supplies budget is included in Task 2 — Community Involvement. The funds will offset production and installation of temporary on -site signs highlighting the project and printing costs for the brochure and outreach meeting posters/notices for distribution. Contractual: $130,500 The proposed contractual budget is included in Tasks 1 — 3. The contractual budget will offset costs associated with the Qualified Environmental Professional (QEP) completing required programmatic documentation and leading project coordination efforts with IDNR and EPA (Task 1); conducting community involvement activities including preparing and attending two outreach meetings, maintaining a highly -interactive project website, and creating a brownfields brochure (Task 2); and reviewing existing historical record for former Rath buildings and assessing additional Section 106 needs; attending project kickoff meeting and project coordination meetings for plan development and on -site observation; developing bid documents and specifications; completing IDNR notification and removing, encapsulating, hauling, and disposing of ACM at a permitted solid waste facility; conducting site inspections including Davis -Bacon; and preparing the final cleanup report (Task 3). Construction: $479,800 The proposed construction cost for the project are all encompassed within this total as it relates to project safety and asbestos remediation for the Rath facility. 5.0 WORKPLAN ACTIVITIES Task 1 (Program Management)- Task 1 involves satisfying programmatic requirements of the grant (e.g., procuring/overseeing a QEP, producing necessary reporting documentation, attending regulatory agencies meetings, and attending an educational conference). City costs: $8,025- Procure a qualified contractor ($3,000); assist in preparing required documents ($2,000); and attend agency meetings ($3,025). Contractor costs: $23,000- complete required programmatic documentation ($15,500) and lead project coordination efforts with IDNR and EPA ($7,500). Travel Costs: $3,000- One city staff member to attend a National Brownfields Conference ($1,200/flight, $700/hotel, $650/car rental, and $450/meals). 6 Page 593 of 644 Task 1 Activities Target Quarter or Milestone Prepare an RFQ and hire a QEP via a competitive selection process. QTR 1 of Year 1 Complete required documents (quarterly reports, annual financial statements, annual MBE/WBE forms, final programmatic report, etc.). Quarterly/annually as required Attend meetings with state and federal agencies. Ongoing/as needed. Attend a national brownfields conference. TBD Task 2 (Community Involvement)- Task 2 continues extensive community involvement activities such as hosting meetings, updating/maintaining outreach tools, and coordinating with project partners. City costs: $6,550- Host outreach meetings ($3,500); prepare press releases ($1,000); and coordinate partner meetings ($2,050). Contractor costs: $18,500- Preparation and attendance at two outreach meetings ($6,000/event); update the highly -interactive project website ($4,000); and create a project brochure ($2,500). Supplies: $4,400- Production and installation of temporary on -site signs highlighting project ($4,000) and printing costs for the brochure and outreach meeting posters/notices for distribution ($400). Task 2 Activities Target Quarter or Milestone Preparation for and attendance at two open house events. QTR 2 of Year 1 and QTR 4 of Year 2 Preparation for and attendance at two project partner committee meetings. QTR 2 of Year 1 and QTR 4ofYear 1 Install on -site signage. QTR 2 of Year 1 Two annual press release. QTR 4 of Year 1 and 2 Create brownfields program brochure. QTR 2 of Year 1 Create and maintain brownfields project website. Ongoing Task 3 (Site Cleanup)- Task 3 focuses on remediating the former Rath buildings including coordination with state/federal agencies for appropriate documentation and permitting. City costs: $10,125- Coordinate kickoff meeting ($1,000); Review Section 106 documentation needs ($3,000); review and let bid documents ($3,000); procure an asbestos abatement contractor ($1,500); and oversee cleanup activities ($1,625). Contractor costs: $89,000- Review existing historical record 7 Page 594 of 644 for former Rath buildings and assess additional Section 106 needs ($10,000); attend project kickoff meeting and project coordination meetings for plan development and on -site observation ($4,000); develop bid documents and specifications ($20,000); complete IDNR notification and remove, encapsulate, haul, and dispose of ACM at a permitted solid waste facility ($379,875); conduct site inspections including Davis -Bacon ($45,000 at —$4,500/report for up to 10 site inspections); and final cleanup report ($10,000). Task 3 Activities Target Quarter or Milestone Host project kickoff meetings with EPA and IDNR QTR 2 of Year 1 Produce cleanup specifications and bid documents QTR 3 of Year 1 Put project out to bid QTR 4 of Year 1 Procure an Iowa -licensed asbestos abatement contractor QTR 4 of Year 1 Asbestos abatement contractor to notify state agencies prior to abatement activities QTR 1 of Year 2 Asbestos abatement, oversight, and inspections QTRs 1, 2, and 3 of Year 2 Cleanup documentation and final cleanup report QTR 4 of Year 2 6.0 PROJECTED PROJECT OUTPUTS and OUTCOMES: Outputs Task 1: Program Management • 8 Quarterly Progress Reports (QPRs); • 1 Final Programmatic Performance Report (FPPR); • 2 Annual MBE/WBE forms; • 2 Annual Federal Financial Reports; and, • Staff attendance at a National Brownfields Conference. Task 2: Community Involvement • 2 outreach meetings; • 2 project partner meetings; 8 Page 595 of 644 • 1 project brochure; • 2 press releases; • On -site signage; and, • Updated project website. Task 3: Site Cleanup • Historical documentation to comply with Section 106; • Abatement bid specifications and drawings; • Davis -Bacon documentation; • 10 inspection reports; and, • Final cleanup report. Outcomes Program Management — Preparing required documentation will ensure the timely and successful expenditure of funds and completion of all technical, administrative, and financial requirements of the project and grant. Community Involvement — Outreach activities will ensure the community is well informed of project progress. Tools such as the highly interactive project website and social media promote project transparency. Public meetings will help interested citizens participate in the decision -making process. Site Cleanup — Asbestos abatement will allow the City to continue the redevelopment of the underutilized property by creating new industrial space for development. This transition will continue to create a healthier former Rath -area neighborhood, expand the local tax base, create new jobs, and help stem urban sprawl. 7.0 QUALITY ASSURANCE: Will environmental data be collected under this agreement? Yes X No Does the City of Waterloo have an approved Quality Assurance Project Plan? Yes X_ No _ The specifications of the project will serve for quality assurance for the removal of asbestos. 9 Page 596 of 644 10 Page 597 of 644 riikr lb C 2 o ra 44. gm 74. O? 44 PRoo- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY The Honorable Quentin Hart Mayor of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Mayor Hart: WASHINGTON, D.C. 20460 May 25, 2023 OFFICE OF LAND AND EMERGENCY MANAGEMENT On behalf of the United States Environmental Protection Agency (EPA), I am pleased to congratulate you and confirm that the City of Waterloo was selected as one of the entities EPA will begin negotiations with to award a cooperative agreement for a Cleanup Grant. The City of Waterloo submitted an outstanding application, and we deeply appreciate the tremendous commitment of time and energy that went into its preparation. Since its inception in 1995, EPA's Brownfields Program has worked to help states, Tribal Nations, and communities around the country clean up and revitalize brownfield sites. We fully expect that these brownfield projects will provide benefits to the environment and economy of local communities. Stanley Walker, your Regional Brownfields Contact, will work closely with the City of Waterloo to negotiate the cooperative agreement prior to the grant award. You may contact Stanley Walker at 913-551-7494 or walker.stanley@epa.gov. Again, congratulations on being selected! We look forward to working with you. Sincerely, ae-1,' 14(2 David R. Lloyd, Director Office of Brownfields and Land Revitalization cc: Stanley Walker Noel Anderson Page 598 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Impact7G, in an amount not to exceed $3,200.00, to complete a phase I Environmental Site Assessment for a city -owned lot along Leversee Road within the Waterloo Air and Rail Park, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The agreement will allow for Impact7G to complete a Phase I Environmental Site Assessment on a 66 acres of land within the Waterloo Air and Rail Park along Leversee Road NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Bonds and TIF ALTERNATIVE ACTION LEGAL DESCRIPTION A portion of Black Hawk County Parcel 8913-05-101-016. ATTACHMENTS Page 599 of 644 1. psa-08264_Waterloo _Phase _I_ESA _Airport 2. Waterloo Warp Development Park Page 600 of 644 IMPACT? �\ 8951 Windsor Parkway, Johnston, IA 50131 515.473.6256 • info@impact7g.com www.impact7g.com Professional Services Agreement (PSA) Project: Phase I Environmental Site Assessment Property: 66-Acre Portion of 2790 Livingston Lane, Waterloo, IA Date: 8/26/2024 Client: City of Waterloo Contact: Address: Mr. Noel Anderson 715 Mulberry Street City/State/Zip: Waterloo, IA 50703 Phone: 319-291-4366 Email: noel.anderson@waterloo-ia.org AGREEMENT made this 26th of August 2024, by and between the service provider, Impact7G, Inc. ("Impact7G") and City of Waterloo, Iowa ("Client"). WHEREAS, the Client intends to engage the services of Impact7G to: complete a Phase I Environmental Site Assessment (ESA) of the site described below in Section 1 (the "Property"). WHEREAS, Impact7G agrees to provide said services pursuant to the terms of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Project Impact7G agrees to complete a Phase I ESA for the Property as defined below: Property Address(s): Part of 2790 Livingston Lane, Waterloo, Iowa 50703 Parcel ID(s): Property Acreage: A portion of Black Hawk County Parcel 8913-05-101-016 (Property area/location to be confirmed by Client upon approval) 66 acres Impact7G will complete the Phase I ESA report in accordance with ASTM E1527-21, the Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (the "ASTM E1527-21 Standard Practice"). 2. Scope of Services This Project scope includes preparing a Phase I ESA report in general accordance with the ASTM Sustainable Environmental Solutions Page 601 of 644 Professional Services Agreement City of Waterloo, Iowa 08/26/2024 E1527-21 Standard Practice for the purpose of identifying recognized environmental conditions (RECs) in connection with the Property, at least to the extent feasible pursuant to the processes described in the referenced practice. An environmental professional, as defined by 40 CFR §312.10(b), will oversee and/or conduct all elements of this Project scope and provide opinions in the Phase I ESA report. The Project scope also includes documenting the results of an inquiry per United States Environmental Protection Agency's All Appropriate Inquiries Rule, or AA! (as promulgated by 40 CFR §312). In conducting this Project scope, Impact7G will utilize the Phase I ESA elements and methods outlined in Sections 7 through 12 of the ASTM E1527-21 Standard Practice. This includes the following components: • The Records Review will include obtaining and reviewing records that will help identify RECs in connection with the Property. • The Reconnaissance will include a visit to the Property to collect information and make observations to help identify RECs. • Interviews with Past and Present Owners, Operators, and Occupants will obtain information about current and past features, uses, activities, and conditions at the Property in support of identifying RECs. • Interviews with State and/or Local Government Officials will obtain commonly known information or records about the environmental condition of the Property or surrounding area. • The Evaluation and Report Preparation will report the findings and conclusions of the Phase I ESA, supported by the Environmental Professional's opinions and appropriate documentation to support the findings. 3. Impact7G Responsibilities Impact7G hereby agrees to: Provide the professional services as set forth in this Agreement; and Perform said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 4. Client Responsibilities Client hereby agrees to: (i) Provide both unrestricted access to the Property for Impact7G to perform the Reconnaissance and a knowledgeable representative who will be available to provide access to any structure interiors and answer questions relating to the use of the Property and its operations; (ii) Provide contact information for the Property's owner and occupants, as well as any former owners, operators, or occupants that are reasonably known to the Client; (iii) Provide copies of any previous environmental assessments or other reports or commonly known information that may be pertinent to the environmental condition of the Property; and (iv) Should the Client (or User of the Phase I ESA report, if different) want to qualify for innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (i.e., the landowner liability protections, or LLPs, the Client must also provide a completed User Questionnaire (see Attachment 1 of this Professional Services Agreement). Sustainable Environmental Solutions • Page 2 Page 602 of 644 Professional Services Agreement City of Waterloo, Iowa 08/26/2024 5. Schedule Impact7G will initiate the Project Scope of Services upon receipt of the executed Professional Services Agreement (PSA) from the Client. Impact7G anticipates being able to prepare the Phase I ESA report within approximately four weeks of receiving the signed PSA. 6. Project Cost, Payment and Termination The Client shall pay Impact7G the lump sum cost outlined in the table below for the performance of this Agreement. Direct costs such as communications, postage, routine printing, and copying are not invoiced separately, but are included with the lump sum cost to streamline the accounting process and reduce overhead costs. Project Tasks - 66-acre portion of 2790 Livingston Lane, Waterloo, Iowa Cost Phase I Environmental Site Assessment $3,200.00 TOTAL $3,200.00 Invoices for Impact7G's services will be submitted every 30 days or upon project completion if project completion is less than 30 days. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, Impact7G may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, suspend or terminate the performance of services. Time and material costs will be adjusted annually in accordance with rate increases paid to personnel, inflation, and market conditions. 7. Work Product All field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by Impact7G as instruments of service and/or used in the preparation of the final project deliverables shall remain the property of Impact7G. All project documents including, but not limited to, plans and specifications furnished by Impact7G under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by Impact7G, shall be at the Client's sole risk, and Client shall defend, indemnify and hold harmless Impact7G from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the Client be deemed a sale by Impact7G, and Impact7G makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall Impact7G be liable for indirect or consequential damages as a result of the Client's use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, Impact7G reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. Client shall retain copies of the work performed by Impact7G in electronic form only for information and use by Client for the specific purpose for which Impact7G was engaged. Said material shall not be used by Client or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by Impact7G without Impact7G's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at Client's sole risk. Furthermore, the Client agrees to defend, indemnify, and hold Impact7G harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. Sustainable Environmental Solutions • Page 3 Page 603 of 644 Professional Services Agreement City of Waterloo, Iowa 08/26/2024 8. Project Site The Client agrees to use good faith efforts to maintain a safe Project site for Impact7G staff and, as applicable, subcontractors and assigns. Such good faith efforts shall include, but not exhaustive, ensuring that Project site is free and clear of any imminent hazards that pose a direct and immediate danger to any such individual potentially affected. 9. Claims and Disputes Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or Impact7G. Impact7G's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against Impact7G because of this Agreement or the performance or nonperformance of services hereunder. The Client and Impact7G agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision. The Client shall make no claim for professional negligence, either directly or in a third party claim, against Impact7G unless the Client has first provided Impact7G with a written certification executed by an independent professional currently practicing in the same discipline as Impact7G and licensed in the State in which the claim arises. 10. Limited Liability The Client agrees, to the fullest extent permitted by law, to limit the liability of Impact7G and Impact7G's officers, directors, partners, employees, shareholders, owners and subconsultants to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of Impact7G and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed $50,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 11. Mediation In an effort to resolve any conflicts that arise during the project or following the completion of the project, the Client and Impact7G agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The Client and Impact7G further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 12. Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 13. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the state of Iowa. 14. Assignment Neither the Agreement nor any of the rights or obligations arising under the Agreement may be assigned without prior written consent. This agreement is approved and accepted by the Client and Impact7G upon both parties signing and dating the agreement. The effective date of the agreement shall be the last date entered below. Sustainable Environmental Solutions • Page Page 604 of 644 City of Waterloo, IA Impact7G, Inc. Project Accepted by: Manager: Printed/ Printed/ Typed Name: Typed Name: Title: Date: Date: Professional Services Agreement City of Waterloo, Iowa 08/26/2024 Yl-pe P/frt'/1f1Tv Steve Prideaux 8/26/2024 Sustainable Environmental Solutions • Page 5 Page 605 of 644 Professional Services Agreement City of Waterloo, Iowa 08/26/2024 ATTACHMENT 1 PHASE I ESA USER QUESTIONNAIRE Sustainable Environmental Solutions • Page 6 Page 606 of 644 Phase I Environmental Site Assessment User Questionnaire (modeled from Appendix X.3 of the ASTM E1527-21 Standard Practice) A. Purpose: To qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the "Brownfields Amendments"), the User must conduct the following inquiries (Section C, below) required by 40 C.F.R. §§312.25, 312.28, 312.29, 312.30, and 312.31. These inquiries must also be conducted by EPA Brownfield Assessment and Characterization grantees. The User should provide to the environmental professional the following information for the property subject to the Phase I ESA (the "Property"). Failure to conduct these inquiries could result in determination that "all appropriate inquiries" is not complete. B. User and Property Information: 1. Name / Organization of User 2. Date Questionnaire was completed 3. Property Address(es) (please provide Property map or other records, if necessary, to identify all parcels and boundaries) C. Results of Property Inquiries: This section is to be completed by the User of the Phase I Environmental Site Assessment (ESA) report. Please include any lengthy responses on a separate sheet and refer to the number or letter of the item from this page. 1. Environmental liens that are filed or recorded against the Property (40 CFR §312.25). Did a search of land title records (or judicial records* where appropriate) identify any environmental liens filed or recorded against the Property under federal, tribal, state, or local law? 2. Activity and use limitations that are in place on the Property or that have been filed or recorded against the Property (40 CFR §312.25). Did a search of land title records (or judicial records* where appropriate) identify any activity and land use limitations (AULs), such as engineering controls, land use restrictions, or institutional controls that are in place at the Property and/or have been filed or recorded against the Property under federal, tribal, state, or local law? *In certain jurisdictions, federal, tribal, state, or local statutes, or regulations specify that environmental liens and AULs be filed in judicial records rather than in land title records. In such cases judicial records shall be searched for environmental liens and AULs. Phase I ESA User Questionnaire Page 1 of 3 Page 607 of 644 3. Specialized knowledge or experience of the person seeking to qualify for the LLP (40 CFR §312.28). Do you have any specialized knowledge or experience related to the Property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the Property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? 4. Relationship of the purchase price to the fair market value of the Property if it were not contaminated 40 CFR §312.29). Does the purchase price being paid for this Property reasonably reflect the fair market value of the Property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the Property? 5. Commonly known or reasonably ascertainable information about the Property (40 CFR §312.30). Are you aware of commonly known or reasonably ascertainable information about the Property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example (summarize details, if known): (a.) Do you know the past uses of the Property? (b.) Do you know of specific chemicals that are present or once were present at the Property? (c.) Do you know of spills or other chemical releases that have taken place at the Property? (d.) Do you know of any environmental cleanups that have taken place at the Property? Phase I ESA User Questionnaire Page 2 of 3 Page 608 of 644 6. The degree of obviousness of the presence or likely presence of contamination at the Property, and the ability to detect the contamination by appropriate investigation [40 CFR §312.31). Based on your knowledge and experience related to the Property, are there any obvious indicators that point to the presence or likely presence of releases at the Property? D. Additional Information to Support the Phase I ESA: This information is intended to assist the environmental professional in competing the Phase I ESA report, but it is not necessarily required to qualify for one of the LLPs as part of "all appropriate inquiries." 1. State the reason(s) the User is performing this Phase I ESA. 2. Describe the current use and occupancy of the Property subject to this Phase I ESA. 3. Summarize any other knowledge or experience with the Property that may be pertinent to the environmental condition of the Property or useful to the environmental professional completing the Phase I ESA report. This could include prior environmental assessment reports, compliance reports, or other documents or correspondence. Provide copies of reports or correspondence, where possible. Phase I ESA User Questionnaire Page 3 of 3 Page 609 of 644 Waterloo Air and Rail Park Waterloo, Iowa i f II �_ i� I Waterloo ' Regional Airport: Approx. 62 Acres N ......0.41 r i =- , LI � rA. cR., 4 _ .. _- ar Falls Site Location s..4, �.n T.. IF� *Fin :.rers=dMe17�' dr .N: a! •�_ x .a i — -^ - -• :.�: 1 ... Y.y .:.; tir 'T, — f _ 1.400 - q"'.' anCs,dal sr., om om, 1-, Garmin, Safe h, METI/ NASA, U5G5,. PA, NPS, +a�ws..,..sawr ,— A . • A Rail Road —'owa �;' 3 '1Th USrCISri, NASA _..,. —, . o . `` ,. NGA USGS, FEMA Washburn f. �.` _ E F.: F € ., .. 'Rim.eam °a.:./m::.• +9 '" W A IML1NL iTWY • 001..E rrrwrwseam* ebb rSlNA a•••. .e.,......0...w ,,.• Of rr y rr,..:cer�fiI� r :CrrJr �II `I 5i ��RIDR WAY S :47.� FJ I: A.' �^ f �'• U, "—'te . w� . 2 ? =- .1: ..A�[d J�� ❑ -:_ _� y ` .. ! w..�i+m.m.a sdwrcrqarr..awrr�y.M 4� TM C�/YhMYeIrY. wfrw,ryl ylra •, o • • r erp 0M.yaryrrllNr Y�1r1r •.r�e ulwa r...xrr.mdrr .,P.A.0 .ew.an. ~a1+. „',.�... Pa * --- v O �j �v.�•! 610 644 P * 1 O �I:i ' UJ y,rr-m ❑ 1 g ,r'.,p f� • cc-- ,: BUT R; 'T LAI r-�c-- _ _ , ,, . e of CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bill Beck, Fire Chief September 3, 2024 Fire Rescue Department AGENDA ITEM TITLE Resolution approving a purchase proposal with Racom for a G2 Fire Station Alerting System, and authorizing the Fire Chief 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. Racom Purchase Agmt - Station Specific Paging Page 611 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY 213 SE 16th St Pella, IA 50219 Ph: 641-628-1724 Cell 641-780-1007 duane.vos@racom.net www.racom.net Proposal Prepared for: Waterloo Fire Department Address 425 E 3rd St City Waterloo State & Zip Code IA 50703 County Black Hawk Phone/FAX 3192914460 Contact Name Chief Bill Beck Contact E-mail mailto:bill.beck@waterloo-ia.org USDD G2 Primary Dispatch G2 FSA System ITEM QTY PART NO. DESCRIPTION UNIT EXTENDED 1 Primary Dispatch G2 FSA System $ - $ - 2 1 CADI-P CAD Interface - ShieldWare (USDD-side Only - Customer responsibility to discuss CAD -side costs (if any) with their vendor) $ 14,250.00 $ 14,250.00 3 1 G2-GW G2 Communications Gateway Pair (Hardware for CAD interface) 2@1 RU each (2RU Total) $ 12,510.00 $ 12,510.00 4 1 GaRI2 G2 Gateway Audio Radio Interface (GaRi) - Kitted with Flange -Mount, Rack -Mount Adapter Available if needed $ 2,817.50 $ 2,817.50 5 50 GW-CM Gateway Configuration & Modifications $ 373.75 $ 18,687.50 6 1 GW-I-C Gateway Installation / BY CUSTOMER (with REMOTE ASSISTANCE by USDD Personnel) $ 375.00 $ 375.00 7 1 GW-SU-O Gateway Start -Up / On -Site BY USDD $ 6,813.75 $ 6,813.75 8 1 GW-PM Gateway Project Management $ 344.87 $ 344.87 9 1 TRA-DIS-O Training - System Administrator / Dispatch Supervisor - On -Site (4 Hours) $ 5,008.75 $ 5,008.75 9 Training - USDD Station Training, Confirguration and Equipment $ 5,310.00 $ 5,310.00 10 1 MAP-CLD G2 FSA Mapping Srvr - Yrly Hosting Cost (Cld/USDD Hosted) Using Nat St Data we provide, as -is N/C $ - $ - 11 1 MAP -CM System Configuration and Modification for Mapping $ 325.00 $ 325.00 12 1 MAP -PM Mapping Gateway Project Management I $ 415.00 $ 415.00 13 1 RS-1YR-STD Year 1 Warranty provided with Purchase of Dispatch System - at N/C when system is in support contract $ - $ - 14 RS-AYR-STD Each Additional Year (12-Months) Warranty & Support for this Dispatch $ 2,957.75 $ - 15 1 Al RACOM On Site Installation Services with Year 1 Support $ 9,075.00 $ 9,075.00 16 1 Al -PM Overall FSA system Project Management $ 10,000.00 $ 10,000.00 17 1 MISC MISC Wiring / Brackets for Installation $ 2,000.88 $ 2,000.88 18 $ - $ - 19 4 WAR-EXT Year 2,3,4,5 USDD Warranty and Support per year $ 2,957.75 $ 11,831.00 20 4 Al -RAC -SUP Year 2,3,4,5 Remote and On Site Support - RACOM per year $ 1,980.00 $ 7,920.00 21 $ - $ - 22 5 WAR-EXT Year 6,7,8,9,10 USDD Warranty and Support per year $ 2,957.75 $ 14,788.75 24 5 Al -RAC -SUP Year 6,7,8,9,10 Remote and On Site Support - RACOM per year $ 2,220.00 $ 11,100.00 25 $ - $ - 26 $ - $ - 27 $ - $ - Terms of Purchase: Dispatch to Station Network by City. Station Network and 16/4 Cabling, Cable pathway, back boxes installation provided by City with RACOM support. Shipping Fees Estimated, Actual Invoiced. Year 1 Warranty and Support included at No Cost. Year 2-10 extended warranty and maintenance included G2 MOBILE FSAS APP - Single Dev Lic - Up to 24 Lic-Per-ATX = $0.00 ea as long as system has support . Quote Tax Rate Total Equipment Price Installation Subtotal Taxes Shipping Total $ 133,573.00 $ 133,573.00 $ 1,200.00 $ 134,773.00 System Description: Waterloo Fire Department USDD Primary Dispatch G2 Fire Station Alerting System. Proposal Presented By: D Vos Proposal Accepted By: Date: 8/9/2024 Date: City of Waterloo Fire Department USDD _Dispatch 08092024 rc - Primed 8/23/2024 Page 612 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY 213 SE 16th St Pella, IA 50219 Ph: 641-628-1724 Cell 641-780-1007 duane.vos@racom.net www.racom.net Proposal Prepared for: Waterloo Fire Department Address 425 E 3rd St City Waterloo State & Zip Code IA 50703 County Black Hawk Phone/FAX 3192914460 Contact Name Chief Bill Beck Contact E-mail bill.beck@waterloo-ia.org USDD G2 Station Alerting System Headquarters ITEM QTY PART NO. DESCRIPTION UNIT EXTENDED 1 1 G2 VOICEALERT - Single Station License $ 1,102.50 $ 1,102.50 2 1 G2 ATX STATION CONTROLLER $ 23,272.50 $ 23,272.50 3 G2 EXPANSION KIT $ 7,838.00 $ - 4 1 ATX UPS, Standard $ 988.00 $ 988.00 5 1 Shelf/Bracket, Wall -Mount for UPS $ 75.00 $ 75.00 6 1 Audio Amplifier, External, Standard $ 1,135.50 $ 1,135.50 7 1 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack $ 91.20 $ 91.20 8 G2 COLOR INDICATOR REMOTE Module - Up to 8 unique colors $ 949.00 $ - 9 1 G2 HDTV REMOTE Module (TV / Electrical outlet / TV install by others) $ 1,121.50 $ 1,121.50 9 1 Push Button, Standard (Black) $ 126.50 $ 126.50 10 1 Push Button, Emergency (Red) $ 126.50 $ 126.50 11 2 G2 MESSAGE REMOTE 2 Module $ 1,525.00 $ 3,050.00 12 2 G2 MESSAGE SIGN (Digital LED) STANDARD 24" $ 1,260.00 $ 2,520.00 13 2 G2 MESSAGE SIGN (Digital LED) Extended Gamma Sign 36" $ 1,881.25 $ 3,762.50 14 2 MS-G Adapter Plate, SINGLE $ 75.00 $ 150.00 15 MS-G Adapter Plate, DOUBLE $ 75.00 $ - 16 2 MS Mount - Articulating, Long reach $ 390.00 $ 780.00 17 2 G2 ROOM REMOTE 2 Module $ 2,167.00 $ 4,334.00 18 14 G2 SPEAKER - LED Illuminated Flush Mount $ 374.00 $ 5,236.00 19 2 G2 SPEAKER - LED Illuminated Surface Mount (Metal box) 70v $ 374.00 $ 748.00 20 $ - $ - 21 2 G2 SPEAKER - OmniAlertStrobe (requires MR2 for power/signal/control) $ 1,050.00 $ 2,100.00 22 28 SPEAKER - STANDARD, FLUSH Mount, 70v $ 121.00 $ 3,388.00 24 1 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v $ 126.00 $ 126.00 25 4 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v $ 373.75 $ 1,495.00 26 2 G2 Strobe Light / Red LED $ 661.50 $ 1,323.00 27 2 Transformer, Bohm to 70V, External $ 74.20 $ 148.40 Terms of Purchase: Network, 16/4 Cabling, Cable pathway, back boxes installation provided by Building Contractor with RACOM support. Shipping Fees Estimated, Actual Invoiced. Year 1 Warranty and Support included at No Cost. Year 2-10 extended warranty and maintenance included. G2 MOBILE FSAS APP - Single Dev Lic - Up to 24 Lic-Per-ATX = $0.00 ea as long as system has support . Quote expires 10/28/2024 Tax Rate Total Equ'pment Price Installation Subtotal Taxes Shipping Total $ 176,766.00 $ 176,766.00 $ $ 2,300.00 $ 179,066.00 System Description: Waterloo Fire Department Headquarters - 425 E 3rd St., Waterloo IA - USDD G2 Fire Station Alerting System. Proposal Presented By: D Vos Proposal Accepted By: Date: 8/9/2024 Date: Clty of Waterloo Fire Department USDD _HQ 08092024 rc - Printed 8/23/2024 Page 613 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY Page 2 REM QTY Part No. DESCRIPTION UNIT EXTENDED 28 1 USDD Stations Config / Startup $ 4,002.40 $ 4,002.40 29 1 3982.50 $ - $ - 30 1 Station Project Management $ 1,715.31 $ 1,715.31 31 1 Station Engineering / Design Services $ 857.66 $ 857.66 32 1 Station Documentation $ 85.77 $ 85.77 33 1 Wiring / Brackets, Back Boxes for Installation $ 6,000.23 $ 6,000.23 34 1 Al RACOM On Site Services with Year 1 Support $ 24,750.00 $ 24,750.00 35 1 SW1 Year 1 Warranty provided with System Purchase at no cost when system is in support contract $ - $ - 36 4 WAR-EXT Year 2,3,4,5 USDD Warranty and Support per year $ 5,717.17 $ 22,868.68 37 4 Al -RAC -SUP Year 2,3,4,5 Remote and On Site Support - RACOM per year $ 3,300.00 $ 13,200.00 38 $ - $ - 39 5 WAR-EXT Year 6,7,8,9,10 USDD Warranty and Support per year $ 5,717.17 $ 28,585.85 40 5 Al -RAC -SUP Year 6,7,8,9,10 Remote and On Site Support - RACOM per year $ 3,500.00 $ 17,500.00 41 $ - $ - 42 $ - $ - 43 $ - $ - 44 $ - $ - 45 $ - $ - 46 $ - $ - 47 $ - $ - 48 $ - $ - 49 I $ - $ - 50 $ - $ - 51 $ - $ - 52 $ - $ - 53 $ - $ - 54 $ - $ - City of Waterloo Fire Department USDD _HQ 08092024 rc - Printed 8/23/2024 Page 614 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY 213 SE 16th St Pella, IA 50219 Ph: 641-628-1724 Cell 641-780-1007 duane.vos@racom.net www.racom.net Proposal Prepared for: Waterloo Fire Department Address 425 E 3rd St City Waterloo State & Zip Code IA 50703 County Black Hawk Phone/FAX 3192914460 Contact Name Chief Bill Beck Contact E-mail bill.beck@waterloo-ia.org USDD G2 Station Alerting System Station #2 ITEM QTY PART NO. DESCRIPTION UNIT EXTENDED 1 1 G2 VOICEALERT - Single Station License $ 1,102.50 $ 1,102.50 2 1 G2 ATX STATION CONTROLLER $ 23,272.50 $ 23,272.50 3 G2 EXPANSION KIT $ 7,838.00 $ - 4 1 ATX UPS, Standard $ 988.00 $ 988.00 5 1 Shelf/Bracket, Wall -Mount for UPS $ 75.00 $ 75.00 6 Audio Amplifier, External, Standard $ 1,135.50 $ - 7 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack $ 91.20 $ - 8 G2 COLOR INDICATOR REMOTE Module - Up to 8 unique colors $ 949.00 $ - 9 1 G2 HDTV REMOTE Module (TV / Electrical outlet / TV install by others) $ 1,121.50 $ 1,121.50 9 1 Push Button, Standard (Black) $ 126.50 $ 126.50 10 1 Push Button, Emergency (Red) $ 126.50 $ 126.50 11 1 G2 MESSAGE REMOTE 2 Module $ 1,525.00 $ 1,525.00 12 3 G2 MESSAGE SIGN (Digital LED) STANDARD 24" $ 1,260.00 $ 3,780.00 13 2 G2 MESSAGE SIGN (Digital LED) Extended Gamma Sign 36" $ 1,881.25 $ 3,762.50 14 2 MS-G Adapter Plate, SINGLE $ 75.00 $ 150.00 15 MS-G Adapter Plate, DOUBLE $ 75.00 $ - 16 2 MS Mount - Articulating, Long reach $ 390.00 $ 780.00 17 2 G2 ROOM REMOTE 2 Module $ 2,167.00 $ 4,334.00 18 11 G2 SPEAKER - LED Illuminated Flush Mount $ 374.00 $ 4,114.00 19 1 G2 SPEAKER - LED Illuminated Surface Mount (Metal box) 70v $ 374.00 $ 374.00 20 $ - $ - 21 1 G2 SPEAKER - OmniAlertStrobe (requires MR2 for power/signal/control) $ 1,050.00 $ 1,050.00 22 15 SPEAKER - STANDARD, FLUSH Mount, 70v $ 121.00 $ 1,815.00 24 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v $ 126.00 $ - 25 3 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v $ 373.75 $ 1,121.25 26 1 G2 Strobe Light / Red LED $ 661.50 $ 661.50 27 Transformer, Bohm to 70V, External $ 74.20 $ - Terms of Purchase: Network, 16/4 Cabling, Cable pathway, back boxes installation provided by Building Contractor with RACOM support. Shipping Fees Estimated, Actual Invoiced. Year 1 Warranty and Support included at No Cost. Year 2-5 and 6-10 included. G2 MOBILE FSAS APP - Single Dev Lic - Up to 24 Lic-Per-ATX = $0.00 ea as long as system has support . Quote expires 10/28/2024 Tax Rate Total Equ'pment Price Installation Subtotal Taxes Shipping Total $ 154,195.00 $ 154,195.00 $ $ 2,100.00 $ 156,295.00 System Description: Waterloo Fire Department Station #2 -1812 LaPorte Rd, Waterloo IA - USDD G2 Fire Station Alerting System. Proposal Presented By: D Vos Proposal Accepted By: Date: 8/9/2024 Date: City of Waterloo Fire Department USDD _ST2 08092024 rc - Printed 8/23/2024 Page 615 of 644 @RACOM AN EASTERN COMMUNICATIONS COMPANY Page 2 ITEM QTY Part No. DESCRIPTION UNIT EXTENDED 28 1 USDD Stations Config / Startup $ 3,526.83 $ 3,526.83 29 1 USDD Station Training - Configuration and Equipment $ - $ - 30 1 Station Project Management $ 1,511.50 $ 1,511.50 31 1 Station Engineering / Design Services $ 755.75 $ 755.75 32 1 Station Documentation $ 75.57 $ 75.57 33 1 MISC Wiring / Brackets for Installation $ 5,500.63 $ 5,500.63 34 1 Al RACOM On Site Services with Year 1 Support $ 16,500.00 $ 16,500.00 35 1 SW1 Year 1 Warranty provided with System Purchase at no cost when system is in support contract $ - $ - 36 4 WAR-EXT Year 2,3,4,5 USDD Warranty and Support per year $ 5,038.33 $ 20,153.32 37 4 Al -RAC -SUP Year 2,3,4,5 Remote and On Site Support - RACOM per year $ 3,300.00 $ 13,200.00 38 $ - $ - 39 5 WAR-EXT Year 6,7,8,9,10 USDD Warranty and Support per year $ 5,038.33 $ 25,191.65 40 5 Al -RAC -SUP Year 6,7,8,9,10 Remote and On Site Support - RACOM per year $ 3,500.00 $ 17,500.00 41 $ - $ - 42 $ - $ - 43 $ - $ - 44 $ - $ - 45 $ - $ - 46 $ - $ - 47 $ - $ - 48 $ - $ - 49 I $ - $ - 50 $ - $ - 51 $ - $ - 52 $ - $ - 53 $ - $ - 54 $ - $ - City of Waterloo Fire Department USDD _ST2 08092024 rc - Printed 8/23/2024 Page 616 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY 213 SE 16th St Pella, IA 50219 Ph: 641-628-1724 Cell 641-780-1007 duane.vos@racom.net www.racom.net Proposal Prepared for: Waterloo Fire Department Address 425 E 3rd St City Waterloo State & Zip Code IA 50703 County Black Hawk Phone/FAX 3192914460 Contact Name Chief Bill Beck Contact E-mail bill.beck@waterloo-ia.org USDD G2 Station Alerting System Station #3 ITEM QTY PART NO. DESCRIPTION UNIT EXTENDED 1 1 G2 VOICEALERT - Single Station License $ 1,102.50 $ 1,102.50 2 1 G2 ATX STATION CONTROLLER $ 23,272.50 $ 23,272.50 3 G2 EXPANSION KIT $ 7,838.00 $ - 4 1 ATX UPS, Standard $ 988.00 $ 988.00 5 1 Shelf/Bracket, Wall -Mount for UPS $ 75.00 $ 75.00 6 Audio Amplifier, External, Standard $ 1,135.50 $ - 7 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack $ 91.20 $ - 8 G2 COLOR INDICATOR REMOTE Module - Up to 8 unique colors $ 949.00 $ - 9 1 G2 HDTV REMOTE Module (TV / Electrical outlet / TV install by others) $ 1,121.50 $ 1,121.50 9 1 Push Button, Standard (Black) $ 126.50 $ 126.50 10 2 Push Button, Emergency (Red) $ 126.50 $ 253.00 11 1 G2 MESSAGE REMOTE 2 Module $ 1,525.00 $ 1,525.00 12 1 G2 MESSAGE SIGN (Digital LED) STANDARD 24" $ 1,260.00 $ 1,260.00 13 2 G2 MESSAGE SIGN (Digital LED) Extended Gamma Sign 36" $ 1,881.25 $ 3,762.50 14 2 MS-G Adapter Plate, SINGLE $ 75.00 $ 150.00 15 MS-G Adapter Plate, DOUBLE $ 75.00 $ - 16 2 MS Mount - Articulating, Long reach $ 390.00 $ 780.00 17 1 G2 ROOM REMOTE 2 Module $ 2,167.00 $ 2,167.00 18 6 G2 SPEAKER - LED Illuminated Flush Mount $ 374.00 $ 2,244.00 19 1 G2 SPEAKER - LED Illuminated Surface Mount (Metal box) 70v $ 374.00 $ 374.00 20 $ - $ - 21 1 G2 SPEAKER - OmniAlertStrobe (requires MR2 for power/signal/control) $ 1,050.00 $ 1,050.00 22 8 SPEAKER - STANDARD, FLUSH Mount, 70v $ 121.00 $ 968.00 24 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v $ 126.00 $ - 25 2 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v $ 373.75 $ 747.50 26 1 G2 Strobe Light / Red LED $ 661.50 $ 661.50 27 Transformer, Bohm to 70V, External $ 74.20 $ - Terms of Purchase: Network, 16/4 Cabling, Cable pathway, back boxes installation provided by Building Contractor with RACOM support. Shipping Fees Estimated, Actual Invoiced. Year 1 Warranty and Support included at No Cost. Year 2-5 and 6-10 included. G2 MOBILE FSAS APP - Single Dev Lic - Up to 24 Lic-Per-ATX = $0.00 ea as long as system has support . Quote expires 10/28/2024 Tax Rate Total Equ'pment Price Installation Subtotal Taxes Shipping Total $ 133,187.00 $ 133,187.00 $ $ 1,400.00 $ 134,587.00 System Description: Waterloo Fire Department Station #3 - 222 W Donald St., Waterloo IA - USDD G2 Fire Station Alerting System. Proposal Presented By: D Vos Proposal Accepted By: Date: 8/9/2024 Date: City of Waterloo Fire Department USDD _ST3 08092024 rc - Printed 8/23/2024 Page 617 of 644 @RACOM AN EASTERN COMMUNICATIONS COMPANY Page 2 ITEM QTY Part No. DESCRIPTION UNIT EXTENDED 28 1 USDD Stations Config / Startup $ 2,982.39 $ 2,982.39 29 1 USDD Station Training - Configuration and Equipment $ - $ - 30 1 Station Project Management $ 1,278.17 $ 1,278.17 31 1 Station Engineering / Design Services $ 639.08 $ 639.08 32 1 Station Documentation $ 63.91 $ 63.91 33 1 Wiring / Brackets, Back Boxes for Installation $ 6,000.00 $ 6,000.00 34 1 Al RACOM On Site Services with Year 1 Support $ 11,550.00 $ 11,550.00 35 1 SW1 Year 1 Warranty provided with System Purchase at no cost when system is in support contract $ - $ - 36 4 WAR-EXT Year 2,3,4,5 USDD Warranty and Support per year $ 4,260.55 $ 17,042.20 37 4 Al -RAC -SUP Year 2,3,4,5 Remote and On Site Support - RACOM per year $ 3,300.00 $ 13,200.00 38 $ - $ - 39 5 WAR-EXT Year 6,7,8,9,10 USDD Warranty and Support per year $ 4,260.55 $ 21,302.75 40 5 Al -RAC -SUP Year 6,7,8,9,10 Remote and On Site Support - RACOM per year $ 3,300.00 $ 16,500.00 41 $ - $ - 42 $ - $ - 43 $ - $ - 44 $ - $ - 45 $ - $ - 46 $ - $ - 47 $ - $ - 48 $ - $ - 49 I $ - $ - 50 $ - $ - 51 $ - $ - 52 $ - $ - 53 $ - $ - 54 $ - $ - City of Waterloo Fire Depelr enf USDD _ST3 08092024 rc - Printed 8/23/2024 Page 618 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY 213 SE 16th St Pella, IA 50219 Ph: 641-628-1724 Cell 641-780-1007 duane.vos@racom.net www.racom.net Proposal Prepared for: Waterloo Fire Department Address 425 E 3rd St City Waterloo State & Zip Code IA 50703 County Black Hawk Phone/FAX 3192914460 Contact Name Chief Bill Beck Contact E-mail bill.beck@waterloo-ia.org USDD G2 Station Alerting System Station #4 ITEM QTY PART NO. DESCRIPTION UNIT EXTENDED 1 1 G2 VOICEALERT - Single Station License $ 1,102.50 $ 1,102.50 2 1 G2 ATX STATION CONTROLLER $ 23,272.50 $ 23,272.50 3 G2 EXPANSION KIT $ 7,838.00 $ - 4 1 ATX UPS, Standard $ 988.00 $ 988.00 5 1 Shelf/Bracket, Wall -Mount for UPS $ 75.00 $ 75.00 6 Audio Amplifier, External, Standard $ 1,135.50 $ - 7 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack $ 91.20 $ - 8 G2 COLOR INDICATOR REMOTE Module - Up to 8 unique colors $ 949.00 $ - 9 1 G2 HDTV REMOTE Module (TV / Electrical outlet / TV install by others) $ 1,121.50 $ 1,121.50 9 1 Push Button, Standard (Black) $ 126.50 $ 126.50 10 2 Push Button, Emergency (Red) $ 126.50 $ 253.00 11 1 G2 MESSAGE REMOTE 2 Module $ 1,525.00 $ 1,525.00 12 1 G2 MESSAGE SIGN (Digital LED) STANDARD 24" $ 1,260.00 $ 1,260.00 13 2 G2 MESSAGE SIGN (Digital LED) Extended Gamma Sign 36" $ 1,881.25 $ 3,762.50 14 2 MS-G Adapter Plate, SINGLE $ 75.00 $ 150.00 15 MS-G Adapter Plate, DOUBLE $ 75.00 $ - 16 2 MS Mount - Articulating, Long reach $ 390.00 $ 780.00 17 1 G2 ROOM REMOTE 2 Module $ 2,167.00 $ 2,167.00 18 6 G2 SPEAKER - LED Illuminated Flush Mount $ 374.00 $ 2,244.00 19 1 G2 SPEAKER - LED Illuminated Surface Mount (Metal box) 70v $ 374.00 $ 374.00 20 $ - $ - 21 1 G2 SPEAKER - OmniAlertStrobe (requires MR2 for power/signal/control) $ 1,050.00 $ 1,050.00 22 8 SPEAKER - STANDARD, FLUSH Mount, 70v $ 121.00 $ 968.00 24 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v $ 126.00 $ - 25 3 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v $ 373.75 $ 1,121.25 26 1 G2 Strobe Light / Red LED $ 661.50 $ 661.50 27 Transformer, Bohm to 70V, External $ 74.20 $ - Terms of Purchase: Network, 16/4 Cabling, Cable pathway, back boxes installation provided by Building Contractor with RACOM support. Shipping Fees Estimated, Actual Invoiced. Year 1 Warranty and Support included at No Cost. Year 2-5 and 6-10 included. G2 MOBILE FSAS APP - Single Dev Lic - Up to 24 Lic-Per-ATX = $0.00 ea as long as system has support . Quote expires 10/28/2024 Tax Rate Total Equ'pment Price Installation Subtotal Taxes Shipping Total $ 134,271.00 $ 134,271.00 $ $ 1,400.00 $ 135,671.00 System Description: Waterloo Fire Department Station #4 -1200 Ansborough Ave, Waterloo IA - USDD G2 Fire Station Alerting System. Proposal Presented By: D Vos Proposal Accepted By: Date: 8/9/2024 Date: City of Waterloo Fire Department USDD _ST4 08092024 rc - Printed 8/23/2024 Page 619 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY Page 2 ITEM QTY Part No. DESCRIPTION UNIT EXTENDED 28 1 USDD Stations Config / Startup $ 3,008.55 $ 3,008.55 29 1 USDD Station Training - Configuration and Equipment $ - $ - 30 1 Station Project Management $ 1,289.38 $ 1,289.38 31 1 Station Engineering / Design Services $ 644.69 $ 644.69 32 1 Station Documentation $ 64.47 $ 64.47 33 1 Wiring / Brackets, Back Boxes for Installation $ 6,000.29 $ 6,000.29 34 1 Al RACOM On Site Services with Year 1 Support $ 11,880.00 $ 11,880.00 35 1 SW1 Year 1 Warranty provided with System Purchase at no cost when system is in support contract $ - $ - 36 4 WAR-EXT Year 2,3,4,5 USDD Warranty and Support per year $ 4,297.93 $ 17,191.72 37 4 Al -RAC -SUP Year 2,3,4,5 Remote and On Site Support - RACOM per year $ 3,300.00 $ 13,200.00 38 $ - $ - 39 5 WAR-EXT Year 6,7,8,9,10 USDD Warranty and Support per year $ 4,297.93 $ 21,489.65 40 5 Al -RAC -SUP Year 6,7,8,9,10 Remote and On Site Support - RACOM per year $ 3,300.00 $ 16,500.00 41 $ - $ - 42 $ - $ - 43 $ - $ - 44 $ - $ - 45 $ - $ - 46 $ - $ - 47 $ - $ - 48 $ - $ - 49 I $ - $ - 50 $ - $ - 51 $ - $ - 52 $ - $ - 53 $ - $ - 54 $ - $ - City of Waterloo Fire Department USDD _ST4 08092024 rc - Printed 8/23/2024 Page 620 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY 213 SE 16th St Pella, IA 50219 Ph: 641-628-1724 Cell 641-780-1007 duane.vos@racom.net www.racom.net Proposal Prepared for: Waterloo Fire Department Address 425 E 3rd St City Waterloo State & Zip Code IA 50703 County Black Hawk Phone/FAX 3192914460 Contact Name Chief Bill Beck Contact E-mail bill.beck@waterloo-ia.org USDD G2 Station Alerting System Station #5 ITEM QTY PART NO. DESCRIPTION UNIT EXTENDED 1 1 G2 VOICEALERT - Single Station License $ 1,102.50 $ 1,102.50 2 1 G2 ATX STATION CONTROLLER $ 23,272.50 $ 23,272.50 3 G2 EXPANSION KIT $ 7,838.00 $ - 4 1 ATX UPS, Standard $ 988.00 $ 988.00 5 1 Shelf/Bracket, Wall -Mount for UPS $ 75.00 $ 75.00 6 Audio Amplifier, External, Standard $ 1,135.50 $ - 7 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack $ 91.20 $ - 8 G2 COLOR INDICATOR REMOTE Module - Up to 8 unique colors $ 949.00 $ - 9 1 G2 HDTV REMOTE Module (TV / Electrical outlet / TV install by others) $ 1,121.50 $ 1,121.50 9 1 Push Button, Standard (Black) $ 126.50 $ 126.50 10 1 Push Button, Emergency (Red) $ 126.50 $ 126.50 11 1 G2 MESSAGE REMOTE 2 Module $ 1,525.00 $ 1,525.00 12 1 G2 MESSAGE SIGN (Digital LED) STANDARD 24" $ 1,260.00 $ 1,260.00 13 1 G2 MESSAGE SIGN (Digital LED) Extended Gamma Sign 36" $ 1,881.25 $ 1,881.25 14 1 MS-G Adapter Plate, SINGLE $ 75.00 $ 75.00 15 MS-G Adapter Plate, DOUBLE $ 75.00 $ - 16 1 MS Mount - Articulating, Long reach $ 390.00 $ 390.00 17 1 G2 ROOM REMOTE 2 Module $ 2,167.00 $ 2,167.00 18 6 G2 SPEAKER - LED Illuminated Flush Mount $ 374.00 $ 2,244.00 19 1 G2 SPEAKER - LED Illuminated Surface Mount (Metal box) 70v $ 374.00 $ 374.00 20 $ - $ - 21 1 G2 SPEAKER - OmniAlertStrobe (requires MR2 for power/signal/control) $ 1,050.00 $ 1,050.00 22 6 SPEAKER - STANDARD, FLUSH Mount, 70v $ 121.00 $ 726.00 24 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v $ 126.00 $ - 25 2 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v $ 373.75 $ 747.50 26 G2 Strobe Light / Red LED $ 661.50 $ - 27 Transformer, Bohm to 70V, External $ 74.20 $ - Terms of Purchase: Network, 16/4 Cabling, Cable pathway, back boxes installation provided by Building Contractor with RACOM support. Shipping Fees Estimated, Actual Invoiced. Year 1 Warranty and Support included at No Cost. Year 2-5 and 6-10 included. G2 MOBILE FSAS APP - Single Dev Lic - Up to 24 Lic-Per-ATX = $0.00 ea as long as system has support . Quote expires 10/28/2024 Tax Rate Total Equ'pment Price Installation Subtotal Taxes Shipping Total $ 124,081.00 $ 124,081.00 $ $ 1,200.00 $ 125,281.00 System Description: Waterloo Fire Department Station #5 - 617 Nevada St., Waterloo IA - USDD G2 Fire Station Alerting System. Proposal Presented By: D Vos Proposal Accepted By: Date: 8/9/2024 Date: City of Waterloo Fire Department USDD _ST5 08092024 rc - Printed 8/23/2024 Page 621 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY Page 2 ITEM QTY Part No. DESCRIPTION UNIT EXTENDED 28 1 USDD Stations Config / Startup $ 2,746.85 $ 2,746.85 29 1 USDD Station Training - Configuration and Equipment $ - $ - 30 1 Station Project Management $ 1,177.22 $ 1,177.22 31 1 Station Engineering / Design Services $ 588.61 $ 588.61 32 1 Station Documentation $ 58.86 $ 58.86 33 1 Wiring / Brackets, Back Boxes for Installation $ 6,000.49 $ 6,000.49 34 1 Al RACOM On Site Services with Year 1 Support $ 9,240.00 $ 9,240.00 35 1 SW1 Year 1 Warranty provided with System Purchase at no cost when system is in support contract $ - $ - 36 4 WAR-EXT Year 2,3,4,5 USDD Warranty and Support per year $ 3,924.08 $ 15,696.32 37 4 Al -RAC -SUP Year 2,3,4,5 Remote and On Site Support - RACOM per year $ 3,300.00 $ 13,200.00 38 $ - $ - 39 5 WAR-EXT Year 6,7,8,9,10 USDD Warranty and Support per year $ 3,924.08 $ 19,620.40 40 5 Al -RAC -SUP Year 6,7,8,9,10 Remote and On Site Support - RACOM per year $ 3,300.00 $ 16,500.00 41 $ - $ - 42 $ - $ - 43 $ - $ - 44 $ - $ - 45 $ - $ - 46 $ - $ - 47 $ - $ - 48 $ - $ - 49 I $ - $ - 50 $ - $ - 51 $ - $ - 52 $ - $ - 53 $ - $ - 54 $ - $ - City of Waterloo Fire Department USDD _ST5 08092024 rc - Printed 8/23/2024 Page 622 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY 213 SE 16th St Pella, IA 50219 Ph: 641-628-1724 Cell 641-780-1007 duane.vos@racom.net www.racom.net Proposal Prepared for: Waterloo Fire Department Address 425 E 3rd St City Waterloo State & Zip Code IA 50703 County Black Hawk Phone/FAX 3192914460 Contact Name Chief Bill Beck Contact E-mail bill.beck@waterloo-ia.org USDD G2 Station Alerting System Station #6 ITEM QTY PART NO. DESCRIPTION UNIT EXTENDED 1 1 G2 VOICEALERT - Single Station License $ 1,102.50 $ 1,102.50 2 1 G2 ATX STATION CONTROLLER $ 23,272.50 $ 23,272.50 3 G2 EXPANSION KIT $ 7,838.00 $ - 4 1 ATX UPS, Standard $ 988.00 $ 988.00 5 1 Shelf/Bracket, Wall -Mount for UPS $ 75.00 $ 75.00 6 Audio Amplifier, External, Standard $ 1,135.50 $ - 7 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack $ 91.20 $ - 8 G2 COLOR INDICATOR REMOTE Module - Up to 8 unique colors $ 949.00 $ - 9 1 G2 HDTV REMOTE Module (TV / Electrical outlet / TV install by others) $ 1,121.50 $ 1,121.50 9 1 Push Button, Standard (Black) $ 126.50 $ 126.50 10 2 Push Button, Emergency (Red) $ 126.50 $ 253.00 11 1 G2 MESSAGE REMOTE 2 Module $ 1,525.00 $ 1,525.00 12 1 G2 MESSAGE SIGN (Digital LED) STANDARD 24" $ 1,260.00 $ 1,260.00 13 2 G2 MESSAGE SIGN (Digital LED) Extended Gamma Sign 36" $ 1,881.25 $ 3,762.50 14 2 MS-G Adapter Plate, SINGLE $ 75.00 $ 150.00 15 MS-G Adapter Plate, DOUBLE $ 75.00 $ - 16 2 MS Mount - Articulating, Long reach $ 390.00 $ 780.00 17 1 G2 ROOM REMOTE 2 Module $ 2,167.00 $ 2,167.00 18 6 G2 SPEAKER - LED Illuminated Flush Mount $ 374.00 $ 2,244.00 19 1 G2 SPEAKER - LED Illuminated Surface Mount (Metal box) 70v $ 374.00 $ 374.00 20 $ - $ - 21 1 G2 SPEAKER - OmniAlertStrobe (requires MR2 for power/signal/control) $ 1,050.00 $ 1,050.00 22 8 SPEAKER - STANDARD, FLUSH Mount, 70v $ 121.00 $ 968.00 24 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v $ 126.00 $ - 25 2 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v $ 373.75 $ 747.50 26 1 G2 Strobe Light / Red LED $ 661.50 $ 661.50 27 Transformer, Bohm to 70V, External $ 74.20 $ - Terms of Purchase: Network, 16/4 Cabling, Cable pathway, back boxes installation provided by Building Contractor with RACOM support. Shipping Fees Estimated, Actual Invoiced. Year 1 Warranty and Support included at No Cost. Year 2-5 and 6-10 included. G2 MOBILE FSAS APP - Single Dev Lic - Up to 24 Lic-Per-ATX = $0.00 ea as long as system has support . Quote expires 10/28/2024 Tax Rate Total Equ'pment Price Installation Subtotal Taxes Shipping Total $ 133,187.00 $ 133,187.00 $ $ 1,400.00 $ 134,587.00 System Description: Waterloo Fire Department Station #6 - Ansborough Ave., Waterloo IA - USDD G2 Fire Station Alerting System. Proposal Presented By: D Vos Proposal Accepted By: Date: 8/9/2024 Date: City of Waterloo Fire Department USDD _ST6 08092024 rc - Printed 8/23/2024 Page 623 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY Page 2 ITEM QTY Part No. DESCRIPTION UNIT EXTENDED 28 1 USDD Stations Config / Startup $ 2,982.39 $ 2,982.39 29 1 USDD Station Training - Configuration and Equipment $ - $ - 30 1 Station Project Management $ 1,278.14 $ 1,278.14 31 1 Station Engineering / Design Services $ 639.08 $ 639.08 32 1 Station Documentation $ 63.91 $ 63.91 33 1 Wiring / Brackets, Back Boxes for Installation $ 6,000.03 $ 6,000.03 34 1 Al RACOM On Site Services with Year 1 Support $ 11,550.00 $ 11,550.00 35 1 SW1 Year 1 Warranty provided with System Purchase at no cost when system is in support contract $ - $ - 36 4 WAR-EXT Year 2,3,4,5 USDD Warranty and Support per year $ 4,260.55 $ 17,042.20 37 4 Al -RAC -SUP Year 2,3,4,5 Remote and On Site Support - RACOM per year $ 3,300.00 $ 13,200.00 38 $ - $ - 39 5 WAR-EXT Year 6,7,8,9,10 USDD Warranty and Support per year $ 4,260.55 $ 21,302.75 40 5 Al -RAC -SUP Year 6,7,8,9,10 Remote and On Site Support - RACOM per year $ 3,300.00 $ 16,500.00 41 $ - $ - 42 $ - $ - 43 $ - $ - 44 $ - $ - 45 $ - $ - 46 $ - $ - 47 $ - $ - 48 $ - $ - 49 I $ - $ - 50 $ - $ - 51 $ - $ - 52 $ - $ - 53 $ - $ - 54 $ - $ - City of Waterloo Fire Department USDD _ST6 08092024 rc - Printed 8/23/2024 Page 624 of 644 RACOM AN EASTERN COMMUNICATIONS COMPANY 213 SE 16th St Pella, IA 50219 Ph: 641-628-1724 Cell 641-780-1007 duane.vos@racom.net www.racom.net Proposal Prepared for: Waterloo Fire Department Address 425 E 3rd St City Waterloo State & Zip Code IA 50703 County Black Hawk Phone/FAX 3192914460 Contact Name Chief Bill Beck Contact E-mail mailto:bill.beckwwaterloo-ia.orq USDD G2 FSA System 1 Yr War/Maint ITEM QTY PART NO. DESCRIPTION UNIT EXTENDED 1 $ - $ - 2 1 Dispatch Primary Dispatch $ 88,933.00 $ 88,933.00 3 1 ST HQ Headquarters $ 96,612.00 $ 96,612.00 4 1 ST#2 Station #2 $ 80,650.00 $ 80,650.00 5 1 ST#3 Station #3 $ 66,343.00 $ 66,343.00 6 1 ST#4 Station #4 $ 67,090.00 $ 67,090.00 7 1 ST#5 Station #5 $ 60,164.00 $ 60,164.00 8 1 ST#6 Station #6 $ 66,343.00 $ 66,343.00 9 7 LTE LTE Network Backup option - SIM Card and Data Service by City* $ 3,000.00 $ 21,000.00 9 $ - $ - 10 $ - $ - 11 $ - $ - 12 - Warranty includes telephone remote access support (8:00 AM - 5:00 PM MST). $ - $ - 13 - See Warranty Statement for complete details. Warranty on HDTV is manufacturers only, no other warr $ - $ - 14 - Any electrical hardware and labor costs required will be the responsibility of Waterloo FD $ - $ - 15 - Exact Scope to be defined after final design is determined. RACOM will assist Waterloo Fire in $ - $ - 16 getting a quote from a local preferred electrician. $ - $ - 17 - Wiring / cabling, cable pathway, backboxes installed by City / Electrician. $ - $ - 18 - Wiring provided with system by RACOM $ - $ - 19 - Extended Warranties year 2 - 5, and year 6 - 10 available $ - $ - 20 - City to provide Network Connectivity Dispatch to each Station $ - $ - 21 - *LTE SIM Card and data provided by City $ - $ - 22 - BHC CAD Vendor Interface Cost not included - needs to be verified. $ - $ - 24 $ - $ - 25 $ - $ - 26 $ - $ - 27 $ - $ - Terms of Purchase: Network Dispatch to Stations by City. Network and 16/4 Cabling, Cable pathway, back boxes installation provided by Building Contractor with RACOM support. Shipping Fees Estimated, Actual Invoiced. Year 1 Warranty and Support included at No Cost. Year 2-5 and 6-10 shown as options G2 MOBILE FSAS APP - Single Dev Lic - Up to 24 Lic-Per-ATX = $0.00 ea as long as system has support . Dispatch Cost included, with station alerting and paging for WFD. Quote expires 10/28/2024 Tax Rate Total Equipment Price Installation Subtotal Taxes Shipping Total $ 547,135.00 $ 547,135.00 $ 11,000.00 $ 558,135.00 System Description: Waterloo Fire Department USDD Primary Dispatch G2 Fire Station Alerting System. Proposal Presented By: D Vos Proposal Accepted By: Date: 8/21 /2024 Date: City of Waterloo Flre Department USDD _Dlspafch_Sfafions 1YR WAR Totals 08092024 rr - Printed 8/26/2024 Page 625 of 644 A B c D 4 is ie 3 2 14. 1STOR E *31 T^ _ SA_ WIRE TO MR2-A NEAR ATX NPoEI INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER'S LINE -LEVEL AUDIO OUTPUT AND (EXISTING) OWNER -FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN -STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. f .e I WIRE TO MR2-B NEAR ATX olir 1LII",7T -r IPoE/ STUDY I 'EMERGENCY ALERT 'DOORBELL (PoE = G2 ATX Power -over -Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH -IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. 4. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER -FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. TO ATX SWITCH ONLY (THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. � J I LT. r 1 I US DIGITAL DESIGNS Count Name 1 EXTERNAL AMPLIFIER (60-100W) 1 G2 ATX STATION CONTROLLER 1 G2 HDTV REMOTE 14 G2 LED SPEAKER (G2-LVL-HC-70) 2 G2 LED SPEAKER -BOX 2 G2 MESSAGE REMOTE 2 2 G2 MESSAGE SIGN EXTENDED (MS-G2-E) 2 G2 MESSAGE SIGN STANDARD (MS-G2-S) 2 G2 MS ADAPTOR PLATE SINGLE (AP-S) 2 G2 OMNISTROBE SPEAKER 2 G2 STROBE LIGHT 1 G2 UPS (G2-UPS) 2 MS-MNT-ART-L 1 PUSH BUTTON (BLACK) 1 PUSH BUTTON (RED) 2 ROOM REMOTE 2 (RR-2) 28 SPEAKER FLUSH MOUNT 4 SPEAKER WEATHER-PROOF 1 SPEAKER -METAL BOX 2 TRANSFORMER POE PORTS REQUIRED ON ATX Count Name 8 G2 PoE PORT REQUIRED i.lil - ` ItI I SYMBOL DESCRIPTION G2 ATX ATX STATION CONTROLLER G2 EXPANSION EXP MODULE ea G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER AMP SYMBOL DESCRIPTION Gil G2 I/O REMOTE G2 MESSAGE REMOTE 2 MR2 G2 ROOM REMOTE 2 RR2 1I !A4 G2 HDTV REMOTE k`RA G2 COLOR INDICATOR REMOTE 6111 PUSH BUTTON - RED ElaPUSH BUTTON - BLACK VOS G2 VIDEO DOOR STATION LAR G2 LOCAL AREA REMOTE tElG2 STROBE LIGHT I OEM TRANSFORMER till IG2 OMNIALERT STROBE SPEAKER © G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX S 0 SPEAKER, WEATHER-PROOF 0 SPEAKER, FLUSH MOUNT a SPEAKER, METAL BOX G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN 24") �_-� MV!(STANDARD G2 MESSAGE SIGN ti� (EXTENDED 36") OEM FLAT PANEL MONITOR, XX", WITH vaM-xx • MOUNT VC VOLUME CONTROL (CUSTOMER SUPPLIED) I ADAPTER PLATE SINGLE ADAPTER PLATE I DOUBLE ARTICULATING ARM MOUNT -LONG 4 3 2 (-SIGNATURE REQUIRED END -USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) U a) FIRE HEADQUARTERS - FIRST LEVEL Page 425 E 3RD STREET, WATERLOO, IOWA 50703 date 18/27/2024 - A B C D 4 3 2 1 A B D - •-,H r. Y'.!. 'J sTG1 `...Sr.. IR1ZI+1 lJ'Yy' • -VAL '��.. ti EMERGENCY ALERT BASEMENT LEVEL INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER'S LINE -LEVEL AUDIO OUTPUT AND (EXISTING) OWNER -FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN -STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. A r' SECOND LEVEL (PoE = G2 ATX Power -over -Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH -IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. 4. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER -FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. (THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. � J SYMBOL DESCRIPTION G2 ATX ATX STATION CONTROLLER G2 EXPANSION EXP MODULE dca G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER AMP SYMBOL DESCRIPTION Gil G2 I/O REMOTE G2 MESSAGE REMOTE 2 M R2 G2 ROOM REMOTE 2 RR2 1E4 G2 HDTV REMOTE IHL.`I G2 COLOR INDICATOR REMOTE 6111 PUSH BUTTON - RED EDPUSH BUTTON - BLACK VOS G2 VIDEO DOOR STATION LAR G2 LOCAL AREA REMOTE tElG2 STROBE LIGHT IR OEM TRANSFORMER till I G2 OMNIALERT STROBE SPEAKER © G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX S 0 SPEAKER, WEATHER-PROOF 0 SPEAKER, FLUSH MOUNT a SPEAKER, METAL BOX G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN 24") �_-� MV!(STANDARD G2 MESSAGE SIGN ti� (EXTENDED 36") OEM FLAT PANEL MONITOR, XX", WITH vaM-xx • MOUNT VC VOLUME CONTROL (CUSTOMER SUPPLIED) I ADAPTER PLATE SINGLE ADAPTER PLATE I DOUBLE MOUNT - LONG B c D 4 3 2 1 SIGNATURE REQUIRED END -USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) U Q) J w w J 425 E 3RD STREET, WATERLOO, IOWA 50703 E L c Q) Rags 52T aiS44_J 11 O IV date 18/27/2024 - 4 3 2 A B C D N7o j• �� a• 9�_ ti s s 110 YARD STOP.. INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER'S LINE -LEVEL AUDIO OUTPUT AND (EXISTING) OWNER -FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN -STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. A bWake ROOK APPARATUS BAYS LNG 1° mvv.mvaooePo. MEFEEE WATCH (PoE = G2 ATX Power -over -Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH -IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. 4. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER -FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. (THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. � J US DIGITAL DESIGNS Count Name 1 G2 ATX STATION CONTROLLER 1 G2 HDTV REMOTE 11 G2 LED SPEAKER (G2-LVL-HC-70) 1 G2 LED SPEAKER -BOX 1 G2 MESSAGE REMOTE 2 2 G2 MESSAGE SIGN EXTENDED (MS-G2-E) 3 G2 MESSAGE SIGN STANDARD (MS-G2-S) 2 G2 MS ADAPTOR PLATE SINGLE (AP-S) 1 G2 OMNISTROBE SPEAKER 1 G2 STROBE LIGHT 1 G2 UPS (G2-UPS) 2 MS-MNT-ART-L 1 PUSH BUTTON (BLACK) 2 PUSH BUTTON (RED) 2 ROOM REMOTE 2 (RR-2) 15 SPEAKER FLUSH MOUNT 3 SPEAKER WEATHER-PROOF POE PORTS REQUIRED ON ATX Count Name 8 G2 PoE PORT REQUIRED SYMBOL DESCRIPTION G2 ATX ATX STATION CONTROLLER G2 EXPANSION EXP MODULE ea G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER AMP SYMBOL DESCRIPTION Gil G2 I/O REMOTE G2 MESSAGE REMOTE 2 MR2 G2 ROOM REMOTE 2 RR2 1E4 G2 HDTV REMOTE MI G2 COLOR INDICATOR REMOTE 6111 PUSH BUTTON - RED ElaPUSH BUTTON - BLACK vOS G2 VIDEO DOOR STATION LAR G2 LOCAL AREA REMOTE tElG2 STROBE LIGHT I OEM TRANSFORMER till I G2 OMNIALERT STROBE SPEAKER © G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX S 0 SPEAKER, WEATHER-PROOF 0 SPEAKER, FLUSH MOUNT a SPEAKER, METAL BOX G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN 24") �_-� MV!(STANDARD G2 MESSAGE SIGN ti� (EXTENDED 36") OEM FLAT PANEL MONITOR, XX", WITH vaM-xx• MOUNT VC VOLUME CONTROL (CUSTOMER SUPPLIED) I ADAPTER PLATE SINGLE ADAPTER PLATE I DOUBLE ARTICULATING ARM MOUNT -LONG B D 4 3 2 (-SIGNATURE REQUIRED END -USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) U a) FIRE STATION 2 - FIRST LEVEL 1812 LA PORTE ROAD, WATERLOO, IA 50702 E L c N CV a_ O LC) fV date 18/27/2024 - 4 3 2 1 A B D r ROOF •1191,42, i• asr amrk RECREATION 25211 MECHANICAL ICI f r } MESS 1 z11 1— . PB ROOF EMERGENCY ALERT MR UMW FEE9.11_ VAR! APPARATUS BAYS 11271 APPARATUS BAYS 1771 INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER'S LINE -LEVEL AUDIO OUTPUT AND (EXISTING) OWNER -FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN -STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. A (PoE = G2 ATX Power -over -Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH -IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. 4. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER -FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. (THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. � J SYMBOL DESCRIPTION G2 ATX ATX STATION CONTROLLER G2 EXPANSION EXP MODULE ea G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER AMP SYMBOL DESCRIPTION Gil G2 I/O REMOTE G2 MESSAGE REMOTE 2 MR2 G2 ROOM REMOTE 2 RR2 1E1 G2 HDTV REMOTE 151:11 G2 COLOR INDICATOR REMOTE 6111 PUSH BUTTON - RED ElaPUSH BUTTON - BLACK VOS G2 VIDEO DOOR STATION LAR G2 LOCAL AREA REMOTE tElG2 STROBE LIGHT IR OEM TRANSFORMER till I G2 OMNIALERT STROBE SPEAKER © G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX S 0 SPEAKER, WEATHER-PROOF 0 SPEAKER, FLUSH MOUNT a SPEAKER, METAL BOX G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN �_-� MV!(STANDARD 24") G2 MESSAGE SIGN ti� (EXTENDED 36") OEM FLAT PANEL MONITOR, XX", WITH vaM-xx • MOUNT VC VOLUME CONTROL (CUSTOMER SUPPLIED) I ADAPTER PLATE SINGLE ADAPTER PLATE I DOUBLE ARTICULATING ARM MOUNT -LONG B D 4 3 2 1 (SIGNATURE REQUIRED END -USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) U a) FIRE STATION 2 - SECOND LEVEL 1812 LA PORTE ROAD, WATERLOO, IA 50702 0_ O LC) fV date 18/27/2024 - 4 3 2 1 A B D Lf 'EMERGENCY ALERT rl .0,041 Sr! rlF a1R t:. I tixr . x.M,Y J cam NIP RECJ EC] LE /© A Etz BASEMENT LEVEL INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER'S LINE -LEVEL AUDIO OUTPUT AND (EXISTING) OWNER -FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN -STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. A *, I I WIRE TO MR2 NEAR ATX III ', ':I '1 a RD rmit:r Irr IT iti-.771 ±?lil •�_. �I If.,IVL �I '•" I PoE EMERGENCY ALERT (DOORBELL FIRST LEVEL PB (') I A.4 PoE is r t r pj A1..- 1.1,1 L2-* 1 041fr"li Ell I:I TO ATX SWITCH ONLY I mS.y A„El (PoE = G2 ATX Power -over -Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH -IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. 4. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER -FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. (THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. � J r- 1l t_' US DIGITAL DESIGNS Count Name 1 G2 ATX STATION CONTROLLER 1 G2 HDTV REMOTE 6 G2 LED SPEAKER (G2-LVL-HC-70) 1 G2 LED SPEAKER -BOX 1 G2 MESSAGE REMOTE 2 2 G2 MESSAGE SIGN EXTENDED (MS-G2-E) 1 G2 MESSAGE SIGN STANDARD (MS-G2-S) 2 G2 MS ADAPTOR PLATE SINGLE (AP-S) 1 G2 OMNISTROBE SPEAKER 1 G2 STROBE LIGHT 1 G2 UPS (G2-UPS) 2 MS-MNT-ART-L 1 PUSH BUTTON (BLACK) 2 PUSH BUTTON (RED) 1 ROOM REMOTE 2 (RR-2) 8 SPEAKER FLUSH MOUNT 2 SPEAKER WEATHER-PROOF POE PORTS REQUIRED ON ATX Count Name 5 G2 PoE PORT REQUIRED SYMBOL DESCRIPTION G2 ATX ATX STATION CONTROLLER G2 EXPANSION EXP MODULE dca G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER AMP SYMBOL DESCRIPTION Gil G2 I/O REMOTE G2 MESSAGE REMOTE 2 MR2 G2 ROOM REMOTE 2 RR2 1E4 G2 HDTV REMOTE MI G2 COLOR INDICATOR REMOTE IliPUSH BUTTON - RED EDPUSH BUTTON - BLACK VOS G2 VIDEO DOOR STATION LAR G2 LOCAL AREA REMOTE G2 STROBE LIGHT IR OEM TRANSFORMER till I G2 OMNIALERT STROBE SPEAKER © G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX S 0 SPEAKER, WEATHER-PROOF 0 SPEAKER, FLUSH MOUNT a SPEAKER, METAL BOX G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN 24") �_-� MV!(STANDARD G2 MESSAGE SIGN ti� (EXTENDED 36") OEM FLAT PANEL MONITOR, XX", WITH FPM-xx• MOUNT VC VOLUME CONTROL (CUSTOMER SUPPLIED) I ADAPTER PLATE SINGLE ADAPTER PLATE I DOUBLE ARTICULATING ARM MOUNT -LONG B D 4 3 2 1 (SIGNATURE REQUIRED END -USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) Q V w 0 0 4-4 U a) FIRE STATION 3 AND FIRE STATION 6 222 W DONALD STREET, WATERLOO, IOWA 50703 0_ O LC) IV date 18/27/2024 - 7 EMERGENCY ALERT' r BASEMENT LEVEL INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER'S LINE -LEVEL AUDIO OUTPUT AND (EXISTING) OWNER -FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN -STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. PoE tu(ra ApoEI FIRS 1-LEVEL FO A.4I 'WIRE TO MR2 NEAR ATX 161\-1DOORBELL EMERGENCY ALERT (PoE = G2 ATX Power -over -Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH -IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. 4. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER -FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. rki 1•• ri2r'-+_ IPoEF/1 -{ FIRST LEVEL (THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. � J US DIGITAL DESIGNS Count Name 1 G2 ATX STATION CONTROLLER 1 G2 HDTV REMOTE 6 G2 LED SPEAKER (G2-LVL-HC-70) 1 G2 LED SPEAKER -BOX 1 G2 MESSAGE REMOTE 2 2 G2 MESSAGE SIGN EXTENDED (MS-G2-E) 1 G2 MESSAGE SIGN STANDARD (MS-G2-S) 2 G2 MS ADAPTOR PLATE SINGLE (AP-S) 1 G2 OMNISTROBE SPEAKER 1 G2 STROBE LIGHT 1 G2 UPS (G2-UPS) 2 MS-MNT-ART-L 1 PUSH BUTTON (BLACK) 2 PUSH BUTTON (RED) 1 ROOM REMOTE 2 (RR-2) 8 SPEAKER FLUSH MOUNT 3 SPEAKER WEATHER-PROOF POE PORTS REQUIRED ON ATX Count Name 5 G2 PoE PORT REQUIRED SYMBOL DESCRIPTION G2 ATX ATX STATION CONTROLLER G2 EXPANSION EXP MODULE tha G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER AMP SYMBOL DESCRIPTION Gil G2 I/O REMOTE G2 MESSAGE REMOTE 2 MR2 G2 ROOM REMOTE 2 RR2 IM G2 HDTV REMOTE I5111 G2 COLOR INDICATOR REMOTE 6111 PUSH BUTTON - RED ElaPUSH BUTTON - BLACK VOS G2 VIDEO DOOR STATION LAR G2 LOCAL AREA REMOTE G2 STROBE LIGHT IO OEM TRANSFORMER till I G2 OMNIALERT STROBE SPEAKER © G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX S 0 SPEAKER, WEATHER-PROOF 0 SPEAKER, FLUSH MOUNT a SPEAKER, METAL BOX G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN �_-� (STANDARD 24") G2 MESSAGE SIGN tit (EXTENDED 36") OEM FLAT PANEL MONITOR, XX", WITH vaM-xx • MOUNT VC VOLUME CONTROL (CUSTOMER SUPPLIED) I ADAPTER PLATE SINGLE ADAPTER PLATE I DOUBLE ARTICULATING ARM MOUNT -LONG 4 3 2 1 DER G Q - A (-SIGNATURE REQUIRED END -USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) U a) FIRE STATION 4 Page OWA 50701 1200 ANSBOROUGH AVENUE, WATERLOO, LJ- 0 J 31 a O LC) fV date 18/27/2024 - A B C D 4 3 2 A B D I� I I .y p•. CFO vac : it I.If` INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER'S LINE -LEVEL AUDIO OUTPUT AND (EXISTING) OWNER -FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN -STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. A (PoE = G2 ATX Power -over -Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH -IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. 4. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER -FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. (THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. � J US DIGITAL DESIGNS Count Name 1 G2 ATX STATION CONTROLLER 1 G2 HDTV REMOTE 6 G2 LED SPEAKER (G2-LVL-HC-70) 1 G2 LED SPEAKER -BOX 1 G2 MESSAGE REMOTE 2 1 G2 MESSAGE SIGN EXTENDED (MS-G2-E) 1 G2 MESSAGE SIGN STANDARD (MS-G2-S) 1 G2 MS ADAPTOR PLATE SINGLE (AP-S) 1 G2 OMNISTROBE SPEAKER 1 G2 UPS (G2-UPS) 1 MS-MNT-ART-L 1 PUSH BUTTON (BLACK) 1 PUSH BUTTON (RED) 1 ROOM REMOTE 2 (RR-2) 6 SPEAKER FLUSH MOUNT 2 SPEAKER WEATHER-PROOF POE PORTS REQUIRED ON ATX Count Name 4 G2 PoE PORT REQUIRED SYMBOL DESCRIPTION G2 ATX ATX STATION CONTROLLER G2 EXPANSION EXP MODULE dca G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER AMP SYMBOL DESCRIPTION Gil G2 I/O REMOTE G2 MESSAGE REMOTE 2 MR2 G2 ROOM REMOTE 2 RR2 IM G2 HDTV REMOTE MI G2 COLOR INDICATOR REMOTE 6111 PUSH BUTTON - RED ElaPUSH BUTTON - BLACK VOS G2 VIDEO DOOR STATION LAR G2 LOCAL AREA REMOTE tElG2 STROBE LIGHT IR OEM TRANSFORMER till I G2 OMNIALERT STROBE SPEAKER © G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX S 0 SPEAKER, WEATHER-PROOF 0 SPEAKER, FLUSH MOUNT a SPEAKER, METAL BOX G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN 24") �_-� MVA(STANDARD G2 MESSAGE SIGN ti� (EXTENDED 36") OEM FLAT PANEL MONITOR, XX", WITH vaM-xx • MOUNT VC VOLUME CONTROL (CUSTOMER SUPPLIED) I ADAPTER PLATE SINGLE ADAPTER PLATE I DOUBLE ARTICULATING ARM MOUNT -LONG B D 4 3 2 (SIGNATURE REQUIRED END -USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) Q V W lce 0 0 w U a) FIRE STATION 5 - BASEMENT LEVEL ire 617 NEVADA STREET, WATERLOO, IOWA 50703 a_ O LC) fV date 18/27/2024 - 4 3 2 1 A B C D INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER'S LINE -LEVEL AUDIO OUTPUT AND (EXISTING) OWNER -FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN -STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. A WIRE TO MR2 NEAR ATX PoE IPoEI/ (PoE = G2 ATX Power -over -Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH -IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. 4. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER -FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. EMERGENCY ALERT DOORBELL BUC PB (THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. � J SYMBOL DESCRIPTION G2 ATX ATX STATION CONTROLLER G2 EXPANSION EXP MODULE el 221 G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER AMP SYMBOL DESCRIPTION Gil G2 I/O REMOTE G2 MESSAGE REMOTE 2 MR2 G2 ROOM REMOTE 2 RR2 IM G2 HDTV REMOTE IHL.`I G2 COLOR INDICATOR REMOTE PUSH BUTTON - RED ElaPUSH BUTTON - BLACK VOS G2 VIDEO DOOR STATION LAR G2 LOCAL AREA REMOTE tElG2 STROBE LIGHT I OEM TRANSFORMER till IG2 OMNIALERT STROBE SPEAKER © G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX S 0 SPEAKER, WEATHER-PROOF 0 SPEAKER, FLUSH MOUNT a SPEAKER, METAL BOX G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN 24") �_-� MV!(STANDARD G2 MESSAGE SIGN ti� (EXTENDED 36") OEM FLAT PANEL MONITOR, XX", WITH vaM-xx • MOUNT VC VOLUME CONTROL (CUSTOMER SUPPLIED) I ADAPTER PLATE SINGLE ADAPTER PLATE I DOUBLE ARTICULATING ARM MOUNT -LONG B D 4 3 2 1 (SIGNATURE REQUIRED r � END -USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) U a) FIRE STATION 5 - FIRST LEVEL 617 NEVADA STREET, WATERLOO, IOWA 50703 a_ O LC) fV date 18/27/2024 - 4 3 2 1 A B D INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER'S LINE -LEVEL AUDIO OUTPUT AND (EXISTING) OWNER -FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN -STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. A (PoE = G2 ATX Power -over -Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH -IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. 4. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER -FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. (THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. � J US DIGITAL DESIGNS Count Name 1 EXTERNAL AMPLIFIER (60-100W) 1 G2 ATX STATION CONTROLLER 1 G2 HDTV REMOTE 6 G2 LED SPEAKER (G2-LVL-HC-70) 1 G2 MESSAGE REMOTE 2 2 G2 MESSAGE SIGN EXTENDED (MS-G2-E) 3 G2 MESSAGE SIGN STANDARD (MS-G2-S) 2 G2 MS ADAPTOR PLATE SINGLE (AP-S) 1 G2 OMNISTROBE SPEAKER 1 G2 UPS (G2-UPS) 1 MS-G HANGER KIT (MS-HK) 2 MS-MNT-ART-L 1 PUSH BUTTON (BLACK) 1 PUSH BUTTON (RED) 22 SPEAKER FLUSH MOUNT 4 SPEAKER WEATHER-PROOF POE PORTS REQUIRED ON ATX Count Name 5 G2 PoE PORT REQUIRED SYMBOL DESCRIPTION G2 ATX ATX STATION CONTROLLER G2 EXPANSION EXP MODULE Ma G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER AMP SYMBOL DESCRIPTION Gil G2 I/O REMOTE G2 MESSAGE REMOTE 2 MR2 G2 ROOM REMOTE 2 RR2 1E1 G2 HDTV REMOTE I`RA G2 COLOR INDICATOR REMOTE 6111 PUSH BUTTON - RED ElaPUSH BUTTON - BLACK VOS G2 VIDEO DOOR STATION LAR G2 LOCAL AREA REMOTE tElG2 STROBE LIGHT IO OEM TRANSFORMER till I G2 OMNIALERT STROBE SPEAKER © G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX S 0 SPEAKER, WEATHER-PROOF 0 SPEAKER, FLUSH MOUNT a SPEAKER, METAL BOX G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN 24") �_-� MV!(STANDARD G2 MESSAGE SIGN ti� (EXTENDED 36") OEM FLAT PANEL MONITOR, XX", WITH vaM-xx • MOUNT VC VOLUME CONTROL (CUSTOMER SUPPLIED) I ADAPTER PLATE SINGLE ADAPTER PLATE I DOUBLE ARTICULATING ARM MOUNT -LONG B C D 4 3 2 1 SIGNATURE REQUIRED END -USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) U a) RTC STATION - BASEMENT LEVEL 1925 NEWELL STREET, WATERLOO, IOWA 50707 f6 = N Q } Rage 334 an449 0_ on .y aJ a_ O LC) fV date 18/27/2024 - 4 3 2 1 A B D EA.1 rT WIRE TO MR2 NEAR ATX h • -4.51Z1611111 IPoE/ INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER'S LINE -LEVEL AUDIO OUTPUT AND (EXISTING) OWNER -FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN -STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. A cµ}fi.re- EMERGENCY ALERT' 'DOORBELL 1 K. dJ l' GW+i-L 7�fiK EL. 1:'� I.IN Sx'KNl.- 's.k F- UH«-L - Abc..'WF rxrP r PECY,P (PoE = G2 ATX Power -over -Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH -IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. 4. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER -FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. (THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. � J SYMBOL DESCRIPTION G2 ATX ATX STATION CONTROLLER G2 EXPANSION EXP MODULE /1121 G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER AMP SYMBOL DESCRIPTION Gil G2 I/O REMOTE G2 MESSAGE REMOTE 2 MR2 G2 ROOM REMOTE 2 RR2 IM G2 HDTV REMOTE 15111 G2 COLOR INDICATOR REMOTE 6111 PUSH BUTTON - RED ElaPUSH BUTTON - BLACK VOS G2 VIDEO DOOR STATION LAR G2 LOCAL AREA REMOTE tElG2 STROBE LIGHT I OEM TRANSFORMER gill G2 OMNIALERT STROBE SPEAKER © G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX S 0 SPEAKER, WEATHER-PROOF 0 SPEAKER, FLUSH MOUNT a SPEAKER, METAL BOX G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN 24") �_-� MV!(STANDARD G2 MESSAGE SIGN ti� (EXTENDED 36") OEM FLAT PANEL MONITOR, XX", WITH vaM-xx • MOUNT VC VOLUME CONTROL (CUSTOMER SUPPLIED) I ADAPTER PLATE SINGLE ADAPTER PLATE I DOUBLE ARTICULATING ARM MOUNT -LONG B D 4 3 2 1 (SIGNATURE REQUIRED END -USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) Q V w 0 0 U a) RTC STATION - FIRST LEVEL ire 1925 NEWELL STREET, WATERLOO, IOWA 50707 date 18/27/2024 - CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Paul Huting, Leisure Services Director Leisure Services Department MEETING DATE September 3, 2024 AGENDA ITEM TITLE Resolution approving the Refundable Advance for Construction of Underground Electric Service Extension in the amount of $27,478.18 for use with MidAmerican Energy, for electric distribution to serve reconstructed pool at 801 Campbell Avenue, in conjunction with the FY 2024 Byrnes Aquatic Center Project, Contract No. 1077, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The proposed agreement would allow for the underground extension of electrical services for the FY 2024 Byrnes Aquatic Center Project, Contract No. 1077. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 636 of 644 ATTACHMENTS 1. MidAmerican Energy _ One Year Refundable - Incremental UG 3214451_encrypted_ Page 637 of 644 MidAmerican ENERGY OBSESSIVELY, fit LENTLESSLY AT YOUR SWRYICF. August 28, 2024 Waterloo Leisure Services Attn: Travis Nichols TRAVIS.NICHOLS@WATERLOO-IA.ORG MidAmerican Energy Attn: Amy M Adams - DMCC PO Box 657 Des Moines, IA 50306 Reference: Electric distribution to serve a reconstructed pool at 801 Campbell Ave., Waterloo, IA MX: 3214451 Dear Travis: We are pleased to submit the Refundable Advance for Construction Underground Electric Service Extension Proposal for the above project. This proposal is valid for 90 days and if MidAmerican Energy construction has not commenced within 12 months it may be voided. Please sign and return the proposal as soon as you are ready to commit to the work. You may withhold payment until 30 days before MidAmerican Energy Company is ready to schedule the work. In the meantime, please keep me informed of your schedule. After we have received your payment, we will sign and return a copy of the proposal for your records. If you have any questions, please call me at (515) 252-6701 Sincerely, MidAmerican Energy Company A1119 Alp*, Amy M Adams Customer Project Coordinator Enclosures Page 638 of 644 MidAmerican ENERGY OBSESSIVELY, HELENTLESSLYATYOUR SSRVICf. MidAmerican Energy Attn: Amy M Adams - DMCC PO Box 657 Des Moines, IA 50306 MIDAMERICAN ENERGY COMPANY REFUNDABLE ADVANCE FOR CONSTRUCTION UNDERGROUND ELECTRIC SERVICE EXTENSION PROPOSAL MX: 3214451 MidAmerican Energy Company ("MidAmerican"), an Iowa corporation and Waterloo Leisure Services ("Applicant"), agree as follows: 1. MidAmerican will extend its electric lines underground to serve 3PHS, 277/480V to a reconstructed pool at 801 Campbell Ave., Waterloo, IA as shown on attached drawings. 2. MidAmerican will furnish the necessary labor and materials required to fulfill its undertaking, as specified above. Such work will commence by MidAmerican as soon as reasonable and practicable after the execution of this Proposal and receipt of Applicant's Advance payment, defined below. MidAmerican will complete the work with reasonable diligence. 3. In consideration of the receipt of a payment in the amount of $27,478.18 From Applicant, which is an advance for construction subject to refund ("Advance"), MidAmerican agrees to construct necessary electric facilities as set forth above. Please submit the Advance payment with Applicant's signed acceptance of this Proposal. If Applicant's acceptance and Advance payment is not received by November 28, 2024 the amount may be subject to change. 4. The Advance shall be subject to refund by MidAmerican to Applicant based upon the following terms and conditions: a. Advances shall not accrue interest and shall be subject to refund from the date of original advance payment. The refund will be based on twelve months usage of the incremental difference between the current annual metered electric service bill of the above Applicant, as described below, and Applicant's future usage through the following annual period, which will start after MidAmerican has completed the required work requested by the customer. The Applicant's current usage is based on 47,320 billed kWh for the twelve-month billing period starting September 22, 2023 through August 22, 2024 for electric meter S64177261, CSS Acct 37930-12016, resulting in the established annual billing of $5,290.58. The customer will receive a one-time refund equal to three times the actual annual revenue, less both fuel expenses and energy efficiency cost recovery charges, for the first 12 months of metered electric service of the above Applicant, as described below. Page 639 of 644 MidAmerican ENERGY OBSESSIVELY, HELENTLESSLYAT YOUR SSRVICI. MidAmerican Energy Attn: Amy M Adams - DMCC PO Box 657 Des Moines, IA 50306 b. If additional single-phase customers are connected to the above described line extension within 10 years of the original Advance payment, the above Applicant shall receive refunds equal to three times estimated base revenue for each additional new customer to the extent that such revenue exceeds the additional distribution construction costs incurred by MidAmerican. Base revenue shall be estimated annual revenue, less both fuel expenses and energy efficiency cost recovery charges, based on similarly situated customers. c. Refunds shall be made annually on or about the anniversary date of the original Advance payment. d. Revenue for un-metered private lighting shall not be included in any refund. e. No refunds shall be made for revenue associated with customers connecting after 10 years from the date of the original Advance payment. f. In no case shall the total amount refunded exceed the refundable portion of the Advance payment stated above. g. No refunds shall be made for customers served from a further extension of the above described electric line extension. 5. Applicant shall provide, without cost to MidAmerican, all easements necessary and incidental to such installation and use of MidAmerican's facilities on private property within the area served. If a third party easement is required, any cost associated in obtaining the easement will be paid by the Applicant. 6. Pursuant to MidAmerican's tariff, the Applicant is required to pay actual permit fees. Permit fees are to be paid regardless of whether the applicant is required to pay a Refundable Advance or a Nonrefundable Contribution. Permit fees are not refundable. 7. Applicant shall be responsible for locating and marking all privately owned systems such as water services, culverts, irrigation systems, drainpipes, septic lines, and underground wiring before MidAmerican's construction. 8. All distribution systems or other facilities constructed or installed by MidAmerican under this Proposal shall remain the sole property of MidAmerican and MidAmerican shall determine, at its own judgment, the manner and method of use thereof. MidAmerican also shall determine, at its own judgment, whether to extend the facilities, connect other facilities, or serve other customers from the facilities, subject only to such obligations as MidAmerican shall have assumed in this Proposal; and no other person shall have any right, title, interest or claim, in or to MidAmerican's distribution system or other facilities under this Proposal. Page 640 of 644 MidAmerican ENERGY OBSESSIVELY, HELENTLESSLYAT YOUR IMMOf. MidAmerican Energy Attn: Amy M Adams - DMCC PO Box 657 Des Moines, IA 50306 9. Applicant shall furnish, install, own and maintain all 4-inch ducts as shown on attached prints. All ducts shall be black w/red stripe or grey in color, PVC type schedule 40 or schedule 40 HDPE coil -able. Applicant shall install ducts a minimum of forty-two (42) inches and a maximum of forty-eight (48) inches below finish grade with capped and staked ends and equipped with pull wires. MidAmerican Energy Company will provide marker balls for the duct ends. These are available at MidAmerican Energy Company's storeroom. Applicant is responsible for correct placement and depth of conduit. Note: No more than ten (10) conduits allowed within the secondary compartment of the transformer pad. Proposed this 28th day of August, 2024 MIDAMERICAN ENERGY COMPANY By: Title: APPLICANT By: Title: Page 641 of 644 Byrnes Park Extention 1009643 101 \- _•-•-•L•_• 93-4-590 1nn4 TOP STLT POLE 0001 J09697: • L 0. J O I • • L •-.� •-� C01552161R 40T 5-3 WOOD 2J5F05048 9 • 0001009660 932 •—.arm..-- ACSR (1/0 ACSR 6/1 00 009668 REMOVE TEMP TRANSFORMER BANK REMOVE OH WIRE. EXISTING POLE IN WAY OF SIDEWALK 928 40-2 WOOD 801-901 922 916 INSTALL 45' POLE INTALL CR8M106 FRAME INSTALL GGC523 GUY INSTALL RPC302 RISER 25T FUSE LABEL: 05F05948 HOFFMAN BORE IN APPROX 90' OF 4" CONDUIT <111.1.111111.1111 PULL IN APPROX 400' OF 1/0 PARA • RBT04772 C PHS 150 KVA 480/277 CUSTOMER TO INSTALL 4" CONDUIT TO ROW INSTALL MEDIUM TRANSFOMER PAD INSTALL 150KVA 480/277 XFMR INSTALL (4) TCC202'S LABEL 05T04772 MIDAMERICAN ENIERCYCOMPANY. Cust: Waterloo Leisure Services Addr: 801 801 CAMPBELL AVE AVE Crew HQ:WAT City: WATERLOO I X = 1945197 Y = 907061 WMS_REV:3214451-1 Date: 8/8/2024 Scale: 1 IN = X FT Designer:ROBERT D HOLM Job Desc: BYRNES PARK POOL DISCLAIMER OF LIABILITY NOTE: This drawing reflects facilities in place at the time of its preparation and is subject to change at any time. For current facility information, please contact MidAmerican Energy Company. Further, MidAmerican Energy Company disclaims all liability and responsibility for all claims and damages including but not limited to, personal injury, death and property damage, resulting from any authorized or unauthorized use of, or reliance upon, this drawing for any purpose. Page 642 of 644 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE MEETING DATE September 3, 2024 Ordinance establishing grades for the City of Waterloo FY 2024 Sidewalk Repair Assessment Program — Zone 3, Contract No. 1082. RECOMMENDED COUNCIL ACTION It is recommended these grades be adopted to comply with the State Code of Iowa so that the sidewalk assessment program can continue in a timely manner. SUMMARY STATEMENT AND BACKGROUND INFORMATION This is being submitted for Council approval as advised by the bonding attorneys. As per Section 384.39 of the State Code of Iowa, official grades shall be adopted for assessment purposes. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 643 of 644 Page 644 of 644